Chennai Court October 2012 Judgments

M/S. Universal Metal Impex Rep. by Its Proprietor Lalit Mardia and Oth ...

Court: Chennai

(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent to grant refund of 4% Additional duty paid in terms of Notification No.102/2007 - Customs as per the Petitioner's representation dated 28.08.2012.) 1. Mr.P.Mahadevan, the learned counsel, takes notice for the respondents. 2. Though the prayer is for a larger relief, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the third respondent is directed to dispose of the representation, dated 28.8.2012, on merits and in accordance with law, within a specified period. 3. The learned counsel appearing on behalf of the respondents has no objection for such an order being passed by this Court. 4. In view of the submissions made by the learned counsels appearing on either side, the third respondent is directed to dispose of the representation, dated 28.8.2012, on merits and in accordance with law, as ...

K. Poomalai and Others Vs. the Director of Sugar, Chennai and Others

Court: Chennai

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records pertaining to the impugned order issued by the second respondent, viz., open auction cum tender notice for sale of molasses dated 06.06.2012 and quash the same as illegal and further direct the respondents 1 and 2 to fix the sale price for molasses to be sold from Tamil Nadu Cooperative Sugar Mills on par with the sale price fixed by neighbouring states of Tamil Nadu. Prayer in W.P. No.25212 of 2012: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records pertaining to the impugned order issued by the second respondent, viz., open auction cum tender notice for sale of molasses dated 06.06.2012 and quash the same as illegal and further direct the respondents 1 and 2 to fix the sale price for molasses to be sold from Tamil Nadu Cooperative Sugar Mills on par with the sale ...

Visalakshmi Vs. Palani and Others

Court: Chennai

(Appeal against the judgment and decree dated 28.03.2005 made in A.S.No.32 of 2004 on the file of Subordinate Judge, Ranipet, Vellore District, confirming the judgment and decree dated 27.11.2003 made in O.S.No.73 of 2002 District Munsif Court, Ranipet.) The learned counsel for the appellant by letter dated 08.10.2012 seeks permission of this Court to withdraw this appeal. Permission is granted. Accordingly, this appeal is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed....

K. Thangavel Chettiar Vs. Nachimuthu Gounder

Court: Chennai

Reported in: 2012(8)MLJ667

(Second Appeal filed under section 100 of C.P.C against the judgment and decree dated 27.11.2006 made in A.S.No.37 of 2006 on the file of the Principal Sub Ordinate Court, Erode reversing the judgment and decree dated 18.08.2005 made in O.S.No.1268 of 2004 on the file of the I Additional District Munsif, Erode.) The plaintiff in the original suit is the appellant in the second appeal. Alleging that the respondent/defendant borrowed a sum of Rs.20,000/- on 01.09.2000 from the appellant/plaintiff and executed Ex.A1 promissory note agreeing to repay the said amount with interest at the rate of 12% p.a; that on 09.09.2000 again the respondent/defendant borrowed another sum of Rs.20,000/- from the appellant/plaintiff and executed Ex.A2-Promissory note promising to repay the said amount with interest at the rate of 12% p.a and that in spite of repeated demands made by the appellant/plaintiff, no amount was paid by the respondent/defendant either towards principal or towards interest, the app...

N. Kanagasabai and Another Vs. State of Tamil Nadu Rep. by Secretary t ...

Court: Chennai

Reported in: 2013(1)MLJ31; 2013(1)CTC753

(Prayer: Writ Petitions are filed under Article 226 of the Constitution of India to India for the issuance of a Writ of Certiorari, after calling for he records from the 1st respondent relating to the order of the 1st respondent made in G.O.Ms.No.1461 Home (Police 19) Department, dated 17.10.2007 and quash the said order dated 17.10.2007 in so far as it relates to the petitioner.) 1. TRN & Sons at Chidambaram, in Cuddalore District, is a Financial Establishment in terms of Section 2(3) of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments), Act 1997 (hereinafter referred to as, 'the Act'). The said financial establishment collected huge deposits from public. Finally, the said establishment failed to repay the said deposits with interests as assured. Therefore, the depositors made complaints to the police. Based on the same, a case in Crime No.4 of 2004 under Section 420 of IPC and Section 5 of TNPID Act was registered by the Economic Offences Wing...

M/S. Indian Power Systems Vs. Deputy Commerical Tax Officer

Court: Chennai

(Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus calling for the records of the respondent in his proceedings in G.D.No.02/2012-13 dated 02.04.2012 and quash this detention order as illegal and direct the respondent to release the goods detained.) 1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate for taxes, appearing on behalf of the respondent. 2. By consent of both the parties, the writ petition is taken up for final disposal. 3. In view of the similar orders passed by this Court, in a number of writ petitions, including the order, dated 21.12.2010, made in W.P.No.29050 of 2010, the following order is passed: i) The petitioner shall pay the amount of tax of Rs.13,352/- demanded by the authority, while passing the detention order. ii) On payment of such tax amount, the goods detained shall be released and the same shall be subject to the final adjudication order, which may be passed by the authority concerned. iii) It is...

