Chennai Court July 2012 Judgments
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A.Thangaian. Vs. the Superintendent of Police and ors.
Court: Chennai
Decided on: Jul-20-2012
PRAYER IN W.P.No.17891 OF 2007:This petition came to be numbered by transfer of O.A.No.2214 of 2004 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Certiorari, to quash the order of the first respondent vide P.R.169/95 dated 16.4.1999 imposing a punishment of removal from service and the consequential order passed by the second respondent herein vide Rc.No.D1/SB/ Appeal-2/04, P.R.169/95 of KPC district dated 15.4.2004 confirming the orders of the first respondent with consequential relief of issuance of a writ in the nature of mandamus, directing the respondents to reinstate the petitioner in service with all consequential benefits.PRAYER IN W.P.No.17892 OF 2007:This petition came to be numbered by transfer of O.A.No.2215 of 2004 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Certiorari, to quash the order of the first respondent vide P.R.168/95 dated 16.4.1999 imposing a punishment of re...
Kumar Alias Kumaresan Vs. State Rep. by Inspector of Police
Court: Chennai
Decided on: Jul-20-2012
Prayer: Criminal Appeals filed under Section 374(2) and 374 of Cr.P.C., against the judgment of conviction and sentence dated 30.06.2008 made in S.C.No.165 of 2006 on the file of the Additional Sessions Court (Fast Track Court No.1), Erode.C O M M O N J U D G M E N T1. The criminal appeal arises out of the judgment of conviction and sentence, dated 30.06.2008, made in S.C.No.165 of 2006, on the file of the Additional Sessions Court (Fast Track Court No.1), Erode., whereby the accused 1 to 4 were convicted for the offence under Section 395 IPC and sentenced them to undergo 10 years rigorous imprisonment and A1 and A2 were convicted for the offence under Section 394 IPC and sentenced them to undergo 5 years rigorous imprisonment each.2. The respondent has filed a charge sheet against the accused stating that on 23.01.2006, at 10.30 p.m., between Erode and Chennimalai road, near Sipcot Industrial estate, when P.W.1/Krishnamurthy and P.W.2/Sakthivel were proceeding in T.V.S. Excel Super be...
Commissioner of Service Tax, Chennai Vs. Heidelberg India Private Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Jul-20-2012
Per Ashok Jindal, J. 1. Revenue has filed these appeals against the impugned orders wherein the Commissioner (Appeals) has set aside the orders of adjudication demanding the service tax along with interest and penalty under the reverse charge mechanism for the services availed by the respondents from their foreign service provider. 2. The brief facts of the case are that the respondents are engaged in procuring orders for their parent company located in Germany for installation of printing machinery and maintenance of such machinery during the warranty period. During the course of audit, it was found that the respondents were availing services of their parent company for training of their employees outside India as well as in India. Therefore, they were required to pay ser...
K.Mariappan. Vs. the State of Tamil Nadu,
Court: Chennai
Decided on: Jul-19-2012
PRAYER Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to consider the Master of Physical Education and Sports Science (M.P.E.S) degree obtained from the 4th respondent University by the petitioner as equivalent to Master of Physical Education (M.P.Ed) Degree in view of the letter issued in Lr.No.56580/R/96-3, dated 31.10.96 by the 1st respondent and G.O.Ms.No.98, School Education Department, dated 09.05.2008 and consequently direct the 3rd respondent thereupon to appoint the petitioner in the post of Lecturer in Directorate of Teachers Educational Research and Training/District Teacher Education and Training Institute for the year 2008-09.ORDER1. The petitioner obtained degree in Master of Physical Education and Sports (M.P.E.S) from the fourth respondent in the year 2000. He registered the same in the employment exchange and his Registration Number is PE.8949/2000.2.The second respondent issued...
S.Thomsson. Vs. the Director General of Police and ors.
Court: Chennai
Decided on: Jul-19-2012
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to quash the order bearing Ref.No.Estt.1(2)/1207/2011, dated 25.06.2011 issued by the second respondent and order dated 19.08.2011 bearing Reg.No.Rc.No.888/MGB.V(1)/P-27/2011 issued by the first respondent in so far as Sl.No.5 in Ex.-A is concerned as being arbitrary and illegal with consequential prayer to direct the respondents to retain the petitioner in Chennai City Police.O R D E R1. The petitioner has approached this court with a prayer for issuance of a writ in the nature of Certiorari, for quashing the order in Ref.No.Estt.1(2)/1207/2011, dated 25.06.2011, and also the consequential order dated 19.08.2011, vide which the petitioner has been transferred from Chennai to Trichy.2. The petitioner joined Tamil Nadu Police Subordinate Services as Sub Inspector on 28.09.1987 and was posted at Trichy in the year 2002. The petitioner thereafter was posted in Spec...
