Chennai Court July 2010 Judgments
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R. Chandrasekaran .... Vs. C.Umamaheswari ....
Court: Chennai
Decided on: Jul-06-2010
1. This Civil Miscellaneous Appeal is against the order passed by the learned Principal District Court, Erode in GWOP No. 53 of 2005 as regards the appointment of guardian of two minor children.2. The appellant herein is the father of the minor children, Sanjuktha and Vigneswaran. Admittedly, the relationship between the appellant herein and the respondent is a strained one. The respondent has filed HMOP No.20 of 2002 for judicial separation on the file of the Principal Subordinate Judge, Erode. The respondent has filed a petition under Section 7(a), 8 and 10 of the Guardian and Wards Act to appoint her as the guardian of the minor children. The learned Sub Judge passed an order on the application allowing the mother to be appointed as the guardian of the two minor children. Aggrieved by the same, the father has come on appeal before this Court, contending that contrary to the desires of the children and much against their interest and without any due regard to the wishes of the minor ...
R.Mekala Praksh .. Vs. the State Level Caste Scrutiny Committee, and o ...
Court: Chennai
Decided on: Jul-06-2010
1. This Writ Petition raises a question which frequently comes before this Court for consideration. The Hon'ble Apex Court in the Judgment in KUMARI MADHURI PATIL AND ANOTHER v. COMMISSIONER, TRIBAL DEVELOPMENT reported in AIR 1995 SC 94, has directed all the States to constitute a Committee consisting of three members to go into the genuiness of the Community Certificates relating to Scheduled Caste and Schedule Tribe.2. Even before such Committees were constituted with the composition of three members, the Government of Tamil Nadu directed the constitution of the Committees at the District Level consisting of two members. Those committees at the District Level considered the genuiness of the Community Certificates and pass orders either affirming or cancelling those certificates. Whenever the orders passed by the District Level Committee consisting of two members are questioned before this Court, those orders were quashed on the ground that they were passed by the Committees with the...
S.Senthilkumaran ... Vs. the Director and Additional Secretary to Gove ...
Court: Chennai
Decided on: Jul-06-2010
1. On abolition of the Tribunal, the Original Application in O.A.No.2793 of 2000 filed before the Tamil Nadu Administrative Tribunal stood transferred to this Court and re-numbered as W.P.No.1030 of 2007. 2.The petitioner has come to this Court challenging the order of appointment issued by the third respondent and for direction to the first respondent to appoint the petitioner as Assistant Photographer in accordance with law on the basis of the recommendation of the second respondent with consequential monetary and service benefits. 3.The petitioner, after completing the Course for Video Cameramanship, obtained a Certificate on 01.12.1992. He was issued a Certificate by Eknaath Video Institute, which is also recognised by the Government of Tamil Nadu. In addition to the above said Certificate, the petitioner has also got experience in Still Photography, Flash Photography, Development and enlarging for about six years. Therefore, he is fully qualified to the post of Assistant Photograp...
Cce, Ltu, Chennai Vs. M/S. Eid Parry (India) Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Jul-06-2010
The issue in dispute in the present appeal is as to whether the activity of the assessees of the storage of buffer stock of sugar as per the Government s direction and releasing of the same as and when fresh stock to be kept as buffer stock arises and for which the Government pays some amount to the assessees amounts to provision of storage and warehousing service by the assessee. 2. On hearing both sides I find that the issue stands settled by the decision of the Tribunal in Nawanshahr Cooperative Sugar Mills Vs. CCE, Jallandhar/Chandgarh 2008 (12) STR 176. Following the ratio of the above order which is applicable on all fours to the facts of the present case, I uphold the impugned order and reject the appeal....
M/S. Sathya Engineering and Another Vs. Cce, Trichy
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Jul-06-2010
The issue common in both these appeals is penal action taken against the assessees under the provisions of Sections 77 and 78 of the Finance Act, 1994. 2. I have heard both sides. The services provided by the assessees are manpower recruitment supply. Their contention is that being individuals, and they were not aware of their liability to pay service tax is plausible. The Department has not discharged the burden of establishing the knowledge on their part of liability to pay tax during the period in dispute, so as to hold them guilty of suppression. I, therefore, set aside the penalty on both the assessees under Section 78 of the Finance Act by extending the protection under Section 80 ibid. However, I see no reason to interfere with the imposition of penalty under Section 77 and accordingly uphold the same. 3. The appeals are thus partly allowed as above....
