Chennai Court July 2009 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sellammal Spinning Mills Pvt. Ltd. Vs. Bannari and anr.
Court: Chennai
Decided on: Jul-07-2009
Reported in: (2009)IVLLJ800Mad
S. Palanivelu, J.1. The appeal is directed against the order passed in W.C. No. 68/2003 dated April 23, 2004 on the file of the Deputy Commissioner of Workmen Compensation Coimbatore.2. The following are the averments found in the claim petition:One Thulasimani is the daughter of the claimants. She was employed as a Worker under the opposite party for the past two years. On January 25, 2003, she went to the respondent Mills to attend night shift and met with an accident on January 27, 2003 early morning in the generator room in a suspicious manner. The accident arose in the course of and out of employment. She sustained multiple injuries all over the body. Subsequently, she was taken to the Coimbatore Medical College Hospital for taking treatment. However, she: died on January 27, 2003 at about 12.00 noon in the Coimbatore Medical College Hospital. The Annur Police registered a case under Section 287 read with 304A IPC in Crime No. 18/2003. The deceased was aged 19 years at the time of...
The Tamil Nadu Labour Welfare Board Rep. by Its Secretary Vs. Council ...
Court: Chennai
Decided on: Jul-06-2009
Reported in: (2010)ILLJ88Mad
S.J. Mukhopadhaya, J.1. The Tamil Nadu Labour Welfare Board (hereinafter referred to as 'Welfare Board') has preferred this writ appeal against the order of the learned Judge dated 3.12.1999 in W.P.No.13340 of 1988.2. By the said order, the learned Judge, presumed that the Council of Scientific and Industrial Research, New Delhi (in short 'CSIR') and its unit Central Leather Research Institute (for brevity 'Leather Research Institute') are Central Government Institutions and not covered by the Tamil Nadu Labour Welfare Act, 1972 (Act 36 of 1972), as amended by the Tamil Nadu Act 37 of 1982 with effect from 15.9.1982 and thereby, allowed the writ petition preferred by CSIR and Leather Research Institute in part and held that they are liable to pay their welfare fund contribution only for the period from 1973 to 15.9.1982.3. The main plea taken by the Welfare Board is that the respondent Leather Research Institute, Adyar, Madras, being a place deemed to be a factory under Sub-section 2 o...
Mannarsamy Naicker (Died) and Vs. Nagammal,
Court: Chennai
Decided on: Jul-06-2009
Reported in: (2009)6MLJ332
M.M. Sundresh, J.1. The plaintiff is the appellant herein, has preferred the present appeal against the judgment and decree made in O.S. No. 136 of 1986 dated 28.02.1989, on the file of the learned Subordinate Judge, Srivilliputhur, for recovery of money on a mortgage for a sum of Rs. 48,629/- and for a sum of Rs. 26,000/- along with at the rate of 6% p.a.2. The brief facts of the case in the nutshell is as follows:On 16.12.1971, a registered mortgage has been executed by the second defendant on behalf of the defendants in favour of the plaintiff. In the said document, it is mentioned that a sum of Rs. 10,000/- was received by the defendants, which is used for the re-purchase of the properties sold in favour of one Narayanasamy Naicker and the said sum has been paid by the plaintiff in the presence of the defendants to Narayanasamy Naicker. The document also says that another sum of Rs. 6,000/- has been received for family necessity and for small loans and a further sum of Rs. 10,000/-...
M. Sudakar Vs. the District Registrar (Societies) and ors.
Court: Chennai
Decided on: Jul-03-2009
Reported in: (2009)8MLJ1523
ORDERR.S. Ramanathan, J.1. The three writ petitions were filed by the same person seeking different reliefs against the District Registrar (Societies), Virudhunagar District, to take action in respect of various acts and omissions committed by the Arupukkottai Nadargal Uravinmurai Pothu Abiviruthi Trust, hereinafter called as Trust. As the facts involved in these writ petitions are one and the same, with the consent of both parties, all the writ petitions were taken up together and common order is passed.2. The petitioner in all the writ petitions was the President of the Trust elected for the period 2003-2006 and in the election held for the period 2006- 2009. The 2nd & 3rd respondents in W.P. (MD) No. 3414 of 2009, who are also the respondent Nos. 4 and 5 in W.P.(MD) No. 3657 of 2009 were elected as President and Secretary respectively. The respondents 5 and 6 in W.P. (MD) No. 3414 of 2009 are the patrons of the Trust and they are arrayed as respondents 6 and 7 in (MD) No. 3657 of 20...
S. Ganapathy and ors. Vs. V. Pandiramaiah and ors.
Court: Chennai
Decided on: Jul-03-2009
Reported in: (2009)6MLJ552
Prabha Sridevan, J.1. The appellants herein have been fighting a long battle at least from 1984, when they first came to this Court with a writ petition. The appellants and the contesting respondents are employees of the Tamil Nadu Civil Supplies Corporation ('Corporation' for short). The appellants were originally Assistant Quality Inspectors ('AQIs' for short). They were ousted from service, but re-employed in a lower grade as Junior Assistants, without following the last-come-first-go rule, while their juniors were retained as AQIs. AQIs belong to the Technical Wing of the Corporation, while Junior Assistants belong to the Administrative Wing. Therefore, they prayed for quashing the order rejecting their request to reckon their services as AQIs for future promotions and other benefits. 2. Their grievance was that when their juniors, who were continuing as AQIs, enjoyed career advancements, they were lagging behind. Writ Petition Nos. 2707, 2708 and 2904 of 1984 were filed by appella...
