Chennai Court July 2012 Judgments
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S.Ganesh (Died), and ors. Vs. N.A.S.Ansari, and anr.
Court: Chennai
Decided on: Jul-13-2012
The present Second Appeal is filed to set aside the Judgment and Decree made in A.S.No.12 of 1998, dated 25.04.2001 on the file of the Court of Principal District Court, Cuddalore in reversing the Judgment and Decree made in O.S.No.24 of 1996, dated 23.12.1997 on the file of the Subordinate Court, Chidambaram.M. VENUGOPAL, J.JUDGMENT1. The Appellant/Plaintiff (during his life time) has focused the present Second Appeal as against the Judgment and Decree dated 25.04.2001 in A.S.No.12 of 1998 passed by the Learned Principal District Judge, Cuddalore in reversing the Judgment and Decree dated 23.12.1997 in O.S.No.24 of 1996 passed by the Learned Sub Judge, Chidambaram.2.During the pendency of Second Appeal, the Appellant/Plaintiff expired and as such Appellants 2 to 5 have been brought on record as his legal heirs. 3.The First Appellate Court viz., the Learned Principal District Judge, Cuddalore, while allowing the Appeal Suit No.12 of 1998 on 25.04.2001 in the Judgment h...
Riyaz Ahamed. Vs. Sarasu and ors.
Court: Chennai
Decided on: Jul-13-2012
Civil revision petition preferred against the order dated 9.1.2012 passed by the District Munsif, Gudiyattam in I.A.No.826 of 2010 in O.S.No.1000 of 1987.ORDER1. Inveighing the order 9.1.2012 passed by the District Munsif, Gudiyattam in I.A.No.826 of 2010 in O.S.No.1000 of 1987, this civil revision petition is filed.2. Broadly but briefly, narratively but precisely, the germane facts in a few broad strokes can be encapsulated thus:(i) One Subramani/the plaintiff filed the suit as against four persons, including the revision petitioner herein. The said Subramani died and his LRs were brought on record. Similarly D1 also died and his LRs were also brought on record. Ultimately, an ex-parte preliminary decree was passed for partition. The revision petitioner herein/Riyaz Ahamed/D4, who is the purchaser of a portion of the suit property from the first defendant filed this revision.(ii) An application in I.A.No.826 of 2010 was filed by D4 through his Power Agent-his brother to get the delay...
P.Subbaiah. Vs. the Child Development Project Officer and ors.
Court: Chennai
Decided on: Jul-13-2012
PRAYER in W.P.(MD) No.2925 of 2012 Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st respondent to refix the Selection Grade and Special Grade Scale of Pay as indicated in Schedule-II of the Tamil Nadu Revised Scales of Pay Rules 1998, at Rs.5000-150-8000 and 5500-175-9000 respectively to the petitioner driver with all consequential monetary benefits and to pay all arrears with effect from 01.01.1996 within a stipulated time period.COMMON ORDER1. In view of the direction sought for in the writ petitions, the Secretary to Government, Department of Social Welfare Nutrition (NMS) Department, Secretariat, Chennai, is suomotu impleaded as fourth respondent.2. The petitioners are working as Drivers in the Noon Meal Project Offices in the fourth respondent department. The date of entry into service, the date of grant of Selection Grade, the date of grant of Special Grade and the date of retirement in service of the pet...
R.Venkatesh. Vs. Kalliammal and ors.
Court: Chennai
Decided on: Jul-13-2012
Prayer: This second appeal is filed under section 100 of the Civil Procedure Code, against the judgment and decree passed in A.S.No.142 of 2006 on the file of the First Additional District Court, Coimbatore, dated 08.03.2010 confirming the decree and judgment passed in O.S.No.413 of 2004 on the file of the Subordinate Judge, Coimbatore, dated 08.08.2006.J U D G M E N T1. The unsuccessful first defendant is the appellant. The predecessors in title of the respondents 1 to 6 herein namely, Kalliammal and Balasubramaniam filed the suit O.S.No.413 of 2004 on the file of the Subordinate Judge, Coimbatore, for declaration that the sale conducted by the Official Receiver in respect of the suit property in IP No.7 of 87 is null and void and not binding on the plaintiffs and for permanent injunction.2. The case of the plaintiffs was that the suit property having a total extent of 849 sq.ft of land and building, belonged to a partnership firm known as 'Parameshwari Hall' represented by its partne...
Maria Soosai. Vs. the Government of Tamil Nadu, and anr.
Court: Chennai
Decided on: Jul-13-2012
Writ Petition No.17937 of 2012 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to re-convey the land of an extent of 2400 sq. ft. in Plot No.110 comprised in Survey No.46/3B in No.156, Mamallapuram (Devaneri Village) Chengalpet Taluk, Kancheepuram District to the petitioner under Section 48-B of the Land Acquisition Act, 1894.R.SUDHAKAR, J.COMMON ORDER1. Writ Petition No.17937 of 2012 is filed praying to issue a Writ of Mandamus, directing the first respondent to re-convey the land of an extent of 2400 sq. ft. in Plot No.110 comprised in Survey No.46/3B in No.156, Mamallapuram (Devaneri Village) Chengalpet Taluk, Kancheepuram District to the petitioner under Section 48-B of the Land Acquisition Act, 1894. 2. Ms.V.M.Velumani, learned Special Government Pleader takes notice on behalf of the respondents in all the writ petitions. The relief sought for in all the writ petit...
