Chennai Court July 2012 Judgments
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C.Saravanan. Vs. Dr.V.M.Gangadharan
Court: Chennai
Decided on: Jul-09-2012
Civil revision petition preferred against the order dated 2.3.2012 passed by the VI Small Causes Court Judge,(incharge of VII Small Causes Court, Chennai), confirming the order dated 10.11.2011 passed by the XVI Small Causes Court Judge, Chennai, in R.C.O.P.No.1708 of 2010.ORDER1. Animadverting upon the order dated 2.3.2012 passed by the VI Small Causes Court Judge,(incharge of VII Small Causes Court, Chennai), confirming the order dated 10.11.2011 passed by the XVI Small Causes Court Judge, Chennai, in R.C.O.P.No.1708 of 2010, this civil revision petition is 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. A thumb nail sketch of the germane facts absolutely necessary for the disposal of this revision, in a few broad strokes can be encapsulated thus:(i) The respondent herein field the RCOP for eviction on the ground of 'wilful default' in paying the rents and also on the ground of...
M.Kalivaradhan. Vs. the State of Tamil Nadu and ors
Court: Chennai
Decided on: Jul-09-2012
PRAYER:This petition came to be numbered by transfer of O.A.No. 2459 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 of the respondent No.3 vide Ka.No.A2009/01 dated 8.4.2002 with consequential prayer for issuance of a writ of mandamus, directing the respondents to extend all retiral benefits both service and monetary, without any deduction towards leave of any sort.O R D E R1. The petitioner was appointed as Field Demonstration Officer on 29.03.1966 and promoted as Assistant Agriculture Officer on 16.11.1981. The petitioner retired from service on 30.06.2002.2. While the petitioner was working with the respondent department, he was diagnosed as he was suffering from Tuberculosis (TB). Therefore, petitioner availed long spell of leave for treatment. The petitioner was sanctioned leave by the department in two spell; i.e. 540 days and 493 days between 1995 and 1997.3. It is the submission of...
A.Gurunathan. Vs. K.Natarajan
Court: Chennai
Decided on: Jul-09-2012
Civil revision petition filed under Article 227 of the Constitution of India against the order dated 05.05.2011 passed by the State Consumer Disputes Redressal Commission, Chennai, in C.M.P.Sr.No.563/2011 in C.M.P.No.1509 of 2010 in F.A.No.483 of 2007h in C.O.P.No.300 of 2003.ORDER1. Inveighing the order dated 05.05.2011 passed by the State Consumer Disputes Redressal Commission, Chennai, in C.M.P.Sr.No.563/2011 in C.M.P.No.1509 of 2010 in F.A.No.483 of 2007h in C.O.P.No.300 of 2003, this civil revision petition is focussed.2. Heard the learned counsel for the petitioner.3. A thumbnail sketch of the germane facts absolutely necessary for the disposal of this revision, at the number stage, itself would run thus:(i) The revision petitioner here filed the application C.M.P.No.1509 of 2010 before the State Consumer Disputes Redressal Commission, Chennai, to get restored the appeal F.A.No.483 of 2007, which was dismissed for default. The said application was allowed subject to payment of Rs...
Commissioner of Income Tax. Vs. Ms.Nepc India Limited
Court: Chennai
Decided on: Jul-06-2012
Tax Case (Appeals) filed under Section 260 A of the Income Tax Act, 1961 against the common order of the Income Tax Appellate Tribunal, Madras 'A' Bench, dated 13.12.2002 in ITA.Nos.1019/Mds/2002 and 1265/Mds/2002.COMMON JUDGMENT(The Judgment of the Court was made by CHITRA VENKATARAMAN, J.)1. The Revenue has come up on appeals as against the common order of the Income Tax Appellate Tribunal, Madras 'A' Bench dated 13.12.2002 in ITA.Nos.1019/Mds/2002 and 1265/Mds/2002 raising the following substantial questions of law:-" 1.Whether in the facts and circumstances of the case, the Tribunal was right in remanding the matter to the assessing officer to consider claims made in the revised return, when such return was filed beyond the time limit prescribed under Section 139(5)? and2. Whether in the facts and circumstances of the case, the Tribunal was right in not giving a finding on how the assessing officer could consider claims made in a revised return which was filed beyond time?"2. The a...
C.Jeevarathinam Vs. the State of Tamil Nadu Rep. and ors.
Court: Chennai
Decided on: Jul-06-2012
Writ Petition filed under Article 226 of The Constitution of India praying for a Writ of Mandamus directing the respondents to consider the claims of the petitioner for regularisation in the post of Night Watchman on completion of 10 years of service with all benefits as given to other similarly placed persons based on the High Court order in W.P.No.18126 of 2008 dated 29.07.2008.,O R D E R1. The prayer in this writ petition is to direct the respondents to consider the claims of the petitioner for regularisation in the post of Night Watchman on completion of 10 years of service with all benefits as given to other similarly placed persons based on the High Court order in W.P.No.18126 of 2008 dated 29.07.2008 and etc.2. The case of the petitioner is that he was appointed as Night Watchman on daily wage basis on 26.02.1990 in the Office of the Agriculture Extension Centre, Pathirivedu, Thiruvellore District and he was ousted from service as he was not appointed through employment exchange...
