Chennai Court December 2011 Judgments
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M.K.Velusamy Vs. the Registrar of Cooperative Societies and ors.
Court: Chennai
Decided on: Dec-13-2011
In April 1987, the petitioner was selected in TNPSC and appointed as Junior Inspector. On 30.9.1992, he was promoted as Senior Inspector. He served in Cooperative Department, the parent department, as Senior Inspector upto 30.8.1995. 2. Thereafter, on 31.8.1995, he was sent on deputation from the Cooperative department to the Office of the Regional Director of Audit for Milk Cooperative. 3. While he was serving in foreign service, he gave a letter dated 13.9.1999 expressing his unwillingness for his continuance in foreign service and he sought to come back to parent department. The petitioner again gave similar representation on 8.8.2000 regarding his unwillingness to continue in the deputed post. 4. While so, in the panel dated 1.5.2000 of the Senior Inspectors fit for promotion to the post of Cooperative Sub-Registrar the petitioner's name was included. Based on the panel, the petitioner was promoted by an order dated 20.6.2001 as Cooperative Sub-Registrar and he was posted in Erode ...
Tvs Berg Limited Vs. Commissioner of Income Tax
Court: Chennai
Decided on: Dec-13-2011
The above Tax Case Appeals have been filed under Section 260A of the Income Tax Act, 1961 by the assessee in respect of the assessment years 1993-94 and 1994-95 respectively, challenging the impugned orders of the Income Tax Appellate Tribunal, Chennai Bench C, by which the Tribunal has dismissed the appeals filed by the assessee against the common order of the Commissioner of Income Tax (Appeals-I), holding that the assessee is merely a contractor and the payments/receipts in pursuance of the services done by it are the payments not in the nature as prescribed in Section 80-O of the Income Tax Act, thereby rejecting the claim of the assessee under Section 80-O in respect of the said assessment years, upholding the decision of the authorities below. 2. The above said appeals were admitted on the following substantial questions of law: 1. Whether the Honble Tribunal was right in law and on facts in holding that the appellant was not entitled to the deduction under Section 80-O of the In...
G.SelvIn Stephen Vs. Deputy Inspector General of Police
Court: Chennai
Decided on: Dec-13-2011
The Original Application in O.A.No.3451 of 2003 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as the “Tribunal”) is the present Writ Petition. 2. On 05.03.1979 the petitioner was appointed as Grade II Police Constable. From 05.09.1983, he was transferred to Police Telecommunication Branch. On 17.01.1990 he was promoted as Grade I Police Constable. On 15.07.1996 he was further promoted as Head Constable. 3. While so, on 28.09.2001 a case was registered in Crime No.453/2001 against the petitioner under Section 420 of IPC on the file of Ukkadam Police Station, Coimbatore. The compliant was against the petitioner and six others. The Complainant was one Thiru.Venugopal, who is a Goldsmith. The complaint was that the petitioner cheated along with others to the tune of Rs.1,80,000/-. Based on the said complaint, the petitioner was arrested on 01.10.2010 and later, he came out on bail. 4. While so, the respondent issued a charge memo dated 24.10.2001 under ...
Kasthoori Boi Vs. the Secretary to Government and ors.
Court: Chennai
Decided on: Dec-13-2011
This Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 17.9.2011, made in No.19/BDFGISSV/2011, and quash the same, and to produce the detenu, namely, Alaguraja, s/o. Singathevan, aged about 33 years, confined in the Central Prison, Madurai, before this Court and to set him at liberty. 2. The petitioner has stated that the second respondent had passed the impugned detention order, dated 17.09.2011 under sub-section (1) of the Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug- Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act,1982 (Tamil Nadu Act 14 of 1982), read with the order issued by the State Government, in G.O.(D)No.119, Home, Prohibition and Excise (XVI) Department, dated 18.7.2011, under sub-section (2) of Section 3 of the said Act, directing the detention of Alaguraja, in the Central Prison, Madurai, terming him a...
Saraswathy Vs. Babu
Court: Chennai
Decided on: Dec-13-2011
This revision arises against the judgment of the learned V Additional Sessions Judge, Chennai passed in C.A.No.339/2008 on 21.10.2010. The revision petitioner moved a petition in Crl.M.P.No.2421/2008 before the XIII Metropolitan Magistrate seeking reliefs under Section 19,20 and 22 of The Protection of Women from Domestic Violence Act, 2005 (herein after referred to as the Act). The petitioner informed that she and the respondent were married on 17.02.2000, that after four months her husband made dowry demands and sent her out of the house. The respondent attempted a second marriage. The petitioner moved a petition before the Hon'ble Principal Subordinate Judge seeking restitution of conjugal rights. Such petition was allowed and thereafter, she went to her husband's house where her mother-in-law informed of intent of carrying out a second marriage of the respondent and that she could not come to the house. The petitioner preferred a complaint and on his appearance for enquiry the resp...
