Chennai Court March 2011 Judgments
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M.A. Shivakumaran and ors. Vs. Sundaram Finance Ltd.
Court: Chennai
Decided on: Mar-04-2011
ORDER1. By consent of both sides, the matter has been taken up for final hearing.2. The petitioners, who are the accused in a private complaint initiated by the respondent before the learned Chief Metropolitan Magistrate, Egmore, Chennai, have filed the present petition seeking a direction to call for the records in C.C.No.4311 of 2009 pending on the file of the above and quash the same.3. The respondent is a Finance Company, having its registered Office at Chennai. The business of the complainant Company is extending hire purchase, loan and leasing facility on vehicles, machinery, equipment to individuals and Corporate companies. Sri Rajeswari Mills Limited at Gudiyatham Taluk is a Company incorporated under Companies Act and the petitioners 1 to 3 are the Directors of the Company and the 4th petitioner is the Chartered Accountant. The said Company is having two units, one at Gudiyatham and another at Karaikal.4. The sum and substance of the complaint is that the petitioners offered t...
Smt. Vijayashanthi Vs. the Assistant Commissioner
Court: Chennai
Decided on: Mar-04-2011
O R D E RThe above criminal original petition has been filed by the petitioner/accused to call for the records to dispense with her personal appearance in the E.O.C.C.117 of 2007, on the file of the Ist Additional Chief Metropolitan Magistrate Economic offences, Egmore, Chennai - 8. 2.The summarised facts of the prosecution case are as follows:The prosecution case filed by the Complainant/Assistant Commissioner of Income Tax, media Circle II, Chennai 34, which are as follows:(ii)The complainant has filed on the sanction of the Commisioner of Income-tax, Chennai-IV within the meaning of Sec.279(1) of the Income-tax Act, 1961 dated 28.02.2007. The said sanction order under Section 279(1) is submitted along with this complaint before this Hon'ble Court. (iii)The Complaint is in respect of the Assessment year 1992-1993, the relevant accounting year being the year ended 31.03.1992.(iv)The accused is presently assessed by Income-tax in Media Circle II in the Jurisdiction of the complainant.(...
N.Meenakshisundaram Vs. the Sub Collector
Court: Chennai
Decided on: Mar-04-2011
O R D E R1. Heard the learned counsel appearing on behalf of the petitioner and Mr.R.Thirugnanam, the learned Special Government Pleader appearing on behalf of the respondents.2. This Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the respondent to release the lorry, bearing Registration No.TN-22-9333 ,seized by the respondent, on 11.02.2011, to the petitioner.3. In view of the averments made by the petitioner and taking into consideration the relief prayed for by the petitioner and since, similar orders have been passed by this Court, the respondent is directed to release the vehicle Lorry, bearing Registration No.TN-22-9333 , to the petitioner, forthwith, on his fulfilling the following conditions:- (i) The petitioner shall establish the ownership of the vehicle, by producing the necessary documents and the certificates, before the respondent, including the R.C. Book. (ii) The petitioner shall not alienate the vehicle, in any manner, till the adjudicati...
The Branch Manager Vs. K. Kumar
Court: Chennai
Decided on: Mar-04-2011
J U D G M E N T1. The above appeal has been filed by the appellant / Insurance Company, against the award and decree dated 28.03.2003 made in M.C.O.P.No.9 of 1999 on the file of the Motor Accidents Claims Tribunal, Cheyyar, Sub Court Cheyyar, Tiruvannamalai District.2.The short facts of the case are as follows:On 22.11.1991, at about 05.30 p.m., the claimant after ploughing his land and while he was returning in the tractor, bearing Registration No.TN-25-2891, which was driven by its driver in a rash and negligent manner, the tractor capsized. In the result, the claimant had sustained grievous injuries. Hence the compensation petition was filed against the respondent for a sum of Rs.1 Lakh with interest. The second respondent had filed a counter statement and resisted the Claim Petition. The respondent stated that the claimant had fallen down from the vehicle and due to this, he had sustained injuries. The claimant had also received compensation of a sum of Rs.1,700/- from the second r...
Anusuya Devi Vs. K.Panchanathan and anr.
Court: Chennai
Decided on: Mar-04-2011
1. This Appeal Suit (First Appeal) arises out of the judgment and decree passed in O.S.No.23 of 2002 dated 29.06.2007 on the file of the Additional District Court (Fast Track Court No.5) Coimbatore Camp, Tiruppur.2.The averments made in the plaint are as follows:(i) The suit property is absolute property of the defendant. On 13.10.1997, the defendant had entered into an agreement of sale with the plaintiffs for the sale of the suit property and the sale price was fixed at Rs.9,75,000/-. The plaintiffs paid as an advance of Rs.7,00,000/- to the defendant by way of cash and agreed to pay the balance sale consideration of Rs.2,75,000/- to the defendant within 15 months from the date of sale agreement. (ii) At the time of execution of the sale agreement, the defendant had handed over the original title deeds dated 24.06.1987 to the plaintiffs. The plaintiffs were always ready and willing to perform their part of contract. But the defendant refused to receive the balance sale consideration ...
