Chennai Court January 2012 Judgments
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Commissioner of Income Tax-i Vs. M/S.Tube Investments of India Ltd-i
Court: Chennai
Decided on: Jan-04-2012
These Tax Case Appeals are directed at the instance of the Revenue, questioning the common order of the Income Tax Appellate Tribunal, Chennai 'B' Bench, dated 09.09.2003 made in I.T.A.Nos.1982 and 1985/Mds/2002 respectively. 2. Tax Case (Appeal) No.519 of 2005 relates to the assessment year 1990-91 and the Tax Case (Appeal) No.521 of 2005 relates to the assessment year 1992-93. 3. The substantial question of law raised in both the tax case appeals is, Whether on the facts and circumstances of the case, the Tribunal was right in holding that the BIFR's recommendation to the department to consider granting exemption from the provisions of Section 43B should be treated as a mandate ? 4. The respondent assessee had taken over M/s.Press Metal Corporation as per the scheme sanctioned by the Board for Industrial and Financial Reconstruction (BIFR) in terms of section 18(4) of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as 'SICA'). The assessee claime...
K.Ragupathy Vs. the Director of School Education and ors.
Court: Chennai
Decided on: Jan-04-2012
The challenge in this writ petition is to the order passed by the second respondent dated 24.06.2009 bearing reference No.Na.Ka.147374/C3/E3/97 awarding the punishment of dismissal from service to the petitioner and the consequential order of the first respondent dated 22.04.2010 bearing reference No.Moo.Mu.No.70357/C4/E1/2009, rejecting the appeal preferred by the petitioner, with a prayer to quash the same as being illegal, arbitrary, vindictive, without jurisdiction and in violation of the principles of natural justice and consequently, direct the respondents 1 and 2 to pay all benefits including monetary for the period the petitioner was placed under suspension i.e., 11.01.1998 to 21.12.2001, grant promotion to the post of Headmaster w.e.f 19.02.2003 when the petitioner's juniors were promoted, grant monetary benefits as Headmaster from that date including the salary arrears, calculate the terminal benefits payable to the petitioner based on the salary he would have drawn had he be...
V.Manivanan Vs. the Secretary and anr.
Court: Chennai
Decided on: Jan-04-2012
1. The petitioner has approached this Court with the prayer for issuance of writ of mandamus to direct the respondents, to revise the applicant's placement in the Public Works Department instead of Highways & Rural Works Dept., based on his marks obtained in the selection. 2 The petitioner is a Civil engineering graduate with Master's degree in Structural engineering as a specialised subject. The petitioner belongs to backward class community and therefore, eligible to be considered under Rule of reservation in backward class quota. 3 A Combined engineering service examinations were conducted by the Tamil Nadu Public Service Commission for appointment of Civil and Machanical engineers. The petitioner applied for the post by giving his first preference for appointment in Public Works department whereas the department of Highways & Rural works was his second preference. 4 The total vacancies notified were 479 i.e. 210 in P.W.D. and 269 including 27 Machanical engineers...
Palaniammal and ors. Vs. Tilakavathi
Court: Chennai
Decided on: Jan-04-2012
This appeal has been preferred by the appellants against the judgment and decree passed by the learned first appellate Court in A.S.No.359 of 2002, dated 29.09.2004 in reversing the judgment and decree passed by the trial Court in O.S.No.1167 of 1992 dated 27.03.1997 in dismissing the suit. 2. The appellants are the defendants and the respondent is the plaintiff. 3. The brief facts of the plaintiff's case before the trial Court would be as follows: The suit properties are situated at Senthamnagalam Pachchudayanpatti village. The plaintiff purchased the said property for a consideration of Rs.72,000/- from one S.P.Perumal and others on 05.11.1992. The said Perumal and others had the title to the suit property by virtue of the sale deed dated 22.01.1985 obtained from one Chinnasamy and others for a sum of Rs.31,500/-. The said vendors Chinnasamy and others got the property from one Jeganathan and Ramachandran and others. The first defendant had purchased the property through a sale deed ...
S.Andrews Ponnuraj Vairamani Vs. the Chief Secretary and ors.
Court: Chennai
Decided on: Jan-04-2012
In this Writ Petition, the petitioner seeks for a direction to consider his representation and include his name in the panel for promotion and Conferment of Indian Administrative Service yearwise for the year 2011 under Non-State Civil Service Category of Tamil Nadu Government. He also claimed that the 4th and 5th respondents only recommended his case. 2.Though the Writ Petition is for a direction to consider the representation by the 1st respondent, Chief Secretary to the Government of Tamil Nadu, yet the subject matter of the Writ Petition relates to recruitment to the Indian Administrative Service and under Sections 14(1)(a) and 14(1)(b) of the Administrative Tribunals Act, the jurisdiction to entertain such matters vests solely with the Central Administrative Tribunal. 3. The learned counsel for the petitioner though contended that he is only seeking for a direction to the Chief Secretary to the State Government, such a contention cannot be permitted. If the matter relates to recru...
