Chennai Court November 2012 Judgments
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A. Krishnaswamy Vs. the District Collector, Coimbatore and Another
Court: Chennai
Decided on: Nov-05-2012
(This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent in his proceedings in Na.Ka.No.10286/2009/A1 dated 30.04.2012 and quash the same in so far as it cancels the 2C patta issued to the petitioner on 02.07.1996 and declines to issue regular patta and consequently direct the respondents to pass necessary orders on merits for grant of regular patta for the lands in S.No.196/2, Somayampalayam Village, Coimbatore North, Coimbatore which are in his possession for over 60 years expeditiously within a time frame as may be fixed by this Court.) The petitioner is a resident of Somayampalayam Village, Coimbatore North Taluk, Coimbatore District. 2. He requested the first respondent to assign the land S.No.196/2 measuring about 1.12.5 hectare (2.78 acres) on sale. His request was rejected by the first respondent under the impugned order dated 30.04.2012 on the ground that the lands are r...
S. Dhanalakshmi and Others Vs. K. Subramanian and Another
Court: Chennai
Decided on: Nov-05-2012
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 30.09.1997 and made in M.C.O.P.No.1427 of 1995, on the file of the Motor Accident Claims Tribunal, III Additional Subordinate Judge, Trichirapalli.) 1. The appellants/claimants had filed in M.C.O.P.No.1427 of 1995, on the file of the Motor Accident Claims Tribunal, III Additional Subordinate Judge, Trichirapalli, against the respondents and claimed a sum of Rs.4,17,500/- due to the death of the husband of the 1st appellant herein in the appeal. On 10.11.1994, at about 02.30 p.m., the 1st respondents auto bearing registration No.TTG-3606 was driven by its driver, i.e., deceased Sukumar. While the auto was crossing the unmanned railway gate at Thiruvarumbur, the said auto stopped due to mechanism failure. At that point, the "Thirupathi Express" which had come at a high speed and without sounding horn , dashed against the auto rickshaw with the result, the occupant...
A. Senthil Kumar Vs. Bhuvaneswari
Court: Chennai
Decided on: Nov-05-2012
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award of the Motor Accidents Claims Tribunal cum Principal Subordinate Judge, Kumbakonam, dated 02.06.2009, in M.C.O.P.No.219 of 2005.) 1. The appellant/respondent has preferred the present appeal in C.M.A.No.1076 of 2011, to set aside the order passed in M.C.O.P.No.219 of 2005, on the file of the Principal Subordinate Judge, Kumbakonam. 2. The short facts of the case are as follows:- The petitioner has filed a claim petition in M.C.O.P.No.219 of 2005, before the Motor Accident Claims Tribunal cum Principal Subordinate Judge, Kumbakonam, claiming compensation of Rs.1,00,000/- for the injuries sustained by her in the Motor Accident on 29.09.2000. It was submitted that on 29.09.2000, at about 07.00 p.m., while the petitioner was walking from south to west on the northern shore of the "Mahamahakulam" Kumbakonam and doing her business, the respondents motor cycle bearing registration No.TN-4...
Capt R.P. Singh Vs. the Chairman Chennai Port Trust and Others
Court: Chennai
Decided on: Nov-05-2012
(Appeal filed under Clause 15 of the Letters Patent against the order dated 25.01.2012 passed by the learned single Judge in W. P. No. 23122 of 2011.) ElipeDharma Rao, J. Undaunted by the order of dismissal dated 25.01.2012 passed by the learned single Judge in W.P. No. 23122 of 2011, the writ petitioner has preferred the present Writ Appeal. 2. The challenge in the Writ Petition is to the appointment of the third respondent, who is presently functioning as the Dredging Superintendent at Chennai Port Trust. The petitioner also sought for a declaration to declare that the post of Dredging Superintendent, Chennai Port Trust, as vacant. 3. Before the learned single Judge, the grievance of the petitioner, who is working as Dredger Master on contract basis with the Chennai Port Trust, was that according to the rules, the post of Dredging Superintendent is a promotional post for which promotion has to be made by way of selection. It is his case that the feeder cadre for the post of Dredging ...
M/S. Stonemark Engineering Private Ltd., Represented by Its Director, ...
Court: Chennai
Decided on: Nov-05-2012
(Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's application dated 17.8.2012, submitted on 23.8.2012 for grant of Stone Quarry lease in respect of lands comprised in Survey Nos.69, 70/1A Part, 70/1B Part and 70/2 Part in Adavanapalli Village, Hosur Taluk, Krishnagiri District for a period of 5 years within a timeframe as may be fixed by this Court.) This Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's application dated 17.8.2012, submitted on 23.8.2012 for grant of Stone Quarry lease in respect of lands comprised in Survey Nos.69, 70/1A Part, 70/1B Part and 70/2 Part in Adavanapalli Village, Hosur Taluk, Krishnagiri District for a period of 5 years within a timeframe as may be fixed by this Court. 2. Ms.V.M.Velumani, learned Special Government Pleader takes notice for the respondents. By co...
