Chennai Court April 2012 Judgments
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Lakshmi Trade Credits Limited. Vs. the State of Tamil Nadu.
Court: Chennai
Decided on: Apr-04-2012
Tax Case Revisions to revise the order of the Tamil Nadu Sales Tax Appellate Tribunal (Additional Bench), Chennai dated 1.2.2000 in T.A.No. 500/99, 501/99 and 502/99 respectively.CHITRA VENKATARAMAN; K.RAVICHANDRA BAABU, JJ.ORDER(Order of the Court was made by CHITRA VENKATARAMAN,J)1. The assessee is on revisions as against the order of the Tribunal. The above revisions are admitted on the following common questions of law:-(i) Whether for imposition of penalty under Section 16(2) of the Tamil Nadu General Sales Tax Act, 1959, a finding of wilful non disclosure is necessary?(ii) Whether, when the petitioners had completely disclosed their turnover pertaining to the transaction with Alsa, but only claimed deduction, the petitioners could be stated to have not disclosed their turnover within the meaning of Section 16(2) of the Tamil Nadu General Sales Tax At, 1959?"2. The assessment years under consideration are 1994-95, 1995-96 and 1996-97 respectively. The petitioner is a c...
P.Marimuthu. Vs. the Chairman and Managing Director Tamil Nadu Sugar C ...
Court: Chennai
Decided on: Apr-04-2012
Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ in the nature of mandamus, directing the respondent to settle the terminal benefits like Gratuity, leave salary in revised scale with 12% interest from the date of retirement of the petitioner.VINOD K.SHARMA, J.ORDER1. The petitioner was appointed as Chief Sugar Chemist in Tamil Nadu Sugar Corporation Ltd. on 01.04.1991. The petitioner retired from service on attaining the age of superannuation on 30.06.1997 without prejudice to the outcome of the enquiry by the directorate of vigilance and Anti corruption in the proceedings No.7433/90/E2 dated 29.06.1997. The petitioner after retirement made number of representation for settlement of the retiral dues of the petitioner, but till date no dues have been settled.2. The case of the petitioner is that along with the petitioner there were other eight persons involved in the vigilance enquiry. The enquiry against eight persons st...
M.Kala Rani. Vs. the District Collector Coimbatore, and ors.
Court: Chennai
Decided on: Apr-04-2012
Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ in the nature of mandamus, forbearing the respondents from initiating Revenue Recovery proceedings with respect to the property measuring an extent of 97 cents comprised in S.No.617/2 (Part) and 617/3 Kuniamuthur Village, Coimbatore South.VINOD K.SHARMA, J.ORDER1. The petitioner has approached this Court with the prayer for issuance of a writ in the nature of mandamus, forbearing the respondents from initiating Revenue Recovery proceedings with respect to the property measuring 97 cents comprised in S.No.617/2 (Part) and 617/3 Kuniamuthur Village, Coimbatore South.2. The pleaded case of the petitioner, is that the property measuring 2 acres comprised in S.No.617 in Kuniamuthur Village, Coimbatore together with the right of way in S.No.616 was purchased by the petitioner, her mother-in-law Santha, and Uma Rani, sister of her father-in-law vide sale deed dated 17.02.1992.3. Therea...
M/S. Eta General Pvt. Ltd. Vs. P. Usha and Another
Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
Decided on: Apr-04-2012
(The 1st Respondent as complainant filed a complaint before the District Forum, against the opposite parties praying for direction to the opposite parties to replace the defective air-conditioner machine or return the sale consideration of Rs.30,900/- along with interest at the rate of 18% p.a., to pay a sum of Rs.1,000/- spent by her as incidental charges for transport and installation, to pay a sum of Rs.10,000/- as damages for the unfair trade practice and deficiency in service and a sum of Rs.500/- towards the cost. The District Forum allowed the complaint directing the opposite parties to replace the machine or to refund Rs.30,900/-, Rs.5,000/- towards compensation and Rs.250/- as costs. Against the said order, this appeal is preferred praying to set aside the order of the District Forum, Tiruchirappalli dated 30.11.2009 in C.C.No.246/2008. The appeal coming before us for hearing finally on 26.3.2012, upon hearing the arguments of appellant and respondent and perusing the document...
E.M.Gowr.Rangarajan Vs. State Bank of India
Court: Chennai
Decided on: Apr-03-2012
PRAYERWrit Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari, to call for the records in Crl.M.P.No.2415 of 2011, dated 20.07.2011 and quash the same.ORDER [Order of the Court was made by R.BANUMATHI, J]1. The Writ Petitioner has sought for a Writ of Certiorari to call for the records in Crl.M.P.No.2415 of 2011, dated 20.07.2011 and quash the same and to pass appropriate orders.2. Earlier, on 08.02.2012, the Writ Petitioner has undertaken to pay a sum of Rs.4,00,000/- (Rupees four lakhs only) to the First Respondent-Bank. On such undertaking on 08.02.2012, the Division Bench has passed the following order:"2. The petitioner undertakes to pay a sum of Rs.4,00,000/- (Rupes Four Lakhs only) to the first respondent-Bank. As and when such payment is made, the first respondent shall put the petitioner in possession of the house property situated at Old No.27/2 and New Door No.63/2, Nadu Gujili Street, Trichy Taluk in Municipal in O...
