Chennai Court April 2012 Judgments
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Meerasa Sahib. Vs. Shahjahan.
Court: Chennai
Decided on: Apr-16-2012
ORDER1. The 1st respondent herein filed the suit in O.S.No.53 of 1989 on the file of the Principal District Munsif Court, Kallakurichi for specific performance of an agreement of sale against the 2nd respondent herein.2. The suit was decreed exparte on 19.7.1989. The 1st respondent/ Decree Holder filed Execution Petition to execute the decree passed in his favour and in that application the revision petitioner who claims to be the Power Agent of the 2nd respondent/ defendant in the suit filed E.P.No.91 of2002 to permit him to prosecute the case on behalf of the 2nd respondent and that application was dismissed and as against the same, this revision is filed.3. It is submitted by the learned counsel for the revision petitioner that the 2nd respondent is admittedly residing abroad and he has executed the power in favour of the revision petitioner to prosecute the case and to deal with the suit property and that power was misplaced and the 2nd respondent has also admitted having executed ...
Tvl.Viom Networks Limited Vs. Deputy Commercial Tax Officer.
Court: Chennai
Decided on: Apr-16-2012
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records in Goods Detention Notice 40/2011-12 dated 05.03.2012 on the file of the respondent and consequential order passed by the respondent in G.D.40/2011-12 dated 10.03.2012 and quash the same as illegal, arbitrary and against the procedure contemplated in law and direct the respondent to release the consignment goods to the petitioner.ORDER1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing on behalf of the respondent.2. By consent of both the parties, the writ petition is taken up for final disposal.3. In view of the similar orders passed by this Court, in a number of writ petitions, including the order, dated 21.12.2010, made in W.P.No.29050 of 2010, the following order is passed: i) The petitioner shall pay a sum of Rs.1,65,725/-, which is the amount of tax demanded by the authority concerned, whi...
M.Rishana Banu Vs. the Government of Tamil Nadu.
Court: Chennai
Decided on: Apr-16-2012
Prayer: This writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to release Thiru Amanullah, life convict No.6580 lodged at Central Prison, Coimbatore, husband of petitioner on parole.O R D E R1. The petitioner has approached this Court with a prayer for issuance of writ in the nature of Mandamus, directing the respondents to release husband of the petitioner Thiru Amanullah, life convict No.6580 lodged at Central Prison, Coimbatore on parole.2. Thiru Amanullah was convicted in a murder case and sentenced to life imprisonment in the year 1998. The petitioner has already undergone sentence of 14 years in jail. The petitioner is therefore eligible for premature release under the Government Order No.1762/87.3. Prior to filing of this writ petition, mother of the convict had filed W.P.No.11806 of 2011 for release of convict on parole to solemnize his marriage. This Court passed a detailed order and allowed par...
Chinnakannu Vs. K.Barathal Chettiyar
Court: Chennai
Decided on: Apr-16-2012
Civil revision petition preferred against the fair and decreetal orders dated 10.02.2011 passed by the learned Principal Subordinate Judge, Tiruvannamalai in E.A.No.182 of 2010 in E.A.No.228 of 2009 in E.P.No.48 of 2008 in O.S.No.72 of 2006.ORDER1. Animadverting upon the order dated 10.02.2011 passed by the learned Principal Subordinate Judge, Tiruvannamalai in E.A.No.182 of 2010 in E.A.No.228 of 2009 in E.P.No.48 of 2008 in O.S.No.72 of 2006, this civil revision petition is focussed.2. The parties are referred to here under according to their litigative status and ranking before the lower Court.3. A synoptic and succinct narration of facts, absolutely necessary and germane for the disposal of this revision would run thus:(i) O.S.No.72 of 2006 was filed by one K.Panduranga Chettiar as against three persons, viz., C.Elumalai, E.Chinnakannan and K.Janaki Ammal seeking the following reliefs:To pass a judgment and decree -(i) directing the first defendant to pay the plaintiff a sum of Rs.2...
A.K.Muthuswamy Vs. Securities Exchange Board of India
Court: Chennai
Decided on: Apr-16-2012
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the first respondent to dispose of the complaint of the petitioner dated 18.1.2011 read with the email dated 18.2.2011 in accordance with the provisions of Sections 11AA and 12 (1B) of the Securities and Exchange Board of India, 1992 read with the Securities and Exchange Board of India (Collective Investment Schemes), Regulations 1999 and the Securities and Exchange Board of India Advisory/Message for Investors dated 13.02.2008 and on merits and in accordance with law and pass such further or other orders.O R D E R:1. The petitioner being investor is investing in the share market, mutual funds and other schemes for the past several years. In the year 2006, ABM Amro Bank (now known as Royal Bank of Scotland NV) with whom the petitioner holds an account informed the petitioner about the investment opportunities in art funds. It was recommended to the petitioner to mak...
