Chennai Court February 2012 Judgments
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S.Marimuthu (Died) Vs. G.Venu
Court: Chennai
Decided on: Feb-20-2012
Second Appeal filed under Section 100 CPC. as against the judgment and decree, dated 28.07.2005, passed by the II Additional Subordinate Judge, Coimbatore, in A.S. No.55 of 2004, reversing the judgment and decree, dated 26.07.2005, passed in O.S.No.3903 of 1996, by the District Munsif Court, Coimbatore.J U D G M E N T1. The appellants herein filed a suit as plaintiffs in O.S.No.3903 of 1996, on the file of the District Munsif Court, Coimbatore, seeking prayer--- a) for permanent injunction restraining the defendant, his men servants, hirelings, and family members from interfering with the plaintiff's peaceful possession and enjoyment of the suit property in any manner whatsoever; b) for granting mandatory injunction directing the defendant to remove the constructions put up by him in the suit space of 2' on the southern side of the plaintiff's house at his cost; c) for directing the defendant to pay the cost of the suit to the plaintiff;2. The averments made in the plaint, in brief, ar...
R. Indra Vs. the District Elementary
Court: Chennai
Decided on: Feb-20-2012
Writ petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to post the petitioner on promotion as Middle School Head Master in the Avadi Municipality Midle School (Telugu) at Muthaputupettai in accordance with the eligibility of the panel for B.T. Head Master in the year 2010-2011 for Avadi Block drawn on 01.01.2011.O R D E R1. Petitioner has approached this Court with a prayer for issuance of a writ in the nature of mandamus, directing the 1st respondent to post the petitioner on promotion as Middle School Head Master, in the Avadi Municipality Midle School (Telugu) at Muthaputupettai in accordance with the eligibility of the panel for B.T. Head Master for the year 2010-2011 for Avadi Block drawn on 01.01.2011.2. The petitioner was appointed as Secondary Grade Teacher on 17th June, 1991 at Panayurkuppam Primary School, Chithamur Block, Kancheepuram District and her services were regularised on 01.09.1991. She co...
Srinivas Rajan Vs. the Director of Matriculation
Court: Chennai
Decided on: Feb-20-2012
COMMON ORDER1. Heard. These three miscellaneous applications came to be filed under peculiar circumstances of the case. The main writ petition being W.P.No.2116 of 2011 came to be posted before this court on being specially ordered by the Hon'ble Chief Justice vide order dated 7.3.2011 and the matter was heard and disposed of on 7.4.2011 after hearing all parties.2.In the operative portion of the said judgment (since reported in 2011 (2) CTC 776 = 2011 (8) MLJ 234), in paragraph 56, it was ordered as follows: 56.In view of the above, this writ petition is disposed of with the following direction:a)The third respondent is hereby directed to appoint a retired Judicial Officer not below the rank of District Judge to conduct an enquiry against the fifth respondent in respect of the complaints received from the students, parents as well as Parents Teachers' Association within a period of three months from the date of receipt of the copy of the order and take further action on the fifth...
Creative Infospace Pvt. Ltd Vs. the Commissioner (Appeals)
Court: Chennai
Decided on: Feb-20-2012
RESPONDENTSPrayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the 1st respondent impugned order bearing Interim Order No.12/2012(M-ST) in A.No.380/2011 (MST) dated 24.1.2012 under Sec. 35 F Central Excise Act and quash the same.O R D E R1. Heard Mr.S.Thirvenkataswamy, learned counsel appearing for the petitioner and Mr.V.Sundareswaran, learned counsel appearing on behalf of the second respondent.2.At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner had submitted that he would make a pre-deposit of Rs.1,50,000/-, before the second respondent. He had further submitted that, on such pre-deposit being made, this Court may direct the first respondent to hear the Appeal, in Appeal No.380/2011 (MST) and pass appropriate orders thereon, on merits and in accordance with law, within a specified period.3.The learned counsel appearing on behalf of ...
Ms.United India Insurance Company Ltd. Vs. Thiru V.S.Nandakumar and or ...
Court: Chennai
Decided on: Feb-20-2012
Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree passed in M.C.O.P.No.115 of 2009 on 29.10.2010 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate) at Vellore District.J U D G M E N TS.Vimala, J.1. N.Ganesh, the only son of the parents V.S.Nandakumar (petitioner 1), since died and V.S.Chitra (Petitioner-2), an young, promising B.E.(Mechanical Engineering) Graduate died in an accident that took place on 11.10.2008. Alleging that parents have lost their only hope, they claimed a sum of Rs.50,00,000/- as compensation. During the pendency of the petition, the father died and the sister of the deceased, Kamatchi (Petitioner-3) has been impleaded as per order in I.A.212/2010 dated 22.01.2010.2. Challenging the quantum of compensation as exorbitant and disproportionate, the Insurance Company has filed this appeal.3. Brief facts :-On 11.10.2008, at about 5.50 p.m. the deceased Ganesh was riding in his p...
