Chennai Court July 2010 Judgments
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Commissioner of Customs, Chennai Vs. M/S. Taylor Rubber (P) Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Jul-20-2010
Heard both sides. Considering the small amount involved the Department's appeal is dismissed....
Commissioner of Customs, Chennai Vs. M/S. Lmt Fette (India) Pvt. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Jul-20-2010
No one is present on behalf of the respondents. Heard the learned SDR Shri A. Niranjan Babu for the Department. I find that the Department had filed a proper appeal before the lower appellate authority with necessary authorization. But the lower appellate authority has rejected the appeal on frivolous ground, as he has done in several other cases, without going into the merits of the case. As such, his order cannot be sustained. The same is set aside and the matter is remanded to the lower appellate authority for deciding the Department’s appeal on merit after granting a reasonable opportunity of hearing to both sides. The Department’s appeal is allowed by way of remand....
A.Ravi. Vs. the Chairman, Pondicherry Housing Board, and ors.
Court: Chennai
Decided on: Jul-19-2010
1. The prayer in the writ petition is for issuance of writ of Certiorari to quash the award passed by the Labour Court, Pondicherry, dated 24.06.2002 in I.D.No.18 of 2000.2. The petitioner raised an Industrial Dispute before the Labour Court, Pondicherry, contending that he was appointed by the second respondent as Gumastha (Clerical Work) on 31.03.1988, as a daily rated employee and he had put in more than 3= years of continuous service and his services was terminated on 19.07.1991, without any notice or enquiry. Therefore, on 16.11.1994, the petitioner raised conciliation proceedings before the Labour Officer and the second respondent also filed reply statement. The Labour Officer filed a failure report on 19.12.1996 and thereafter, further conciliation proceedings were done and since, the petitioner was not reinstated, he raised the present Industrial Dispute. It is contended that the respondent Board has not maintained seniority in matter of engagement, re-engagement of daily rated...
Nakkheeran Publications, and anr. Vs. Dhyanapeeta Charitable Trust.
Court: Chennai
Decided on: Jul-19-2010
1. These two appeals are filed against the order passed by the learned Single Judge dismissing the application for rejecting the plaint and giving certain directions in the prayer for injunction.2. The appellants are the defendants. The suit was filed by the respondent against the appellants for an injunction restraining the appellant and any one acting on their behalf from publishing any material, articles, photographs, in their magazines, websites whatsoever either by direct or indirect reference against the plaintiff or any of their trustees and devotees, personally or individually or in the capacity of a trustee or such trustees. In paragraph 15 in the plaint, there is reference to certain reports allegedly containing defamatory materials both verbal and visual. In paragraph 17, it is stated that the articles and photographs violate the respondent's privacy and personal liberty of the trustee and devotee of the trust. In paragraph 22 it is stated that the publications directly affe...
M/S.Unitech Enterprises. Vs. the Commissioner of Customs (Seaport-impo ...
Court: Chennai
Decided on: Jul-19-2010
1. By consent, the Writ Petition itself is taken up for final disposal.2. The prayer in the Writ Petition is for the issuance of Writ of Certiorari to quash the order passed by the second respondent dated 07.05.2010, passed in Miscellaneous Order No. 252 of 2010. The petitioner filed Bill Entry No.285843, dated 13.08.2009 for clearance of Old & Used Analogue Photocopies and Old/used Digital Multifunction Machines at a declared value of USD 59870(C&F;). The petitioner is said to have submitted a letter dated 21.08.2009 to the first respondent furnishing all the technical features and other details regarding the consignment. The petitioner subsequently made a request stating that the case may be adjudicated without issue of show cause notice and personal hearings. The first respondent adjudicated the matter and by Order-in-Original dated 26.08.2009, rejected the value declared by the petitioner and re-determined the value of the cargo and ordered for confiscation of the goods under Secti...
P.Madhar Sahib ... Vs. the State of Tamilnadu, and ors.