Kanniappan and anr. Vs. Ekambaram
Court: Chennai
Decided on: Mar-04-2011
O R D E R1. This Revision has been filed under Section 115 of the Code of Civil Procedure (hereinafter referred to as the "CPC") against the fair and decreetal order dated 28.12.2004 in E.P.No.103 of 2004 in O.S.No.626 of 1982 on the file of the Court of Principal District Munsif, Kancheepuram.2. The Decree-holder is the petitioner. The petitioner filed a suit in O.S.No.626 of 1982, before the District Munsif Court, Kancheepuram. In the suit, the petitioner sought for a Judgment and decree to declare that the suit property marked ABCD in the plaint plan absolutely belongs to the plaintiff and as a consequence direct the defendant to vacate and handover vacant possession of the suit property, failing which the same may be done through Court and for grant of decree of permanent injunction restraining the defendant and his men from in any way putting up a bunk or superstructure in front of the plaintiffs' property in door No.73/A/1, Mettu Street, Kancheepuram in T.S.Nos.2626 & 2617, both ...
S.V.Sundaram Vs. T. Nagaraja Neduvanda and ors.
Court: Chennai
Decided on: Mar-04-2011
J U D G M E N T1. The above appeal has been filed by the appellant/plaintiff against the Judgment and Order of the learned Subordinate Judge, Mannargudi, in A.S.No.17 of 2006 dated 25.01.2007 remanding the suit to the trail court for fresh disposal by reversing the Judgment and Decree of the learned District Munsif Court, Mannargudi in O.S.No.41 of 2004, dated 26.04.2004.2.The short facts is necessary for disposing the appeal:-The plaintiff had filed a suit against the defendants claiming a sum of Rs.50,000/-. The plaintiff stated in his plaint that he is a respectable person and Law-abiding Citizen, Social Worker and a business man, holding various posts in social organisations as well as Income Tax assessee and as such he is closely moving with top political leaders and service oriented persons. He further stated that for the past 30 years, he has earned a good name after dedicating his life to social service and that he has a good reputation in the local area.3. Knowing this fact, t...
The National Missionary Society of India Vs. the Inspector General of ...
Court: Chennai
Decided on: Mar-04-2011
ORDER1. The petitioner has filed the present writ petition seeking issuance of writ of certiorarified mandamus to call for the records of the 1st respondent dated 22.02.2010 passed in Letter No.68443/P1/05 and quash the same and to direct the petitioner not to collect the stamp duty under Section 2(24) r/w Article 58(a)(ii) of the Stamp Act on the documents bearing No.4240 of 2002, registered at the office of Sub-Registrar, Thirupathur.2. Mr.M.K.Kabir, learned Senior counsel appearing for the petitioner submitted that though the petitioner is a Religious and Charitable Institution registered under the Societies Registration Act, it is engaged in more charitable works, therefore, it is a charitable trust. Whileso, one another Trust, namely, Christukula Ashram, Tirupathur, Vellore District, which is also a Religious Charitable Trust, registered as a Trust, is a Ashram running an Orphanage in order to help the destitute children and also deserted children, who are deserted by the parents....
T.Chakrapani and ors. Vs. Union of India and ors.
Court: Chennai
Decided on: Mar-04-2011
C O M M O N O R D E RThis judgement shall dispose of the following writ petitions, viz.,Sl. No.Case No.Name of the Petitioner1W.P.No.15699 of 20081. T.Chakrapani2. T.Govindarajalu Naidu,3. Elumalai Achari4. V.Chidambaram5. K.Velayudam6. K.Saravanan7. Ranganayagi2W.P.No.15818 of 2008R.Srinivasan3W.P.No.15819 of 2008R.Srinivasan4W.P.No.22912 of 2010J.Rajan Babu5W.P.No.22913 of 2010V.Saravanan6W.P.No.28122 of 2010J.Kaliyamuthu Kumar7W.P.No.28123 of 2010J.Kaliyamuthu Kumar8W.P.No.28124 of 2010S.Gopalakrishnan9W.P.No.28125 of 2010S.Gopalakrishnan10W.P.No.28126 of 2010K.Senthilkumar11W.P.No.28127 of 2010K.Senthilkumar12W.P.No.28128 of 2010S.G.Jayabalan13W.P.No.28129 of 2010S.G.Jayabalan14W.P.No.28130 of 2010K.G.Vasudeva Mudaliar15W.P.No.28131 of 2010K.G.Vasudeva Mudaliar16W.P.No.28132 of 2010K.Munuswamy Mudaliar17W.P.No.28133 of 2010K.Munuswamy Mudaliar18W.P.No.28314 of 2010R.Sreedharan19W.P.No.28315 of 2010R.Sreedharan20W.P.No.28316 of 2010M.S.Subramania Mudaliar21W.P.No.28317 of 2010M.S.Su...
Sundaramoni Venkatesan Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Mar-04-2011
COMMON 1. Inasmuch as all the above six writ petitions are interconnected and the issues raised therein being one and the same, they are disposed of by this Common Judgment.2. The factual backdrop in which the present writ petitions came to be filed, of course fathomed to be a renewed legal battle rather on settled disputes, is concisely outlined below for better appreciation.a) One Mr.L.N.Venkatesan is the petitioner in W.P. No.4770 of 2010 and the petitioners in other writ petitions seem to be his family members. The said L.N. Venkatesan owned a land measuring about 10.33 acres in S. No.232/1C in Kottivakkam Village, Saidapet Taluk, Chengalpattu District. At the request of the Tamil Nadu Housing Board for implementation of South Madras Neighbourhood Scheme, the Government passed an order on 18.02.1972 for acquisition of 275 acres of land at Kottivakkam and Thiruvanmiyur villages, whereupon, the District Revenue Officer, Kancheepuram, submitted a Draft Notification under Section 4(1) ...
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