Chennai Court April 2012 Judgments
C.Annamalai Vs. R.Balu
Court: Chennai
Decided on: Apr-27-2012
Second Appeal is filed against the judgment and decree dated 26.04.2006 in A.S.No.55 of 2004 on the file of the first Additional District Judge, Salem reversing the judgment and decree dated 12.08.2003 in O.S.No.366 of 1998 on the file of the Additional District Munsif, Salem.J U D G M E N T1. The present Second Appeal was brought by the plaintiff aggrieved by the impugned judgment and decree passed by the learned first appellate Court reversing the judgment and decree passed by the trial court. In this Second Appeal, the plaintiff is the appellant and the defendant is the respondent.2. Brief facts leading to the filing of the present Second Appeal are given hereunder:(i) It was the case of the plaintiff/appellant before the trial Court that the suit property along with the adjacent property was purchased by the mother of the plaintiff, Arayammal by a registered sale deed from the previous owners on 23.10.1956. After the death of the mother and father of the plaintiff, both the plainti...
Tag this Judgment!Ms.Advait Steel Rolling Mills Vs. Union of India and ors.
Court: Chennai
Decided on: Apr-27-2012
Prayer calling for all the records relating to the Circular bearing F. No.6/2/2008 - SEZ (pt)dt 30.6.2008 issued by the 1st respondent herein and quash the same and forbear the respondents herein their men and agents from levying a duty of customs being export duties on goods removed from any place in India (outside a Special Economic zone) to a Special Economic Zone inside India.COMMON ORDER1. Heard the learned counsels appearing on behalf of the petitioners, as well as the learned counsels appearing on behalf of the respondents.2. The above writ petitions have been filed by the petitioners, being aggrieved by the levying of duty of customs on the goods moved from various places in India, situated outside the Special Economic Zones, into the Special Economic Zones in India. Some of the writ petitioners have challenged the Circular bearing F.No.6/2/2008-SEZ (pt), dated 30.6.2008, issued by the Department of Commerce (SEZ) Section, Ministry of Commerce and Industry, Government of India....
Tag this Judgment!Brindavathi. Vs. the Director General of Police
Court: Chennai
Decided on: Apr-27-2012
Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to consider the claim of the petitioner for promotion as Inspector of Police for the year 2004 and promote the petitioner as Inspector of Police with all consequential service and monetary benefits on par with the petitioner's juniors.ORDER1. The prayer in the writ petition is to direct the respondents to consider the claim of the petitioner for promotion to the post of Inspector of Police for the year 2004 and promote her as Inspector of Police with all consequential service and monetary benefits on par with the petitioner's juniors.2.The case of the petitioner is that she was appointed as Police Constable Grade-I on 11.02.1981 and thereafter, promoted as Head Constable in the year 1990 and further, posted as Woman Sub-Inspector of Police as per the proceedings of the Superintendent of Police, Dharmapuri dated 16.07.1996.2.1. As the petitioner was due for promoti...
Tag this Judgment!K.Renuka Vs. the Director of School Education.
Court: Chennai
Decided on: Apr-27-2012
Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records relating to the impugned publication dated 21.4.2012 in Thina Thandhi News Paper issued by the 5th respondent - Secretary/ Correspondent W.T. Masilamani Mudaliar Higher Secondary School, Walajabad inviting eligible candidates for the interview to be held on 28.4.2012 to fill up the P.G.Assistant (Botany)and Physical Educational Teacher in the school and quash the sameO R D E R1. Heard Mr.R.Thiagarajan, learned senior counsel appearing for the petitioner, Mr.Dig Vijaya Pandian, learned Additional Government Pleader taking notice for the respondents 1 to 3 and Mrs.G.Thilagavathi, learned Counsel for the respondents 4 and 5.2. The petitioner taking advantage of the order passed by this Court in W.P.No.17527 of 2012 has come forward to file this Writ Petition challenging the notification issued by the 5th respondent-the Secretary and Correspondent, W.T.Masilamani Mudali...
Tag this Judgment!K.Rajendran. Vs. the Deputy Registrar of Co-operative Societies
Court: Chennai
Decided on: Apr-27-2012
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to furnish free of cost the various documents, more particularly the 6000 documents, which are to be used against the petitioner in the surcharge enquiry held into the surcharge notice Tha Thi 1/2011-12 Sa Pa dated 22.11.2011 under Section 87 of the Tamil Nadu Coop Societies Act 1983.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to furnish free of cost the various documents, more particularly the 6000 documents, which are to be used against the petitioner in the surcharge enquiry held into the surcharge notice Tha Thi 1/2011-12 Sa Pa dated 22.11.2011 under Section 87 of the Tamil Nadu Coop Societies Act 1983.2. Mr.L.P.Shanmugasundram, learned Additional Government Pleader takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal.3. The only gri...
