Chennai Court April 2012 Judgments
Mrs.R.Chandra and ors. Vs. Chennai Metropolitan Development Authority ...
Court: Chennai
Decided on: Apr-26-2012
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to receive, consider, process and approve the petitioners' application for demolition and reconstruction by issuing planning permission, building permit for developing the lands at Flats in Block Nos. 138 to 148 Geethanjali colony, 7th Avenue, Anna Nagar West, Chennai.40 comprised in S.No. 185 (part) 186 (Part) and 187 (part) in Padi Village at Anna Nagar, admeasuring 70618 sq. ft. For putting up a residential building without insisting upon the No Objection Certificate from the third respondent or any other Authorities so long as the proposed new construction activities is in accordance with the Development Control Rules.O R D E R1. Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to receive, consider, process and approve the petitioners' application for demolition and reconstruction by issuing plannin...
Tag this Judgment!Brakes India Limited. Vs. Tamil Nadu Generation and Distribution and o ...
Court: Chennai
Decided on: Apr-26-2012
Writ Petition No.7897 of 2012 is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari, calling for the records of the second respondent's impugned Memo.No.CE/Comml./EE/R&C/AEE/F.R&C/D.No.70-1/12 dated 12.03.2012 culminating in the third respondent's Lr.No.SEV/DFC/RCS/AS/A1/F.R&C/2012 dated 17.03.2012, quash the same.COMMON ORDER1. This Writ Petition No.7897 of 2012 is filed praying to issue a Writ of Certiorari, calling for the records of the second respondent's impugned Memo.No.CE/Comml./EE/R&C/AEE/F.R&C/D.No.70-1/12 dated 12.03.2012 culminating in the third respondent's Lr.No.SEV/DFC/RCS/AS/A1/F.R&C/2012 dated 17.03.2012, quash the same.2. The prayer sought for in all the writ petitions are identical. Hence, by consent, all the writ petitions are taken up together for final disposal.3. Thiruvalargal AR.L.Sundaresan, learned senior counsel for R.S.Pandiyaraj, Krishna Srinivas for M/s. Ramasubramaniam and Associates, N.L.Raja, V...
Tag this Judgment!Tamilnadu Petroproducts Limited. Vs. the Deputy Commissioner (Ct) and ...
Court: Chennai
Decided on: Apr-26-2012
W.P.No.22321 of 2009 is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records on the file of the first respondent herein in Rc.No.401/2008/A2, dated 29.9.2009 culminating in the Demand vide in Rc.No.401/2008/A2, dated 20.10.2009 and quash the proceedings dated 29.9.2009 as illegal and contrary to law.W.P.No.22322 of 2009 is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records on the files of the second respondent herein in the Eligibility Certificate No.8/X/D/D, dated 28.12.2009 and quash paragraph 5.3 of the said eligibility certificate issued by the second respondent as contrary to the scheme of deferral available to new industry, which is an independent diversification industry, apart from being ultra vires the notification No.II(1)/CTRE/157/91 (G.O.P.No.396), dated 10.9.1991 issued under Section 17-A of the Tamil Nadu General Sales Tax A...
Tag this Judgment!A.Geetha Vs. Union of India and ors
Court: Chennai
Decided on: Apr-26-2012
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the respondents 2, 5, 3 and 4 in connection with the orders passed by them in No.PB/SIC dated 7/9-8-2003, No.PB/SIC/60/8 dated 28.10.2004, PC-VI/80/No.PC-V/99/1/6/1, RBE No.37/2009, dated 19.02.2009 and No.PB/SI.26/659796/AG dated 07.04.2009 and the order passed in O.A.No.490 of 2009 dated 23.08.2010 respectively, and quash the same and direct the respondents to either grant the Special Pay with effect from the date of the grant of the same to the petitioner's junior, namely, Smt.Salma Begum or award equal scale of pay to that of the petitioner's junior above named with effect from the date of higher pay that of the petitioner received by her junior with all monetary and service benefits.O R D E R(Order of the Court was made by Justice Elipe Dharma Rao.)1. Challenging the orders, dated 28.10.2004 passed by the se...
Tag this Judgment!K.U.Prabhu Raj Vs. State by Sub Inspector of Police,
Court: Chennai
Decided on: Apr-26-2012
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.937 of 2010 on the file of the learned Judicial Magistrate No.1, Tambaram and quash the same.ORDER1. Painful is it to live in a friendless town; but for more painful is it to part from one s lover. Thus speaks Thiruvalluvar in 1158 couplet of Thirukural:Deep love, between a grown up man and woman and exchange of promise for marital ties, broke down irretrievably. Nothing was done on the promise. The woman calls him a cheat. Whether it is cheating as defined in Section 415 I.P.C Let this be resolved in this case.2. The petitioner is the sole accused in C.C.No.937 of 2010 on the file of the learned Judicial Magistrate No.1, Tambaram. The second respondent is the defacto complainant in this case. The said case has been instituted on a police report submitted by the first respondent alleging that the petitioner has committed offences punishable under Sections 417 and 420 I.P.C. Seeking to...
Tag this Judgment!Smt.C.A.Amina and ors. Vs. the District Collector and ors.
