Chennai Court December 2012 Judgments

K. Gayathri Vs. the General Manager (Marketing Division) and Others

Court: Chennai

(Prayer: in W.P.No.2010 of 2012 of 2012: This Writ Petition has been filed under Article 226 of Constitution of India, seeking a Writ of Certiorarified Mandamus to call for the records of the 1st respondent dated 12.01.2012 publishing the result for the awarding of petroleum dealership for Soorapalli, Salem District, quash the same based on the representation of the petitioner dated 14.01.2012 and direct the respondents 1 and 2 to allot dealership to the petitioner. Prayer in W.P.No.23453 of 2012: The Writ Petition is filed seeking a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent dated 06.02.2012, quash the same and direct the respondents 1 and 2 to award the retail outlet (petrol bunk) dealership for Soorapalli Rural, Salem District to the petitioner.) Common Order: 1. The petitioner as well as the third respondent applied for retail outlet Petroleum Products based on the advertisement of the first respondent dated 16.09.2011. The retail outlet was at Su...

N. Kanageswary Vs. T. Shrikandarah Rubindranathan

Court: Chennai

Reported in: 2013(1)CTC165

(Prayer: Appeal filed against the Fair and Decretal Order of this Court dated 14.11.2011 in Application Dairy No.20369 of 2011 in C.S. No.1081 of 2007.) K.K. Sasidharan, J. 1. Whether the Original Side Jurisdiction of the High Court to decide the property dispute between the spouses is ousted by Section 7 & 8 of the Family Court Act, 1984, is the core issue that arises for consideration in this intra-Court Appeal. The facts: 2. The Appellant married the Respondent on 24th February 1993 in accordance with the custom prevailing among the Hindus. Thereafter, difference of opinion arose between the parties resulting in filing a Divorce Petition by the Appellant before the Family Court in O.P.No.1314 of 2004. The Respondent remained ex parte in the said proceedings. Accordingly, the Principal Family Court was pleased to grant a decree of divorce on 25th October 2004 in O.P. No.1314 of 2004, dissolving the marriage between the Appellant and the Respondent. 3. The Respondent thereafter filed ...

Sajjan M. Sharma Managing Director M/S. Tenstar Infratech Pvt. Ltd. Vs ...

Court: Chennai

(PRAYER:W.P.No.24518 of 2012 is filed under Article 226 of the Constitution of India for the issue of a Writ of Declaration, declaring that the sale conducted by the respondent on 17.08.2012 in respect of the petitioner's properties being the Flat Nos.503 (5thFloor and 603 (6th Floor) each measuring 1576 sq.ft. in Block-C of Shivalaya building, Door No.16 (Old No.26), Commander-in-Chief Road, Egmore, Chennai-600 105, together with proportionate undivided share in the land and the order of the Debts Recovery Tribunal II, Chennai (1) dated 17.08.2012 in S.A.No.79/2012 and (2) dated 31.08.2012 in I.A.Nos. 396 and 397 of 2012 in S.A.No. 79 of 2012. W.P.No.24519 of 2012 is filed under Article 226 of the Constitution of India for the issue of a Writ of Declaration, declaring that the sale conducted by the respondent on 17.08.2012 in respect of the petitioner's property situated at D1, 3rd floor, Sri Kalki Flats, Ceebros Apartments, having a super built up area of 1610 sq.ft. Together...

M/S. Premier Garment Processing, Rep.by Its Proprietor H. Ibrahim Sha ...

Court: Chennai

Reported in: 2013(1)CTC29; 2013WLR30

(Prayers: Writ Appeals 796 and 797 of 2011 have been preferred under clause 15 of the Letters Patent against the common order dated 27.4.2011, respectively made in M.P.Nos.2 and 3 of 2011 in W.P.No.9158 of 2011. Writ Petition No.5563 of 2011 has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Tender No.OME/HQNOM/CW/271 ML, dated 19.5.2010 and quash the same and consequentially direct the respondents to float fresh tender on the subject matter. Writ Petition No.9158 of 2011 has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Letter of Acceptance No.M/CW/271/ML, dated 1.4.2011 issued to the 7th respondent by the second respondent and quash the same and to consequently discharge the contract in favour of the 7th respondent.) Common Judgment: Elipe Dharma Rao, J. 1. Petitioner/appellant ...

P. Sekar and Others Vs. R. Gunasekaran and Others

Court: Chennai

(Prayers: WP.No.4819/2010 is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the 9th Respondent in OA.No.961/2006 dated 17.4.2009 and quash the same. WP.No.4820/2010is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the 9th Respondent in OA.No.965/2006 dated 17.4.2009 and quash the same. WP.No.12142/2010is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the Central Administrative Tribunal, Madras Bench relating the order dated 17.4.2009 made in OA.No.965/2006 and quash the same and dismiss the original application in OA.No.965/2006 and direct the Respondents 3 and 4 to confirm our services as Assistant Commercial Tax Officer with all seniority, service and monetary benefits. WP.No.24085/2010is filed under Article 226 of the Constitution of India, praying to iss...

The Tamil Nadu Industrial Investment Corporation Ltd. Vs. M/S.Tamil Na ...