R.Krishnamoorthy Vs. the Special Officer and anr.
Court: Chennai
Decided on: Jan-04-2012
Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent in Pro.No.1122/Tho.U./2002 dated 06.08.2003; and of the 2nd respondent in Pro.No.5585/FA/2000 dated 21.08.2001, quash the said orders and issue consequential directions to the respondents to reinstate the petitioner in service with all consequential benefits such as back-pay, continuity of service, etc. 2. Heard Mr.M.Ravi, learned counsel appearing for the petitioner; Mr.S.V.Durai Solaimalai, learned Additional Government Pleader appearing for the first respondent and Mr.R.Madanagopal, learned counsel appearing for the second respondent. 3. The writ petitioner in this case was appointed as mazdoor in the second respondent Milk Producers Co-operative Union in the year 1974 and thereafter promoted as Senior Factory Assistant. While discharging his duty he was caught red-handed for removing 63 bags of = litre milk packet belonging to the Union without appropriate auth...
Kismath Begum Vs. the Executive Engineer (Distribution), Tamil Nadu El ...
Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
Decided on: Jan-04-2012
(The appeal coming before us for hearing finally on 30.11.2011, upon hearing the arguments of both sides and perused the documents, written submissions as well as the order of the District Forum, this Commission made the following order :-) A.K.ANNAMALAI, PRESIDING JUDICIAL MEMBER 1. The unsuccessful complainant is the appellant. 2. Complainant filed a complaint against the opposite party claiming direction for the payment of insurance amount payable to her deceased son employed under 1st opposite party and praying for Rs.50,000/- and for costs. 3. Complainants son Alisaprin was in service on compassionate ground with opposite party and taken Life Insurance Policy from 2nd opposite party on 15.12.2003 for Rs.1,00,000/- for the payment of monthly premium of Rs.277/- which is to be recovered from the salary of the insured by the 1st opposite party as an employer and payable to the 2nd opposite party every month. 4. On 1.5.2004 the complainants son Alisaprin died due to fire accident at M...
Lt Col Gs Bhullar (ic-50773 W), Mechanical Transport Officer, Defence ...
Court: Armed forces Tribunal AFT Regional Bench Chennai
Decided on: Jan-04-2012
December 2009...
The Assistant General Manager Vs. M/S.The Waterbase Limited
Court: Chennai
Decided on: Jan-03-2012
This appeal arises out of the order dated 28.9.2011 in O.A.No.756 of 2011 in C.S.No.606 of 2011, whereby the learned Judge granted interim injunction that “the amount kept in 'No Lien Account' shall not be adjusted towards the interest amount till the disposal of the suit”. 2. Defendant - Canara Bank is the appellant. The respondent/plaintiff is the public limited company incorporated under the Companies Act having its registered office at Nellore and Corporate Office at Chennai. The respondent Company manufactures prawn feed for local consumption and carries on the processing of shrimps for export business. The Company has availed banking facilities from the State Bank of India, Overseas Branch, Chennai, Union Bank of India, Chennai, State Bank of Hyderabad, Industrial Financial Branch, Chennai and Overseas Branch of Canara Bank, Chennai. State Bank of India is the lead bank of the consortium of all the four Banks. Case of respondent is that there was a slump in the export...
Madras Corporation Red Flag Union Vs. the Govt.of Tamil Nadu
Court: Chennai
Decided on: Jan-03-2012
The 1st Writ Petition is filed by Madras Corporation Red Flag Union, which is a registered Trade Union with Registration No.185/MDS. It is the case of the petitioner union that the Circular issued by the Corporation pursuant to G.O.(4D) No.5, Municipal Administration and Water Supply Department dated 1.7.1993 is illegal and unconstitutional and for a consequential direction to the respondents to grant higher scale of pay relatable to the pay scales as they were drawing in the quarry with all attendant benefits. That Writ Petition was admitted on 6.1.2005. Pending the Writ Petition, this Court granted interim stay of recovery alone until further orders and this Court also observed that when the pay of an employee is fixed in a particular scale of pay, payment of increment would automatically follow. In the Miscellaneous Petition in M.P.No.18539 of 2006 seeking for interim direction to pay the Special Grade scales with effect form 1.10.1998 with annual increments, House Rent Allowance, D...
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