Cce, Chennai Vs. M/S. Honeywell Electrical Devices and Systems India L ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Jul-06-2010
The Revenue is in appeal against the order of the Commissioner (Appeals) who has set aside the duty demand of Rs.81,058/- on finished goods found short together with interest, setting aside of direction for reversal of CENVAT credit irregularly availed on the raw materials and components found short, setting aside reversal of CENVAT credit irregularly availed on raw materials contained in the intermediate goods found short, together with interest and setting aside of penalty imposed on the assessee herein. 2. I have heard both sides. The case has been made out on the strength of the statement in the Annual Report for the year 2005 - 2006 of the assessee-company who is a manufacturer of switches, sockets and parts of switches, that there is a discrepancy between physical stock and goods stock and the discrepancy is considered to be material and accordingly an amount of Rs.29,10,650/- (net debit) has been properly adjusted in the books of account. 3. The plea of the assessees that the s...
M/S. Hinduja Foundries Ltd. Vs. Cce, Chennai
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Jul-06-2010
The issue in the present appeal is whether interest is payable due to delayed payment of duty on the strength of supplementary invoices. 2. On hearing both sides, I find that the issue stands settled by the apex Court in Commissioner of Central Excise, Pune Vs. SKF India Ltd. 2009 (239) ELT 385 (SC). The learned counsel for the assessee seeks to rely upon the Hon’ble Karnataka High Court’s decision in CCE, Bangalore Vs. Bharat Heavy Electricials Ltd. 2010-TIOL-437-HC-KAR which has distinguished the SKF case cited supra. However, in view of the fact that the apex Court has held that interest is payable on all delayed payments of duty due to issue of supplementary invoices, I uphold the impugned order holding that interest is payable by the assessee and reject the appeal....
M/S. Sew Infrastructure Limited, Vs. the Chairman, Tamil Nadu Electric ...
Court: Chennai
Decided on: Jul-05-2010
1. The petitioner is a company incorporated under the Provisions of the Indian Companies Act. The petitioner company is engaged in the business of construction of bridges and road laying for National Highways. The company was allotted the work of developing NH45, Trichy-Dindigul Road Project by the National Highways Authority of India. The petitioner was granted high tension service connection for the said project on 29.01.2009.2. Pursuant to the power cut, that is in existence, energy quota was fixed by an order dated 11.03.2009.3. The petitioner made a representation dated 27.03.2009 to the first respondent requesting him to grant exemption from restricted usage of power and to operate at full load sanction till the completion of the work. The petitioner in the letter dated 27.03.2009 requested the respondents to exempt the plants from quota, as they are executing Infrastructure development work for National Highway Authority of India on NH 45 from Trichy to Dindigul Road Project and...
S.Vedarasu ... Vs. the Secretary to Government, and anr.
Court: Chennai
Decided on: Jul-05-2010
1. The petitioner was working as a Sub-Registrar at Perambalur from 1996 to 2001. While so, one Mr.Jayaraman of Chiruvachur Village went to the office of the Vigilance and Anti Corruption, Trichy on 03.12.2001 at 11.30 am and lodged a complaint that he owns lands at Chiruvachur village and that he wanted to make those lands as Plots so as to sell them. For the said purpose, he wanted to grant power to one Mr.Nataraj, son of Perumal. He went to the Sub-Registrar's Office at Permabalur and enquired the Sub-Registrar about the registration of a deed granting power. The Sub-Registrar demanded him to pay Rs.300/- besides the legal charges.2. In these circumstances, Mr.Jayaraman went to the office of the Vigilance and Anti Corruption, Trichy and lodged a complaint and the same was registered as FIR in Crime No.12/2001 under Section 7 of PC Act, 1988. Thereafter, Thiru. Govindasamy, Inspector of Police, who registered the complaint, proceeded to investigate the matter. When Thiru. Govindasamy...
A.E.Chelliah Educational Trust, Vs. the State of Tamil Nadu, and ors.
Court: Chennai
Decided on: Jul-05-2010
1. The prayer in the Writ Petition is for issuance of a Writ of Mandamus, to direct the first respondent-State of Tamil Nadu, represented by its Secretary to Government, Law Department, Fort St.George, Chennai, to issue "No Objection Certificate" (for short, 'the NOC') to the petitioner-Trust for starting a Law College as "Ideal Law College" in Thiruvallur, Thiruvallur District and further to direct the second respondent-Dr.Ambedkar Law University, represented by its Registrar, to grant affiliation to the said Ideal Law College, for enabling the third respondent-Bar Council of India, to permit the petitioner-Trust to run the said Law College from this academic year itself, 2010-2011.2. The averments in the affidavit filed in support of the Writ Petition are as follows:(a) The petitioner, a Senior Advocate, claims to be the author of several legal books, and has interest of the Bench and the Bar and the litigant public. He has undertaken several sensational issues concerning the law. Wi...
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