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Chennai Court December 2011 Judgments

Dec 22 2011

Miss.Kajal Aggarwal Vs. the Managing Director

Court: Chennai

Decided on: Dec-22-2011

Being aggrieved by refusal to grant interim injunction restraining the respondent from using the profile of appellant in the cinematograph film, audio, video cassettes and C.Ds in promoting the product of the respondent, the plaintiff has preferred this appeal. 2. Case of appellant/plaintiff is that she is an actress having good number of fans and the appellant agreed to endorse the products of the respondent/defendant. Case of appellant/plaintiff is that the respondent approached the appellant for promoting their products of hair oil and coconut oil through various mediums of advertisements like film, Television, magazines, hoarding, etc.. The parties have entered into an agreement dated 29.12.2008. As per the terms and conditions of the said agreement, the appellant agreed to be a model for promoting the objects of the respondent in mass media such as press, hoarding, package material etc. As per the terms, the said agreement is valid for a period of one year. Case of appellant is th...

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Dec 22 2011

S.Sundar and ors. Vs. the State of Tamil Nadu and ors.

Court: Chennai

Decided on: Dec-22-2011

The petitioner-S.Sundar, in W.P.No.7070 of 2006 (O.A.No.1351 of 2002), joined the services in the Tamil Nadu Forest Department on 18.11.1972. The petitioner-B.Vickraman, in W.P.No.5923 of 2006 (O.A.No.1350 of 2002), joined the services in the Tamil Nadu Forest Department on 01.08.1976. The petitioner-P.Denson, in W.P.No.5924 of 2006 (O.A.No.1359 of 2002), joined the services in the Tamil Nadu Forest Department on 15.07.1977. They were on daily wages in the Government Rubber Plantations, which was under the control of Tamil Nadu Forest Department. The Government Rubber Plantations became Arasu Rubber Corporation Limited (in short 'Corporation'), a company fully owned by the Government of Tamil Nadu, with effect from 01.10.1984. The petitioners are working in the said Corporation without interruption. In the said Corporation, apart from the petitioners, others, namely, Tappers, Field Workers, Factory Workers and Protection Workers, are also working on daily wage basis and nobody is regul...

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Dec 22 2011

V.Karpagam Vs. the District Elementary Educational Officer and ors.

Court: Chennai

Decided on: Dec-22-2011

This writ petition has been filed seeking for the issuance of a Writ of Certiorarified Mandamus calling for the impugned transfer order passed by the first respondent by his proceedings in Na.Ka.No.1960/Aa2/2011 dated 21.12.2011 and quash the same. 2. Heard Mr.A.Thirumurthy, the learned counsel appearing for the petitioner. Mrs.S.Bharathi, learned Government Advocate takes notice for the respondents. 3. By consent of both parties, this writ petition itself is taken up for final disposal. 4. The learned Counsel appearing for the petitioner would submit that on 17.09.2011, the petitioner was promoted from the post of Secondary Grade Headmistress to B.T.Assistant (English) and posted in P.Malayur, Natham Union, Dindigul District. Subsequently, on 14.12.2011, the petitioner made a request for transfer to be posted at Paralipudur. The first respondent on receipt of the said representation dated 14.12.2011 partly considered and posted the petitioner at P.Malaiyur, by proceedings dated 15.12....

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Dec 22 2011

U.Ramachandran and anr. Vs. the State of Tamil Nadu and ors.

Court: Chennai

Decided on: Dec-22-2011

The petitioners have filed this writ petition seeking to quash the proceedings dated 17.06.2010 of the second respondent relating to realignment of civil jurisdiction, by detaching Mandapam Firka of Ramanathapuram Taluk, under the jurisdiction of District Munsif Court, Ramanathapuram and attaching the same under the jurisdiction of District Munsif cum Judicial Magistrate Court, Rameswaram and the publication of the aforesaid proceedings in the Tamil Nadu Government Gazette dated 07.07.2010. 2.The first petitioner is the President of Mandapam Union President's Association, a registered body consisting of President, Secretary and other Office Bearers of the Panchayat Units in Mandapam Union. The second petitioner is the Ramanathapuram Bar Association and the Advocates practicing in various Courts within the District jurisdiction of Ramanathapuram are its Members. 3.The petitioners have made the following objections for realignment of jurisdiction: (a) Realignment is based on the revenue ...

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Dec 22 2011

The Commissioner of Income Tax-iii Vs. M/S.Park Trust

Court: Chennai

Decided on: Dec-22-2011

These Tax Case Appeals have been filed against the order dated 12.03.2010 passed by the Income Tax Appellate Tribunal, “D” Bench, Chennai in M.P.No.20/Mds/2010 in I.T.A.No.1343/Mds/2008 and C.O.No.158/Mds/2008 in I.T.A.No.1343/Mds/2008 respectively. 2. The assessee is a charitable trust created vide Registered Trust Deed dated 10.09.1991. The trust is engaged in the activity of running educational institutions and it has been granted registration under section 12AA of the Income Tax Act by the Commissioner of Income Tax. For the assessment year 2003-04, the assessee trust filed its return of income on 15.12.2003 admitting “NIL” income, after availing income exemptions under section 10(23C) of the Act. The case was taken up for scrutiny and a notice under section 143(2) of the Act was issued to the assessee. The assessee was represented by an authorised Chartered Accountant. During the course of assessment proceedings, the Assessing Officer found that the assesse...

