Chennai Court August 2012 Judgments
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A.V. Shanmuga Sundaram Vs. Chairperson and Managing Director Disciplin ...
Court: Chennai
Decided on: Aug-23-2012
(Prayer: Writ petition is filed under Article 226 of Constitution of India for issuance of a Writ in the nature of Certiorari, calling for the records relating to the order of termination passed by the respondent on 28.3.2002 in charge sheet No.1716:98:VG dated 18.03.1998 and quash the same.) 1. The petitioner has invoked the extraordinary equitable jurisdiction of this Court with prayer for issuance of a writ in the nature of Certiorari to quash the order of termination passed by the respondent. 2. The petitioner joined the Indian Bank and served in various places in various capacities. The petitioner, while functioning as Assistant General Manager, Madras and Zonal Manager, Madras, was issued a charge sheet No.1716:98:VG dated 18.3.1998, by the Vigilance Department of the Indian Bank, alleging acts of commission and omission. 3. An enquiry authority was appointed to look into the allegations as per the provisions of the Indian Bank Officer Employees (Conduct) Regulation, 1985. The en...
State of Tamil Nadu, Rep by the Secretary to Government, Prohibition a ...
Court: Chennai
Decided on: Aug-23-2012
(Prayer: Appeal against the judgment and decree dated 11.2.2002 passed by the 7th Additional City Civil Court, Chenai, in O.S.No. 6397 of 1996.) 1. This appeal is focussed by the defendants in the suit as against the judgment and decree dated11.2.2002 passed by the 7th Additional City Civil Court, Chennai, in O.S.No.6397 of 1996, which was one for recovery of money. 2. A summation and summarization of the germane facts absolutely necessary for the disposal of this appeal would run thus: (i) The respondent herein filed the suit C.S.No.599 of 1983, seeking the following reliefs: "To pass a decree and judgment a) Directing the defendants to pay a sum of Rs.3,85,401.28 (Rs. Three lakhs eighty five thousand four hundred and one and paise twenty eight only) which represents Rs.1,85,271.40 being the principal amount due towards refund of deposits and Rs.2,00,135.88 towards interest thereon. b) Directing the defendants to pay interest on the suit amount at the rate of 12 per cent per annum fro...
Sivabala Auto Finance, Rep. by Its Managing Partner, K. Karnan Vs. the ...
Court: Chennai Madurai
Decided on: Aug-23-2012
(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records of the third respondent in his proceeding in Roc.No.5932/2009/D2 dated 18.05.2009 and quash the same and direct the third respondent to send the proposal to the first respondent for attachment of the salary of the borrowers by invoking section 3(ii) of Tamil Nadu Protection of Interest of Depositors Act, 1997.) ORDER 1. The petitioner in this writ petition is a Financial Institution covered by the provisions of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997. 2. In this writ petition, the petitioner has chosen to challenge the order passed by the third respondent namely the District Revenue Officer cum Competent Authority under the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, Theni District, dated 18.05.2009. 3. In view of the non-payment of t...
G. Balasubramaniam and Another Vs. the District Collector, Coimbatore ...
Court: Chennai
Decided on: Aug-23-2012
(Prayer: Petition filed seeking for a writ of Mandamus, directing the respondent to issue transport permit to the petitioner as per his representation dated 07-05-2012) 1. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the respondent is directed to dispose of the representation, dated 07.05.2012, on merits, within a specified period. 3. The learned Additional Government Pleader, appearing on behalf of the respondent, has no objection for such an order being passed by this Court. 4. In view of the submissions made by the learned counsels appearing on either side, the respondent is directed to dispose of the representation, dated 07.05.2012, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously and...
V. Arumugaperumal S/O. Vetrivel and Others Vs. the Chairman, Tamil Nad ...
Court: Chennai Madurai
Decided on: Aug-22-2012
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the second respondent in his impugned Notification No.28/2012 dated 13.08.2012 and quash the same and consequently direct the respondents 1 and 2 herein to appoint the petitioners as Agriculture Officer (Extension) based on their Reserve List Seniority within a stipulated period as fixed by this Hon'ble Court.) ORDER 1. The petitioners approached this Court, for issuance of a Writ, in the nature of Certiorari, to quash the Notification No.28 of 2012 dated 13.08.2012, issued by the Tamil Nadu Public Service Commission, inviting applications for appointment, to the post of Agricultural Officer (Extension), numbering 454 + 6 C/F. 2. The petitioners possessed the qualification of B.Sc., (Agriculture), and are registered with respective employment exchanges. An advertisement was issued by the Secretary, Tamil Nadu Public Service Co...
