Chennai Court October 2012 Judgments

G. Ramesh Vs. the Director of Collegiate Education and Others

Court: Chennai

(PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the second respondent in Na.Ka.No.3290/A2/2012 dt.2.7.2012 and quash the same and direct the second respondent to grant approval to the petitioner's appointment as Assistant Professor of Commerce, with effect from 16.6.2010.) The petitioner was appointed as Assistant Professor in the Department of Commerce in the permanent vacancy by an order, dated 29.4.2010 and he joined the post on 16.6.2010 in the third respondent College. After appointment, the third respondent College sought for approval to the qualification of the petitioner from Madras University under section 15 of the Tamil Nadu Private Colleges (Regulation) Act, 1976. It is not in dispute that though initially it was declined, later by the order, dated 30.11.2011 of this Court, in W.P.No.25901 of 2011, the qualification of the petitioner ...

Coimbatore City Municipal Corporation, Rep. by Its Commissioner Vs. M/ ...

Court: Chennai

Reported in: 2012(5)LW456; 2012(6)CTC532

(PRAYER:- The Revision Petition is filed against the fair and decreetal order dated 28.12.2005, made in C.M.A.No. 91 of 2004 on the file of the Principal District Court, Coimbatore.) This revision petition filed by the Coimbatore City Municipal Corporation (hereinafter referred to as the 'Corporation') under Article 227 of the Constitution of India, is directed against the fair and decreetal order dated 28.12.2005, passed by the Principal District Court, Coimbatore in CMA.No.91 of 2004. 2. The respondents 1&3 are the assessees and the property in question is a cinema theater complex in Coimbatore city, in this order they shall be referred to as the 'assessee'. The second respondent is the Taxation Appeal Tribunal, which is the first Appellate Authority against an order of assessment of property tax, exercising powers under Section 169G of the Coimbatore City Municipal Corporation Act, 1981 (hereinafter referred to as the 'Act'). 3. The Corporation is aggrieved b...

M. Palani Vs. R. Antony Francis

Court: Chennai

(PRAYER :Criminal Revision is filed under Sections 397 and 401 of Cr.P.C., to call for the records by setting aside the judgment in C.A.No.353 of 2002, dated 21.04.2005, on the file of the learned Additional District Judge cum Fast Track Court-IV, Chennai, modifying the compensation passed in C.C.No.5400 of 1999, dated 21.12.2002 on the file of the learned XIV Metropolitan Magistrate, Chennai.) The revision petitioner / appellant / accused has preferred the present revision in Crl.R.C.No.506 of 2006 against the judgment made in C.A.No.353 of 2002, on the file of the learned Additional District Judge cum Fast Track Court-IV, Chennai, modifying the order passed in C.C.No.5400 of 1999, on the file of the learned XIV Metropolitan Magistrate, Chennai. 2. The respondent / complainant's case is as follows:- The accused, in order to discharge the dues for purchase of cement from the complainant, had issued a cheque dated 07.04.1999, drawn on Indian Overseas Bank, Choolaimedu Branch, Chenna...

C.H. Nagabhushana Rao Vs. the Deputy Commissioner of Civil Supplies

Court: Chennai

Reported in: 2012(2)CWC921; 2013(2)MLJ243

(PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the respondent in his proceedings No.Nada.No.N3/1312/2010, dated 6.4.2010 and quash the same and consequently, direct the respondent to release the mini Van bearing registration No.TN-03-C 5908 and Eicher Mini Lorry bearing registration No.TN-18-b-1036 seized by the Assistant Commissioner of Civil Supplies, Anna Nagar Zone, Chennai on 5.3.2010 to the petitioner.) The petitioner suffered a confiscation proceedings No.Nada No.N3/1312/2010 issued by the respondent dated 6.4.2010 confiscating the Mini Van bearing registration No.TN-03-C 5908 and Eicher Mini Lorry bearing registration No.TN-18-B-1036 seized by the Assistant Commissioner of Civil Supplies, Anna Nagar Zone, Chennai on 5.3.2010. Besides the vehicles, rice bags in those vehicles were also seized and confiscated. The petitioner sou...