Tag this Judgment!Mr.A.Nagarajan. Vs. the President and ors.
Court: Chennai
Decided on: Apr-27-2012
Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the 1st respondent to grant building permission to the petitioner in respect of the petitioners plots in S.F.No.347/1A, in Kadampadi Village, Sulur, Coimbatore District, after receiving all the necessary charges as per law.O R D E R1. Heard the learned counsel appearing for the petitioner, and the learned Government Advocate appearing for the respondents.2. Though the prayer is for a larger relief, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the first respondent is directed to dispose of the representation, dated 29.01.2012, on merits and in accordance with law, within a specified period.3. The learned Government Advocate appearing on behalf of the respondents, has no objection for such an order being passed by this Court.4. In view of the submission made by the learned counsels appearing on either side, the first responde...
Tag this Judgment!C. Karpagavalli Vs. the District Collector.
Court: Chennai
Decided on: Apr-27-2012
PrayerWrit Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pursuant to the Notification issued by the second respondent dated 15.02.2011 and quash the same and consequently to direct the respondents to appoint the petitioner as Anganwadi Worker at Noon Meal Centre, Kalugasalapuram, Kovilpatti Taluk, Thoothukudi District based on her qualification.ORDER1. The petitioner completed 10th standard. She belongs to Schedule Caste community. She registered her name with employment exchange and the Registration Number is W/2716/2000. Applications were called for from eligible candidates for 356 Anganwadi Workers in various taluks of Tuticorin District by the first respondent on 26.03.2010. The petitioner applied for the post of Anganwadi worker, as the post of Anganwadi worker was vacant in the Noon Meal Centre at Kalugasalapuram in Tuticorin District. A letter dated 16.04.2010 was sent by the third ...
Tag this Judgment!Friends Industrial Training Centre Vs. the Director General of Employm ...
Court: Chennai
Decided on: Apr-27-2012
Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to issue National Trade Certificates to 68 Mechanic Motor Vehicle Trainees and 16 Electronic Mechanic Trainees of the petitioner-Institute and who were issued with Provisional Certificates by the second respondent.O R D E R1. The petitioner has approached this Court, with a prayer for issuance of a Writ, in the nature of Mandamus, directing the respondent No.1, to issue National Trade Certificates to 68 Mechanic Motor Vehicle Trainees and 16 Electronic Mechanic Trainees of the petitioner-Institute, who have been issued Provisional Certificates by the respondent No.2.2. The petitioner is an Industrial Training Institute, established in the year 1984, to impart industrial training to the downtrodden and depressed people. The Institution run by the registered Society, called "the Friends of Kottar", under the control of Catholic Diocese of Kottar, is a mi...
Tag this Judgment!Ms.Sri Hari Agency Vs. the Commissioner of Customs
Court: Chennai
Decided on: Apr-27-2012
Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 and 2 herein to permit the clearance of the 124 units of secondhand Digital Multifunction Print & Copying Machines forming the subject matter, vide Bill of Entry No.595252 dated 11.8.2010, under free import as second hand capital goods as provided under para 2.17 read with definition under para 9.12 of the Foreign Trade Policy of 2009-14, without imposing any restriction in the absence of any specific notification issued by the third respondent restricting the import of the said goods under Section 5 read with Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992.COMMON ORDER1. Since, the common issues involved in all the writ petitions are similar in nature, they have been taken up together and a common order is being passed.2. Heard the learned counsels appearing on behalf of the petitioners, as well as the learned counsel appearing on ...
Tag this Judgment!Ms.Tarapore and Co. Vs. the Deputy Commissioner of Income Tax
Court: Chennai
Decided on: Apr-27-2012
PRAYER: Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961, against the order of the Tribunal dated 26.07.2005 made in I.T.A.No.1666 of 1997 on the file of the Income Tax Appellate Tribunal ChennaiJUDGMENT(Judgment of the Court was delivered by CHITRA VENKATARAMAN,J.)1. The following are the substantial questions of law raised by the assessee on which this Tax Case Appeal was admitted by this Court:1. Whether the Tribunal was right in law in holding that the sum of Rs.55,72,981/- is to be treated as income even though the assessee has disclosed the value of goods as part of closing stock?2. Whether the Tribunal is right in law in ignoring that the role of the assessee with regard to the goods supplied by supplier is only that of a bailee and so the value of goods cannot constitute income in its hands?2. Learned counsel appearing for the assessee submits that he is not pressing the second substantial question of law. An endorsement to that effect has also been made by ...
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