Chennai Court November 2012 Judgments

M/S. Logos Constructions Pvt.Ltd., Rep. by Its Managing Director Vs. t ...

Court: Chennai

(APPEAL under Section 83 of Chapter V of Finance Act, 1994 read with Section 35G of the Central Excise Act, 1944 against the order of the first respondent made in Final Order No.274 of 2012 dated 20.3.2012 confirming the order of the second respondent made in Order in Original No.52 of 2010 dated 29.10.2010.) CHITRA VENKATARAMAN, J. The assessee is on appeal as against the order of the Customs, Excise and Service Tax Appellate Tribunal, rejecting the appeal on the ground that the assessee had not complied with the directions of this Court dated 19.12.2011 in W.P.No.29001 of 2011, whereby this Court confirmed the order of the Tribunal directing the assessee to pay a pre-deposit of Rs.1 Crore on or before 30.1.2012. The Tribunal pointed out that since the assessee had not complied with the order of this Court, the appeal was liable to be dismissed for non compliance of the provisions of Section 35 of the Central Excise Act. Aggrieved by this the present appeal. 2. Learned Senior Counsel ...

Muhammad Bashir and Others Vs. the State of Tamil Nadu, Rep by Its Sec ...

Court: Chennai

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the 2nd respondent to disburse the petitioner's share in the compensation amount for acquiring the lands in S.No.188/32 at Porur Village, measuring about 153 sq. Meters and building thereon as per the proceedings of the 2nd respondent in Na.Ka.No.40/2008 A1 dated 15.02.2012.) 1. Heard Mr.M.Sivavarthanan, learned counsel for the petitioners and Ms.V.M.Velumani, learned Special Government Pleader appearing for the respondents. 2. Petitioners have come before this Court seeking for a direction to the 2nd respondent to disburse their share in the compensation amount for acquiring the lands in S.No.188/32 at Porur Village, measuring about 153 sq. Meters and building thereon as per the proceedings of the 2nd respondent in Na.Ka.No.40/2008 A1 dated 15.02.2012. 3. It is the case of the petitioners that they are the owners of the land in S.No.188/32 at Porur V...

K.S. Lakshmikumara Thatachariar Vs. T.E. Vijaraghavan and Others

Court: Chennai

Reported in: 2013(1)CWC8

(Prayer: Writ Appeal preferred under Clause 15 of the Letters Patent as against the common order of this Court dated 24.10.2009 respectively made in W.P.No.23049 of 2003 and W.P.No.23050 of 2003. W.P.No.23049/2003: This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Ceriorari, calling for the records in O.A.No.21 of 1999 on the file of the First Respondent quahsing the proceedings in O.A.No.21 of 1999 dated 11.6.2003 passed pursuant to order dated 9.3.2000 passed on the file of the First Respondent. W.P.No.23050/2003: This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the First Respondent to pass final ordered in O.A.No.95 of 1976.) Elipe Dharma Rao, J. 1. Nothing under sky is invulnerable to litigation and it seems Almighty Himself is no exception to this universal phenomena. 2. The present litiagation is an example of this fact, involving dispute ...

S. Santhi and Others Vs. the Chairman, Tamil Nadu Generation and Distr ...

Court: Chennai

(Prayer: Writ Petition filed under Article 226 of Indian Constitution praying to issue a Writ of Certiorarified Mandamus calling for the records of the third respondent issued in Memo No.SEM/Adm.1(2)/F.Suspension/R.763/2008 dated 16.09.2008 and quash the same and issue consequential direction to the respondents to reinstate the petitioner into service with all consequential benefits.) (Prayer: Writ Petition filed under Article 226 of Indian Constitution praying to issue a Writ of Certiorarified Mandamus calling for the records of the third respondent issued in Memo No.SEM/Adm.1(2)/F.Suspension/R.763/2008 dated 16.09.2008 and quash the same and issue consequential direction to the respondents to reinstate the petitioner into service with all consequential benefits.) W.P.No.22781 of 2012 Writ Petitions filed under Article 226 of Indian Constitution praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the order of the third respondent Pro.Memo.No.7712/360...

Mrs. N. Sumathi and Another Vs. the Authorised Officer the Lakshmi Vil ...

Court: Chennai

Reported in: 2012(6)CTC408; 2013(1)MLJ139

(Prayer: Writ petition filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus to call for the records pertaining to impugned letter of the 2nd respondent issued in Ref: LVB/431/22/11-12/Gen, dated 22.03.2012 in freezing and appropriating Fixed Deposit of petitioners issued in receipt No.CDRA/09: 988185 amounting to Rs.52,06,438/- with accrued interest thereon under SARFAESI Act towards M/s.San Shoes Loan A/c and quash the same as illegal, arbitrary, abuse of power and without jurisdiction and direct the 2nd respondent to release the Fixed Deposit made in receipt No.CDRA/09: 988185 amounting to Rs.52,06,438/- with accrued interest thereon forthwith.) Chitra Venkataraman, J. 1. This writ petition is filed for a Writ of Certiorarified Mandamus to quash the proceedings of the second respondent Bank pertaining to the letter dated 22.03.2012 freezing and appropriating the Fixed Deposit standing in the joint names of the petitioners amounting t...