T.K.Gunasekar Vs. the Assistant Engineer
Court: Chennai
Decided on: Apr-16-2012
Prayer: This writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the entire records of the 1st respondent order made in Ka.No. U PC/O and M/Baratha/Ko. Thani/No.411/12 dated 17.03.2012 and quash the same and thereby direct the 1st respondent to restore petitioner's agricultural electricity service connection No.467-003-287/IV in S.No.396/5A for the borewell sitauated in S.No.396/4C D.P.Palayam Village, Paradarami, Gudiyattam Taluk, Vellore District.O R D E R1. The petitioner has approached this Court with a prayer for issuance of writ in the nature of Certiorari, for quashing the order Ka.No. U PC/O and M/Baratha/Ko. Thani/No.411/12 dated 17.03.2012, with consequential relief of writ in the nature of Mandamus, directing the 1st respondent to restore electricity service connection No.467-003-287/IV in S.No.396/5A for the borewell sitauated in S.No.396/4C D.P.Palayam Village, Paradarami, Gudiyattam Taluk, Vellore Distri...
M.Nagaraj. Vs. Tahsildar, and ors.
Court: Chennai
Decided on: Apr-16-2012
Writ Petition No.10073 of 2012 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent Tahsildar to issue Patta in favour of the petitioner in respect of the land in Survey No.646/1C of Mathuvarayapuram Village, Coimbatore South Taluk, Coimbatore of an extent to 0.50 Cents pursuant to the direction of the Joint Commissioner of Land Reforms in Na.Ka.576/2011/C2 dated 11.3.2011.Writ Petition No.10074 of 2012 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent Tahsildar to issue Patta in favour of the petitioner in respect of the land in Survey No.646/1B of Mathuvarayapuram Village, Coimbatore South Taluk, Coimbatore of an extent to 0.50 Cents pursuant to the direction of the Joint Commissioner of Land Reforms in Na.Ka.575/2011/C2 dated 11.3.2011.Writ Petition No.10075 of 2012 is filed under Article 226 of the Constitution of India praying to issue a ...
The Assistant Provident Fund Vs. the Employees Provident Fund.
Court: Chennai
Decided on: Apr-16-2012
PRAYERWrit petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the order of the first respondent passed in ATA No.857(13)05 and 437(13)06 dated 22.05.2009 and quash the same as illegal and consequently direct the 2nd respondent to remit/pay the damages computed under TN/MDU/2298/14(B)/1108/PDC(1)/2006 dated 09.06.2006,ORDER1. The petitioner in W.P.(MD) No.14440 of 2010 is a Mill, which has suffered an order under Section 14(b) of the E.P.F. Act for payment of damages for belated payment of the contribution under the E.P.F. Act (Shortly 'the Act'). The petitioner Mill preferred appeal against the order dated 09.06.2006 levying them damages to the Tribunal. The Tribunal, by the order dated 22.05.20090 reduced the damages by directing the authorities to collect damages at the rate of 5%, while the department levied 25%. The order of the appellate authority dated 22.05.2009 is challenged by the petitioner Mill in ...
A.Rajanayagam Vs. the Secretary to Government and ors.
Court: Chennai
Decided on: Apr-16-2012
PRAYERWrit petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned G.O.Ms.No.240, School Education Department, dated 18.08.2010 on the file of the respondent No.1 and quash the same as illegal and consequently to direct the respondent No.1 to provide the arrears of incentives with effect from 01.06.2003.ORDER1. The first petitioner has joined his service on 08.08.1979 as Part- time Vocational Instructor at Arulmighu Senthilandavar Government Boys Higher Secondary School, Tiruchendur through Employment Exchange. From 05.11.1984, he was a double part time Vocational Instructor. On 01.04.1990, he was absorbed in the post of Vocational Instructor. He was given time scale of pay. He acquired M.Com. and B.Ed.2. The second petitioner has joined his service on 09.02.1984 as part- time Vocational Instructor at V.O.C. Government Higher Secondary School, Ottapidaram in Thoothukudi District....
M.S.Alagarsamy Vs. the Secretary.
Court: Chennai
Decided on: Apr-16-2012
PRAYERWrit Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation on 02.03.2012 and extend the time for paying the debt in "Pannaisara Special Debt Scheme" dated 30.11.2010 and directing the first respondent to instruct the second respondent to receive the 75% of above said scheme balance amount (Rs.11,02,119/-), close the petitioner debt.ORDER [Order of the Court was made by R.BANUMATHI, J]1. Heard Mr.J.Mathesh, learned counsel appearing for the Petitioner.2. The Petitioner seeks a Writ of Mandamus, directing the first Respondent to consider his representation dated 02.03.2012 and extend the time for paying the debt in "Pannaisara Special Debt Scheme" dated 30.11.2010 and also directing the first respondent to instruct the second respondent to receive 75% of the above said scheme balance amount of Rs.11,02,119/- and close the Petitioner'...
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