Court: Chennai
Decided on: Jul-19-2010
1. The petitioner who has been driven pillar to post to retain his property and compelled to file the writ petition challenging the order dated 19.4.2007 by which the assignment granted in favour of the petitioner was cancelled.2. The case of the petitioner is that he was assigned the lands measuring about 24881 sq.ft. Comprised in T.S.No.1747 and 1472/3 and 1748/4, Thirupapuliyur, Cuddalore District by the third respondent in his proceedings dated 23.1.1973. The conditions of the assignment order were that the lands should be brought for cultivation within three years of the assignment there should not be any alienation within 10 years.3. After 16 years, the second respondent cancelled the assignment by an order dated 25.5.1989, which was challenged in W.P.No.12999 of 1989. The said writ petition was allowed remanding the matter to the first respondent to pass fresh order after affording opportunity to the petitioner. By an order dated 2.12.1999 the first respondent again cancelled th...
The Member Secretary All India Council for Technical Education, And An ...
Court: Chennai
Decided on: Jul-19-2010
1. Both the writ appeals arise out of the common order dated 16.04.2010 passed by the learned single Judge in W.P. Nos. 5973 and 7065 of 2010. Both the writ petitions were allowed by the learned single Judge which resulted in filing of the present writ appeals by All India Council for Technical Education (in short AICTE).2. St. John's College of Engineering and Technology for Women, respondent in W.A. No. 1105 of 2010, has filed the writ petition in WP No. 5973 of 2010 praying for a Mandamus directing the respondents therein to pass appropriate orders on the representation dated 30.01.2010 seeking permission to convert the women's college into one of Co-education college from the academic year 2010-2011. 3. Paramasivam Palanisamy Charitable Trust, respondent in W.A. No. 1106 of 2010, has filed WP No. 7065 of 2010 praying for a Writ of Declaration to declare that the decision of the first respondent council taken in its 61st and 62nd meeting of the Executive Committee to the effect that...
M/S Santhosh Traders. Vs. M/S M.R.L.Agencies.
Court: Chennai
Decided on: Jul-19-2010
1. Inveighing the order dated 07.07.2009, passed in I.A.No.20815 of 2008 in O.S.No.4531 of 2007 by the learnd IV Asst. Judge, City Civil Court, Chennai, this civil revision petition is focussed.2. Heard both sides.3. A summation and summarisation of the relevant facts absolutely necessary and germane for the disposal of this revision would run thus: The respondent filed the suit for recovery of money invoking Order 37 of CPC. It so happened that the defendant did not appear. Where upon, ex parte decree was passed. Subsequently, I.A.No.20815 of 2008 was filed under Section 5 of the Limitation Act to get the delay of 393 days condoned in filing the application under Order 9 Rule 13 of CPC to get the ex parte decree set aside. Whereupon, the lower Court dismissed the said application, as against which this revision is focussed on various grounds. 4. The learned counsel for the petitioner reiterating the grounds of revision would develop his argument to the effect that the defendant was se...
P.Sellappan ... Vs. the Deputy Registrar of Co-operative Societies, an ...
Court: Chennai
Decided on: Jul-19-2010
1. Both the writ petitions have been filed by the petitioner herein invoking Article 226 of the Constitution of India.2. W.P.No.22979 of 2006 has been filed seeking an order in the nature of writ of mandamus forbearing the respondents from in any manner proceeding with the surcharge, disciplinary and criminal actions against the petitioner on the basis of the enquiry reports submitted in three parts under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983, without furnishing the same to the petitioner.3. In W.P.No.42404 of 2006, the petitioner herein has prayed this Court to issue an order in the nature of writ of certiorarified mandamus calling for the records relating to the impugned orders of suspension of service of the petitioner passed by the second respondent in his proceedings Na.Ka.No.130/2006/A1, dated 13.09.2006 and quash the same and consequently, direct the respondents to reinstate the petitioner with back wages and other benefits for the period under suspension...
Commissioner of Customs (Air), Chennai Vs. Areva T and D India Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Jul-19-2010
Heard both sides. Both sides agree that the lower appellate authority should have given a hearing to both sides and should have decided the appeal on merit in stead of rejecting the appeal at the threshold without going into the merits of the case. I fairly agree that the rejection of the appeal was not warranted in this case as proper appeal was filed by the department before the lower appellate authority which requires a decision on merit. I also find that the respondents have not been heard in the matter and the learned advocate Shri Joseph Prabhakar appearing for the respondents states that the notice of hearing was not received by the respondents. 2. Considering the above, the impugned order is set aside and the matter is remanded to the lower appellate authority for decision on merit after giving an adequate opportunity of hearing to both sides. The appeal is allowed by way of remand....
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