M/S.Modern Digitech Media Limited Vs. K.P.Ravichandran
Court: Chennai
Decided on: Dec-13-2011
This appeal arises out of the order in O.A.No.973 of 2009 in C.S.No.830 of 2009 granting interim injunction restraining the Appellant-1st Defendant from in any manner infringing Video Compact Disc (VCD); Digital Versatile Disc (DVD) and Laser Disc (LD) rights in respect of items 26 and 27 [Ingeyum oru Gangai; Mudal Vasantham] and items 42 to 45 [Nenjil Oru Aalayam; Kadhalikka Neramillai; Venniraadai; Thaen Nilavu] of plaint schedule films. 2. Case of Respondent-Plaintiff is that he is in the business of acquiring various copyrights in Tamil cinematograph films and in the course of business, Respondent had acquired VCD, DVD and LD and other copyrights in 49 Tamil cinematograph films which are described in the plaint schedule by way of assignment from the Producers of the films/Defendants 2 to 9. Appellant-1st Defendant has recently started acquiring copyrights in cinematograph films including Tamil cinematorgraph films and releasing VCD's, DVD's and LD's on various cinematograph films. ...
C.Shankar Vs. the Principal Secretary to Government and ors.
Court: Chennai
Decided on: Dec-13-2011
Heard Mr.N.Nithyanandam, learned counsel appearing for the petitioner and Mr.M.Dig Vijaya Pandian, learned Addl.G.P., who took notice for the respondents 1 to 3. 2. The Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the first respondent to dispose of the revision petition dated 7.12.2011 filed by the petitioner, within a time frame as may be fixed by this Court and to consequently direct the third respondent to grant “E permit” in the name of the petitioner for the cinema theatre, namely Karpagam Theatre in Manaparai, pending disposal of the said revision petition on the file of the first respondent. 3. The shorn of facts leading to the filing of the Writ Petition, are as follows: (a) The petitioner is running a Cinema Theatre under the name and style of “Karpagam Theatre” in Manaparai, Trichy District and obtained “C” form licence for running the said theatre in his name f...
Sivamani Vs. the Secretary to Government and ors.
Court: Chennai
Decided on: Dec-13-2011
This Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 17.9.2011, made in No.20/BDFGISSV/2011, and quash the same, and to produce the detenu, namely, Seit Siva @ Sivanandam, aged about 29 years, confined in the Central Prison, Madurai, before this Court and to set him at liberty. 2. The petitioner has stated that the second respondent had passed the impugned detention order, dated 17.09.2011, under sub-section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug- Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act,1982 (Tamil Nadu Act 14 of 1982), read with the order issued by the State Government, in G.O.(D)No.119, Home, Prohibition and Excise (XVI) Department, dated 18.7.2011, under sub-section (2) of Section 3 of the said Act, directing the detention of Seit Siva @ Sivanandam, in the Central Prison, Madurai, terming ...
The General Manager Vs. the Presiding Officer and anr.
Court: Chennai
Decided on: Dec-13-2011
W.P.(MD).No.148 of 2006 is filed by the management of the State owned Transport Corporation having its headquarters at Nagercoil. W.P.(MD).No.429 of 2007 is filed by the workman. In both the writ petitions challenge is made to a portion of the award made in I.D.No.177 of 1995 dated 30.08.2004 passed by the Labour Court, Thirunelveli. 2. By the impugned award, the Labour Court directed reinstatement of the workman with 25% backwages, but with service continuity. For the sake of convenience, parties are referred as workman and the management as the case may be. 3. While the management was aggrieved a portion of the award relating to reinstatement with 25% backwages, the workman was aggrieved about the denial of backwages to the extent of 75%. The writ petition filed by the management was admitted on 05.01.2006. In the application in W.P.M.P.No.147 of 2006, this Court granted an interim stay and directed the management to deposit the entire amount ordered as per the award to the credit of...
The Commissioner of Income Tax Vs. J.Chelladurai
Court: Chennai
Decided on: Dec-13-2011
The revenue has filed the above appeals against the orders of the Income Tax Appellate Tribunal, 'A' Bench, Chennai, dated 23.10.2001 in ITA Nos.1491 & 1532/Mds/2000 for the assessment year 1995-1996. 2. The above appeals were admitted on 09.08.2005 on the following substantial questions of law: “1.Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in directing the assessing officer to compute the cost of the land at Kurinchi as on 01.04.1981 should be Rs.500/- per cent, even though the assessing officer fixed the value of the land based on the material available as on records and further departmental enquiries made by him and fixed the cost of the land at Rs.100 per cent for computing the capital gains? 2. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding and directing the assessing officer to delete Rs.5,51,000/- which was included as income of the asse...
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