Chennai Court February 2012 Judgments
Pandi Vs. the Inspector of Police
Court: Chennai
Decided on: Feb-23-2012
PrayerAppeal filed under Section 374 of Criminal Procedure Code as against the judgment of learned Additional Sessions Judge, (Fast Track Court No.III), Madurai in S.C.No.393 of 2011 delivered on 11/4/2011.JUDGMENT(Judgment of the Court was delivered by P.DEVADASS ,J)1. The accused, who was prosecuted for an offence under Section 302 IPC before the learned Additional Sessions Judge (Fast Track Court No.III), Madurai in S.C.No.393 of 2011, on 11.4.2011 was convicted under Section 302 IPC and was sentenced to life and was also directed to pay a fine of Rs.1,000/-, in default, to undergo six months rigorous imprisonment, is the appellant.2. In the said Court, he was prosecuted for the death of one Sethuraman, the brief version of the prosecution case, may be narrated as under:-(i) One Sethuraman, husband of P.W.11 Panjavarnam and father of P.W.2 Lakshmanan resided in the house belonging to accused Pandi situate in Malaiyan Nagar, Narasingam, Othakadai, in Madurai, under a lease arrangemen...
Tag this Judgment!National Insurance Co.,ltd Vs. K.Rupashanthini
Court: Chennai
Decided on: Feb-23-2012
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Order dated 29.4.2008 in M.C.O.P.No.330 of 2007 on the file of Motor Accident Claims Tribunal, Additional District Judge, (Fast Track Court-IV), Bhavani, Erode District.J U D G M E N TR.BANUMATHI,J.1. Challenge in this appeal is the award in M.C.O.P.No.330 of 2007 (dated 29.04.2008) on the file of the Motor Accident Claims Tribunal, Additional District Judge, (Fast Track Court-IV), Bhavani, in which the Tribunal has awarded compensation of Rs.26,38,000/- for the death of the deceased Vijayakumar.2. Brief facts are that on 23.10.2006 at about 5.30 p.m., Vijayakumar was riding the motorcycle bearing Registration No.TN 45 P 7273 in Erode to Gobi Road. When the two wheeler was nearing Othakuthirai, the lorry bearing Registration No.TN 28 K 8729 driven by the fourth respondent in a rash and negligent manner came in the opposite direction and dashed the motorcycle. Due to the accident, the dece...
Tag this Judgment!Ms D.K.Enterprises Vs. the Commissioner of Customs.
Court: Chennai
Decided on: Feb-23-2012
Prayer: W.A.Nos.1493 & 1494 of 2011: Writ appeals filed against the order passed in W.P.No.14248 of 2011 and 14535 of 2011 respectively dated 21.07.2011. Prayer:W.P.No.21642 of 2011: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified mandamus calling for the records of the respondent in order in original No.17031/11 dated 04.08.2011 and quash the same as ultra vires and unconstitutional and consequently direct the respondent to permit clearance of the goods under import viz., L-Leucine and L-Valine (not for Pharma and Drug Use) covered under Bill of Entry No.548872 dated 24.06.2010, L-Creatine and L-Taurine (Not for Pharmaceutical and Drug use) covered under Bill of Entry No.548873 dated 24.06.2010, D-Calcium Pantothenate (Not to use in Drugs and Medicine) covered under Bill of Entry No.548874 dated 24.06.2010, Sulphadiazine (Not for Medical use) covered under Bill of Entry No.548875 dated 24.06.2010 without insisting for an impo...
Tag this Judgment!Ms.Dream Works Vs. Assistant Commissioner (Ct)
Court: Chennai
Decided on: Feb-23-2012
Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus to call for the proceedings of the respondent in Pdl.178/2010/A2 dated 24.05.2010 and quash the same and direct the respondent to restore the sales tax registration under TNVAT and CST Act.O R D E R1. This writ petition has been filed praying that this Court may be pleased to set aside the impugned proceedings of the respondent, dated 24.05.2010, and to direct the respondent to restore the Sales Tax registration of the petitioner, under the Tamil Nadu Value Added Tax Act, 2006, and the Central Sales Tax Act, 1959.2.The main contention of the learned counsel for the petitioner is that the registration of the petitioner, under the Tamil Nadu value Added Tax Act, 2006, and the Central Sales Tax Act, 1959, had been cancelled by the respondent, without issuing a notice to the petitioner. Further, no opportunity of personal hearing had been given to the petitioner, as per Section 39(15) of the Tamil Nadu Value Added Tax Act...
Tag this Judgment!Tvl.Ascend Telecom Vs. Commissioner of Commercial Taxes.
Court: Chennai
Decided on: Feb-23-2012
Prayer: Petition filed seeking for a Writ of Certiorari to call for the records relating to the order No.TIN/33161325169/RC 1740/2010/A4 dated 11.01.2012 passed by the 2nd Respondent canceling CST & TNVAT registration certificates of the petitioners retrospectively u/s 39(4) of the TNVAT Act, and quash the same.O R D E R1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate for taxes, appearing on behalf of the respondent.2. The learned counsel appearing on behalf of the petitioner had submitted that a show cause notice, dated 23.12.2011, issued by the second respondent, had been received by the petitioner. Thereafter, the petitioner had also sent a detailed reply, dated 10.01.2012, to the second respondent, to the show cause notice, dated 23.12.2011. However, without considering the explanation given by the petitioner, on 10.01.2012, which had been received by the second respondent, on 13.01.2012, he had passed the impugned order, dated 1...
