Chennai Court June 2012 Judgments
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A.Sengotan. Vs. the Secretary to Government of Tamil Nadu.
Court: Chennai
Decided on: Jun-14-2012
Writ petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records relating to the proceedings of the 3rd respondent dated 01.08.2006 in Na.Ka.No.134/2006 and quash the same restricting the date of bringing the Petitioners into time scale with effect from 23.06.2006 onwards alone and to issue consequential direction to the respondents to bring the petitioners into the regular time scale from the date on which he completed three years consolidated pay services in the light of G.O.M.S.No.199 Municipal Administration and Water Supply Department dated 12.08.1997 and the G.O.M.S.No.84 Municipal Administration and Water Supply Department dated 21.05.1998 and the judgment of Division bench dated 23.06.2010 passed in W.A.No.385 of 2010 & 47 of 2010 with all consequential service and monetary benefits.O R D E R1. The prayer in the writ petition is to quash the proceedings of the third respondent dated 01.08.2006 restricting ...
St.Arokia Annai School. Vs. the Director of School Education and ors.
Court: Chennai
Decided on: Jun-14-2012
Prayer :Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the official respondents to consider the application of the 3rd respondent for NOC to seek CBSE affiliation, only for the Academic year 2013-2014, strictly subject to the relevant Act and rules governing grant of NOC and after considering the objection of the petitioner school.O R D E R1. The petitioner claiming to be a Christian School by name St.Arokia Annai Private School at Selliampatty Village in Palacode Taluk has come forward to file the present Writ Petition seeking for a direction to the official respondents to consider the application of the 3rd respondent School to grant CBSE affiliation and also request for No Objection Certificate for the Academic year 2013-2014, strictly subject to the relevant Act and rules governing grant of NOC and after considering the objection of the petitioner school.2. It is the case of the petitioner that the 3rd respondent School has no infra...
The State of Tamil Nadu. Vs. the Presiding Officer, and ors.
Court: Chennai
Decided on: Jun-14-2012
Petition filed under Article 226 of the Constitution of India, praying for issuance of writ of Certiorari to quash the proceedings of the first respondent in C.P.No.107/1989 dated 19.11.2003.O R D E R1. The State of Tamil Nadu has approached this Court by invoking the equitable writ jurisdiction of this Court, to challenge the Award passed by the learned I Additional Labour Court, Chennai, in awarding a sum of Rs.2,83,674.80 (Rupees Two Lakhs Eighty-three thousand Six hundred and Seventy-four and eighty paise only) to the workman under Section 33(c)(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').2. The Respondent No.4 was appointed as Lower Division Clerk on 9.5.1956. The services of the 4th Respondent were ordered to be terminated on 22.10.1972 and the order of termination was confirmed on 27.9.1975, in appeal.3. The Respondent No.4, challenged the order of his termination by filing a civil suit. The suit was decreed by the learned VIII Assistant Judge,...
Kottiah Vs. Koteeswara Rao
Court: Chennai
Decided on: Jun-14-2012
Second Appeal filed under Section 100 of Civil Procedure Code against the Judgment and Decree dated 06.07.2000 made in A.S.No.113 of 1998 on the file of the IV Additional City Civil Judge, Madras, reversing the judgment and decree dated 17.03.1997 made in O.S.No.3913 of 1995 on the file of the XII Assistant City Civil Judge, Madras.JUDGMENT1. This appeal is directed against the judgment and decree passed by first appellate court in A.S.No.113 of 1998 and in Cross Objection No.1353 of 1999 dated 06.07.2000 in reversing the judgment and preliminary decree passed by the trial court in O.S.No.3913 of 1995 dated 17.03.1997 in passing a preliminary decree for redemption in the suit.2. The appellants were the plaintiffs and the respondents were the defendants before the trial court.3. The case of the plaintiffs before the trial court as stated in the plaint would be as follows:- (a) The first plaintiff is the absolute owner of the schedule mentioned property. The first defendant is the p...
Ms.Karnataka State Road Transport Coporation. Vs. B.Gloria Xavier and ...
Court: Chennai
Decided on: Jun-14-2012
Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the fair and decretal order dated 31.01.2005 made in M.A.C.T.O.P.No.406 of 2003 on the file of the Motor Accidents Claims Tribunal (Fast Track Court-III), Poonamallee.JUDGMENT1. The Karnataka State Road Transport Corporation appealed against the award of the Tribunal challenging its liability and also the quantum of compensation.2. According to the learned counsel for the Transport Corporation, the claimants have not established that the accident was due to the rash and negligent driving of the bus driver. Further, they were granted excessive compensation.3. On the other hand, the learned counsel for the claimants would submit that eyewitness to the occurrence has established that the Corporation driver was at fault. But, there was no contra evidence. The Tribunal did not make correct deduction towards pleasure and other expenses from the income of the deceased. That has resulted in granting them...
The Board of Governors Vs. Shree Balaji Medical College and Hospital a ...