Court: Chennai

Vinod K. Sharma, J. 1. The Tamilnadu Industrial Investment Corporation Ltd., a company registered under the Companies Act and finance institution as defined under the State Financial Corporation Act, 1951, has invoked the provisions of Section 31(aa) of the Act, for recovery of a sum of Rs.90,89,452/- (Rupees Ninety Lakhs Eighty Nine Thousand Four Hundred and Fifty Two only) with interest @15.5%. 2. The first respondent M/s.Tamilnadu Pipe Industries advanced loan to respondent no.1 for purchase of SIDCO Shed No.67 at Sidco Industrial Estate, Thirumazhisai and purchase of machinery and its erection. 3. The partnership firm was advanced a term loan of Rs.13.50 Lakhs and also loan against subsidy eligibility, amounting to Rs.3.31 Lakhs. 4. The respondent nos.3 & 4 executed a registered mortgage deed and hypothecation deed on 16.03.1994 to secure the loan, whereas the respondent nos.2 & 3 had executed a deed of guarantee on 16.03.1994. 5. Thereafter, the second term loan of Rs.5.30 Lakhs a...

The Principal Secretary to Government Home (Police Iii) Department Sec ...

Court: Chennai

Elipe Dharma Rao, J. 1. Aggrieved by the order of the learned single Judge dated 16.08.2011 passed in W.P. No. 23014 of 2010 wherein and by which the impugned order passed by the Director General of Police was set aside with direction to consider the promotion of the writ petitioner for the post of Sub-Inspector of Police during the year 1994 - 1995, the State of Tamil Nadu has preferred the present Writ Appeal. 2. Heard the learned Special Government Pleader representing the appellants and the learned counsel for the respondent and perused the materials on record. 3. Pursuant to the Notification issued by the Uniformed Services Recruitment Board for selection of Sub-Inspector of Police for the year 1994-1995, reserving 20% quota for departmental candidates, the Superintendent of Police, Nagercoil called for applications from the departmental candidates for which the first respondent herein applied. The grievance of the respondent was that though he came out successful in all th...

M/s. Sri Ragavendra Ad Lab Rep. by Its Proprietor and Others Vs. the S ...

Court: Chennai

Reported in: 2013(1)CWC87; 2013WLR66

(PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, forbearing the 2nd respondent, its officers, subordinates or any one acting under or through him from in anyway interfering with the petitioner's right to carry on its business by keeping the display boards in the places allotted by 1st respondent at (i) Two Display Boards both sides of LB Road, (ii) One Board at the junction near Station building at Thiruvanmiyur, (iii) Four boards, at Padi Railway station facing G.N.T. Road, issued by the 1st respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the 2nd respondent not to interfere with the display boards erected by the petitioner in the property owned and licenced by the 1st respondent the details of which are given in the schedule to the petition. PRAYER: Writ Petition filed under Article 226 of the Constitution of India p...

K.M. Narayanasamy and Others Vs. Grace Homes and Estates Rep. by Its P ...

Court: Chennai

VINOD K.SHARMA, J. Appln. No.506 of 2012: (Prayer: This application has been filed under Order 14 Rule 8 of O.S.Rules read with XXXVIII Rule 5 of C.P.C. for directing the respondent to furnish security for a sum of Rs.84,80,000/- (Rupees eighty four lakhs eighty thousand only) or in the alternative attach the schedule mentioned properties.) Appln. No.3942 of 2012: 1. This application has been filed under Order 14 Rule 8 of O.S.Rules read with XXXVIII Rule 5 of C.P.C. to recall the order dated 8.2.2012 passed in Application No.506 of 2012 against the defendants directing them to furnish security for the amount claimed in the plaint. 2. The plaintiff/applicant has filed a suit against the respondents/defendants for recovery of Rs.84,80,000/- (Rupees eighty four lakhs and eighty thousand only) along with interest paid towards sale consideration, for plot bearing No.98, Eastern portion comprised in S.No.29 and 30, Ram Nagar South extension, Pallikaranai Village, Tambaram Taluk, Kancheepur...

National Insurance Co. Ltd., Office at Vijay Plaza Building Vs. Subram ...

Court: Chennai

(Prayer: Appeal under Section 173 of Motor Vehicles Act, 1988, against the Decree and Judgment passed by the Motor Accidents Claims Tribunal (II Additional District Court), Erode, made in M.C.O.P.No.4 of 2011 dated 11.06.2012) 1. Being aggrieved by the finding fastening liability, inspite of the specific plea that the rider of the offending vehicle bearing Regn.No.TN38A1886 insured with the appellant Insurance Company, did not possess a valid and effective driving licence at the time of accident and the quantum of compensation of Rs.5,75,000/- with interest at the rate of 7.5% per annum, awarded to the husband and two daughters, National Insurance Company Ltd., Chennai, has preferred this appeal. 2. Short facts leading to the appeal are as follows: That on 23.09.2010 about 7.45pm, when the deceased Mallika and her daughter Seetha were walking from south to north direction, on Karur to Erode main road, and near Vadakku Valavu Soolai, at Malayampalayam, a car bearing Regn.No.TN38K1886 ...