Court: Chennai
Decided on: Apr-26-2012
This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for records of the Legal heirship certificate dated 29.9.2010 ref vide No.Pa.Mu.No. 3862/A6/2010 issued by the Tahsildar, Alandur 2nd respondent and quash the same and revoke the Legal heirship certificate dated 29.9.2010 ref vide No.Pa.Mu.No.3862/A6/2010 issued by the Tahsildar, Alandur 2nd respondent in favour of Rahmathunissa, 13th respondent and to direct the District Collector, Kanchipuram, 1st respondent herein to proceed against the Thasildar, Alandur, Deputy Tahsildar, the Revenue Inspector, Village Administrative Officer 2nd, 3rd, 4th and 5th respondents respectively.O R D E R1. Heard the learned counsel appearing for both sides.2. It has been stated that the Tahsildar, Alandur, the second respondent herein, had issued a legal heirship certificate, in Pa.Mu.No.3862/A6/2010, dated 29.9.2010, in favour of Rahamathunissa, the thirteen re...
Tag this Judgment!Ms.integrated Finance Co. Ltd. Vs. the Deputy Commissioner of Income T ...
Court: Chennai
Decided on: Apr-26-2012
PRAYER: Tax Case Appeal filed under Section 260A of the Income Tax Act against the order dated 09.03.2005 in I.T.A.No.1433/Mds/1998 on the file of the Income Tax Appellate Tribunal, Madras "A" Bench, for the assessment year 1994-95.JUDGMENT(Judgment of the Court was delivered by CHITRA VENKATARAMAN,J.)1. This Tax Case (Appeal) filed by the assessee was admitted on the following substantial question of law:" Whether on the facts and the circumstances of the case, the Tribunal was right in law in holding that the appellant is not entitled to claim depreciation in respect of the assets given under hire purchase transaction by virtue of the Board Circular No.689 dated 24.8.1994?2. The assessee is a non-banking finance company. In respect of the assessment year 1994-95, the assessee claimed depreciation on hire purchase assets under hire purchase transaction. The assessee claimed that they being the owner of the assets and that the hirer not having claimed the depreciation, they were entitl...
Tag this Judgment!V.Kannan Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Apr-26-2012
Writ Petition filed under Article 226 of Indian Constitution praying to issue a Writ of Certiorarified Mandamus calling for the records, quash the proceedings of the third respondent in Na.Ka.No.139167/MP4/S1/04 dated 22.11.2004 and the consequent order passed by the second respondent in his proceeding Ref.No.4579 FW/A3/04 dated 30.08.2005 and consequently direct the respondents to fill up the post of District Extension Educator, as per the proceedings of the Secretary to Government, Health & Family Welfare Department in L.No.20942/02/93-1 dated 17.03.1993 and promote the petitioner as per seniority and merits.O R D E R1. The petitioner seeks to quash the proceedings of the third respondent in Na.Ka.No.139167/MP4/S1/04 dated 22.11.2004 and the consequent order passed by the second respondent in his proceeding Ref.No.4579 FW/A3/04 dated 30.08.2005 and consequently direct the respondents to fill up the post of District Extension Educator, as per the proceedings of the Secretary to Go...
Tag this Judgment!Anbalagan. Vs. the Sub Divisional Executive Magistrate
Court: Chennai
Decided on: Apr-26-2012
This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records of the order of the Sub Divisional Executive Magistrate and Revenue Divisional Officer, Krishnagiri, dated 23.5.2011 in case No.1/2011 and quash the same.ORDER1. This writ petition raises the question of true interpretation of the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short MAWOPASC Act) and the rules framed thereunder. In this writ petition, the petitioner challenges the order passed by the Sub Divisional Executive Magistrate-cum-Revenue Divisional Officer, Krishnagiri, dated 23.5.2011. Perhaps this is the first case received by his office under this Act which is in force for three years. The petitioner is none other than the son of the third respondent herein.2. By the impugned order, the first respondent held that the petitioner cannot claim any right over the properties enjoyed by the t...
Tag this Judgment!N.R.C. Limited Vs. B.Vidhyadar Vyas
Court: Chennai
Decided on: Apr-26-2012
Prayer: Criminal Appeal filed under Section of 378 Cr.P.C., against the judgment of acquittal, dated 05.05.2003, made in C.C.No.515 of 2001 on the file of the Judicial Magistrate's Court No.III, Salem.J U D G M E N T1. The Criminal Appeal arises out of the judgment of acquittal, dated 05.05.2003, made in C.C.No.515 of 2001 on the file of the Judicial Magistrate's Court No.III, Salem.2. The appellant herein as a complainant filed a complaint against the respondent/accused for the offence under Section 138 of Negotiable Instruments Act, stating that the respondent herein as a Proprietor of the Concern viz., M/S.Chitra Silk Trading Company, Shevvapet, Salem and he had business transaction with the complainant for the past 10 years. Since the outstanding due was to the tune of Rs.31,68,007/-, the complainant made a request to the respondent/accused to repay the dues. Hence, the respondent/accused issued three cheques, dated 26.05.2001 of Tamil Nadu Mercantile Bank Limited, Shevvapet, beari...
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