Ms.Thanjavur Textiles Ltd. Vs. the Joint Commissioner of Income Tax
Court: Chennai
Decided on: Jul-19-2012
APPEAL under Section 260 A of the Income Tax Act against the order dated 26.8.2005 made in I.T.A.No.1905 of 2000 on the file of the Income Tax Appellate Tribunal 'C' Bench for the assessment year 1997-98.J U D G M E N T(Judgment of the Court was delivered by CHITRA VENKATARAMAN,J.)1. This Tax Case (Appeal), filed at the instance of the assessee as against the order of the Income Tax Appellate Tribunal relating to the assessment year 1997-98, was admitted by this Court on the following substantial questions of law:"1. Whether in the facts and circumstances of the case, the Tribunal ought to have considered the fact that the act of depositing the bonus amounts payable to the workers into a separate bank account is to be construed as actual payment made in the present accounting year?2. Whether on the facts and circumstances of the case, the Tribunal was right in holding that bonus paid based on settlement reached after the accounting year is allowable in present assessment year?"2. It is...
Usha Rajan. Vs. Joint Director of School Education and ors.
Court: Chennai
Decided on: Jul-19-2012
Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of mandamus, directing respondents 1 to 4 to cancel the appointment of the 5th respondent as P.G.Assistant (English) in the 4th respondent school and direct the respondents 1 to 4 to appoint the petitioner as P.G.Assistant (English) as per the Rules.O R D E R1. The petitioner has filed the writ petition, seeking to cancel the appointment given in favour of the 5th respondent as P.G.Assistant (English) in the 4th respondent school and for a further direction to respondents 1 to 4 to appoint the petitioner as P.G.Assistant (English) as per the Rules.2. The writ petition was admitted on 24.10.2008. Pending the writ petition, the application for interim injunction was dismissed.3. On notice from this Court, 4th respondent has filed a counter affidavit dated 01.12.2008. The 5th respondent has also filed a counter affidavit dated 25.06.2012.4. The case of the petitioner was that she is already working as Gr...
Jalakandeswarer Dharmastabanam. Vs. the Government of Tamil Nadu and o ...
Court: Chennai
Decided on: Jul-19-2012
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari, quashing the impugned order passed by the 2nd respondent in his proceedings Na.Ka.No.52980/2008/A1 dated 24.09.2008 directing Arulmigu Jalakandeswarer Temple, Fort, Vellore, to be included in the list of temples under Section 46(iii) of the TN HR & CE Act and publishing it.O R D E R1. The writ petition is filed by the petitioner claiming to be the Honorary Secretary of Sri Jalakandeswarar Dharmastabanam, Vellore. In this writ petition, the petitioner challenges the order dated 24.09.2008 passed by the second respondent Commissioner, Hindu Religious and Charitable Endowments, Chennai directing Arulmihgu Jalakandeswarer Temple, Fort, Vellore to be included in the list of temples under Section 46(iii) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Shortly "the Act") and for publishing it.2. When the writ petition came up for admission on 23...
Krishnareddy. Vs.T.Viswanath
Court: Chennai
Decided on: Jul-19-2012
Prayer.:- Appeal is filed under Section 378 of Cr.P.C. against the Judgment dated 27.04.2005 made in C.C.No.31 of 2004 on the file of the District Munsif cum Judicial Magistrate, Denkanikottai.J U D G M E N T1. The appeal arises out of the Judgment of acquittal dated 27.04.2005 made in C.C.No.31 of 2004 on the file of the District Munsif cum Judicial Magistrate, Denkanikottai.2. The appellant as a complainant preferred a private complaint stating that the respondent/accused borrowed a sum of Rs.75,000/- on 19.11.2003 and agreed to repay the same within two months. But, he had not repaid the said amount and for that, on 19.01.2004, he issued Exs.P1 to P3 - Cheques, dated 19.01.2004, each for Rs.25,000/- totalling Rs.75,000/-, bearing No. 809258, 809257 and 809256, drawn in favour of State Bank of Mysore, Bangalore. The Cheques were presented on 05.03.2004 for encashment before the Indian Bank, Thally and the same were returned on 07.03.2004, with return memos, Exs.P4 to P6, indicating a...
State Represented by. Vs. Sivasakthi Alias Sakthi and ors.
Court: Chennai
Decided on: Jul-19-2012
Prayer:- Criminal Appeal filed under Section 378 of the Code of Criminal Procedure, against the order of acquittal dated 24.01.2007 passed by the learned Judicial Magistrate No.II, Gobichettipalayam, in C.C.No.418 of 2005.JUDGMENT1. The respondents herein are the accused 1 to 3 in C.C.No.418 of 2005 on the file of the learned Judicial Magistrate No.II, Gobichettipalayam. The charges were framed against the accused for the offence under Section 4(1)(aaa) of Tamil Nadu Prohibition Act and Sections 468, 471, 485, 486 and 487 I.P.C., for illegal possession of spurious liquors. After framing the charges, the case was pending for more than a year as the witnesses were not produced by the prosecution. Hence, the learned Magistrate had passed an order on 24.01.2007 acquitting the accused/respondents herein under Section 248 Cr.P.C. Challenging the said acquittal, the State has preferred this criminal appeal before this Court.2. The learned Government Advocate (Crl.Side) submitted that after th...
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