Chennai Court October 2012 Judgments

Babu Vs. Vinayagam

Court: Chennai

Reported in: 2012(4)MLJ(Crl)586

(Criminal Revision Petition filed under Section 397 and 401 of Cr.P.C. against the order dated 07.03.2012 made in C.M.P. No. 853 of 2012 in C.C. No. 120 of 2011 on the file of the Judicial Magistrate (Fast Track Court), Tiruvannamalai.) This Criminal Revision Case is filed by the petitioner aggrieved by the order dated 07.03.2012 passed in CMP No. 853 of 2012 in C.C. No. 120 of 2011 by which the petition filed by the petitioner under Section 45 of Indian Evidence Act was dismissed. 2. The respondent/complainant has filed C.C. No. 120 of 2011 under Section 138 of the Negotiable Instruments Act contending that on 30.10.2010 the accused borrowed a sum of Rs.35,000/- and issued a cheque No. 600975 dated 29.11.2010 drawn on ICICI Bank, Tiruvannamalai Branch as well as a promisory note. Further, on 20.11.2010, the accused borrowed further sum of Rs.50,000/- for which he issued a cheque No.057200 dated 11.12.2010 drawn on ICICI Bank, Tiruvannamalai Branch as well as a promisory note. Thus, th...

A. Amaravati Vs. the Member Secretary, Chennai Metropolitan Developmen ...

Court: Chennai

(Prayer: Writ petition has been filed under Article 226 of the Constitution of India, praying for a writ of certiorarified mandamus to call for the records relating to the impugned order in letter No. BC1/13919/2010 dated 09.02.2011 and refusal letter was signed on 16.02.2012 by the respondent and quash the same and consequentially, direct the respondent to issue planning permit for the petitioner’s project for a proposed residential building for stilt + 4 floors with 396 dwelling units situated at S.No.97, 98 and 102/1 part at Agaramel village, Poonamallee, part of Melagaram Village, Poonamallee Taluk, Thiruvallore District in BC No.919/2010 dated 21.09.2010. The petitioner has come up with the present with petition challenging the impugned order of the respondent dated 9.2.2011, an order rejecting her request for grant of planning permission and consequently directing the respondent to issue planning permission for her project for a proposed residential building for stilt + 4 f...

T. Jayachandran Vs. Deputy Commissioner of Income Tax Special Range Ii ...

Court: Chennai

(PRAYER: Tax Case Appeal Nos.366, 367 and 368 of 2005 are filed under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal 'B' Bench, Chennai dated 05.01.2005 passed in ITA Nos.2585 (Mds)/94, 2297(Mds)/96 and 255(Mds)/96 respectively. W.P.Nos.38858, 38859 and 38860 of 2005 are filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus forbearing respondents 1 and 3 from in any manner enforcing the demand contained in the order of the first respondent dated 22.07.2005 in No.8577J/ACIT/BC-VIII/2005-2006 for the assessment year 1992-93, 1991-92 and 1993-94 pending disposal of Tax Case Nos.366, 367 and 368 of 2005, pending on the file of this Court. W.P.No.7279 of 2008 is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus calling for the records of the first respondent in Proceedings CHE/Coord/106(misc)/200708 dated 19.2.2008 and to quash the same as illega...

S. Chandrasekaran Vs. the Deputy Commercial Tax Officer Kandamangalam ...

Court: Chennai

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Ref.No.GDN.No.69/12-13, dated 22.10.2012, and quash the same and further direct the respondents to release the goods and vehicle in Vehicle No.TN31 H 7294 from all the liabilities.) 1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate 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 a sum of Rs.1,45,167/-, which is the amount of tax demanded by the authority concerned, while passing the detention order. ii) On payment of such tax amount, the goods detained shall be released and the same...

M/S. Dystar India (P) Ltd, Rep by Its Authorised Signatory, Cuddalore ...

Court: Chennai

(Prayer: Petition filed seeking for a writ of Certiorarified Mandamus, to call for the records on the file of the respondent in Rc.A4/645/2009 dated 29.5.12 and quash the same as illegal and direct the respondent to issue the refund of the excess amount of tax as per assessment order in TNGST.4381601/2001-02 and TNGST.4381601/2002-03 both dated 15.12.11 and Notice of assessment and Refund order in Form C both dated 15.12.11.) 1. Heard the learned counsel for the petitioner, as well as the learned counsel appearing on behalf of 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, by an order, dated 07.10.2011, made in Appeal Nos. 20 of 2009 and 7 of 2009, relating to the Tamil Nadu General Sales Tax assessment years 2001-2002 and 2002-2003, had been decided in favour of the petitioner. 3. It had also been shown that an excess amount of Rs.60,10,249/-, had been paid in excess, by the petitioner...

