Chennai Court November 2012 Judgments

G. Sakthivel Vs. M/S. Preethi Fashions, Rep by Its Partner / P.A. Hold ...

Court: Chennai

(Prayer: Criminal Revision is filed under against the judgment and order of conviction passed in C.A.No.173 of 2004, dated 07.12.2004, on the file of the learned Additional District and Sessions Judge, Fast Track Court-IV, Coimbatore, confirming the judgment and order of conviction passed in C.C.No.38 of 2002 and the learned Judicial Magistrate-I, Tirupur convicted the petitioner by judgment dated 29.03.2004.) 1. The revision petitioner / appellant / accused has preferred the present revision in Crl.R.C.No.2070 of 2004 against the judgment made in C.A.No.173 of 2004, on the file of the District and Sessions Judge, Coimbatore, confirming the judgment passed in C.C.No.38 of 2002, on the file of the Judicial Magistrate-I, Tirupur. 2. The respondent / complainant's case is as follows:- The complainant is a partnership firm represented by his partners and power of attorney holder. The accused is the proprietor of the concern M/s.Everest Knit, engaged in the business of the stock and sal...

S. MartIn Vs. Inspector of Police

Court: Chennai

The petitioner, who is alleged to have committed the offence punishable under Secs.294-A, 120(B), 420 IPC in Cr.No.304 of 2012, on the file of the respondent, seeks anticipatory bail. 2. This is the second application filed by the petitioner. Earlier application filed in Crl.O.P.No.11019 of 2012 was dismissed by this court on 8.6.2012. The petitioner has been arrayed as A.2. 3. The case of the prosecution is that, a search was made at the house of A.1, one Nagarajan, on 12.3.2012 by the respondent police and a sum of Rs.7,20,05,000/- was seized from his house. A.1 was arrested and confession was recorded. From the confession, it was revealed that A.2, the petitioner herein was dealing with lottery tickets of Sikkim and Nagaland which were banned in Tamil Nadu. However, they were printing and selling such lottery tickets to innocent purchasers and thereby cheating the public and keeping the above said money as unaccounted money which obtained as unlawful gain. 4. Subsequently, a search ...

S. Ramesh Vs. Crystal Dyes and Chemicals, a Registered Firm by Partner ...

Court: Chennai

Reported in: 2013(1)MLJ(Crl)278

(Prayer:Criminal Revision is filed under Sections 397 and 401 of Cr.P.C., against the order dated 04.01.2012 made in C.M.P.No.1382 of 2011 in C.C.No.308 of 2009, on the file of the Judicial Magistrate-II, Erode.) 1. The revision petitioner / petitioner / accused has preferred the present revision in Crl.R.C.No.235 of 2012, against the order made in C.M.P.No.1382 of 2011 in C.C.No.308 of 2009, on the file of the Judicial Magistrate-II, Erode. 2. The respondent / complainant's case is as follows:- The complainant is doing business in Dyes and Chemicals in the name and style of "Jubilant Tex Chem." and is the Proprietor of the said firm. The accused is doing business in Dyeing under the name and style of "Rajathi Textiles" and is the Proprietor. The accused requested the complainant to supply dyes and chemicals on credit and he promised to pay the value of the goods to be purchased on credit within a week or 10 days and the complainant had agreed to this request. In the course of such...

S. Thangavel Vs. the Commissioner of Commercial Taxes and Another

Court: Chennai

(Prayer: Writ petitionfiled under Article 226 of the Constitution of India praying for a writ of Certiorarified mandamus, calling for the records pertaining to the Charge Memo in CP2/14873/2012 dated 31.5.2012 issued by the 1st respondent as the issues involved in the charges are pending disposal before the tax appellate forums and also contrary to the facts submitted by the second respondent in Roc.516/2012/A3 dated 31.05.2012 to quash it as illegal arbitrary and against the law laid down by the Apex Court and consequently to direct the 1st respondent to settle the terminal pension benefits due to the petitioner.) 1. The petitioner is a retired Assistant Commissioner of Commercial Taxes. When he reached the age of superannuation on 31.05.2012, he was issued with charge memo dated 31.05.2012 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. On the same day another order was also passed by the Commissioner of Commercial Taxes viz., the first respondent all...

S. Atralarasun and Others Vs. the Labour Officer (Conciliation), Puduc ...

Court: Chennai

Reported in: 2013(1)MLJ110

(Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the first respondent from entering or counter signing any 12(3) settlement with the respondents 2 and 3 with regard to the industrial dispute of petitioners' non-employment which is a subject matter of the 2(A) dispute dated 08.05.2012 between the petitioners and second respondent and consequently, directing the first respondent to issue failure report on the individual dispute dated 08.05.2012 raised by the petitioners under Section 2(A) of the Industrial Disputes Act within a stipulated time.) In this writ petition, the petitioners seek for a direction restraining the third respondent Management from entering or counter signing any 12(3) settlement with the respondents 2 and 3 with regard to the industrial dispute of petitioners' non-employment which is a subject matter of an industrial dispute under Section 2A of the Industrial Disputes Act dated 08.05.2012 betw...

inbios Petroleum (P) Limited Vs. Commercial Tax Officer and Another

Court: Chennai

(Prayer: W.P.No.7747 of 2004 is filed under Article 226 of The Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records on the file of the first respondent herein in TNGST/0861669/2003-04 dated 18.2.2004, quash the proceedings of the first respondent herein in TNGST/0861669/2003-04 dated 18.2.2004. W.P.No.7748 of 2004 is filed under Article 226 of The Constitution of India, praying for the issue of a Writ of Mandamus, directing the State of Kerala, the second respondent herein to transfer to the credit of the first respondent herein the taxes paid to the Assistant Commissioner (Assessment), Special Circle-II, Commercial Taxes, Ernakulam by the petitioners in the State of Kerala under the Central Sales Tax Act, 1956 on the inter-State sales effected between April 2003 and October 2003 to customers inside Tamil Nadu.) 1. The petitioner is one and the same in both the writ petitions. In W.P.No.7747 of 2004, the petitioner challenges the provisional as...