Tag this Judgment!Ganapathy at Kila Vs. the Secretary to the Government.
Court: Chennai
Decided on: Feb-23-2012
Prayer:- Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent, dated 10.10.2011, in BDFGISSV No.414/2011 against the petitioner / detenu, Ganapathi @ Kila @ Prabhakaran, S/o.Vijayakumar, who is confined at Central Prison, Puzhal, and to set-aside the same and to direct the respondents to produce the detenu before this Court and to set him at liberty.O R D E R(Order of the Court was made by K.Mohan Ram, J.,)1. The detenu himself is the petitioner in the above Habeas Corpus Petition. The detenu came to the adverse notice of the police authorities in the following two adverse cases, namely, in (i) Crime No.397 of 2010 on the file of the T-11 Thirunindravur Police Station for the offence under Sections 147, 148, 341 and 302 IPC @ 120(b), 341, 302 read with 109 IPC and (ii) Crime No.506 of 2011 on the file of the T-11 Thirunindravur P...
Tag this Judgment!Tmt. Swarnammal Vs. the Management
Court: Chennai
Decided on: Feb-23-2012
PETITIONs under Article 226 of The Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the 1st respondent therein in CCP.Nos.3 and 2 of 2001 on the file of the Central Government Labour Court, Chennai (the 3rd respondent herein) dated 14.3.2007 and quash the same and further direct the 1st and 2nd respondent to pay the family pension as claimed by the legal heirs.COMMON ORDER1. Heard the arguments of Mr.R.Lawrence, learned counsel appearing for the petitioners in both the Writ Petitions and Mr.M.Imthias, learned counsel appearing for the Food Corporation of India and Mr.K.Gunasekar, learned Additional Central Government Standing Counsel appearing for the Central Provident Fund Commissioner.2. Both the Writ Petitions arise out of the order passed by the Central Government Industrial Tribunal cum Labour Court, Chennai in C.C.P.Nos.2 of 2001 and 3 of 2001. By the impugned order dated 14.3.2007, the CGIT cum Labour Court dis...
Tag this Judgment!J.Vasuki Vs. the Regional Transport Authority
Court: Chennai
Decided on: Feb-23-2012
Prayer in W.P.No.3678 of 2012: Petition filed under Article 226 of Constitution of India, seeking for a Writ of Mandamus, directing the respondent to forthwith comply with the directions of the Tribunal, dated 7.5.2010, made in M.V.Appl.No.162/2009, confirmed by this Hon'ble Court, by order, dated 27.10.2010, made in W.P.No.12919 of 2010 batch. Prayer in W.P.No.3679 of 2012: Petition filed under Article 226 of Constitution of India, seeking for a Writ of Mandamus, directing the respondent to forthwith comply with the directions of the Tribunal, dated 7.5.2010, made in M.V.Appl.No.161/2009, confirmed by this Hon'ble Court, by order, dated 27.10.2010, made in W.P.No.12919 of 2010 batch.COMMON ORDER1. The writ petitions have been filed praying that this Court may be pleased to issue a Writs of Mandamus to direct the respondent to comply with the directions of the State Transport Appellate Tribunal, Chennai, dated 7.5.2010, made in M.V.Appeal Nos.161 and 162 of 2009, and the order of this ...
Tag this Judgment!D.Ganesan Vs. State of Tamil Nadu.
Court: Chennai
Decided on: Feb-23-2012
Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Quo Warranto, directing the third respondent to show cause by what authority he claims to hold the post of the Principal, Dr.Ambedkar Government Law College, Chennai and consequently remove the third respondent from that post.ORDER1. The petitioner has come up with the above writ petition, seeking the issue of a Writ of Quo Warranto to direct the third respondent to show cause on what authority he holds the post of Principal of Dr.Ambedkar Government Law College, Chennai.2. I have heard Mr.K.Rajasekaran, learned counsel for the petitioner, Mr.N.Srinivasan, learned Additional Government Pleader for respondents 1 and 2, Mr. D.Gnanasekaran, learned counsel for the third respondent, Mr.V.M.G.Ramakkannan, learned counsel for the fourth respondent, Mr.S.R.Rajagopal, learned counsel for respondents 5 and 6 and Mr.P.R.Gopinathan, learned counsel for the seventh respondent.3. The third respond...
Tag this Judgment!Ms.Thangavelu Spinning Mills Vs. Government of Tamilnadu
Court: Chennai
Decided on: Feb-23-2012
Writ petition is filed under Article 226 of Constitution of India for the issuance of writ of mandamus directing the 3rd respondent to conciliate the matter vide reference No.Na.Ka.No.A1/4045/2011E dated 29.04.2011 and pass appropriate orders within stipulated time.O R D E R1. Petitioner has approached this court with a prayer for issuance of writ in the nature of mandamus, to direct the Deputy Commissioner of Labour, Salem to conclude the conciliation proceedings in pursuance to reference dated 29.04.2011, expeditiously, in terms of the Section 12(4) of the Industrial Disputes Act 1947.2. M/s. Thangavelu Spinning Mills ltd, is manufacturing Polyester cotton and blended yarn and has employed 350 workers under different categories. The two registered unions of the petitioner, claimed bonus.3. The case of the petitioner is that after discussion and meetings with the union the Labour Progressive Front union agreed for settlement of bonus issue, under the terms and conditions proposed by t...
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