Chennai Court February 2012 Judgments
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M.Peer Mohammed Vs. the Government of Tamil Nadu
Court: Chennai
Decided on: Feb-09-2012
PRAYER: This petition came to be numbered by transfer of O.A.No.3814 of 2001 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Certiorari, to quash the impugned order of the respondent in G.O.(3D) No.61, Highways, (HL-1) Department, dated 02.03.2001.O R D E R1. The petitioner has approached this Court with the prayer for issuance of a writ in the nature of Certiorari, to quash the order dated 02.03.2001 vide which the punishment of stoppage of one increment with cumulative effect has been imposed on the petitioner.2. The petitioner was served with the charge memo on the allegation of negligence. The first charge against the petitioner was that he had neglected the duties and responsibilities in planting of 1000 seedlings from NH47 to Manaltheri road (via) Savarikothalam, by entrusting it to a private contractor Thiru S.Sadasivam. The enquiry officer did not find the petitioner guilty of charge.3. The second charge against the petitioner wa...
R.Narayanamoorthy Vs. the Registrar
Court: Chennai
Decided on: Feb-09-2012
Prayer- Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for records pertaining to the order dated 15.11.2011 passed by the first respondent in M.A.No.59/2009 confirming the order passed by the second respondent in I.A.No.128 of 2008 in O.A.No.618 of 1997 dated 13.01.2009 and quashing the same and further direct the third respondent to summon the Bank Witness P.W.1 for cross-examination in O.A.No.618 of 1997 pending on the file of the second respondent.O R D E R(Order of the Court was made by Justice P.Jyothimani.)1. The present writ petition is filed against the order of the Debt Recovery Appellate Tribunal confirming the order of the Debt Recovery Tribunal in refusing to grant permission to the borrower to cross-examine the officer of the Life Insurance Corporation, who has filed proof affidavit in respect of the claim made in O.A.No.618 of 1997.2.Admittedly, the third respondent/Life Insurance ...
B.Manimaran Vs. the Presiding Officer
Court: Chennai
Decided on: Feb-09-2012
Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records and papers from the files of the 1st Respondent relating to I.D.No. 141 of 2004 and quash its impugned Award dated 21.05.2007 in so far as it has rejected the claim of the Petitioner for reinstatement in service with back wages with continuity of service and with all other attendant benefits; to award costs.O R D E R1. The Writ Petition is filed by the petitioner, who was employed by the 2nd respondent Hospital at Vellore. In this Writ Petition, the petitioner has come forward to challenge an award passed by the 1st respondent Labour Court, Vellore in I.D.No.141 of 2004 dated 21.05.2007. By the impugned award, the Labour Court in lieu of reinstatement computed a sum of Rs.1 Lakh to be paid to him. Not satisfied with the other claims, the rest of the claim made in the claim statement was dismissed by the Labour Court. The Writ Petition came to be filed challenging th...
R.Shanmugam Vs. T.C.Lakshmi
Court: Chennai
Decided on: Feb-09-2012
Prayer: Appeal Suit filed under Section 96 of Civil Procedure Code against the Judgment and decree dated 20.12.2002 made in O.S.No.19 of 2002 on the file of Additional District Judge (Fast Track Court No.2), Cuddalore.JUDGMENT(Judgment of the Court was made by R.BANUMATHI,J.)1. Challenge in this appeal is the judgment and decree dated 20.12.2002 in O.S.No.19 of 2002 on the file of Additional District Judge (Fast Track Court No.2), Cuddalore, in and by which the suit filed by the appellant/plaintiff society came to be dismissed.2. The plaintiff society acquired properties in various places in the State of Tamil Nadu. The plaintiff society entered into an agreement with T.D.Govindarajulu, the husband of 1st defendant/1st appellant. In the said agreement, the appellant society has paid advance of Rs.10,00,000/- out of the total sale consideration of Rs.15,92,500/-. By the Order of the Government, a Special Officer was appointed to manage the affairs of the Society. The plaintiff society f...
Good Shepherd Evangelical. Vs. Meenakshi Achi
Court: Chennai
Decided on: Feb-09-2012
J U D G M E N TP.JYOTHIMANI, J.1. These appeals arise from a common order dated 29.4.2011 passed by a learned Single Judge in Application Nos.2357 and 5193 of 2010 in C.S.No.83 of 1965 and Application No.5301 of 2010 in C.S.No.686 of 2000. While appellant filed Application Nos.2357 and 5193 of 2010 in C.S.No.83 of 1965 for impleading itself, namely Good Shepherd Evangelical Mission Private Limited, formerly known as The Siloam Evangelical Mission Private Limited, as the 64th defendant in the suit stated above and to implead or substitute the appellant either in the place of Andiappan (7th defendant) or VR.M.Meenakshi Sundaram Chettiar (25th defendant) or M.Veerappan (26th defendant) respectively, Application No.5301 of 2010 in C.S.No.686 of 2000 has been filed by the appellant, which was arrayed as 10th defendant in the said suit, to transpose it as the third plaintiff in C.S.No.686 of 2000. All the applications came to be dismissed by the learned Single Judge, against which the presen...
