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Chennai Court July 2012 Judgments

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Jul 20 2012

Sri Pranathi Educational and Charitable Trust. Vs. All India Council f ...

Court: Chennai

Decided on: Jul-20-2012

W.P.No.16171 of 2012 is preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the first respondent herein to forthwith consider the application of the petitioner in 1-740008791 for starting of a new polytechnic institution in the name and style 'Sri Pranathi Polytechnic College' at No.141/1C, Mettupalayam village, Kovilpalayam post, Pollachi Taluk, Coimbatore district for the academic year 2012-13 pursuant to the status report relating to the institution published in the web-portal of the AICTE as "No Deficiency noted".W.P.No.16777 of 2012 is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records of the first respondent relating to its order in F.No.Southern/2012/1-740008791_LOR dated 26.6.2012 and quash the same and to direct the first respondent herein to forthwith reconsider the application of the petitioner in 1-740008791 for starting of a ne...


Jul 20 2012

R.John Duraisamy. Vs. the District Elementary Educational

Court: Chennai

Decided on: Jul-20-2012

PRAYER:This petition came to be numbered by transfer of O.A.No. 3110 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.427/A2/2002 dated 27.05.2002.O R D E R1. The petitioner passed S.S.L.C. in the year 1974 from Veeravanallur Hindu High School in Tirunelveli district. The petitioner thereafter completed 2 year Diplomo Course in Teacher Education in BNV Teacher Training Institute, Kolar district, Karnataka during the year 1979-1981.2. The petitioner was appointed as Secondary Grade Teacher in Thajil Islam Elementary School, Tenkasi, Tirunelveli district after verifying all the original certificates. The certificates were returned to the petitioner after due verification.3. The petitioner was transferred from Pudukottai to Nanguneri Panchayat Union in Tirunelveli district, and thereafter to Palayamkottai Panchayat Union and posted at Santhaipettai Elementary School. The service o...


Jul 20 2012

K. Chellathai. Vs. the State of Tamil Nadu and ors.

Court: Chennai

Decided on: Jul-20-2012

Prayer Petitions filed under Article 226 of the Constitution of India praying for the issuance of writs of mandamus to direct the second respondent to publish the result and consequently direct the third respondent to appoint the petitioner as Graduate Assistant Teacher for the year 2009 - 2010 within the time stipulated.COMMON ORDER1. The petitioner in W.P.(MD) NO.14395 of 2011 had passed B.A., Functional English in the year 2004 from Manonmaniam Sundaranar University/fourth respondent. She passed B.Ed in the year 2010 from Mahatma Gandhi University. She registered with the District Employment Exchange, Tirunelveli.2. The petitioner in W.P.(MD) NO.14396 of 2011 had passed B.A., Functional English in the year 2005 and thereafter completed B.Ed in the year 2008 from Manonmaniam Sundaranar University/fourth respondent. She registered with the District Employment Exchange, Tirunelveli.3. The third respondent, proposed to fill number of vacancies in the post of Graduate Assistant Teachers ...


Jul 20 2012

Deepalakshmi and ors. Vs. K.Murugesh Rep. and ors.

Court: Chennai

Decided on: Jul-20-2012

Criminal Original Petitions filed under Section 482 Cr.P.C. to call for the records relating to C.C.No.303 of 2010 on the file of Judicial Magistrate No.I, Coimbatore and quash the same.COMMON ORDER1. "Can a power of attorney holder of an aggrieved person file a complaint in respect of matrimonial offences under Chapter XX of the Indian Penal Code?" This is one of the important questions to be dealt with in this case.2. The petitioners in Crl.O.P.No.27285 of 2010 are the accused 1, 3 and 4 and the petitioners in Crl.O.P.No.27329 of 2010 (Respondents 2 and 3 in Crl.O.P.No.27285 of 2010) are the accused 2 and 5 in C.C.No.303 of 2010 on the file of the learned Judicial Magistrate No.I, Coimbatore. This case was instituted on a private complaint filed by the first respondent in Crl.O.P.No.27285 of 2010, who is the sole respondent in Crl.O.P.No.27329 of 2010. These petitions have been filed seeking to quash the case in C.C.No.303 of 2010. Since these two petitions relate to one and the same...


Jul 20 2012

C.Govindaraj and ors. Vs. the Govt. of Tamilnadu and ors.

Court: Chennai

Decided on: Jul-20-2012

Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of Mandamus, forbearing the respondents 1 to 4 from proceeding further regarding the acquisition of petitioners' lands under the Tamilnadu Urban Land (Ceiling and Regulation) Act, 1978 and to drop all further proceedings if any initiated under the said Act in respect of the petitioners' properties in Survey No.135/11 and its Sub-Divisions of No.54, Alagapuram Pudhur Village in Salem Taluk and District and thereby restore the petitioners ownership in respect of their respective lands, by necessary mutation in the concerned village revenue records enabling the petitioners to get individual patta for their respective lands.O R D E R1. Initially, the petitioners have sought for a mandamus, forbearing the respondents 1 to 4 from proceeding further regarding the acquisition of petitioners' lands under the Tamilnadu Urban Land (Ceiling and Regulation) Act, 1978, (hereinafter referred to as '...