The Director of Employment and Training, Chepauk and Another Vs. S. Ba ...

Court: Chennai

(Prayer: Writ Appeals filed against the common order dated 31.3.2010 made in W.P.Nos.42171, 42172, 42174, 42175 and 33026 of 2002.) K.K. SASIDHARAN, J. 1. Whether retrenched Instructors of private industrial institutes are entitled for alternative employment in Government Industrial Training Institutes, is the core issue that arises for consideration in this intra-court appeals filed at the instance of the State of Tamil Nadu. Facts in Nutshell: 2. The first respondent in the concerned appeals were appointed as Instructors/Junior Training Officers (hereinafter referred to as "Instructors") in St.Sebastian's Industrial Training Centre, Madhavaram. While so, the institution issued orders on 31 December 2001 terminating the services of the Instructors. The Instructors filed writ petitions for issuing directions to the Government to give them alternative employment. The writ petitions were disposed of by a learned Single Judge of this Court on 1 August 2002 directing the Employment and...

M. Chandran Vs. the Director of School Education and Others

Court: Chennai

Reported in: 2013(1)MLJ143

(Prayer: Petition filed under Article 226 of the Constitution of India seeking for issue of writ of certiorarified mandamus to call for the records of the 5th respondent-the Secretary & Correspondent, Thiru W.T.Masilamani Mudaliar Higher Secondary School, Walajabad, Na.Ka.82/2009 and 61/2010 dated 21.4.2012, directing the petitioner to appear before the school Committee for conducting an enquiry and to quash the same.) 1. The petitioner is a B.T.Assistant working in the 5th respondent school. He has challenged the notice dated 21.4.2012 issued by the 5th respondent asking him to appear for enquiry on 28.4.2012 in the office room of the school Secretary in respect of the complaint given by the previous headmaster of the school. The petitioner challenged the said enquiry notice in this writ petition. 2. When the matter came up on 4.5.2012, this Court, while ordering notice of motion granted interim stay. It was contended by the petitioner that prima facie the notice is invalid, since the...

Perumal and Others Vs. Inspector of Police, Madathukulam Police Statio ...

Court: Chennai

(Prayer: Petitioner for Anticipatory Bail under Section 438, Cr.P.C.) 1. The Petitioners, who are alleged to have committed the following offences on the file of the Respondent, seek Anticipatory Bail. S.No.Crl.O.P. No. & Cr.No.PetitionersOffences121570/2012Cr.No.361/2012Perumal/A.2Mayilsamy/A.3 R. Subbulakshmi/A.4 K. Mani/A.521(1) of Mines and Minerals (Development & Regulations) Act, 1957 r/w 379, IPC221573/2012 Cr.No.362/2012V.M. Thangavel/A.2Kittusamy/A.3 Kanakaraj/A.421(1) of Mines and Minerals (Development & Regulations) Act, 1957 r/w 379, IPC322056/2012Cr.No.363/2012Velliangiri/A.3Nagarathinam/A.421(1) of Mines and Minerals (Development & Regulations) Act, 1957 r/w 379, IPC421710/2012 Cr.No.208/2012Manivannan/A.1K. Shanmugasundaram/A.2 Narayana Murthy/A.3 Subramanian/A.421(1) of Mines and Minerals (Development & Regulations) Act, 1957 r/w 379, IPC2. The Petitioners are running brick-kiln chambers in four different Partnership firms in which they are the partners. The names of he...

V.S. Gunaseelan Vs. Aruchamy and Another

Court: Chennai

Reported in: 2012(3)MWN(Cr)DCC188

(Prayer: Criminal Revision is filed under Sections 397 and 401 of Cr.P.C., to set-aside the judgment and conviction dated 13.03.2007 and made in C.A.No.165 of 2006, on the file of Additional District and Sessions Court, Fast Track Court-III, Coimbatore, confirming the judgment and conviction dated 05.04.2006 and made in C.C.No.186 of 2001, on the file of Judicial Magistrate-II, Pollachi.) 1. The revision petitioners / appellants / accused have preferred the present revision in Crl.R.C.No.529 of 2007 against the judgment made in C.A.No.165 of 2006, on the file of Additional District and Sessions Court, Fast Track Court-III, Coimbatore, confirming the conviction and sentence passed in C.C.No.186 of 2001, on the file of Judicial Magistrate-II, Pollachi. 2. The respondent / complainant's case is as follows:- The accused had borrowed a sum of Rs.6,00,000/- from the complainant on 30.03.2001. On demand made by the complainant, the accused had issued a cheque dated 28.05.2001 for a sum of...