Chennai Court February 2012 Judgments
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The Managing Director Vs. the Presiding Officer
Court: Chennai
Decided on: Feb-14-2012
Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ in the nature of Certiorari, to call for the records relating to I.D.No.68/2003 dated 28.03.2010 on the file of the first respondent and quash the same.O R D E R1. The Management of Tamilnadu State Transport Corporation Limited, has approached this Court to quash the award, passed by the learned Labour Court, Cuddalore, ordering payment of Rs.3,60,000/- (Rupees Three Lakhs and Sixty Thousand only) to the legal heirs of the deceased respondent.2. The facts are not disputed. Thiru Rajendran was working as Driver with the petitioner Management since 20.05.1988. The deceased workman was issued charge memo on 29.12.1995 under the Service Rules for absence from duty. An enquiry Officer was appointed, who conducted the enquiry, wherein principles of natural justice were complied with. The Management was allowed to prove the charges by producing relevant documents, showing that the deceased res...
Ms.F.K.M.Steels Vs. Assistant Commissioner (Ct)
Court: Chennai
Decided on: Feb-14-2012
W.P.No.1353 of 2012:This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the proceedings of the respondent in Pdl.178/2010/A2 dated 29.6.2010 and quash the same and direct the respondent to restore the sales tax registration under TNVAT and CST Act. W.P.No.1354 of 2012:This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the proceedings of the respondent in Pdl.178/2010/A2 dated 29.6.2010 and quash the same and direct the respondent to restore the sales tax registration under TNVAT and CST Act. W.P.No.1355 of 2012:This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the proceedings of the respondent in Pdl.178/2010/A2 dated 29.6.2010 and quash the same and direct the respondent to restore the sales tax ...
S.V.Kanakaraj Vs. the District Collector
Court: Chennai
Decided on: Feb-14-2012
Writ petition filed under Article 226 of the Constitution of India, praying for the issue of Writ of Mandamus directing the respondents 1 and 2 to consider the representation of the petitioner dated 20.06.2011 and not to approve the layout of fourth respondent and pass such orders.O R D E R1. The petitioner has approached this court with the prayer for issuance of a writ in the nature of a Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 20.06.2011, and not to approve the lay out of the fourth respondent.2. The averments made in the affidavit, filed in support of the petition do not show how the District Collector is concerned for approval of lay out plan.3. There is no legal obligation of the first respondent, to grant or reject lay out plan. Therefore, it can safely said that the first respondent has been wrongly impleaded as party.4. In support of the prayer in the affidavit, it is pleaded that the petitioner owns the land measuring ...
T.Selvan Vs. Labour Court
Court: Chennai
Decided on: Feb-13-2012
Prayer in W.P.No.13038 of 2004: Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records from the file of 1st respondent in I.D.No.349 of 1999 dated 6.10.2003 and quash the same and further direct the 2nd respondent to reinstate the petitioner with continuity of service and back wages.COMMON ORDER1. In all these Writ Petitions, the petitioners were workers employed by the 2nd respondent Coimbatore Pioneer Mills Limited, Unit II at Periyanaickenpalayam. The Writ Petitioners have challenged a common award passed by the Labour Court, Coimbatore in I.D.No.349, 438, 459, 412, 364, 441, 445, 443, 469, 429, 414, 458, 446, 386, 409, 378 and 377 of 1999 dated 6.10.2003. Though the Common Award referred to non-employment of 126 workers, only 79 petitioners are before this Court. The first batch of Writ Petitions were admitted on 30.4.2004. Subsequently, in 2007 one V.Palanisamy and 61 other workers have filed W.P.No.25700 of 20...
The Commissioner of Income Tax-i Vs. Ms Gec Alsthom India Ltd.
Court: Chennai
Decided on: Feb-13-2012
Appeal filed under Section 260A of the Income Tax Act, 1961, against the common order of the Income Tax Appellate Tribunal, Chennai 'A' Bench, Chennai, in I.T.A.No.1924/ Mds/1993 dated 18.02.2004 for the Assessment Year 1987-88.J U D G M E N T(Judgment of the Court was delivered by D.MURUGESAN, J.)1. This Tax Case Appeal is at the instance of the Revenue questioning the order passed by the Chennai 'A' Bench, Chennai, in I.T.A.No.1924/ Mds/1993 dated 18.02.2004 for the Assessment Year 1987-88, on the following questions of law:- 1. Whether in the facts and circumstances of the case, the Tribunal was right in holding that the assessing officer had in the guise of rectifying an arithmetical mistake sought to rectify a debatable question of law?2.Whether the re-calculation of the eligible profit under Section 32AB by deleting the expected return of customs duty, which was not included in the computation of income is an error rectifiable under Section 154 of the Income Tax Act?2.The assesse...