Jul 20 2012

Dr.T.Amirthamani Ganesh. Vs. Director and ors.

Court: Chennai

Decided on: Jul-20-2012

This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records relating to the impugned clause 43 of the Prospectus 2012-13 for admission to Post Graduate Degree/Diploma Courses M.D.S./6 year M.Ch.(Neuro-Surgery) Courses and the consequent notification issued by the first respondent, i.e. Tamil Nadu Post Graduate Degree / Diploma / 6 year M.Ch. Neurosurgery / MDS Admissions 2012-2013 Session II Phase of Counseling on 28.6.2012 and 29.6.2012 and quash the same insofar as the same prohibiting the candidates who have obtained admission in the first phase of counselling, from participating in the II Phase of couseling and opting for change of speciality and consequently direct the respondents 1 and 2 to permit the petitioner to participate in the II Phase of counseling for admission into Post Graduate Degree / Diploma courses and permit him to chose any Post Graduate course including MD-Psych...


Jul 20 2012

G.Rajarajan. Vs. Aig Consumer Financial Services (India) Ltd.

Court: Chennai

Decided on: Jul-20-2012

Civil Revision Petition filed against the fair and decreetal order dated 24.7.2009 made in I.A.No. 9583 of 2009 in O.S.No.2209 of 2009 on the file of the XV Assistant City Civil Court, Chennai.ORDER1. The defendant in a suit for recovery of money is the petitioner before this court. He is aggrieved against the order passed by the trial Court in dismissing the application filed under Order 37 Rule 3(5) of the Civil Procedure Code. The trial Court in and by the said order refused to grant leave to the petitioner to defend the suit claim of the respondent/ plaintiff.2. The short facts of the case culled out from the pleadings of the respective parties are as follows:- The respondent herein filed a suit against the petitioner in O.S.No. 2209 of 2009 on the file of the 15th Assistant City Civil Court, Chennai for recovery of a sum of Rs. 2,40,596/- with interest based on a personal loan availed by the petitioner from the respondent to the tune of Rs.Two lakhs. According to the responde...


Jul 20 2012

Ms.Rajani Hotels Ltd. Vs. Deputy Commissioner of Income-tax

Court: Chennai

Decided on: Jul-20-2012

PRAYER: Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal "B" Bench, Chennai, dated 24.03.2006 passed in I.T.(SS)A.No.41/Mds/ 2002.JUDGMENT(Judgment of the Court was delivered by CHITRA VENKATARAMAN,J.)1. The following are the substantial questions of law raised in this Tax Case Appeal filed by the assessee:(i) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was right in law in holding that a part of share capital is the income of the appellant on the alleged ground that the shareholders are not genuine?(ii) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the share capital can be termed as "unexplained investment" by the appellant?(iii) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in treating the share capital as income of the appellant even ...


Jul 20 2012

Tamil Nadu State Transport Corporation (Villupuram) Ltd. Vs. Thangam a ...

Court: Chennai

Decided on: Jul-20-2012

PRAYER Civil Miscellaneous Appeal is filed against the judgment and award dated 01.07.2010 made in MCOP NO.31 of 2009 on the file of the Motor Accidents Claims Tribunal, Additional Sub-Court, Tenkasi.JUDGMENT       1. The appeal is filed by the Transport Corporation challenging the findings on negligence as well as on quantum of compensation. The accident leading to the death of the deceased Ramasamy involves two vehicles that is the bus belonging to the appellant corporation and the container lorry bearing registration number TN-04 AB9900.         2. During the course of the arguments, the evidence recorded by the Claims Tribunal was brought to the notice of the Court. PW1, the legal representative of the deceased has deposed that he was not an eyewitness. PW2 has been examined to speak about the income of the deceased. Except these two witnesses, no other witness has been examined before the Tribunal.   &...


Jul 20 2012

K.Balakrishnamurthy. Vs. the District Collector, and ors.

Court: Chennai

Decided on: Jul-20-2012

PRAYER IN BOTH W.Ps.:These petitions came to be numbered by transfer of O.A.No.2235 & 2236 of 2002 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Certiorari, to quash the order bearing R.O.C.No.5005/2001 PA2 dated 31.05.2001 of the first respondent in so far as it includes the name of the respondents No.2 to 7 in the panel of Extension Officer for the year 2001 and delete the names of the respondents 2 to 7 from the panel with all consequential benefits such as retrospective promotion, seniority, arrears of pay, fixation of pay, etc.COMMON ORDER1. This order shall dispose of W.P.No.5979 & 5980 of 2007, as the common question of fact and law are involved in these two writ petitions. For the sake of brevity, the facts are taken from W.P.No.5979 of 2007.2 The petitioners were appointed as Junior Assistant/Rural Welfare Officer Grade II through Tamil Nadu Public Service Commission and allotted to Tiruvannamalai district. The respond...


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