K.Asuvathi Vs. the Secretary to Government and ors.
Court: Chennai
Decided on: Apr-03-2012
PRAYERWrit petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to call for the records pertaining to the impugned proceedings of the third respondent in Na.Ka.No.06224/A1/2011, dated 05.03.2012 and quash the same.ORDER1. The petitioner was appointed as Secondary Grade Teacher on 18.02.1982. She was in possession of old S.S.L.C. i.e. he studied upto 11th standard. Thereafter, she obtained Diploma in Teacher Education. Based on the same, she was appointed as Secondary Grade Teacher. She was, thereafter, promoted as Primary School Headmaster on 28.10.2005. The Educational Qualification for the Primary School Headmaster is the same as that of a Secondary Grade Teacher and therefore, there is no difficulty. While so, the petitioner obtained B.Lit decree in October 2006.2. The Government issued government order in G.O.Ms.No.180 Personnel and Administrative Reforms Department, dated 11.09.2000, stating that the degree awarded by the Open Unive...
A.Parasuraman Vs. the Superintendent of Police
Court: Chennai
Decided on: Apr-03-2012
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 of the 3rd respondent issued in L.Dis.2585/A6/1 dated 13.10.2001 by the Assistant Treasury Officer, Chidambaram / 3rd respondent fixing the pension of the petitioner at Rs.2650/- per month and effecting recovery of Rs.23,356/- from the monthly pension of the petitioner in instalments since August 2001 and quash the same and direct the respondents to pay the monthly pension of Rs.3250/- as already fixed under G.O.Ms.No.200 Finance (Pay Cell) Department dated 18.05.1999 to the petitioner together with arrears of monthly recoveries so far made and interest on the arrears of difference of pension at 18%.O R D E R1. The petitioner joined as Police Constable on 12.10.1951 and was promoted as Head Constable on 24.12.1962. The petitioner was temporarily promoted as Sub-Inspector of Police on 13.11.1972 and regularized on 19.03.1975.2. The pet...
Rev Dr.ColIn L.Raymond Vs. Rev Dr.J.Samuel Sudhakar
Court: Chennai
Decided on: Apr-03-2012
PRAYER: Appeal filed under Order XXXVI, Rule 9 of O.S.Rules r/w. Clause 15 of Letters Patent, praying for the relief stated therein.J U D G M E N T[Judgment of the Court was delivered by P.JYOTHIMANI, J.]1. This Original Side Appeal is preferred against the common order dated 6.7.2011 made in O.A.No.515 of 2011 and A.No.2769 of 2011 in C.S.No.407 of 2011.2. Heard the learned counsel on either side and perused the materials placed on record.3. The plaintiff is the appellant herein. The appellant filed the suit for declaration that the defendants are ceased to be the members of the Selet Vestry/Pastorate Committee of Christ Church at No.56, Anna Salai, Chennai-2 after 8.5.2011, apart from declaring that the discharging of duties by the defendants, as members of the Selet Vestry/Pastorate Committee, as null and void and for a consequential injunction.4. Pending the said suit, the appellant filed two applications, one seeking an order of injunction restraining the defendants from dischargi...
Babu Vs. Duraisamy Iyengar
Court: Chennai
Decided on: Apr-03-2012
This civil revision petition is preferred as against the order dated 10.11.2011 passed by the learned Principal District Munsif, Kancheepuram in E.A.No.135 of 2011 in E.P.No.50 of 2010 in RCOP No.13 of 1998.ORDER1. Animadverting upon the order dated 10.11.2011 passed by the learned Principal District Munsif, Kancheepuram in E.A.No.135 of 2011 in E.P.No.50 of 2010 in RCOP No.13 of 1998, this civil revision petition has been focussed.2. Heard both sides.3. A summation and summarisation of the relevant facts, absolutely necessary and relevant for the disposal of this civil revision petition would run thus:The respondent, who got the eviction order in the Rent control proceedings as against the revision petitioner, filed E.P.No.50 of 2010. While so, E.A.No.135 of 2011 was filed by the revision petitioner/judgment debtor herein to get stay of the Execution proceedings, pending disposal of the petition filed to get the delay in filing the application to get the RCA restored on the file of th...
D.Pandi Vs. Tamil Nadu State Transport.
Court: Chennai
Decided on: Apr-03-2012
PRAYERWrit petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to permit the petitioner to join duty in the post of Driver at Virudhunagar Branch, Virudhunagar Region of the Tamil Nadu State Transport Corporation (Madurai) Ltd., and to further direct the respondents to pay wages to the petitioner in the post of Driver with effect from 02.07.2011 to till the date of providing duty.ORDER1. The petitioner joined the second respondent Transport Corporation as a Driver on 29.07.2008. Thereafter, immediately, he was sent to third respondent Corporation. He worked with the third respondent from 01.08.2008 to 06.11.2009. Thereafter, he was again sent to second respondent Corporation. While he was working in the second respondent Corporation on 04.07.2010, he was involved an accident with a two wheeler and the same resulted in the death of the rider. Based on the same, he was denied duty from 05.07.2010. However, he was...
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