Chennai Court February 2012 Judgments
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Paramasivam Vs. the State
Court: Chennai
Decided on: Feb-16-2012
PrayerCriminal Revision case filed under Section 397 r/w Section 401 of Criminal Procedure Code, to call for the records to the order dated 20.01.2012 in Cr.M.P.No.514 of 2012, passed by the learned Judicial Magistrate No.II, Kovilpatti in Crime No.375 of 2011, of the respondent/Police and to set aside the same.ORDER1. The person claiming to be the owner of the vehicle, namely, Hero Honda Motor Cycle bearing Registration No.TN 67 R 1657, Engine No. 02J 25E 10990, Chasis No.02L 26F 03371, which was produced as a case property before the learned Judicial Magistrate No.II, Kovilpatti in Crime No.375 of 2011, on the file of Kayathar Police Station is the petitioner in the present revision case.2. The above said case in Crime No.375 of 2011 was registered based on the complaint given by one Pondi, the brother of the revision petitioner that somebody caused mischief by setting fire to the above said vehicle and also 3 other vehicles. Admittedly vehicles were seized by the police and were pro...
S.S.Naveen Kumar Vs. the Tamilnadu Dr.M.G.R. Medical
Court: Chennai
Decided on: Feb-16-2012
Petition under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the first respondent to consider the petitioner's representation dated 5.8.2011 and 17.8.2011 and transfer the petitioners son S.S.Naveen Kumar, Registration No. 52108981 studying MBBS course in the second respondent college to any other college for pursuing his remaining course.ORDER1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of mandamus, to direct the first respondent, to consider the petitioner's representation dated 5.8.2011 and 17.8.2011 and transfer the petitioner S.S.Naveen Kumar, Registration No. 52108981 studying MBBS course in the second respondent college, to any other college for pursuing his remaining course. In support of the prayer it is pleaded by the petitioner as under:- I,S.Selvaraj, Son of P.Shanmugavel, aged about 49 years, residing at No.34, Plot No. 86, Swami Vivekananda Nagar, K.Pudur, Madurai 625 007, now tempo...
G.Kannammal Vs. the District Collector
Court: Chennai
Decided on: Feb-16-2012
Prayer: Writ petition is filed under Article 226 of Constitution of India for issuance of a writ in the nature of Declaration, to declare the action of respondent in terminating the service of the petitioner orally as null and void, arbitrary, unconstitutional and consequently reinstate the petitioner with all consequential benefits. (prayer amended as per order dated 23.12.2011)O R D E R1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Certiorari, to challenge the order of respondent in terminating the service of the petitioner as null and void, arbitrary, unconstitutional with consequential relief of reinstatement with all consequential benefits.2. However, the petitioner has not laid any foundation to challenge the order of termination. Nor the impugned order is placed on record, in pursuance to the liberty given to the petitioner to amend the prayer clause, but the petitioner, while amending the prayer, did not amend the pleadings to ...
Ms.Adiyaman Textiles Ltd Vs. the Commercial Tax Officer
Court: Chennai
Decided on: Feb-16-2012
W.P.Nos.32128 and 32129 of 2007 and 23415 and 23416 of 2008 are preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the impugned proceedings of the first respondent passed in TNGST/3301735/2004-05, dated 31.7.2007, TNGST/3301735/2005-06, dated 29.06.2007, TNGST/3301735/2005-06, dated 01.09.2008 and TNGST/3301735/2006 upto December 2006, dated 01.09.2008 and quash the same insofar as assessing the turnover of Rs.1,04,04,972/-, Rs.1,37,55,402/-, Rs.6,89,94,769/- and 88,68,086/- respectively at 2% along with penalty, relating to cotton yarn manufactured by the petitioner employing additional spindles in their unit and which is against the order passed by the Division Bench of this court in W.P.No.17127 of 2002 dated 15.12.2005.COMMON ORDER1. These writ petitions came to be posted before this court on being specially ordered by the Hon'ble Chief Justice.2.The petitioner in all the four writ petitions are one and the same compan...
Ms.Scci India (P) Ltd Vs. the Assistant Commissioner (Ct)
Court: Chennai
Decided on: Feb-16-2012
Prayer: This petition has been filed seeking for a writ of Certiorari calling for the records of the respondent in his proceedings in TNGST/0680778/2006-07 dated 21.02.2011 and quash the same as illegal.O R D E R1. Heard the learned counsel for the petitioner and the learned counsel for the respondent.2.It has been stated that the petitioner is a dealer in Radiator Coolant. The petitioner has been supplying the Radiator Coolant to the Tamil Nadu State Transport Corporations. It has been further stated that, as per the notification issued by the Government, in G.O.Ms.No.91, CT(B-2), dated 16.07.2002, Radiator Coolants are taxed at 4%, under the Tamil Nadu General Sales Tax, 1959. Further, the respondent had issued the impugned order, dated 21.02.2011, levying Sales Tax, at 12.6%, on the ground that the relevant documents had not been filed by the petitioner to show that the Radiator Coolants had been supplied to the Tamil Nadu State Transport Corporations.2. The learned counsel appearin...