The Retired Transport Department. Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Jul-06-2012
Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of mandamus to direct the respondents to fix the cut off date, in so far as the members of the petitioner Union is concerned as 14/9/1985 for computing the qualifying service period for pension entitlement by considering the petitioner's representation dated 12/1/2007.ORDER1. The petitioner is a trade Union having its Registration No.168/2000 formed for espousing the cause of retired employees of the Tamil Nadu State Transport Corporation, Zone IV, Dindigul.2. According to the petitioner, erstwhile employees of the Transport Department were absorbed in the Transport Corporations and the Government granted pension for the service rendered in Transport Department, if they rendered 10 years and more service in the Transport Department. The cut off date for counting the service in the Department was fixed at 1/4/1972 for some Corporations and 14/9/1975 for some Corporations. The issue relat...
N.R.Selvaraj. Vs. the District Collector and ors.
Court: Chennai
Decided on: Jul-06-2012
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for a writ of Mandamus, forbearing the respondents from laying the road petitioners patta lands bearing Chennankuppam Dry S. Nos. 316/1-B and 319/5-B extent of l acre 60 cents situated in Katpadi Taluk Vellore District without following the due process of law.O R D E R1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of prohibition, restraining the respondents from laying a road on petitioner's patta land, bearing Chennankuppam Dry S. Nos. 316/1-B and 319/5-B extent of l acre 60 cents, situated at Katpadi Taluk, Vellore District, without following the due process of law.2. The petitioner is an agriculturalist, who purchased the land from one Gangamma, W/o. Kesavulu of Chennankuppam Village and since the date of purchase, the petitioner, being the absolute owner, is in peaceful possession of the land.3. It is submitted by petitioner, that in pursuance ...
Tamilmani. Vs. Kannaiya and ors.
Court: Chennai
Decided on: Jul-06-2012
Revisions preferred under Section 397 r/w 401 of the Criminal Procedure Code to call for records pertaining to the order passed in Crl.R.P.No.18 of 2009 on the file of the Sessions Judge, Sivagangai and to quash the proceedings as against the petitioner / respondents 11 and 12.COMMON ORDER1. Both the criminal revisions have been preferred under Section 397 r/w 401 Cr.P.C. The relief sought for in Crl.R.C.No.811 of 2011 is to call for the records pertaining to Crl.R.P.No.18 of 2009 on the file of the Sessions Judge, Sivagangai and quash the proceeding against the petitioner / A11. The similar relief is sought for in Crl.R.No.812 of 2011 by the petitioner / A12.2. As per the impugned order, it is seen that the order passed in the Criminal Revision Petition in Crl.R.P.No.18 of 2009 has been challenged by way of filing two criminal revision cases by A11 and A12 and the petition was filed by the defacto-complainant / R1 before the Court below, as against the order of dismissal of his privat...
P.Petchi. Vs. the Director of Elementary Education and ors.
Court: Chennai
Decided on: Jul-06-2012
Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ of Certiorari, to call for the records connected with the impugned order passed by the 1st respondent in Proceedings No.39493/ED.1/2001 dated 20.11.2001 and quash the same and consequently promote the petitioner as Primary School Headmaster from the date on which her next junior the 4th respondent herein was promoted as Headmaster with all monetary and other service benefits.O R D E R1. The petitioner has invoked the extraordinary equitable jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuance of a writ in the nature of Certiorari, to quash the order No.39493/ED.1/2001 dated 20.11.2001 in denying promotion to the post of Primary School Headmistress, with consequential prayer to consider her for promotion from the date of her junior /4th respondent, was so promoted.2. The petitioner was appointed as Secondary Grade Teacher on 01.06.1970, and...
Krishnasamy. Vs. P.Muralitharan and ors.
Court: Chennai
Decided on: Jul-06-2012
Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and final order dated 29.12.2009 in I.A.No.717 of 2009 in MCOP No.251 of 2005 on the file of the Principal Sub Court, Erode.ORDER1. Animadverting upon the order dated 29.12.2009 passed in I.A.No.717 of 2009 in MCOP No.251 of 2005, by the learned Principal Subordinate Judge, Erode, this civil revision petition is focussed.2. A thumbnail sketch of the germane facts absolutely necessary for the disposal of this revision petition would run thus:The Motor Accidents Claims Tribunal, dismissed I.A.No.717 of 2009 for withdrawal of the Award amount of Rs.1,34,171/-, on the main ground that the deposit was made for three years and it was pre matured to release the amount. Whereas the learned counsel for the petitioner would submit that his client is in need of the amount for his medical treatment.3. At this juncture, I would like to call up Rules 18, 19 and 20 of the Tamil Nadu Motor Vehicles Accid...
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