Chennai Court July 2012 Judgments
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G.Rajendran. Vs. Sowridoss Alias Juline Franceuva and ors.
Court: Chennai
Decided on: Jul-24-2012
Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the preliminary decree dated 13.04.1998 made in O.S.No.666 of 1996 and final decree passed thereafter dated 29.10.1998 on the file of the Principal District Munsif, Karaikal.ORDER1. Animadverting upon the order dated 13.04.1998 passed in O.S.No.666 of 1996 and final decree passed thereafter dated 29.10.1998 by the learned Principal District Munsif, this civil revision petition is focussed.2. A thumbnail sketch of the germane facts necessary for the disposal of this revision would run thus:The learned counsel for the revision petitioner would echo the cri de coeur of his client to the effect that his client is in possession and enjoyment of the property found described in the schedule of the plaint in O.S.No.666 of 1996; while so, the plaintiffs and the defendants in that suit got a collusive decree and they are trying to execute such a decree for the purpose of unlawfully dispossessing the revisio...
M.Dhanabalan. Vs. Kavitha and ors.
Court: Chennai
Decided on: Jul-24-2012
Civil Revision Petition under Article 227 of the Constitution of India, against the order dated 11.6.2012 in Tr.O.P.No.31 of 2012 on the file of the Principal District Court, Salem.ORDER1. This Civil Revision Petition is filed challenging the order dated 11.6.2012 in Tr.O.P.No.31 of 2012 on the file of the Principal District Court, Salem.2. The revision petitioners are defendants 3 and 4 in O.S.No.1073 of 2010 on the file of the Principal District Munsif Court, Salem and the first revision petitioner is the plaintiff in O.S.No.150 of 2008 on the file of the I Additional Sub-Court, Salem.3. O.S.No.150 of 2008 has been filed for the relief of declaration, partition and permanent injunction and the same was posted for trial on 21.2.2012. The first respondent herein filed another suit in O.S.No.1073 of 2010 for permanent injunction and it was posted for examination of the plaintiff's evidence on 1.2.2012. The property involved in both the suits, the subject matter and the issues to be deci...
Selvaraja Achari. Vs. M.Rajeswari
Court: Chennai
Decided on: Jul-24-2012
Prayer: Petition filed under Article 227 of the Constitution of India, against the order dated 02.12.2009 in I.A.No.11191 of 2009 in O.S.No.7842 of 2006 on the file of the XVII Assistant Judge, City Civil Court, Chennai.ORDER1. The Revision Petitioner/Plaintiff has projected the present Civil Revision Petition as against the order dated 02.12.2009 in I.A.No.11191 of 2009 in O.S.No.7842 of 2006 passed by the Learned XVII Assistant Judge, City Civil Court, Chennai.2. The Learned XVII Assistant Judge, City Civil Court, Chennai, while passing the orders in I.A.No.11191 of 2009 in O.S.No.7842 of 2006 on 02.12.2009, has observed in paragraph 8 to the effect that 'However the court has ample powers to compare the signatures in the alleged documents and came to a conclusion. In the present suit evidence on both sides were closed and the suit was posted for argument. Hence as trial has been commenced and document have been marked, the sale agreement Ex.A8, vakalat of the defendant and depositio...
K.A.Panneerselvan. Vs. the Principal Chief Conservator of Forests
Court: Chennai
Decided on: Jul-24-2012
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 the records of the second respondent in his proceedings Na.Ka.No.175/05, Pa1 dated 11.11.2009 and to quash the same as illegal and direct the first respondent to reinstate the petitioner in service by altering the date of birth of the petitioner as 18.4.1952 as per the report of the Revenue Divisional Officer, Cheyyar dated 25.10.2007.O R D E R1. Heard the learned counsel appearing for the petitioner, as well as the learned counsel appearing on behalf of the respondents.2. It has been stated that the petitioner was appointed, as a Forest Guard, in the Forest Department, on 29.11.1979. At the time of his joining in service, the date of birth of the petitioner had been entered in the service records, as 1.11.1949, as per the school records, even though his actual date of birth is 18.4.1952. As the petitioner had learnt that his parents had g...
A.Venkatesan. Vs. Banu Sundaram and ors.
Court: Chennai
Decided on: Jul-24-2012
Civil revision petitions filed against the judgement and decrees dated 28.2.2012 passed by the VIII Small Causes Court, Chennai, in R.C.A.Nos.116 & 118 of 2011 confirming the orders dated 22.10.2010 passed by the XII Small Causes Court, Chennai, in M.P.No.263 of 2010 and RCOP No.1344 of 2009, respectively.COMMON ORDER1. Animadverting upon the the judgement and decrees dated 28.2.2012 passed by the VIII Small Causes Court, Chennai, in R.C.A.Nos.116 & 118 of 2011 confirming the orders dated 22.10.2010 passed by the XII Small Causes Court, Chennai, in M.P.No.263 of 2010 and RCOP No.1344 of 2009, respectively, these civil revision petitions are filed.2. The parties, for the sake of convenience are referred to hereunder according to their litigative status and ranking before the Rent Controller.3. Compendiously and concisely, the germane facts absolutely necessary for the disposal of both these civil revision petitions would run thus:(i) The respondent herein/landlady filed the RCOP...
