Chennai Court June 2009 Judgments
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New India Assurance Company Limited Vs. V. Bommi and ors.
Court: Chennai
Decided on: Jun-12-2009
Reported in: (2009)5MLJ1349
Prabha Sridevan, J.1. On 18.3.1997, one Vijaya Baskaran (the deceased) was proceeding in his motor cycle, when near the Kathipara Junction, the insured lorry bearing No. TN-21-U-1305 hit him and caused fatal injuries. According to the claimants, the legal representatives of the above Vijaya Baskaran, it was the rash and negligent driving of the lorry driver which caused the accident. They claimed Rupees One Crore as compensation since according to them, the deceased was the proprietor of Saran Engineers and Builders and was earning between Rs. 25,000/- and Rs. 35,000/- per month. The owner of the lorry, who was the first respondent in the claim petition and who is the fifth respondent herein, remained ex parte initially and then sought to set aside the ex parte order and contested the claim. According to the owner, the deceased was under the influence of alcohol and fell down in his attempt to overtake the vehicle that was going in front of him.2. The appellant-insurance company, which...
R. Elumalai Vs. the State of Tamil Nadu Rep. by the Commissioner and S ...
Court: Chennai
Decided on: Jun-12-2009
Reported in: (2009)5MLJ756
ORDERElipe Dharma Rao, J.1. Aggrieved by the order of the Tamil Nadu Administrative Tribunal dated 31.12.2003 wherein and by which the application filed by the petitioner / applicant in T.A. No. 31 of 1994 seeking for regularisation of his services from the date of initial appointment, was dismissed, the present writ petition has been filed.2. The brief facts leading to the filing of the present writ petition are as follows:The petitioner, who joined as Junior Assistant in the Office of the Executive Engineer, Public Works Department [P.W.D.), Kancheepuram Division on 14.6.1975 and later on posted as Typist, and came out successful in the Special Qualifying Examination held on 27.12.1977 by the Tamil Nadu Public Service Commission [for short, 'TNPSC'], was allotted to the P.W.D. Unit for the post of Junior Assistant in the Tamil Nadu Ministerial Service; that the Chief Engineer (General), P.W.D. vide his proceedings dated 29.8.1980 on which date he was holding the post of Typist tempor...
B.N. Devadas Vs. University Grants Commission Rep. by Its Secretary an ...
Court: Chennai
Decided on: Jun-12-2009
Reported in: (2009)5MLJ468
ORDERV. Dhanapalan, J.1. W.P. No. 30664 of 2006 has been filed as a pro bono publico for issuance of a writ of mandamus, directing the respondents 1 to 9 to initiate appropriate action against the respondents 10 and 11 for closure of 22 ICFAI National Colleges and ICFAI Business Schools, conducting full time academic programs, and ICFAI Study Centre for 360 Flexible Education throughout the State of Tamil Nadu and safeguard the interest of students who are pursuing their studies with respondents 10 and 11.2. W.P. Nos. 17126 and 17127 of 2008 have been filed for issuance of a writ of certiorari to call for the records relating to the order of the respondent in file No. 37-3/Legal/AICTE, dated 30.06.2008, and to quash the same.3. W.P. No. 17128 of 2008 is for a mandamus, directing the respondent to delete the name of the petitioner from the List of Unapproved Institutions maintained in its website www.aicte.ernet.in.4. Though all these Writ Petitions involve an identical issue, they are ...
Hma Data Systems Private Limited Vs. Ssi Limited Represented by Its Au ...
Court: Chennai
Decided on: Jun-12-2009
Reported in: (2009)5MLJ1174
R. Sudhakar, J.1. Original Side Appeal No. 76 of 2006 is filed by the appellant, the respondent in O.A. No. 519 of 2005, the defendant in C.S. No. 431 of 2005 challenging the order dated 20.1.2006 passed in O.A. No. 519 of 2005, by the learned single Judge, confirming the modified order dated 29.4.2005.2. Original Side Appeal No. 77 of 2006 is filed by the appellant, the applicant in Application No. 4901 of 2005, the defendant in C.S. No. 431 of 2005 challenging the order dated 20.1.2006 passed in A. No. 4901 of 2005 by the learned single Judge, dismissing the application.3. Original Side Appeal No. 78 of 2006 is filed by the appellant, the applicant in Application No. 3216 of 2005, the defendant in C.S. No. 431 of 2005 challenging the order dated 20.1.2006 passed in A. No. 3216 of 2005 by the learned single Judge, dismissing the application.4. The brief facts of the case for disposal of all the three appeals are as follows:(a) M/s. SSI Limited represented by Chief Financial Officer, t...
The Assistant Commissioner, H.R. and C.E. Admn. Department, Vs. Kamala ...
Court: Chennai
Decided on: Jun-11-2009
Reported in: (2009)5MLJ826
M. Venugopal, J.1. The appellants/defendants have preferred this appeal as against the Judgment and decree made in O.S.No.746 of 1993 by the learned Second Additional Subordinate Judge, Salem in setting aside the order the Commissioner(HR & CE) dated 5.3.1993 in A.P.No.57/1990 and granting the relief of declaration that the suit temple is the private temple of the respondent/plaintiff's family.2.The short facts that are necessary for the disposal of the case are as below:The suit temple Arulmighu Nagamuneswarar temple is a small temple is situated in Block 3 Ward F.Bazaar Street(Main Road) in door No. 305, in T.S.No.109,Shevapet, Salem and the same belongs to the respondent/plaintiff's family exclusively. The ancestor of the respondent's/plaintiff's husband Amboiyra Naicker has acquired a land about 100 years ago and has put up a thatched shed and installed Muniappan Idol and founded the suit temple in the property. After the death of said Amboiyra Naicker, his son Marimuthu Naicker ha...
