Chennai Court October 2012 Judgments

P. Maniarasan Vs. the Principal Secretary to Government, Government of ...

Court: Chennai

(PRAYER: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records relating to the impugned Government Order viz., G.O.(Ms.) No.85, Revenue [Va.Nee 1(2)] Department, dated 09.03.2012 from the 1st respondent and quash the same as illegal and null and void.) M.Y. EQBAL, C.J & T.S.Sivagnanam, J. This Writ Petition has been filed as a pro bono publico for the issuance of a Writ of Certiorari to call for the records relating to the Government Order in G.O.(Ms.) No.85, Revenue [Va.Nee 1(2)] Department, dated 09.03.2012 from the 1st respondent, and quash the same as illegal, null and void and without jurisdiction. 2. The brief facts, which are relevant and necessary for the disposal of this writ petition, are stated herein below: (i) It is stated that the petitioner is a social worker and the President of a political party namely., Tamil Thesa Pothu Vudaimai Katchi operating in the State of Tamil Nadu. He is also one of...

K. Rajesh Vs. State Rep. by the Inspector of Police, Manalmedu Police ...

Court: Chennai

Reported in: 2012(3)MWN(Cr)477; 2012(4)MLJ(Crl)762

(PRAYER: Criminal RevisionPetition filed under Section 397 and 401 of the Criminal Procedure Code against the conviction and sentence confirmed by the Sessions Judge, Nagapattinam in Crl. Appeal No.51 of 2006 dated 10.01.2011 confirmed the conviction and sentence passed in S.C.No.153 of 2005 dated 27.03.2006 on the file of the Principal Assistant Sessions Judge, Mayiladuthurai.) This revision has been filed against the judgment passed by the learned Sessions Judge, Nagapattinam in Criminal Appeal No.51 of 2006 dated 10.01.2011 confirming the judgment passed by the learned Principal Assistant Sessions Judge, Mayiladuthurai in S.C.No.153 of 2005 dated 27.03.2006. 2. The learned Principal Assistant Sessions Judge, Mayiladuthurai convicted the accused for offence punishable under Sections 341 and 376 I.P.C. and sentenced him to undergo one month simple imprisonment for offence punishable under Section 341 I.P.C. and to undergo seven years rigorous imprisonment and to pay a fine of Rs.1,000...

M/S. Oriental Insurance Co. Ltd. Vs. Hajira Begum and Others

Court: Chennai

(Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act, 1988, against the award and decree dated 04.12.2009 made in MCOP.No.1729 of 2005 on the file of Motor Accidents Claims Tribunal (Additional District Judge), Salem.) R. SUBBIAH, J. Challenging the Award (04.12.2009) passed by the Motor Accidents Claims Tribunal (Additional District Judge), Salem, in M.C.O.P.No.1729 of 2005, M/s.Oriental Insurance Company has filed the present Appeal. Respondents 1 and 2 herein are claimants, who are the wife and mother of the deceased Mohammed Esahok @ Esahok respectively. 3rd respondent is the owner of the bus and appellant is the insurer of the bus. 2. Brief facts are as follows: According to respondents, Mohammed Esahok @ Esahok had died in a motor accident that had occurred on 28.07.2005. It is the case of respondents 1 and 2 that on 28.07.2005, while Mohammed Esahok @ Esahok was travelling in TVS Champ as pillion rider which was driven by one Sultan on the Junction Main Road...

Union of India, Represented by the Director (Pensions), Ministry of De ...

Court: Chennai

(Writ Appeal preferred under Clause 15 of the Letters Patent as against the order of the learned Single Judge, dated 7.8.2000 made in W.P.No.14368 of 1993.) ELIPE DHARMA RAO, J. Applicability or otherwise of the 'Scheme for grant of One Time Increase in pension to Armed Forces Personnel' to the family pensioners is the subject matter in this writ appeal. 2. The respondents herein are the widows/legal heirs of the deceased Armed Forces Personnel, who, having served in the defence services, retired/discharged from their services prior to 1.1.1986. According to the respondents, after retirement/discharge from their defence services, the deceased personnel remained unemployed till their death and after the death of the said retired armed personnel, the respondents, being the widows/legal heirs are receiving the military pension. 3. While so, the Government of India, by their proceedings dated 16.3.1992 announced a Scheme for grant of One time increase in pension retrospectively fro...

S. Sakir Vs. State of Tamil Nadu Rep. by Inspector of Police North Pol ...

Court: Chennai

Reported in: 2012(4)MLJ(Crl)668; 2013CrLJ165(NOC)

(Criminal Revision Petition filed under Section 397 and 401 of Cr.P.C. against the order dated 08.04.2008 made in Criminal Appeal No. 20 of 2008 on the file of the Additional District and Sessions Court, Fast Track Court No.IV, Coimbatore at Tiruppur modifying the judgment dated 28.12.2007 passed in C.C. No. 373 of 2005 on the file of the Judicial Magistrate No.I, Tiruppur.) The petitioner, who was arrayed as accused in C.C. No. 373 of 2005 on the file of the learned Judicial Magistrate No.I, Tiruppur, was tried for the offence punishable under Section 279 and 304-A of IPC. After trial, the trial court convicted the petitioner for the offence under Section 279 of IPC and sentenced to pay fine of Rs.1,000/-, in default, to undergo one month imprisonment and also convicted him under Section 304-A of IPC and sentenced to undergo one year rigorous imprisonment with fine of Rs.1,000/-, in default, to undergo one month imprisonment. Aggrieved by the judgment of the trial court, the petitione...