Court: Chennai
Decided on: Jun-14-2012
Prayer:-Writ Appeal filed under Clause 15 of Letter Patent against the order made in M.P.Nos.1 & 2 of 2012 in W.P.No.20451 of 2011, dated 07.06.2012.J U D G M E N T(Judgment of the Court was delivered by Justice D.Murugesan.)1. The writ appeal is at the instance of the Board of Governors in Super-session of Medical Council of India, questioning the interim direction ordered in M.P.No.1/2011 and M.P.No.2/2012 in W.P.No.20451 of 2011.2. The issue is with regard to the request of the first respondent Medical College and Hospital seeking increase in intake capacity of seats in M.B.B.S. Degree course from 100 to 250 for the year 2012-2013. By the impugned order, the learned Judge directed the Board of Governors in super-session of Medical Council of India [hereinafter referred to as 'Medical Council of India'] to make inspection of the first respondent College in terms of their application dated 15.11.2010 without insisting upon the production of Essentiality Certificate from the State ...
K.Sakthivel. Vs. the Assistant Commissioner of Income Tax
Court: Chennai
Decided on: Jun-14-2012
(Judgment of the Court was made by CHITRA VENKATARAMAN,J)1. The assessee is on appeal as against the order of the Income Tax Appellate Tribunal relating to assessment year for the period 1.4.1989 to 1990-91. The above Tax Case (Appeal) was admitted on the following substantial questions of law:-"a) Whether the notice issued under Sec.158 B.D. of the Income Tax Act 1961 is sustainable in law if it does not mention the block period ?b) Whether non-mentioning of the block period in the notice could be characterized as a curable defect, particularly in the teeth of judgments reported in:1) 75 I.T.D. 183 (All) (Verma Roadways V.Asst. Commissioner of Income Tax)2) 35 I.T.R. 388 (SC)(Narayana Chetty V. I.T.Officer)3) 82 I.T.R. 821 (SC)(CIT V. Kurpan Hussain)4) 59 I.T.R. 24 (Guj)(NyalchandMalukchandDagli V. CIT,Gujarat)5) 170 I.T.R.80 (Ker)(Sastkumar V. CIT)6) 107 I.T.R. 164 (Cal)(CIT V. HindustanMotors Ltd.)7) 267 I.T.R.179 (Indian Banks Assn. V.Devkala Consultancy)c) Whether the finding of t...
S.Thansingh and ors. Vs. the Secretary to Government of Tamil Nadu.
Court: Chennai
Decided on: Jun-14-2012
Writ petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records relating to the proceedings of the 3rd respondent dated 28.07.2006 issued in Na.Ka.No.30/2006 and quash the same restricting the date of bringing the petitioners into time scale with effect from 23.06.2006 onwards alone and to issue consequential direction to the respondents to bring the petitioners into the regular time scale from the date on which they completed three years consolidated pay services in the light of G.O.M.S.No.198 and 199 Municipal Administration and Water Supply Department dated 26.10.1998 and 12.08.1997 and the G.O.M.S.No.84 Municipal Administration and Water supply Department dated 21.05.1998 and the Judgment of Division Bench dated 23.06.2010 passed in W.A.Nos.47 and 385 of 2010 with all consequential service and monetary benefits.O R D E R1. The prayer in the writ petition is to quash the proceedings of the third respondent dated 2...
M.Baskaran Vs. the Director of School Education and ors.
Court: Chennai
Decided on: Jun-14-2012
This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first and third respondents herein to consider the petitioner's application for the compassionate appointment to the post of Physical Education Teacher in the Education Department within a stipulated time period as may be fixed by this Court.O R D E R1. Mr.S.P.Prabakaran, the learned Additional Government Pleader, takes notice for the respondents.2. The learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the third respondent is directed to dispose of the representation, dated 20.2.2006, on merits and in accordance with law, within a specified period.3. The learned Additional Government Pleader appearing on behalf of the respondents, has no objection for such an order being passed by this Court. 4. In view of the submissions made by the learned counsels appearing on...
A. Jahangir and ors. Vs. the Government of Tamil Nadu and ors.
Court: Chennai
Decided on: Jun-14-2012
Common Prayer: These Writ Petitions are filed under Article 226 of the Constitution of India, praying this Court to issue writ of Certiorarified Mandamus calling for the records relating to the impugned order of the first respondent in G.O.(2D)No.173, Commercial Taxes and Registration (A1) Department, dated 15.11.2011 and quash the same insofar as regularisation of petitioners' services from the date of issue of the said order is concerned and direct the respondents to regularise the services of the petitioners in the post of Office Assistant with effect from the date of their initial appointment viz., 12.1.1990, 10.8.1989, 3.2.1989, 19.4.1989, 3.3.1990, 2.9.1989, 1.4.1989, 23.4.1990, 31.3.1989 respectively, with monetary benefits and grant all consequential benefits.COMMON ORDER1. Mr.V.Subbiah, learned Special Government Pleader takes notice for the respondents.2. The prayer in all the writ petitions are to quash the G.O.(2D)No.173, Commercial Taxes and Registration (A1) Department, d...
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