Arulmigu Agneeswara Swamigal Vs. G.Shanmugam
Court: Chennai
Decided on: Feb-09-2012
Second Appeal filed under Section 100 C.P.C. against the Judgment and Decree dated 28.01.1998 made in A.S.No.36 of 1997 on the file of the Learned Additional District Judge, Nagapattinam reversing the Judgment and Decree in O.S.No.255 of 1995 dated 24.06.1996 on the file of the Learned District Munsif, Nannilam.J U D G M E N T1. The Appellant/Plaintiff (Temple) has filed the present Second Appeal as against the Judgment and Decree dated 28.01.1998 in A.S.No.36 of 1997 passed by the Learned Additional District Judge, Nagapattinam in reversing the Judgment and Decree dated 24.06.1996 in O.S.No.255 of 1995 passed by the Learned District Munsif, Nannilam.2. The First Appellate Court, viz. the Learned Additional District Judge, Nagapattinam, while passing the Judgment in A.S.No.36 of 1997 on 28.01.1998, has opined that the lease of fishery right for the Fasli year 1404 was not at all enjoyed by Appellant/Defendant even after Ex.A2 dated 17.02.1995 and such fact was not communicated to the H...
Habib Rahman Vs. Meera Sahib
Court: Chennai
Decided on: Feb-09-2012
Criminal Revision Case filed under Section 397 and 401 Cr.P.C praying for an order setting aside the order dated 06.07.2011 made in Cr.M.P.No.5019 of 2011 in Crime No.81 of 2009 on the file of the Principal District Munsif-cum- Judicial Magistrate, at Thiruchendur dismissing the protest petition filed by the revision petitioner and directing the said court to take cognizance of the offences cited in the protest petition.ORDER1. The submissions made by Mr.A.S.Mujibur Rahman, learned counsel for the revision petitioner and Mr.M.Ajmal Khan, learned counsel for the respondents 1 to 7 and by Mrs.S.Prabha, learned Government Advocate (Criminal side) representing the 8th respondent were heard. The grounds of revision, impugned order of the court below and the connected documents produced in the form of typed set of papers were also perused.2. The de-facto complainant in crime No.81 of 2009 registered on the file of the Kulasekarapattinam police station is the revision petitioner in the presen...
Sree Vishnu Bottles Vs. the State of Tamil Nadu
Court: Chennai
Decided on: Feb-09-2012
PRAYER in W.P.No.1295 of 2012: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus forbearing the respondents from interfering with the right of the petitioner to transport the old empty bottles from State of Tamilnadu to other States.PRAYER in W.P.No.1296 of 2012: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus forbearing the respondents from interfering with the right of the petitioner to transport the old empty bottles from State of Tamilnadu to other States.COMMON ORDER1. Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing on behalf of the respondents.2. Since, the facts and the circumstances arising for consideration in both the above writ petitions are the same, a common order is passed.3. It has been stated that the petitioners are dealers in old empty bottles and corrugated boxes, registered with the Commercial Taxes Department, und...
Kadirvelu Pillai Vs. V.Arjunan
Court: Chennai
Decided on: Feb-09-2012
JUDGMENT1. This appeal is filed by the defendant as against the judgment and decree dated 20.11.2007 passed by the Principal Sub Judge, Pondicherry, in O.S.No.167 of 2004, which was filed for specific performance of an agreement to sell.2. The parties, for convenience sake, are referred to here under according to their litigative status and ranking before the trial Court.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:(i) The respondent herein, as plaintiff, filed the suit as against the appellant/defendant seeking the following reliefs:.to pass a judgement and decree in favour of the plaintiff as against the defendant:i) directing the defendant to execute sale deed in favour of the plaintiff and to deliver possession of suit property as per the sale agreement dated 10.2.2004 executed by the defendant in favour of the plaintiff after receiving the balance sale consideration of Rs.10,00,000/- fro...
Ms.Motel Highway Vs. the State of Tamil Nadu, Rep.by
Court: Chennai
Decided on: Feb-09-2012
Revision under Section 38 of the Tamil Nadu General Sales Tax Act 1959, and Rule 30 of the Tamil Nadu General Sales Tax Rules, 1959, filed against the order of the Tamil Nadu Sales Tax Appellate Tribunal (Additional Bench), Chennai, dated 05.03.1999 in T.A.No.702 of 1996.ORDER(Order of the Court was made by D.MURUGESAN,J.,)1. This tax case revision is at the instance of the assessee being aggrieved by the order of the Tamil Nadu Sales Tax appellate Tribunal dated 05.03.1999 made in T.A.No.702 of 1996.2. The facts given rise to the present revision are as follows:The assessee is the dealer in food and drinks, doing business at No.89, Bangalore Trunk Road, Thirumazhisai, Chennai. The assessment year in question is 1993-94. The assessee had reported a total and taxable turnover of Rs.12,26,584.19 and Rs.11,16,854.51 in the monthly returns. The accounts were called and checked and it was noticed that on 23.01.1994, there was a change in the constitution and the assessee did not file an app...
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