Mrs.R.inbavalli Vs. the Income Tax Officer
Court: Chennai
Decided on: Feb-20-2012
Memorandum of Grounds of Tax Case Appeals under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Chennai 'B' Bench dated 24.2.2004 made in I.T.A.Nos.969/Mds/2002, 970/Mds/2002, 971/Mds/2002 and 1367/Mds/2002 for the assessment years 1996-97, 1997-98 and 1998-1999 respectively.JUDGMENT(Judgment of the Court was delivered by D.MURUGESAN, J.)1. The assessee has filed the present tax case appeals under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Chennai 'B' Bench dated 24.2.2004 made in I.T.A.Nos.969/Mds/2002, 970/Mds/2002, 971/Mds/2002 and 1367/Mds/2002 for the assessment years 1996-97, 1997-98 and 1998-1999 respectively, raising the following substantial questions of law:- 1. Whether the Tribunal was right in holding that the net profit rate should be 4% and hence the additions are warranted on the facts of the case?2. Whether the Tribunal was right in holding that the addition of Rs.5 la...
P.Pandiyaraj Vs. the State of Tamilnadu Rep
Court: Chennai
Decided on: Feb-20-2012
Prayer: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the records connected in Letter No.375/HK1/2009-3, dated 28.8.2009 and G.O.(3D) No.73, Highways (HL.1) Department, dated 6.5.2002, passed by the 1st respondent and quash the same and direct the respondents to include the name of the petitioner in the panel for promotion to the post of Assistant Divisional Engineer for the year 1999-2000 and promote the petitioner as Assistant Divisional Enginer with all consequential benefits including the further promotion as Divisional Engineer.O R D E R1. Heard the learned Senior Advocate appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.2. The petitioner has stated that he was, initially, appointed as an Assistant Engineer, on 17.6.1981, and thereafter, he had been promoted as an Assistant Divisional Engineer, on 4.4.2005. After working at various stations he had bee...
B.Dayalan Vs. A.M.Bhuvaneswari
Court: Chennai
Decided on: Feb-20-2012
This petition is filed under Section 25 of Tamil Nadu Buildings Lease and Rent Control Act against the order and decreetal order of the learned VIII Small Causes Judge dated 7.1.2010 passed in R.C.A.No.855 of 2004 dismissing the appeal confirming the decreetal order of the XII Small Causes Court Judge in RCOP.No.1734 of 2003 dated 2.7.2004.ORDER1. The tenant is the revision petitioner. The landlord filed RCOP.No.1734 of 2003 on the file of the XII Judge, Court of Small Causes, Chennai for eviction against the four tenants on the ground of demolition and reconstruction and the revision petitioner is the second respondent in that application. Learned Rent Controller on being satisfied with the boanafide requirement of the landlord passed eviction order in RCOP.No.1734 of 2003 on 2.7.2004 and against the order of eviction of four tenants, the revision petitioner filed an appeal in RCA.No.855 of 2004 on the file of the VIII Small Causes Court, Chennai and the learned Rent Control Appellate...
Lakshman Sruthi Musicals (P) Ltd Vs. the Assistant Commissioner
Court: Chennai
Decided on: Feb-20-2012
Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for records relating to the proceedings of the respondent in TNGST 1423038/2006-07 dated 14.09.2011 and the consequential proceedings of the respondent in RC.1126/12/A3 dated 19.01.2012 and quash the same.O R D E R1. Heard the learned counsels appearing for both sides.2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that the impugned orders, dated 14.9.2011 and 19.1.2012, had been passed without giving a proper opportunity to the petitioner to file its objections, along with the relevant documents, to show that the sale of Indian Musical Instruments is exempted from the payment of sales tax, under the Tamil Nadu General Sales Tax Act, 1959. Therefore, this Court may be pleased to set aside the impugned orders of the respondent, dated 14.9.2011 and 19.1.2012, permitting the petitioner to file it...
The Special Tahsildar (L.A) Vs. Manickam
Court: Chennai
Decided on: Feb-17-2012
This appeal is focussed as against the judgment and decree of the Additional District Sessions Judge and (Fast Track Court No.I) of Salem in LAOP No.286 of 2002, dated 19.05.2003.JUDGMENT1. Animadverting upon the judgment and decree passed by the learned Additional District Sessions Judge and (Fast Track Court No.I) of Salem, dated 19.05.2003 in L.A.O.P.No.286 of 2002, the Government has filed this appeal.2. Heard both sides.3. The epitome and the long and short of the relevant facts absolutely necessary and germane for the disposal of this appeal would run thus: The Government vide Notification dated 23.02.1999 made under Section 4 (1) of the Land Acquisition Act, intended to acquire the land measuring an extent of 2.01.0 hectare in Survey Nos.19/3A1A etc., in Amanikondlampatti Village, Salem Taluk, for the purpose of laying railway track from Salem to Karur.3. Previously there were batch of appeals which were disposed of by the common judgment of this Court dated 16.07.2009 in A.S.No...
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