M. Sankarasubramania Pillai and S. Ganesan Vs. the Commissioner, Hr an ...
Court: Chennai
Decided on: Jun-11-2009
Reported in: (2009)6MLJ812
M.M. Sundresh, J.1. The plaintiff herein is the appellant. The suit has been filed under Section 70 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, seeking to set aside the order passed by the respondent in Appeal No. 7/1986, dated 14.02.1989.2. The case of the appellant is as follows:The Chiriya Arachalai Vinayagar Temple is situated in Neeragara Ambalathaduvar Mutt, Theroor Village, Agasteeswaram Taluk, Kanyakumari District. The said Mutt has been established by Neeragara Ambalathaduvar. The said Ambalathaduvar is the ancestor of the plaintff. The temple has been built in the patta land. After passing several hands, the administration of the temple has come in the hands of the appellant. According to the appellant, in view of the interference made by the departmental authorities, he was constrained to file an application under Section 63(b) of the Tamil Nadu Hindu Religious Charitable and Endowments Act, 1959(hereinafter called as the 'Act'), seeking to declare...
K. Farook Mohammed Vs. State of Tamil Nadu
Court: Chennai
Decided on: Jun-11-2009
Reported in: (2010)28VST121(Mad)
B. Rajendran, J.1. The assessee has preferred these appeals as against the order passed by the Joint Commissioner (CT) in suo motu revision in T1/10433/95 (SMR Nos. 152 and 151 of 1997) dated September 26, 1997 for the assessment years 1985-86 and 1986-87.2. The assessee is a contractor and he has reported a total turnover for the years 1985-86 and 1986-87. Based on the records produced, the assessing officer had levied tax taking into account the railway contract for supply and doing contract work in respect of removal and filling of the ballasts (jelly) and in view of the fact that the assessee had not chosen to disclose the contract entered into the railways for the supply and working of the ballasts in the railway line, a penalty was also imposed at 11/2 times the tax of the undisclosed sales under Section 12(3) of the Tamil Nadu General Sales Tax Act. Aggrieved against such assessment, the assessee preferred an appeal before the Appellate Assistant Commissioner in both the cases.3...
State of Tamil Nadu Vs. Ashoka Motors
Court: Chennai
Decided on: Jun-11-2009
Reported in: (2010)28VST116(Mad)
ORDERF.M. Ibrahim Kalifulla, J.1. The State has come forward with this revision challenging the order of the Tribunal dated April 7, 1995 passed in Tribunal Appeal No. 378 of 1993.2. The short facts are that the respondent herein purchased a chassis which suffered tax at that point of sale. The respondent, thereafter, erected a body over it and after using the complete unit, sold the new product, namely, the lorry to a third party, for which, the assessing authority, by its order dated January 31, 1992 determined the tax in a sum of Rs. 36, 113, along with surcharge and additional surcharge. The contention of the respondent before the lower appellate authority was that the chassis purchased by it, having already suffered tax once, was not liable to be taxed again after the body was built over it. The Tribunal having accepted the case of the respondent, the State has come forward with this appeal.3. In this context, the learned Special Government Pleader appearing for the petitioner rel...
Ramachandran P.T. Vs. Regional P.F. Commissioner and ors.
Court: Chennai
Decided on: Jun-11-2009
Reported in: (2010)ILLJ85Mad
ORDERR. Sudhakar, J.1. The writ petition is filed to issue a writ of certiorarified mandamus calling for the records of the second respondent pertaining to the Pension Payment Order in P.P.O. No. TN/MDU 13646 dated August 26, 1997 and to quash the Pension Payment Order as contemplated under the provisions of the Employees' Pension Scheme 1995 and direct the second respondent to fix the pension of the petitioner which he is entitled to as per the benefits provided in para 12(5)(a) and (b) and to determine eligible service as per para 9(b) of the Employees' Pension Scheme.2. The brief facts of the case is as follows: Petitioner joined in the services of the third respondent Tiruchendur Co-operative Spinning Mills Limited as a Spinning Fitter on October 1, 1963 and retired on January 20,1997 on attaining the age of 58 years. According to the petitioner, he was enrolled as a member of the Employees' Provident Fund Scheme with effect from September 1, 1965. Thereafter, he joined the Family ...
New India Assurance Company Limited by Its Branch Manager Vs. K. Thila ...
Court: Chennai
Decided on: Jun-10-2009
Reported in: (2009)6MLJ785
M. Venugopal, J.1. The appellant/New India Assurance Company Limited/defendant has preferred this appeal as against the Judgment and decree dated 29.11.2001 made in O.S. No. 239 of 2000 by the learned Principal Subordinate Judge, Gobichettipalaym, directing the appellant to pay the capital insured sum of Rs. 5,00,000/- to the respondent/plaintiff and also directing the payment of court fee in a month, to be paid by the appellant.2. The short summation of facts of the case are as follows:The plaintiff's husband Karunanidhi insured with the defendant Company as per 'Janatha Personal Accident Insurance Policy' for Rs. 5,00,000/- and remitted a sum of Rs. 250/-towards premium on 25.6.1997. The appellant/Insurance Company/defendant issued the policy bearing No. 4772080203638 and the date of issue of the policy was 25.6.1997 and the same was to be in force till 24.6.1998. The deceased Karunanidhi nominated his wfie as nomiee to receive the capital sum insured in case of death. The respondent...
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