S. Ashok Kumar Vs. the Principal, Dr. Ambedkar Government Law College
Court: Chennai
Decided on: Jul-03-2009
Reported in: (2009)6MLJ538
M. Jaichandren, J.1. Heard the learned Counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respondent.2. By consent of both parties, the writ petition is taken up for final hearing and disposal. 3. Originally, this writ petition had been filed praying for a Writ of Mandamus to direct the respondent to allow the petitioner to pay the fee for the 6th Semester and to continue his education in the respondent College, namely, Dr. Ambedkar Government Law College, Chennai. Later, the prayer in the writ petition had been amended, as per the order of this Court, dated 27.4.2009, made in M.P. No. 2 of 2009. By way of the amended prayer, the petitioner had prayed that this Court may be pleased to issue a writ of Certiorarified Mandamus to call for the records relating to the order of the respondent, dated 13.11.2008, suspending the petitioner from the respondent College and to quash the same, in so far as it relates to the petitioner and to direct th...
indo Shell Cast Private Ltd. Vs. the Tamil Nadu Sales Tax Appellate Tr ...
Court: Chennai
Decided on: Jul-03-2009
Reported in: (2010)27VST157(Mad)
ORDERK. Raviraja Pandian, J.1. These writ petitions are filed questioning the correctness of the order of the Tamil Nadu Sales Tax Appellate Tribunal, Additional Bench, Coimbatore made in five State Appeal Nos. 22 to 24, 65 and 75 of 2003 filed against the order of the Additional Appellate Assistant Commissioner, Coimbatore in Appeal Nos. 1217/00 (96-97), 1016/01 (97-98), 1017/01 (98-99) dated 05.09.2002, 1209/00(94-95) and 1208/00 (95-96) dated 31.12.2001.2. The brief facts of the case are as follows:(i) The respondent is a dealer and manufacture of Cast Iron rough castings. He is an assessee on the file of the Commercial Tax Officer, Podanur Circle. The assessee paid tax at the rate of 4% on their sale of certain specified goods under Entry 4(i) of the II Schedule of the TNGST Act claiming it to be declared goods. An inspection was carried out in the place of business of the assessee by the department, which revealed that the commodity sold by the assessee to certain specified custom...
A. Raja Mohammad and United India Insurance Co. Ltd. Vs. Minnalkodi an ...
Court: Chennai
Decided on: Jul-03-2009
Reported in: (2009)6MLJ449
P.R. Shivakumar, J.1. These two civil miscellaneous appeals arise out of the judgment and award of the Motor Accidents Claims Tribunal (Principal District Judge), Perambalur dated 21.08.2001 made in M.C.O.P. No. 316/1999. The first respondent (owner of the vehicle) in the above said MCOP has filed C.M.A. No. 73 of 2002. The second respondent (Insurer) in the MCOP has preferred C.M.A. No. 948/2002. The claimants before the Tribunal have been arrayed as respondents 1 to 4 in both the appeals. The appellant in C.M.A. No. 73/2002 figures as the respondent No. 5 in C.M.A. No. 948/2002, whereas the appellant in C.M.A. No. 948/2002 figures as the respondent No. 5 in C.M.A. No. 73/2002.2. Mr. Rajendran, the husband of the first respondent and also the father of minor respondents 2 to 4 in both the appeals died in an accident that occurred at about 1.30 a.m on 13.02.1992 while he was travelling in a tractor bearing Regn.No.TN-45 7871 belonging to the appellant in C.M.A. No. 73/2002/first respon...
N. Natesa Iyer Vs. the Commissioner H.R. and C.E. (Admn.) Dept. and
Court: Chennai
Decided on: Jul-03-2009
Reported in: (2009)6MLJ132
P.R. Shivakumar, J.1. These two appeals have been preferred against the common judgment and decrees of the Trial court dated 24.12.1996 made in O.S. No. 252/1991 and O.S. No. 251/1991.2. The circumstances under which these appeal happened to be preferred, can be briefly stated as follows:i) The appellant in both the appeals filed an application before the Deputy Commissioner (HR & CE), Tiruchirapalli for a declaration under Section 63(b) of the Hindu Religious and Charitable Endowments Act, 1959 that he was holding office as a hereditary trustee of Sri Vinayagar temple, Sri Pidari temple, Sri Ayyanar temple and Sri Mariamman temple at Ko-Poovanur village in Vriddhachalam Taluk, Cuddalore district. The said claim was made on the basis of his contention that the temples were founded by his forefather Chinnasamy Iyer and the management of the temple continued to vest with the members of the appellant's family hereditarily from generation to generation; that the name of the appellant's gra...
The State of Tamilnadu Rep. by the Deputy Commissioner of Commercial T ...
Court: Chennai
Decided on: Jul-02-2009
Reported in: (2010)27VST185(Mad)
ORDERF.M. Ibrahim Kalifulla, J.1. The Revenue has come forward with this revision challenging the order of the Sales Tax Appellate Tribunal, dated 31.01.2001 in a batch of appeals. The question of law raised in this revision is as to whether in the facts and circumstances of the case, the Tribunal has erred in law by not treating pulpwood as timber falling under the Sixth schedule to the Tamil Nadu General Sales Tax Act, 1959.2. The dispute involved in this revision relates to the sale of pulpwood by the assessee at concessional rate against Form XVII declaration, which would be available to the assessee only in respect of goods including consumables, packing materials and labels excluding plant and machinery, which are found in the First schedule. The Appellate Assistant Commissioner however held that nowhere in Section 3(3) of the Act, it is stated that the selling dealers' right to the benefit of Form XVII can be restricted to the goods mentioned in the First Schedule. According to ...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- Next ›
- Last »