Chennai Court June 2012 Judgments
Indian Overseas Bank Ltd. Vs. J. Haja Sheik Alawdeen
Court: Chennai
Decided on: Jun-28-2012
Prayer :-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., to set-aside the order passed by the learned Judicial Magistrate-I, Nagapattinam in Crl.M.P.No.2330 of 2009 in C.C.No.448 of 2001, dated 30.11.2009.ORDER1. The brief facts of the case are as follows:-The respondent herein / complainant has filed a case in C.C.No.448 of 2001, on the file of Judicial Magistrate, Nagappattinam, against the revision petitioners herein/accused for an offence under Section 409, 418, 467, 468 and 471 of I.P.C., stating that the complainant's father was doing wholesale and retail cooling glass business at Singapore in the name and style of "Abdul Razak Jubar". He had opened N.R.E.S.B. and S.B. account in three banks. The first accused herein is the Bank, wherein the complainant's father had his N.R.E.S.B. and S.B. accounts and the second accused is its Branch Manager in respect of accounts, viz., Indian Overseas Bank, Nagapattinam from Singapore, the account bearing No.9892-N.R.E.S.B and...
Tag this Judgment!Chennai Port Trust Vs. the Income Tax Officer
Court: Chennai
Decided on: Jun-28-2012
PRAYER: Tax Case (Appeal) Nos.1409 to 1412 of 2005 are filed under Section 201(A) of the Income Tax Act against the order of the Income Tax Appellate Tribunal dated 23.01.2003 made in I.T.A.Nos.816 to 819/Mds/2002.JUDGMENT(Judgment of the Court was delivered by CHITRA VENKATARAMAN,J.)1. The following is the substantial question of law raised by the assessee in the Tax Case Appeals filed against the order of the Tribunal:" Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in holding that the joint venture of H.C.C. Ltd and Van Oord ACZ (VOACZ) is not an Association of Persons and the payment made to the joint venture should be treated as a payment made to the foreign company and tax deducted at source on that basis?2. The assessee - Chennai Port Trust floated a tender for the breakwater construction project at Ennore Port. The contract was awarded to a joint venture of Hindustan Construction Company Ltd., a company registered u...
Tag this Judgment!A.Muthulakshmi Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Jun-28-2012
Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari to call for the entire records connected with the impugned order passed by the 1st respondent in G.O.MS.(3D)No.111 School Education (P1) department dated 3.11.2008, in so far as the condition of postponing the Head Mistress scale for a period of five years is concerned and consequential proceedings of the 2nd respondent in O.Mu.No.10308/L2/2010 dated 12.08.2010 and quash the same.O R D E RThis Writ Petition has been filed challenging the impugned order, passed by the first respondent, in G.O.Ms.(3D)No.111, School Education (P1) department, dated 3.11.2008, in so far as it fixes the pay scale of the petitioner, in the B.T.Scale, from 01.02.1988 to 01.02.1993, and the consequential order of the second respondent, dated 12.08.2010, reiterating the same.2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the responde...
Tag this Judgment!Venkatesan Alias Blade Venkatesan Vs. State Rep. by Inspector of Polic ...
Court: Chennai
Decided on: Jun-28-2012
Prayer: Criminal appeal filed under Section 374(2) r/w 401 of Cr.P.C., against the judgment of conviction and sentence, dated 29.05.2006, made in S.C.No.155 of 2006, on the file of the Additional District and Sessions Court, Fast Track Court No.III, Chennai.1. This Criminal Appeal arises out of the judgment of conviction and sentence, dated 29.05.2006, made in S.C.No.155 of 2006, on the file of the Additional District and Sessions Court, Fast Track Court No.III, Chennai, whereby the accused/appellant was convicted for the offence under Section 307 IPC and sentenced to undergo four years rigorous imprisonment.2. The respondent police has filed a charge sheet against the accused stating that on 26.09.2005, at 8.30 p.m., the accused has wrongfully restrained P.W.1, who was riding his rickshaw and directed him to take the accused in the rickshaw to the place that he mentioned. Since P.W.1 Loganathan is not willing to do that, the accused assaulted him with sickle and caused injury with an ...
Tag this Judgment!N.R.imayavaramban Vs. V.Ramakrishnan
Court: Chennai
Decided on: Jun-28-2012
Prayer :-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., to set-aside the judgment in C.C.No.205 of 2004, dated 21.02.2007 of Judicial Magistrate-II, Coimbatore, confirmed by the Additional District and Sessions Judge cum Fast Track Court-I, Coimbatore in C.A.No.88 of 2007, dated 11.07.2007 and call for the records and acquit the petitioner from all the charges.ORDER1. The respondent herein / complainant had filed a case in C.C.No.205 of 2004, on the file of Judicial Magistrate-II, Coimbatore, against the revision petitioner / accused for an offence under Section 138 of Negotiable Instruments Act, stating that the accused had received a sum of Rs.20,000/-, on 01.08.1999, as a loan, agreeing to pay interest at the rate of 24% per annum. In order to discharge the liability of the said loan amount, he had issued a cheque on 02.12.2000 for a sum of Rs.31,500/-, dated 20.12.2000. The said cheque was presented on 08.01.2001 for collection. It was returned unpaid. Hence, the ...