A. Murugesan and Another Vs. K. Subramanian and Another
Court: Chennai
Decided on: Nov-05-2012
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 30.09.1997 and made in M.C.O.P.No.1428 of 1995, on the file of the Motor Accident Claims Tribunal, III Additional Subordinate Judge, Trichirapalli.) 1. The appellants/claimants had filed in M.C.O.P.No.1428 of 1995, on the file of the Motor Accident Claims Tribunal, III Additional Subordinate Judge, Trichirapalli, against the respondents and claimed a sum of Rs.2,08,500/- due to the death of their son viz., Ramalingam @ Raman aged about 22 years in the accident. On 10.11.1994, at about 02.30 p.m., the deceased Sukumar drove the auto bearing registration No.TTG-3606, in which the claimant's son Ramalingam @ Raman was travelling and while it was crossing the unmanned railway gate at Thiruvarumbur, the said auto stopped due to mechanism failure. At that point, the "Thirupathi Express" train came at a high speed and dashed against the auto. In the said accident, ...
N. Senji and Another Vs. the Revenue Divisional Officer/Sub-collector ...
Court: Chennai
Decided on: Nov-02-2012
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to release the Tractor with Trailer bearing Registration No.TN-21-AH-6968 and which were seized on 29.09.2012 by the 2nd respondent to the petitioner.) 1. Heard the learned counsel appearing on behalf of the petitioner and the learned Government Advocate appearing on behalf of the respondents. 2. This Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the first respondent to release the Tractor with Trailer bearing Registration No.TN-21-AH-6968. 3. In view of the averments made on behalf of the petitioner and in view of the earlier orders passed by this Court, in similar matters, the first respondent is directed to release the Tractor with Trailer bearing Registration No.TN-21-AH-6968, to the petitioner, forthwith, on his fulfilling the following conditions:- (i) The petitioner shall establish the ownership of the ve...
J. Prema Vs. the Licensing Authority, Cum-regional Transport Officer
Court: Chennai
Decided on: Nov-02-2012
(Prayer: Petition filed seeking for a writ of Mandamus, to direct the respondent herein to consider and pass orders on the petitioner's application dated 2.3.2012(dealt with in R.No.E3/14832/2012) for the renewal of driving school license, forthwith.) 1. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for 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 it would suffice, if the respondent is directed to dispose of the application, dated 02.03.2012, on merits, within a specified period. 3. The learned Additional Government Pleader appearing on behalf of the respondent has no objection for such an order being passed by this Court. 4. In view of the submissions made by the learned counsels appearing on either side, the respondent is directed to dispose of the application, dated 02.03.2012, on merits and in accordance with law,...
S. Natarajan Vs. State of Tamil Nadu Rep. by the Administrator and Ano ...
Court: Chennai
Decided on: Nov-02-2012
(Prayer: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of certiorari mandamus as stated therein.) ORDER 1. The petitioner seeks for issuance of writ of certiorari to quash the order passed by the second respondent/Registrar of Co-operative Societies and Commissioner of Sugars, Chennai, in Na.Ka.No.30274/SA1/2001, dated 01.02.2003, by calling for the records connected thereto. 2. The petitioner joined the service of the respondent Sugar Mills on 18.08.1984 as a Junior Clerk E4. While he was discharging his duties, he was assigned with the work of scrutinising and verifying the loan applications submitted by the employees of the respondent Sugar Mills for the marriage expenses of their daughters. Subsequently, all of a sudden, he was issued with a suspension order dated 29.11.1997 suspending him from service with immediate effect for certain alleged irregularities. On receipt of the suspension order, he submitted his explanations dated 13.12.1997, r...
The Commissioner of Income Tax Vs. M/S. Mahalakshmi Housing
Court: Chennai
Decided on: Nov-02-2012
(APPEALsunder Section 260-A of the Income Tax Act against the order dated 17.6.2011 made in I.T.A.Nos.261 & 262/Mds/2010 on the file of the Income Tax Appellate Tribunal, 'A' Bench for the assessment years 2005-06 and 2006-07.) COMMON JUDGMENT: Both the assesseeas well as the Revenue have filed appeals as against the common order of the Income Tax Appellate Tribunal relating to the assessment years 2005-06 and 2006-07. 2. As far as Revenue's Appeals (T.C.(A)Nos.583 and 584 of 2011) are concerned, at the time of admission, following substantial questions of law were admitted by this Court for consideration: "1. Whether on the facts and circumstances of the case, the tribunal was right in deciding the eligibility of deduction without considering the mandatory conditions stipulated u/s.80IB and 80IB(10) of the I.T.Act? 2. Whether on the facts and circumstances of the case, the Tribunal was right in not giving any finding about the difference between developers, builders and co...
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