Square Connection Rep. by Its Proprietrix, Mrs.Premila Sherry Vs. the ...

Court: Chennai

(Prayers:Petition filed seeking for a writ of Certiorari to call for the records on the files of the Respondent herein in his TNGST. 1000628/2006-07, dated 12.01.2012, and quash the same in so far as it relates to the denial of exemption on a turnover of Rs.35,99,510/- being sales to 100% EOU and a turnover of Rs.1,26,840/- being sales to M/s.Hyundai Motor India Limited aggregating to a turnover of Rs.37,26,350/-) Petition filed seeking for a writ of Mandamus directing the respondent herein to rectify his assessment in TNGST/1000628/2006-2007 dated 12.01.2012, and grant total exemption on sales effected by the petitioners to 100% EOU on a turnover of Rs.35,99,510/- and sales to M/s.Hyundai Motor India Ltd, on a turnover of RS.126840/- aggregating to a turnover of Rs.37,26,350/- after examining the requisite declarations and Green cards filed by the petitioners along with their depatch dated 04/07/2012 and reiterated on 10/08/2012) Common Order W.P.No.27932 of 2012 1. Heard the learned ...

M/S. Kanta Flex (India) Pvt. Ltd., Rep.by Its Director Vs. the Assista ...

Court: Chennai

(Prayer: Petition filed seeking for a writ of Certiorarified Mandamus, to call for the records of the respondent in CST/67726/2006-07 Dated:31.05.2012 and quash the same as ultra-vires and further direct the respondent to consider the declaration forms and documents filed by the petitioner along with the petitioner dated 08.10.2012 and pass order in accordance with law.) 1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the respondent is directed to dispose of the petition, dated 08.10.2012, filed by the petitioner, under the Central Sales Tax Act 1956 and Section 55 of the Tamil Nadu General Sales Tax Act, 1959, to revise the assessment order, dated 31.05.2012 and to rectify the error apparent on the face of the order, within a specified period. 3. The learned counsel appear...

M. Ramadass Rao Vs. V. Sampath Raghavan

Court: Chennai

(Prayer: Criminal Revision is filed under Sections 397 and 401 of Cr.P.C., as against the order in M.P.No.641 of 2011 in C.C.No.109 of 2009, dated 14.09.2011 on the file of Judicial Magistrate, Sholingur.) 1. The revision petitioner / petitioner / accused has preferred the present revision in Crl.R.C.No.1458 of 2011 against the order made in M.P.No.641 of 2011 in C.C.No.109 of 2009, on the file of Judicial Magistrate, Sholingur, dated 14.09.2011. 2. The respondent / complainant's case is as follows:- The complainant is a practicing advocate and a notary public and is well acquainted with the accused for more than a decade. The accused borrowed a sum of Rs.4,00,000/- from the complainant on 01.01.2008 for the business needs of his son, assuring the complainant that he would repay the said sum within six months. On demand made by the complainant, the accused had issued a cheque dated 05.10.2008 (cheque bearing No.016405) drawn on Vaniyambadi Town Co-operative Bank Limited, Vaniyambad...

Tata Sky Limited, Mumbai and Others Vs. the State of Tamil Nadu Throug ...

Court: Chennai

(Prayer: W.P.No.25721 of 2011 is filed under Article 226 of the Constitution of India for the issue of a Writ declaring Sections 3(3-B), 3(4), 3(9), 4-I, 7-A(1) & (3), 7-B(1) & (2) and S.10(1) ["impugned provisions"] of the Tamil Nadu Entertainments Tax Rules, 1939 (Act No.X of 1939) ["Entertainment Tax Act"] as amended by Tamil Nadu Entertainments Tax (Second Amendment) Act, 2011 (Act No.XXV of 2011) ["2011 Amendment Act"] and the Tamil Nadu Entertainments Tax Rules, 1939 as revised by Notification G.O.Ms.No.125 dt. 12.10.2011 issued by the Commercial Taxes and Registration (c1) Department ["Revised Rules"] in so far as Entertainment Tax is sought to be levied by the respondents on the Petitioner's direct-to-home services ["DTH Services"] as ultra vires and unconstitutional. W.P.No.27070 of 2011is filed under Article 226 of the Constitution of India for the issue of a Writ declaring Sections 3(3-B), 3(4), 3(9), 4-I, 7-A(1) & (3), 7-B(1) & (2) and S.10(1) of the Tamil Nadu Entertai...