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Dec 21 2011

A.Majeed Vs. the Member Secretary and anr.

Court: Chennai

Decided on: Dec-21-2011

The petitioner has filed the present Writ Petition challenging the order dated 03.01.2011, by which, his application for revision challenging the order of the appellate authority was rejected. The petitioner's request to cancel the demotion to a lower post by way of penalty was not acceded to. Hence, the petitioner has come up with the present Writ Petition for the reliefs stated earlier. 2. When the Writ Petition came up for admission on 07.03.2011, notice regarding admission was ordered. On notice from this Court, the respondents have filed a counter-affidavit dated 20.07.2011. 3. The case of the petitioner was that he was employed as a basic servant in the respondents-Tamil Nadu Pollution Control Board. He was appointed with effect from 18.04.1984 as an Office Assistant. Thereafter, his service was regularized by a subsequent order dated 10.01.1989. The date of regularization was with effect from the date of entry, viz., 18.04.1984. His probation was also commenced from 18.04.1988 a...

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Dec 21 2011

Major K. Mathews Vs. S.Manivannan and ors.

Court: Chennai

Decided on: Dec-21-2011

This revision arises against the order of the learned Chief Metropolitan Magistrate, Egmore, Chennai passed in Crl.M.P.No. 2297 of 2010 on 1.2.2011. The petitioner preferred a complaint against five persons alleging commission of offences under Sections 120-(B),166,167,182,192,196,201,203,211,217,220,323,500,506(i),506(ii) r/w.34 IPC. In the complaint the petitioner has informed of being 72 years old and very ill, belonging to the affluent section of society and of having carried out great deeds as the President of a Resident Welfare Association. It informs of his disciplined and transparent functioning having displeased the treasurer and fellow unscrupulous comrades who were highly jealous of him. It informs of his having expelled the erring persons, his re-election as the President in September 2000 and of the disgruntled group having entered into an agreement to commit various major offences against him in pursuance of criminal conspiracy. It informs of the rival faction having cond...

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Dec 21 2011

M/S.Kgs Mills Vs. the Government of Tamil Nadu and ors.

Court: Chennai

Decided on: Dec-21-2011

Heard Mr.N.L.Rajah, learned counsel for the petitioner; Mr.Dig Vijaya Pandian, learned Additional Government Pleader, appearing for first respondent, and Mr.G.Vasudevan, Standing Counsel for respondents 2 and 3. 2. In this Writ Petition, the petitioner has sought for issuance of a writ of certiorari to call for the records of the third respondent culminating in his proceedings bearing Lr.No.SE/CEDC/N/CBE/DFC/AO/REV/ AS/A5/F.E.Tax/D.864/11, dated 08.12.2011, issued for the petitioner's H.T.SC No.82 and quash the same as being violative of the Tamil Nadu Tax on Consumption or Sale of Electricity Act,2003, and also as unconstitutional. 3. According to the petitioner, it is a unit of The Kadri Mills (Cbe) Ltd., engaged in the manufacture of cotton yarn. The said unit has a High Tension Electricity Supply Connection bearing HTSC No.82 with a maximum demand of HT supply. Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), first respondent herein, is the subsidiary and succ...

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Dec 21 2011

Smt.Valli Vs. the Divisional Manager and anr.

Court: Chennai

Decided on: Dec-21-2011

The petitioner is a young widow. Her husband was a construction worker. 2. In exercise of powers conferred under Section 6 of the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 (Tamil Nadu Act 33 of 1982), the Government of Tamil Nadu constituted a Board namely “Tamil Nadu Construction Workers Welfare Board” on 30.11.1994 to execute the Scheme and to maintain and administer the Manual Workers General Welfare Fund of Tamil Nadu Construction Workers Welfare Board and to provide welfare measures for the construction workers engaged in the construction industry. The following welfare measures are provided in the scheme for the workers, who have registered in the second respondent Board and the husband of the petitioner registered his name with the second respondent Board. i) Creches ii) Personal Accident Relief iii) Provident Fund and Employee' Insurance Scheme. iv) Pension Scheme v) Assistance for the Funeral Expenses on the death of a Re...

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Dec 21 2011

Jegadeesh Vs. State and anr.

Court: Chennai

Decided on: Dec-21-2011

The petitioner is the father of one Chezhian, who is a life convict. By judgment, dated 28.02.2007, the learned Additional Sessions Judge (Fast Track Court No.II), Tirunelveli in S.C.No.237 of 2004 convicted him under Sections 148, 341 and 302 IPC (3 counts) and for the offence under Section 302 IPC, he has been sentenced to undergo imprisonment for life. The appeal preferred by him in C.A.No.156 of 2007 was dismissed by a Division Bench of this Court by judgment, dated 08.04.2008. Thus, the sentence imposed on him has become final. While so, the petitioner has come up with this petition seeking to quash the substantive sentence of imprisonment imposed on the convict Chezhian and to set him at liberty. 2. According to the petitioner, the life convict Chezhian is entitled for the benefits of Section 8 of the Tamil Nadu Borstal School Act and therefore, the substantive sentence of imprisonment imposed by the trial Court, which was confirmed by this Court, are not sustainable and therefor...

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