Chennai Court November 2012 Judgments

K. Veeraiah Vs. Ganesh Credits, Rep. by Its Proprietor, R. Babu

Court: Chennai

Reported in: 2013(1)MLJ(Crl)20

(Prayer: Criminal Revision is filed under Sections 397 and 401 of Cr.P.C., to set-aside the order passed by the learned IV Additional Sessions Judge, Chennai in C.A.No.66 of 2009, dated 22.01.2010 confirming the conviction and sentence passed by the learned XIII Metropolitan Magistrate, Egmore, Chennai in C.C.No.200 of 2007, dated 23.01.2009.) 1. The revision petitioner / appellant / accused has preferred the present revision in Crl.R.C.No.208 of 2010 against the judgment made in C.A.No.66 of 2009, on the file of IV Additional Sessions Judge, Chennai, confirming the conviction and sentence passed in C.C.No.200 of 2007, on the file of XIII Metropolitan Magistrate, Egmore, Chennai. 2. The respondent / complainant's case is as follows:- The accused, along with his son has stood as guarantor for repayment of a sum of Rs.2,00,000/- financed by the complainant for hire purchase of car, a Ford Icon bearing registration No.TN-10C-1408. In order to discharge the said debt, the accused had i...

S. Panneerselvam Vs. the Director, Information and Public Relations De ...

Court: Chennai

Reported in: 2012(2)CWC888; 2012WLR1082; 2013(1)MLJ15

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the records of the third respondent culminating in file No.14/229/08-09/PCI dated 27.3.2012 and quash the same and consequently direct the third respondent to conduct fresh enquiry after affording fair opportunity of hearing to the petitioner.) In this writ petition, petitioner is challenging the order of the Press Council of India dated 27.3.2012 and praying for a direction to conduct fresh enquiry after affording fair opportunity of hearing to the petitioner. 2. The petitioner is the Editor of 'Vil Murasu' Monthly magazine, published within the State of Tamil Nadu, which claims to be highlighting the social problems and bringing the same to the knowledge of the Government authorities. The 4th respondent, who is a P.G.Teacher working in the Government Higher Secondary School, Perambalur, gave a complaint on 4.10.2008 before the Press Council of ...

Nagai Sivasakthi Benefit Fund Ltd. Vs. P. Ramasamy and Others

Court: Chennai

(Prayer: Appeal against the judgment and decree dated 20.6.2006 passed in O.S. No.9 of 2004 by the District Court at Nagapattinam.) 1. Animadverting upon the Judgment and Decree dated 20.6.2006 passed in O.S. No.9 of 2004 by the District Court at Nagapattinam, this Appeal is focused. 2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the Trial Court. 3. Narratively but precisely, broadly but briefly, the germane facts absolutely necessary for the disposal of this Appeal would run thus: The Plaintiff being a Company registered under the Companies Act, tiled the Suit seeking the following reliefs: “(a) To direct, the Defendants 1 to 5 to pay the Suit amount as claimed above on a charge of the properties offered as security by way of attachment before judgment for which a separate Application is filed and if the properties for which attachment is sought for is not sufficient to pay the amount personally and ...

K.Parthasarathy Vs. the Commissioner of Income Tax Vii and Others

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 of the 1st respondent in C.No.7031(180)/CIT VII/2002-03, dated 19.1.2007, and quash the same as illegal, arbitrary and without authority of law and further direct the 2nd and 3rd respondents to refund the tax amount of RS.168546/- along with admissible interest.) ORDER 1. Heard the learned counsel appearing for the petitioner, as well as the learned counsel appearing on behalf of the respondents. 2. It has been stated that the petitioner is working, as an Accounts Executive, in Infosys Technology Limited, Chennai, and he is an assesee on the files of the second respondent. The petitioner had filed the original return of income, for the assessment year 1999-2000, on 25.6.1999, and the return filed by the petitioner had been duly processed by the Assessing Officer concerned. 3. It has been further stated that the employer had deducted tax at sourc...

Tmt. Seethalakshmi and Others Vs. the State of Tamil Nadu, Rep. by Its ...

Court: Chennai

(Prayer: Writ petition filed under Article 226 of the Constitution of India, praying this Court for issuance of Writ of Mandamus to forbear the respondents from interfering with the possession and enjoyment of the land by the petitioner in S.No.468/1A, Kilaveeraraghavapuram village, Palayamkottai Taluk, Tirunelveli District, to an extent of 13712.sq.metres by invoking provisions of the Urban Land Ceiling Act 1978, as repealed Act 20/1999.) 1. The present writ petition has been filed for issuance of writ of Mandamus to forbear the respondents from interfering with the possession and enjoyment of land by the petitioners in S.No.468/1A, Kilaveeraraghavapuram village, Palayamkottai Taluk, Tirunelveli District, to an extent of 13712.sq.metres by invoking provisions of the Urban Land (Ceiling and Regulation) Act 1978, as per the repealed Act 20/1999. 2. The case of the petitioners is as follows: The petitioners are the legal heirs of the deceased A.Chellaiah Thevar. The lands in Survey No.46...