P.Markkannathas. Vs. the District Collector and ors.
Court: Chennai
Decided on: Jul-24-2012
Prayer Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 3 to accord police protection for the petitioner for fencing the remaining portion of our property in S.Nos. 151(Part), 153/1(Part) 365/1(Part) of Harveypatty Panchayat, Thirupparankundram Villae, Madurai South Taluk, in Madurai District. ORDER 1. The petitioner is the Chairman of Bangaruammal Educational Trust. Its object is to establish and run educational institutions. With a view to promote the object of the Trust, the Trust purchased 1 acre and 60 cents along with some buildings comprised in S.Nos. 151(part), 153/1(Part), 365/1(Part) of Harveypatty Panchayat, Thirupparankundram Village, Madurai South Taluk, Madurai District and the Trust is running colleges under the name of Raj College of Education and Raj Teacher Training Institute at ...
Subramanian. Vs. Palani Alias Palniappan
Court: Chennai
Decided on: Jul-24-2012
Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order of the Subordinate Judge's Court at Kallakurichi, dated 22.11.2011 in I.A.No.118 of 2009 in A.S.No.160 of 2005.ORDER1. Animadverting upon the order dated 22.11.2011 passed in I.A.No.118 of 2009 in A.S.No.160 of 2005, by the learned Subordinate Judge, Kallakurichi, this civil revision petition is focussed.2. The epitome and the long and short of the germane facts, in a few broad strokes could be encapsulated thus:(i) The unsuccessful plaintiff in the suit preferred appeal and along with that he filed I.A.No.118 of 2009 with the following prayer:VERNACULAR (TAMIL) PORTION DELETED(ii) However, after hearing both sides, the petition was dismissed.3. Being aggrieved by and dissatisfied with the said order of dismissal in I.A.No.118 of 2009, this revision has been focussed on various grounds.4. The learned counsel for the petitioner would put forth and set forth his arguments bas...
N.Jagannathan. Vs.
Court: Chennai
Decided on: Jul-24-2012
ORDER(Order of this Court is made by P.JYOTHIMANI,J.)1. The Original Side Appeals, which we do not propose to take it now, arise from the orders passed by this Court in revoking the Letters of Administration already granted on 13.10.2004.2. The appellant has filed O.P.No.380 of 2004 for the purpose of issuance of Letters of Administration based on a Will dated 16.5.1992 alleged to have been executed by one Varaguna Rama Pandiya Chinnathambiyar, who is stated to be one of the descendants of the legal heirs of the Pandian Dynasty. In the Will, which has been annexed to the original petition filed by the appellant, the appellant has chosen to include 12 items of properties, which are as follows:1 Mayuranathasamy Koil at Rajapalayam, Properties, Aresiyarpatti Village, Rajapalayam, Kollankondan Vadakku Venganallur, Sompanthapuram, Alagapuri etc. under the control of above koil Trust run by Sivagiriyar2 Vaithiyanathasamy Koil and Andal Koil properties under the control of Sivagiriyar.3 Prope...
P. Mohan Ram. Vs. the Registrar of Co-operative Societies
Court: Chennai
Decided on: Jul-24-2012
PRAYER:This petition came to be numbered by transfer of O.A.No.3288 of 2002 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Certiorari, to quash the impugned order bearing Rc.No.1949/2000/EM.1 dated 29.5.2002 passed by the first respondent and extend all consequential benefits.O R D E R1. The petitioner prays for issuance of a writ in the nature of Certiorari, to quash the order of reversion of the petitioner from the post of Senior Inspector to the Junior Inspector.2. The petitioner joined the Co-operative department in the State of Tamil Nadu as temporary Junior Inspector of Co-operative Societies on 6.12.1985. The service of the petitioner was regularised and he was promoted as Senior Inspector of Co-operative Societies on 27.7.1998.3. The respondents without issuing show cause notice or giving any reasons, ordered the reversion of the petitioner from the post of Senior Inspector to Junior Inspector.4. The impugned order of reversion ...
Ms.Nicco Uco Alliance Credit Limited. Vs. the Deputy Commissioner of I ...
Court: Chennai
Decided on: Jul-24-2012
PRAYER: Tax Case Appeals filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal "B" Bench, Chennai, dated 20.1.2005 in ITA No.26/(Mds)/97 and ITA No.59(Mds)/98.JUDGMENT(Judgment of the Court was delivered by CHITRA VENKATARAMAN,J.)1. The following is the substantial question of law raised by the assessee as against the order of the Income Tax Appellate Tribunal in respect of the assessment years 1993-94 and 1994-95:" Whether on the facts and in the circumstances, the Tribunal was right in disallowing the claim of the appellant for deduction of Rs.36,22,691/- being receivables arising in the course of business which have become irrecoverable and reduced from the profits for the year? "2. The assessee herein is a non-banking finance company, engaged in the business of hire purchase financing and equipment leasing. While completing the the assessment under Section 143(3), the Assessing Officer disallowed the provision for doubtful debts...
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