B.Subburayan. Vs. Secretary to Government
Court: Chennai
Decided on: Jul-13-2012
Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Certiorari, calling for the records in connection with the files related to the Proceedings issued in Se.Mu.Order No.ONa1/34806/99, dated 5.10.2001 by the second respondent and set aside the same and consequently direct the respondents to reinstate the applicant into service.O R D E R1. The petitioner has invoked the extraordinary equitable jurisdiction of this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the order Se.Mu.Order No.ONa1/34806/99, dated 5.10.2001, with the consequential relief of reinstatement in service with all consequential benefits.2. The petitioner joined the service as Junior Assistant, on 21.5.1984. While working as Junior Assistant in the Office of the District and Employment, Tiruvallur, a charge memo was issued to him and he was directed to appear in the Office of the Vigilance and Anti-Corruption department.3....
Vaanavil Dyeing Unit No.2, Rep by Its Partner, Vs. Tamil Nadu Industri ...
Court: Chennai
Decided on: Jul-13-2012
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 of the third respondent herein comprised in the impugned order of cancellation-cum-demand issued by the third respondent in Ref.TIIC/SRB/LAO-KSS/2011-12 dated 23.12.2011 against the petitioner herein, quash the said impugned order and consequently to direct the respondents permitting the petitioner herein to remit the balance one time settlement amount of Rs.90.00 lakhs (ninety lakhs only) together with proportionate simple interest at 13.5% p.a. as agreed within nine months from the date of orders being passed by the court.K.CHANDRU, J.ORDER1. The petitioner has filed the present writ petition seeking to challenge a notice issued by the respondent Tamil Nadu Industrial Investment Corporation Limited (for short TIIC), dated 23.12.2011, wherein and by which the petitioner was informed that they had borrowed amounts from the TII...
Commissioner of Wealth Tax. Vs. Shri Thirupathy Kumar Khemka and ors.
Court: Chennai
Decided on: Jul-13-2012
PRAYER: Tax Case Appeal Nos.1498, 1499, 1500, 1501 and 1502 of 2005, 123, 124, 125, 126, 164, 165, 1156, 1157, 1158, 1159, 1160 and 1161 of 2006 are filed under Section 27A of the Wealth Tax Act, 1957 against the order dated 10.02.2005 in WTA Nos.46, 74, 68, 81, 51, 43, 45, 52, 53, 44, 54, 72, 70, 71, 85, 86 and 88/Mds/99.JUDGMENT(Judgment of the Court was delivered by CHITRA VENKATARAMAN,J.)1. The following are the substantial questions of law raised in these Tax Case Appeals filed by the Revenue as against the order of the Tribunal.(i) Whether in the facts and circumstances of the case, the Tribunal was right in holding that the shares owned by the assessee could not be valued as per the rate quoted in the stock exchange as the assessee was bound by a lock in period, and could not sell those shares at that time?(ii) Whether on the facts and circumstances of the case the Tribunal was right in holding that the shares which are bound by the restriction of a lock in period have no value ...
icici Bank Ltd. Vs. K.Venugopal.
Court: Chennai
Decided on: Jul-13-2012
This civil revision petition is preferred under Article 227 of the Constitution of India to direct the learned District Consumer Disputes Redressal Forum, Puducherry to keep the execution proceedings in E.P.No.16 of 2010 in abeyance till the disposal of the appeal filed before the State Commission against the orders of District Consumer Disputes Redressal Forum, Puducherry dated 27.07.2010 on merits.G.RAJASURIA, J.ORDER1. This civil revision petition has been focussed so as to direct the learned District Consumer Disputes Redressal Forum, Puducherry to keep the execution proceedings in E.P.No.16 of 2010 in abeyance till the disposal of the appeal filed before the State Commission against the orders of District Consumer Disputes Redressal Forum, Puducherry dated 27.07.2010 on merits.2. Heard the learned counsel for the petitioner, who would narrate the facts to the effect that the District Consumer Disputes Redressal Forum, Puducherry passed orders, as against which, appeal ...
P.VithyA. Vs. the Government of Tamil Nadu and ors.
Court: Chennai
Decided on: Jul-13-2012
Prayer Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to admit the petitioner in MBBS Course for the academic year 2012-2013 in the quota reserved for physically handicapped persons based on the disability certificate issued to the petitioner by the District Medical Board, Thanjavur on 24.11.2010.ORDER1. This writ petition has been filed seeking a Writ of Mandamus directing the respondents to admit the petitioner in MBBS Course for the academic year 2012- 2013 in the quota reserved for physically handicapped persons based on the disability certificate issued to the petitioner by the District Medical Board, Thanjavur on 24.11.2010.2. The learned Counsel for the petitioner would submit that the petitioner is a poor handicapped (deformity in her Right leg) child by birth and she belongs to backward class community and applied for the admission for MBBS course for the academic year 2012-2013 und...
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