V. Pitchiyya Vs. the Chairman Central Board of Excise and Customs and ...

Court: Chennai

(Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent herein to issue a CHA license in terms of Regulation 9 of CHALR 2004 to the petitioner who had qualified the examinations conducted under the CHALR 1984.) 1. Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing on behalf of the respondents. 2. It has been stated that the petitioner had appeared in the Customs House Agent written examination and the oral examination, held under Regulation 9 of the Customs House Agents Licensing Regulations, 1984. It had been declared that the petitioner had qualified in the examinations. 3. It had been further stated that the grant of licence to the petitioner, as customs house agent is governed by the Customs House Agents, Licencing Regulations, 1984. The Regulations had been issued, originally, in the year, 1965. The said regulations had been repealed ...

Tamil Nadu Kerosene Dealers Assn., Rep. by Its President A. Kannabiran ...

Court: Chennai

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of the respondents relating to the order of the 1st respondent in G.O.(Rt) No.75, Co-operation Food and Consumer Protection (C2) Department dated 08.09.2011 and the Communication of the 2nd respondent in Rc.Lr.No.K4/22193/2010 dated 23.9.2011 and quash the same.) 1. This writ petition is directed against the order in G.O.(Rt) No.75, Co-operation, Food and Consumer Protection (C2) Department dated 8 September 2011 on the file of the first respondent and the related communication dated 23 September 2011 issued by the second respondent reducing the handling loss of petroleum products from 1% to 0.25% and the proposal to implement the decision with effect from 1 October, 2011. Facts in nutshell: 2. The petitioner is an association of Kerosene dealers. The Government of Tamil Nadu, in exercise of the powers conferred under the provisions of the Essential Commo...

M. Ramasamy and Others Vs. the Chief Secretary, Government of Tamil Na ...

Court: Chennai

Reported in: 2012(8)MLJ628

(Prayer in W.P.No.2790 of 2012: Petition filed under Article 226 of the Constitution of India praying to issue the writ of mandamus directing the respondents to disburse the sum of Rs.75 Crores released by the Government of Tamil Nadu to the Pollution Control Board for settling the compensation to the farmers in the Noyyal Ayacutdars equally among all identified beneficiaries in the award dated 17.12.2005 of the Loss of Ecology (Prevention and Payment of Compensation) Authority, Chennai. Prayer in W.P.No.3553 of 2012: Petition filed under Article 226 of the Constitution of India praying to issue the writ of certiorarified mandamus to call for the records issued by the 2nd respondent and quash G.O.Ms.No.209 Environment and Forests (EC1) Department dated 31.12.2011, in so far as it orders payment of compensation to the members of the 4th respondent alone and consequentially recover the amounts paid to the 4th respondent Association and their members and distribute the same to all the aff...

T. Pauldurai Vs. the Government of Tamil Nadu Represented by Its Agric ...

Court: Chennai

(Prayer: Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus by calling for the records relating to the second respondent in Lr.No.DCS.1/41325/99(6) dated 16.4.2001 and the consequential show cause notice issued by the first respondent herein in Letter No.34372/AA-2/99-29, dated 27.5.2007 and quash the same and consequently direct the respondents herein to confer the promotion post of Agriculture officers by recruitment by transfer of service on par with petitioner's juniors who are all deputed by the government for the degree course along with the petitioner and completed the degree in the year 1996 and confer all the attendant and consequential benefits with due regards to the petitioner's seniority including refixation of pay scales.) 1. Heard the learned counsel appearing for the petitioner, as well as the learned counsel appearing on behalf of the respondents. 2. It has been stated that the petitioner had joined in se...

Rangasamy Vs. State Rep. by the Inspector of Police

Court: Chennai

Reported in: 2012(2)LW(Crl)661; 2012(4)MLJ(Crl)577

(Prayer :-Criminal Appeal filed under Section 374 Cr.P.C. against the judgment of the learned Additional Sessions Judge/Fast Track Court No.V, Coimbatore at Tiruppur dated 27.12.2007 made in S.C.No.41/2007.) P. DEVADASS, J. A1 in the Sessions Case in S.C.No.41 of 2007, on the file of Addl. Sessions Judge (FTC V), Tiruppur appealed as against his conviction and sentence. 2. Deceased Rajaboopathy and Amirtharani (P.W.1) are spouses. Kalaiselvi and Vijaya (P.W.3) are their daughters. Jesurajan (P.W.2) married Kalaiselvi. They are all residing in North Street, Anna Nagar in Palladam, Tiruppur District. Their neighbour is Rangasamy (A.1). His son is Paraman (A.3). Suresh (A.2) is sister's son of A.1. 3. On the eastern side of Rajaboopathy's house, there is a neem tree. There was long-standing dispute between Rajaboopathy and A.1 whether the land over which the neem tree stands belongs to the deceased or it is a common property. In this backdrop of the matter, on 14.01.2006, at about...