Fredirck Constantine Vs. the Presiding Officer Industrial Tribunal Che ...

Court: Chennai

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking for the relief of Writ of Certiorarified Mandamus to call for the records pertaining to the award dated 30.11.2000 passed by the first respondent in I.D.No.77/95, quash that portion of award holding that charges 1 to 6 were proved and declining the relief of reinstatement, with continuity of service, backwages and other attendant benefits and consequently direct the second respondent to reinstate the petitioner in his original post, with continuity of service back wages and all other attendant benefits award costs.) 1. The present writ petition is directed against the impugned order passed by the first respondent, learned Industrial Tribunal, Chennai in I.D.No.77/95, dated 30.11.2000, in which the Industrial Tribunal, after accepting the findings of the domestic enquiry that the charges 1 to 6 were rightly proved, instead of giving reinstatement in the same post, has directed the petitioner to be reinst...

National Insurance Company Limited Vs. C. Perumalbabu and Another

Court: Chennai

(Prayer: Civil Miscellaneous Appeal is filed under Section 30 of the Workmen Compensation Act, 1923 to set aside the order passed in W.C.No.455 of 2002 dated 18.4.2005 on the file of the Workmen Compensation Commissioner, Salem.) 1. The National Insurance Company disputes its liability as well as quantum of compensation. 2. In spite of service of notice, the respondents remained ex-parte. In the circumstances, taking into account the arguments of the learned Counsel for the appellant, the materials on record and the impugned order, we shall dispose of this appeal. 3. The learned Counsel for the appellant contended that in the F.I.R., it is stated by one Sundaram that the Claimant/1st respondent has been employed under him. There is no employer-employee relationship between the claimant and the insured Venkatesan/2nd respondent. Therefore, the basic liability sought to be fixed on Venkatesan goes away. So, the insurer cannot be asked to indemnify. So, the claim against the company must ...

M/S. United India Insurance Co. Ltd. Vs. Dheivathal and Others

Court: Chennai

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 07.04.2010 in M.C.O.P.No.387 of 2009 on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Court, Tiruppur.) The Appellant/3rd Respondent/Insurance Company has projected the present Civil Miscellaneous Appeal as against the Award dated 07.04.2010 in M.C.O.P.No.387 of 2009 passed by the Learned Principal Subordinate Judge [Motor Accidents Claims Tribunal], Tiruppur. 2. The Learned Principal Subordinate Judge, Tiruppur, while passing the Award in M.C.O.P.No.387 of 2009 on 07.04.2010, has, among other things, observed that the accident has taken place because of the carelessness and negligence of the 1st Respondent-driver of the offending vehicle bearing Registration No.TAP 8080 [4th Respondent in Appeal] and further held that the Appellant/Insurance Company is liable to pay in all a sum of Rs.2,70,000/- to the Respondents 1 to 3/Claimants along with interest a...

D. Anuradha Vs. the Deputy Commissioner of Income Tax, Chennai

Court: Chennai

(Prayer: Appeal under Section 260 A of the Income Tax Act against the order dated 31.3.2006 made in I.T.A.No.1650/Mds/2004 on the file of the Income Tax Appellate Tribunal, Chennai Bench "A" for the assessment year 2000-01.) K. RAVICHANDRABAABU, J. 1. This Tax Case (Appeal) filed by the assessee as against the order of the Income Tax Appellate Tribunal in respect of the assessment year 2000-01, was admitted on the following substantial questions of law: "1) Whether the ITAT is right in law in rejecting the claim of deduction u/s.80 HHC made in respect of dimensional granite blocks exported by the appellant herein? 2) Whether on the facts and in the circumstances of the case, the ITAT is right in law in reaching the erraneous conclusion that what was exported by the appellant was rough granite blocks, this conclusion being totally contrary to the supplier's certificate produced by the appellant? 3) Whether on the facts and in the circumstances of the case, the ITAT is right in law,...

R. Pandurangan Vs. the Transport Commissioner/ State Transport Authori ...

Court: Chennai

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned orders passed by the second respondent in Memo No.35082/E1/2012 dt.12.9.2012 and quash the same in so far as it relates to the demand of Rs.1,61,750/- towards "Tax on delay in Temporary Registration" and consequently direct the respondents to provide Permanent Registration mark to the petitioner's Earth Moving Equipment/JCB vide 3DX-2WD Side Shift Excavator Loader Temporary Registration No.TN-19ZTMP0300, Chassis No.1713909, Engine No.4H 2295/1029085 within the time that may be fixed by this Court.) 1. Heard the learned counsel for the petitioner, as well as the learned Additional Government Pleader appearing on behalf of the respondents. 2.At this stage of the hearing of the writ petition, the learned Additional Government Pleader appearing for the respondents had pointed out that an efficacious alternative ...