Tag this Judgment!M. Ravi Pudureddiyur Vs. G. Selvakumaran
Court: Chennai
Decided on: Jun-28-2012
Civil Revision Petition under Article 227 of the Constitution of India against the fair and decreetal order dated 20.01.2012 made in I.A. No: 1115 of 2011 in O.S. No: 26 of 2009 on the file of the District Munsif Court at Mettur.O R D E R1. This Civil Revision Petition is filed challenging the fair and decreetal order dated 20.01.2012 passed by the District Munsif, Mettur, in I.A. No: 1115 of 2011 in O.S. No: 26 of 2009.2. The revision petitioner is the plaintiff before the Court below who has filed a suit for recovery of a sum of Rs.1,00,000/- with subsequent interest from the date of filing of the suit. The suit was posted for filing written statement on 19.02.2010. As the defendant has not turned up, it was adjourned and on 23.02.2010 he was set ex-parte. An ex-parte decree came to be passed on 03.03.2010. Thereafter, the defendant filed I.A. No: 1115 of 2011 to condone the delay of 525 days in filing a petition to set aside the exparte decree dated 03.03.2010 on the ground that the...
Tag this Judgment!P.Jeyakumar Vs. the Commissioner of Municipal Administration Ezhilagam
Court: Chennai
Decided on: Jun-28-2012
PRAYER IN W.P.(MD).No. 8781/2011Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the second respondent to sponsor the name of the petitioner for the post of Sanitary Inspector to the first respondent and consequently, direct the first respondent to consider the case of the petitioner for appoint for the post of Sanitary Inspector on the basis of his employment seniority dated 20.09.1996 in the on going selection process scheduled to be held on 05.08.2011 by the first respondent.PRAYER IN W.P.(MD).No. 8782/2011Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the second respondent to sponsor the name of the petitioner for the post of Sanitary Inspector to the first respondent and consequently, direct the first respondent to consider the case of the petitioner for appoint for the post of Sanitary Inspector on the basis of his employment seniority dated 18.09.1996 in the on...
Tag this Judgment!Brothers Foundation Vs. the State of Tamil Nadu
Court: Chennai
Decided on: Jun-28-2012
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing Respondent Nos.3 and 4 from altering the structure of Anna Bus Stand situated at Meenatchipuram, Nagercoil, Kanyakumari District by making new construction within the Bus Stand Premises.ORDERR.BANUMATHI, J1. The petitioner seeks a Writ of Mandamus forbearing respondents 3 and 4 from altering the structure of Anna Bus Stand situated at Meenakshipuram, Nagercoil, Kanyakumari District and making new construction within the Bus Stand Premises.2. The petitioner is a registered Trust which is said to be interested in carrying on welfare activities. The main Bus Stand of Nagercoil is situated at Meenakshipuram, by name, Anna Bus Stand for all the Town Buses.3. The grievance of the petitioner is that the thousands of passengers are using the Bus Stand and that providing toilets is essential and while so, Respondents 3 and 4 are trying to demolish the public toilets and construct shops in t...
Tag this Judgment!E.Radhakrishnan Vs. Nirmala
Court: Chennai
Decided on: Jun-28-2012
Civil revision petition preferred against the order dated 23.12.2011 passed by the District Munsif Court, Ambattur, in E.P.No.23 of 2008 in R.C.O.P.No.45 of 2007.ORDER1. Animadverting upon the order 23.12.2011 passed by the District Munsif Court, Ambattur, in E.P.No.23 of 2008 in R.C.O.P.No.45 of 2007, this revision petition has been filed.2. The long and short of the germane facts in a few broad stroke can be encapsulated thus:(i) The revision petitioner herein is the 3rd party before the Executing Court relating to the Rent Control matters. Invoking Section 47 of the C.P.C. the petitioner herein filed the E.A.No.123 of 2010 seeking the following relief:"to declare that the order passed by this Hon'ble Court as un-executable dated in RCOP No.45/07 and to dismiss the above E.P.on the file of this Hon'ble Court."(extracted as such)(ii) After hearing both sides, the said E.A.was dismissed.3. Being aggrieved by and dissatisfied with the said order, invoking Article 227 of the Constitution...
Tag this Judgment!N.R.imayavaramban Vs. Shanmugamani
Court: Chennai
Decided on: Jun-28-2012
Prayer :-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., to set-aside the judgment in C.C.No.1023 of 2003, dated 21.02.2007 of Judicial Magistrate-II, Coimbatore, confirmed by the Additional District and Sessions Judge cum Fast Track Court-I, Coimbatore in C.A.No.87 of 2007, dated 11.07.2007 and call for the records and acquit the petitioner from all the charges.ORDER1. The respondent herein / complainant had filed a case in C.C.No.1023 of 2003, on the file of Judicial Magistrate-II, Coimbatore, against the revision petitioner / accused for an offence under Section 138 of Negotiable Instruments Act, stating that the accused had received a sum of Rs.76,000/-, on 09.03.1999, as a loan, agreeing to pay interest at the rate of 24% per annum. In order to discharge the liability of the said loan amount, he had issued a cheque for a sum of Rs.1,00,000/-, on 03.06.2000. The said cheque was presented on 27.12.2000 for collection. It was returned unpaid. Hence, the case was leve...
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