Kalaimathi Vs. Dhanasekar
Court: Chennai
Decided on: Feb-16-2012
PrayerCriminal Revision case filed under Section 397 r/w Section 401 Cr.P.C against the order of dismissal of a complaint filed under Section 138 of Negotiable Instruments Act, for default on 22.06.2011 in S.T.C.No.1721 of 2009, on the file of the Judicial Magistrate, Karaikudi.ORDER1. Heard both sides.2. The Complainant in S.T.C.No.1721 of 2009, on the file of the learned Judicial Magistrate, Karaikudi is the petitioner in the present revision case.3. The said criminal case was instituted on a private complaint against the respondent for his prosecution and conviction for an offence under Section 138 of Negotiable Instruments Act. After the case was taken on file following the Private Complaint Procedure, summons were served on the respondent and the respondent appeared. Therefore,the petitioner/Complainant continued to be absent for a number of hearings.4. At last when the matter came up before the learned Judicial Magistrate, Karaikudi for hearing on 22.06.2011, the complainant was ...
M.Loganathan Vs. the Government of Tamilnadu
Court: Chennai
Decided on: Feb-16-2012
Writ petition is filed under Article 226 of Constitution of India for the issuance of writ of certiorarified mandamus calling for the entire record on the files of 4th and 3rd respondents respectively pertaining to notification issued by 4th respondent u/s. 4 (1-A) of the Land Acquisition Act 1984, published in Thiruvallur District Gazette on 30.03.2007 and the notification issued by the 3rd respondent published under Sec.6 of the Land Acquisition Act, 1894, published in the Tamilnadu Government Gazette Part VI Section-1 on 14.05.2008 and any further proceedings issued pursuant to the same and quash the same in so far as the lands of the petitioner comprised in Survey No.17/2A of Thiruninravur village, Poonamallee Taluk and Thiruvallur District is concerned and to direct the respondents 1 and 2 to form the outer ring road through the alternate alignment passing through the M.G.R.Nagar, Uzhaippalar nagar and Srivignarajan Nagar etc., situate in Survey Nos.3,4,6,18,18,484,485,541,542 and...
A.S.Dhanapal Vs. the Deputy Registrar of Co-operative
Court: Chennai
Decided on: Feb-16-2012
PRAYER: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records on the file of the 2nd respondent relating to the order in Tha.Thee.3/2006-07 dated 17.8.2006 and quash the same.O R D E R1. The challenge in this writ petition is to the order passed by the second respondent dated 17.08.2006 in proceedings Tha.Thee.3/2006-07, with a prayer to quash the same.2. The petitioner was working in the Cooperative Department as Attender and he was promoted as Secretary (In-charge) of Ambur Co-op. Land Development Bank Ltd. He reached the age of superannuation on 31.3.1997 and he was allowed to retire from service on the same day. He has also been disbursed with all retirement benefits.3. An enquiy was conducted under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 [hereinafter referred to as 'Act'] in respect of the affairs of Ambur Cooperative Primary Agricultural and Rural Development Bank and a report was also furnis...
The State of Tamil Nadu Vs. Tvl.Maps and Agencies
Court: Chennai
Decided on: Feb-16-2012
Memorandum of Grounds of Tax Case Revision under Section 38 of the Tamil Nadu General Sales Tax Act, 1959 against the order dated 20.11.96 of the Tamil Nadu Sales Tax Appellate Tribunal (Additional Bench), Chennai passed in T.A.No.243 of 1995 for the assessment year 1989-90.ORDER(Order of the Court was delivered by D.MURUGESAN, J.)1. This tax case revision, at the instance of the Revenue, is filed questioning the order of the Tamil Nadu Sales Tax Appellate Tribunal (Additional Bench), Chennai in allowing the appeal filed by the respondent-assessee.2. The respondent-assessee are the dealers of goods for indoor and outdoor games. They had sold the goods such as wisdom blocks, magnetic letters, animal and bird figures (plastic), rolled up black board etc. For the assessment year 1989-90, they reported a total and taxable turnover of Rs.21,97,667.50 and Rs.Nil respectively in the Form A1 returns under the TNGST Act. On verification of their account books, the assessing officer found that t...
D. Natarajan Vs. the Assistant Director of Animal
Court: Chennai
Decided on: Feb-16-2012
Petition under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the records relating to the impugned order of the first respondent in Na.Ka. No. 1810/ Aa/ 97 dated 3.1.2001 and the consequential order of recovery in Na.Ka. No. 1810/Aa/97 dated 3.1.2001 and quash the same in so far as the petitioner is concerned.ORDER1. The petitioner prays for issuance of a writ in the nature of certiorari to quash the impugned order of the first respondent in Na.Ka. No. 1810/ Aa/ 97 dated 3.1.2001 and also the consequential order of recovery in Na.Ka. No. 1810/Aa/97 dated 3.1.2001.2. The facts of the case reads as under,The petitioner is working as Radiographer, Clinician Centre, Veterinary Hospital, Salem 1, Salem District. He was initially appointed as Lab Assistant on 2.3.1984. He was promoted as Radiographer on 15.5.1998. As per the orders of the Government in G.O.Ms.No. 2258, Food and Agriculture Department dated 19.9.1956, the qualifications ...
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