M. Kulanthaiah Vs. the Regional Transport Officer and Another

Court: Chennai

(Prayer: Petition filed seeking for a writ of Mandamus, directing the respondents herein to forthwith release the petitioner's Vehicle bearing Registration No.TN-31/D-5325 impounded by the Motor Vehicles Inspector Grade-II, Enforcement Wing and kept in custody of the second respondent on such terms and conditions.) 1. This Writ Petition is for issue of a Writ of Mandamus, to direct the respondents respondents herein to forthwith release the petitioner's Vehicle bearing Registration No.TN-31 D-5325, impounded by the Motor Vehicles Inspector Grade-II, Enforcement Wing and kept in custody of the second respondent on such terms and conditions. 2. The learned counsel for the petitioner placed reliance on the order dated 11.12.2009 passed by this Court, in W.P.No.25163 of 2009 wherein, under similar circumstances, this Court directed the second respondent therein to release the vehicle subject to certain conditions. 3.Hence, following the order passed by this Court, dated 11.12.2009,...

Selvamani and Others Vs. State of Tamil Nadu Represented by Inspector ...

Court: Chennai

(Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code praying to permit the petitioners to surrender before the Principal Sessions Judge, Villupuram District and also direct the concern Court to consider the bail application on the same day in Crime No.477 of 2011 pending on the file of the respondent.) 1. The Petitioners seek permission to surrender before the Learned Principal Sessions Judge, Villupuram District and also a direction to the concerned Court to consider the bail applications on the same day in Crime No.477 of 2011 pending on the file of the respondent. 2. The Petitioners are charged for offence under Sections 147, 294(b), 324 and 506 (ii) I.P.C read with 3 (1)(x) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. It is an axiomatic principle in law that as per Section 18 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the petition for anticipatory bail is not p...

Viswa @ Vinayagam Vs. State Represented by the Inspector of Police, Vi ...

Court: Chennai

(Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code praying for a direction to the Learned Principal Sessions Judge, Villupuram to consider the Petitioner's bail application on the day of his surrender in Crime No.462 of 2012 on the file of the Roshanai Police Station, Roshanai, Villupuram District.) 1. The Petitioner seeks a direction to the Learned Principal Sessions Judge, Villupuram to release the Petitioner on bail, on the same day in the event of his surrender and filing bail application in Crime No.462 of 2012 on the file of the Roshanai Police Station, Roshanai, Villupuram District. 2. The Petitioner is charged for offence under Sections 147, 148, 323, 324, 307 I.P.C read with 3 (i)(x) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. The axiomatic principle in law that as per Section 18 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the petition for anticipato...

P. Kuppan and Others Vs. State Represented by the Inspector of Police

Court: Chennai

(Prayer: This Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned District and Sessions Judge, Cuddalore to consider the petitioners bail application on their surrender before them in respect of a case registered in Crime No.353 of 2012 on the file of the Respondent herein.) This petition has been filed under section 482 Cr.P.C., seeking a direction to the learned District and Sessions Judge, Cuddalore to consider the petitioners bail application on their surrender before them in respect of a case registered in Crime No.353 of 2012 on the file of the Respondent herein. 2. The petitioners apprehend arrest by the respondent police in respect of the alleged offences under Sections 294 (b), 323, 363 IPC r/w 3(i) (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the complaint lodged by the defacto complainant one Valli, wife of Kaliyan, on 30.09.2012. 3. In view of the fact that there is a bar under Section 18 of the Sc...

R. Govindarajan Vs. the Chief Controlling Revenue Authority of Tamil N ...

Court: Chennai

Reported in: 2012(6)CTC787

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the proceeding of the Respondent Pa.Mu.No.7520/N112012 dated 11.5.2012 and quash the same insofar as the portion of the order claiming interest for the difference in Stamp duty at 2% for the period excluding 2 months from 28.11.2005 upto 31.8.2010 and for at 1% from 1.9.2011 till date.) 1. The prayer in the Writ Petition is to quash the order dated 11.5.2012 insofar as giving direction to the Petitioner to pay 2% as interest from the date of reference i.e. from 28.11.2005 upto 31.8.2010 and at 1% from 1.9.2010 till date. 2. The grievance of the Petitioner is that as against the order passed under Section 47-A of the Indian Stamp Act, 1899 (hereinafter referred to as the Act), an Appeal was preferred before the I.G. of Registration and again the Petitioner filed regular Appeal in C.M.A. No.2989 of 2010 before this Court and the said C.M.A. was ...