Chezhian Kovi Vs. Pandiarajan

Court: Chennai

K. VENKATARAMAN, J 1. The present application is taken out to reject the election petition. 2. For the sake of convenience, the applicant will be referred as the returned candidate, the first respondent as the election petitioner and the other respondents as per their status in the election petition. 3. The Election petitioner has filed the Election Petition under Section 80-A, 81 to 84 r/w Section 100(1)(b), Section 101 and Section 123(1)(A)(b) of the Representation of the People Act, 1951 (herein after called as the Act). 4. The said election petition was filed questioning the election of the Returned candidate in the Tamil Nadu Assembly General Elections to 170, Thiruvidai Maruthur SC Assembly Constituency. The election petitioner was the candidate of the AIADMK, whereas the returned candidate belongs to the DMK party. 5. The grounds on which the election petition was filed are set out in paragraph 8 of the election petition. 6. In the ground no.(a) to (c) of the election petition, ...

M.S.S. Jeyavelgandhan Secretary, Sri Mukthivinayakar Middle School Vs. ...

Court: Chennai

Reported in: 2013(1)MLJ9

(Prayer: Petition under Article 226 of the Constitution of India for issue of a writ of Mandamus to direct the respondents to approve the appointment made by the petitioner school for Senthilkumar to the post of B.T. (English) with effect from 22.11.2011 with all consequential benefits.) 1. The writ petition is filed by the petitioner, who is the Secretary of Sri Mukthivinayakar Middle School, seeking a direction to the respondents to approve the appointment made by the petitioner/school in favour of one Senthilkumar for the post of B.T. (English) with effect from 22.11.2011 with all benefits. 2. It is seen from the records that the petitioner/school is an aided private school. In their school, the post of Graduate Assistant for English fell vacant due to the resignation of one Satish and they obtained prior approval from the District Elementary Education Officer, Theni for filling up the post. It was claimed that the post, as per the communal roster, comes under Point No.4 and an inte...

K. Selvam Vs. the District Elementary Education Officer, Salem and Ano ...

Court: Chennai

Reported in: 2012(8)MLJ699

(PRAYER: This Writ Petition has been filed under Article 226 of Constitution of India, seeking a Writ of Mandamus directing the respondents herein to consider the qualification of the petitioner in Urudu to grant him promotion as Head Master of Panchayat Union Elementary School (Urudu) at Belur, Vazhapadi Block, Vazhapadi Taluk Salem District in the vacancy to be promote him as Head Master in the said school with all consequential service and monetary benefits.) The Writ Petition has been filed seeking a direction to the respondents to consider the qualification of the petitioner in Urudu to grant him promotion as Head Master of Panchayat Union Elementary School (Urudu) at Belur, Vazhapadi Block, Vazhapadi Taluk, Salem District in the vacancy to be caused by the retirement of Thiru.S.G.Sardar Sahib, Head Master and promote him as Head Master in the said school with all consequential service and monetary benefits. 2. The petitioner was originally employed as Secondary Grade Teacher in t...

M/S. Ucal Fuel Systems Limited Rep. by Its Chief Security Officer N. R ...

Court: Chennai

Reported in: 2013(1)MLJ18

(Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records of the 1st respondent in I.A.No.15 of2012 in I.D.No.279 of 2009 dated 8.10.2012 and quash the same.) The Writ Petition is filed by the management seeking to challenge an order passed by the Principal Labour Court, namely the 1st respondent in I.A.No.15 of 2012 in I.D.No.279 of 2012 dated 8.10.2012. 2. A reference was made to the Labour Court by the State Government under Section 10 of the Industrial Labour Court. The reference relates to the non-employment of 17 workers and also their illegal transfer from Hosur to Maraimalai Nagar. In the reference, 3 managements were shown as respondents. 3. The 2nd respondent Management filed I.A.No.15 of 2012 before the Labour Court seeking for inspection of sites situated at E 16, Industrial Complex, Maraimalai Nagar and 11 B/1, First Cross Road, Ambattur Industrial Estate, Chennai-58 on a Saturday along with both counsel to a...

M/S. New India Assurance Company Limited Vs. Sivakumar and Others

Court: Chennai

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 18.08.2004 and made in M.C.O.P.No.1225 of 2002, on the file of the Motor Accident Claims Tribunal, II Additional Subordinate Judge, Tirunelveli.) 1. The 1st respondent/claimant had filed in M.C.O.P.No.1225 of 2002, on the file of the Motor Accident Claims Tribunal, II Additional Subordinate Judge, Tirunelveli, against the appellant herein and two others and claimed Compensation a sum of Rs.10,00,000/- with interest. The claimant stated that he had travelled in the 3rd respondent/Tamil Nadu State Transport Corporation Bus from Nagercoil to Kovilpatti on the Tirunelveli National High Way. On 03.07.2002, at about 06.45 p.m., the driver of the bus had driven the vehicle from south to north direction on the left hand side of the road, at that point of time the 1st respondents lorry bearing registration No.KL-7B-3589 had been driven by its driver in a rash and neglige...