N. Varadhan Vs. S. Sudharson and Others

Court: Chennai

Reported in: 2013CrLJ1042; 2012(4)MLJ(Crl)579

(Criminal Revision Petition filed under Section 397 and 401 of Cr.P.C. against the order dated 24.03.2007 passed in C.C. No. 6790 of 2006 on the file of Judicial Magistrate, Tambaram.) The petitioner is the father of the deceased Priya. The Petitioner is aggrieved by the order dated 24.03.2007 by which the Court below, accepted the report submitted by the Sub-Inspector of Police, All Women Police Station, Tambaram under Section 173 (2) seeking permission to close the complaint given by the petitioner as mistake of fact, after overruling the protest petition filed by the petitioner. 2. The case of the petitioner is that the marriage of his daughter Priya with the first respondent herein was solemnised on 26.01.2001. According to the petitioner, his daughter was subjected to mental agony and cruelty by the respondents, with the result, she suffered 'asthma' and eventually died on 11.02.2005. Therefore, contending that her daughter was subjected to mental cruelty and harassment ...

S.A.L. Jon Lopez Vs. the Registrar of Co-operative Societies, N.V.N. M ...

Court: Chennai

Reported in: 2013(1)MLJ35

(Prayer: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of certiorarified mandamus as stated therein.) 1. The petitioner seeks for issuance of writ of certiorarified mandamus to quash the order passed by the first respondent/Registrar of Co-operative Societies, Chennai, in RC.54292/2002/PMCT-1, dated 09.08.2002, under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983, confirming the order of the second respondent/Additional Registrar (Special Officer), Chennai, in RC.No.1376/91/A2, dated 28.06.1999, by calling for the records connected thereto and consequently, to direct the second respondent to reinstate the petitioner with full back wages with continuity of service and with all other consequential benefits. 2. The petitioner joined the service of the second respondent Union on 15.11.1976 as Editorial Assistant. After 16 years of service, he was promoted to the post of Superintendent on 20.08.1992, and thereby, he was discharging his ...

Technocrats Security Systems Pvt.Ltd. Rep.by Its Director NitIn Munot ...

Court: Chennai

(This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the impugned proceedings of the respondent passed in G.D.No.57/2012-2013 dated 22.9.2012 and quash the same in so far as Detention of Goods sold to the NAPC Limited, Chennai.) 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.1,42,745/- 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...

M/S. Inland Road Transport (P) Ltd and Another Vs. Deputy Commercial T ...

Court: Chennai

(Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus to call for the records of the respondent in his proceedings, in G.D.No.97/2012-13 dated 04.10.2012 and quash this detained order as illegal and contrary to the provisions of the TNVAT Act and direct the respondent to release the goods. Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus to call for the records of the respondent in his proceedings in G.D.No.99/2012-13 dated 08.10.2012 and quash this detention order as illegal and contrary to the provisions of the TNVAT Act and direct the respondent to release the goods.) 1. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader 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 o...

The India Cements Limited dhun Building Vs. the State of Tamil Nadu Re ...

Court: Chennai

(Prayer: Tax Case (Revision) to revise the order of the Sales Tax Appellate Tribunal, (Main Bench), Chennai dated 3.2.2000 in T.A.No. 283/98 and COP.NO. 341/99.) Chitra Venkataraman, J. 1. The assessee is on revision as against the order of the Sales Tax Appellate Tribunal rejecting the claim for exemption under Section 5(3) of the Central Sales Tax Act. The Tribunal also rejected the case of the assessee on the levy of purchase tax on the purchase of fly ash from Tuticorin Thermal Power Plant. The assessment year under consideration relates to 1991-92. The above Tax Case (Revision) was admitted on the following substantial questions of law:- "1. Whether the sale of cement by the petitioners to National Building Construction Corporation Limited (NBCCL) is a sale, which is deemed to be a sale in the course of export within the meaning of Section 5(3) of the Central Sales Tax Act, 1956 and thus not part of the taxable turnover of the petitioners for the purpose of the Tamil Nadu General ...

Mrs. K. Shanthakumari Vs. M. Rajagopal (Deceased) and Others

Court: Chennai

(Civil Revision Petitions against the order dated 4.9.2010 in E.A.Nos.2449, 2450 and 3565 of 2010 respectively in E.P.No.3353 of 1991 in O.S.No.522 of 1981 on the file of the IX Assistant Judge, City Civil Court, Chennai.) COMMON ORDER The revision petitioner, who was impleaded as one of the legal representatives of the judgment debtor filed these three revision petitions against the orders passed in E.A.Nos.2449, 2450 and 3565 of 2010 in E.P.No.3353 of 1991 in O.S.No.522 of 1981 on the file of the IX Assistant Judge, City Civil Court, Chennai. 2. To appreciate the contentions raised in these revisions, a brief history of the facts is relevant. The suit in O.S.No.522 of 1981 was filed for specific performance of an agreement of sale against one Savithri Ammal by Mr.M.Rajagopal and that suit was decreed on 23.10.1981. The decree holder filed application to execute the decree for getting the sale deed and sale deed was also executed by the court as Judgment Debtor refused to execute th...