G.Jayakumar Vs. the Joint Registrar of Co-operative Societies
Court: Chennai
Decided on: Feb-13-2012
Writ Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, after calling for the concerned records relating to the impugned proceedings of the first respondent issued in Na.Ka.12060/04/B1, dated 28.7.2007 and order in Na.Ka.121306/2007, dated 25.6.2008 passed by the third respondent and quash the same and consequently direct the respondents to reinstate the petitioner with all consequential benefits.ORDER1. The Writ Petition under Article 226 of the Constitution of India is filed, praying for the issuance of a Writ of Certiorarified Mandamus, after calling for the concerned records relating to the impugned proceedings of the first respondent issued in Na.Ka.12060/04/B1, dated 28.7.2007 and order in Na.Ka.121306/2007, dated 25.6.2008 passed by the third respondent and quash the same and consequently direct the respondents to reinstate the petitioner with all consequential benefits.2. Facts of the case as culled out from the a...
S.Antony Jayaraj Vs. the Registrar of Co-operative Societies
Court: Chennai
Decided on: Feb-13-2012
This Writ Petition has been preferred under Article 226 of Indian Constitution praying for issue of a Writ of certiorarified mandamus, calling for the records relating to the proceedings made in RC.No.8892/2006/A.1(1) dated 29.12.2006 and order made in RC.No.8892/2006/A.1(2) dated 29.12.2006 passed by the second respondent and quash the same and consequentially direct the respondents to pay all the retirement benefits to the petitioner.O R D E R1. The petitioner is holding the rank of Sub-Registrar. At the relevant time, he was a Special Officer incharge of more than 13 Primary Agricultural Cooperative Bank as the Board of Director was superseded. In one such society where the petitioner was incharge as the Special Officer, namely Annur Primary Co-operative Bank, Annur, an enquiry was ordered by the Deputy Registrar of Cooperative Societies under Section 18 of the Tamil Nadu Cooperative Societies Act with reference to the functioning of the Society. After enquiry, it was found there wa...
Ms.Hotel Chandra Towers Ltd Vs. Henry Isidore and ors.
Court: Chennai
Decided on: Feb-13-2012
Prayer:- Second Appeal against the judgment and decree dated 23.3.2011 in A.S.No.418 of 2010 on the file of the II Additional Judge, City Civil Court, Chennai reversing the judgment and decree dated 24.2.2010 in O.S.No.4448 of 2006 on the file of the I Assistant Judge, City Civil Court, Chennai.JUDGMENT1. The plaintiff is the appellant.2. The plaintiff filed the suit for declaration of title and for permanent injunction restraining the respondents/defendants from interfering with their rights and enjoyment of the suit property.3. The case of the plaintiff/appellant is that the plaintiff company is the owner of the building consisting of two blocks viz., new and old consisting of 45 rooms two restaurants, a bar and a conference hall in the new block and 40 rooms in the old block with leasehold right in the land in Door No.9, Old No.2A, Gandhi Irwin Road, Egmore, Chennai measuring about 7 grounds and 1952 sqft which absolutely belonged to the first defendant. The plaintiff company was or...
C.Balasubramaniyan Vs. Dass Alias Yesudass
Court: Chennai
Decided on: Feb-13-2012
Criminal Revision Case is filed under Section 397 and 401 Cr.P.C praying to set aside the judgment in C.A.No.68 of 2010, dated 24.08.2011 on the file of the Fast Track Court No.1, Tiruchirappalli confirming the judgment in C.C.No.26 of 2006 dated 26.05.2010 on the file of the Judicial Magistrate No.II, Tiruchirappalli.ORDER1. The sole accused, who was prosecuted before the learned Judicial Magistrate No.2, Tiruchirappalli by the respondent herein in C.C.No.26 of 2006, a case instituted on private complaint for an alleged offence punishable under section 138 of the Negotiable Instruments Act 1881, has come forward with the criminal revision case, after suffering a conviction for the said offence in the trial court, namely the court of Judicial Magistrate No.2, Tiruchirappalli and confirmation of the same by the appellate court, namely the Court of Additional Sessions Judge (Fast Track Court No.I), Tiruchirappalli in C.A.No.68 of 2010. Both the courts below have rendered a concurrent fin...
E. Venugopal Vs. the State of Tamil Nadu
Court: Chennai
Decided on: Feb-13-2012
JUDGMENT(Judgment was delivered by ELIPE DHARMA RAO, J.)1. This writ appeal has been filed against the order dated 19.8.2011 passed by the learned single Judge of this Court in W.P. No.6195 of 2009, whereby the writ petition was dismissed.2. The case of the appellant is that his father, who was working as Office Assistant in the third respondent-Committee, died on 8.1.1986. His mother sent an application on 27.2.1986 to the third respondent seeking to provide appointment to the appellant on compassionate ground. However the same was rejected since she was working as Teacher in Local Administration Department. Thereafter, after seven years of his father's death, the appellant made a representation on 11.9.1993 seeking for employment assistance on compassionate ground. Based upon the same, the third respondent had recommended the case of the appellant. In the meantime, the appellant, in his application dated 18.2.1995, had given his consent for posting him as Office Assistant and the sai...
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