S. Rajeswari Vs. the Chairman, Tamil Nadu Public Service Commission, C ...
Court: Chennai Madurai
Decided on: Aug-22-2012
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records with respondent to impugned notification/Advertisement dated 24.11.2010, for direct recruitment to the post of Forest Apprentice in the Tamilnadu Forest Subordinate Service included in Group VI Services to the vacancies for the years 2006-2007, 2007-2008, 2008-2009 with regard to column 5(B) alone and consequent selection list dated 2.8.2012 and quash the same along with the consequent appointment and consequently direct the respondent to appoint the petitioner to the post of Forest Apprentice.) ORDER 1. The petitioner prays for issuance of a Writ in the nature of Certiorari to quash Clause 5(B) of the Tamil Nadu Public Service Commission Notification/Advertisement inviting application for the post of Forest Apprentice in the Tamil Nadu Forest Subordinate Service in Group VI Services. 2. Clause 5 (B) of the notification reads as under:- "5(B) ED...
Tamil Nadu Housing Board Rep.by Its Managing Director, Nandanam and An ...
Court: Chennai
Decided on: Aug-22-2012
(Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 08.12.2010 made in W.P.No.15740 of 2006.) JUDGMENT (Judgment of the Court was delivered by D.MURUGESAN, J.) This writ appeal, at the instance of the Tamil Nadu Housing Board (for short, "the Board"), is directed against the order allowing the writ petition filed by the first respondent-employee. The first respondent (hereinafter referred to as "the delinquent employee") was issued with the charge memo dated 16.7.2003 by the Board relating to his improper supervision in respect of the payments made towards construction at various points of time. As the explanation offered by the delinquent employee was not accepted by the Board, an enquiry was conducted. Admittedly, in the enquiry, no witnesses were examined on behalf of the Board. However, the delinquent employee was examined by the enquiry officer and, after extracting statements from him in the form of questions and answers, he was found guilty of the charg...
Metropolitan Transport Corporation, Chennai Division-i Ltd, Rep by Its ...
Court: Chennai
Decided on: Aug-22-2012
(Prayer: Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act, 1988 and Cross Objection filed under Order 41, Rule 22 of C.P.C., against the award and decree dated 06.03.2006 made in MCOP.No.5492 of 2003 on the file of Motor Accidents Claims Tribunal (III Judge, Court of Small Causes), Chennai.) Common Judgment R. SUBBIAH, J. 1. Challenging the award (06.03.2006) passed by the Motor Accidents Claims Tribunal (III Judge, Court of Small Causes), Chennai, in M.C.O.P.No.5492 of 2003, Metropolitan Transport Corporation filed the civil miscellaneous appeal. Feeling dissatisfied with the compensation awarded by the Tribunal, legal heirs of one deceased Ashok Kumar filed the Cross Objection. 2. To avoid confusion, the parties are hereinafter referred to as arrayed in the civil miscellaneous appeal. 3. Respondents are the wife, minor son and parents of the legal heirs of deceased Ashok Kumar respectively, who died in a motor accident that had occurred on 24.09.2003 involving...
M/S. Vnr Logistics Private Ltd, Rep by Its Authorised Signatory Vs. th ...
Court: Chennai
Decided on: Aug-22-2012
(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ in the nature of Certiorarified mandamus, to call for the impugned proceedings of the respondent in TIN:33171389814/2010-2011 dated 5.5.2011 and quash the same as being passed without jurisdiction and authority of law and also contrary to the principles of natural justice and further direct the respondent to restore the petitioner's TIN:33171389814 and C.S.T. No.1051549.) 1. Heard the learned counsel for the petitioner, as well as the learned counsel appearing on behalf of the respondent. 2. The main contention of the learned counsel appearing on behalf of the petitioner is that the registration of the petitioner, both under the Central Sales Tax Act, 1956, as well as under the Tamil Nadu Value Added Tax Act, 2006, had been cancelled by the impugned proceedings of the respondent, dated 05.05.2011, without issuing a prior show cause notice to the petitioner and therefore, the impugned pr...
Senthil Kumar and Others Vs. the Junior Engineer, Operation and Mainte ...
Court: Chennai
Decided on: Aug-22-2012
(Prayer: Memoranda of Grounds of Appeals filed under Clause 15 of the Letters Patent against the common order passed by a learned single Judge of this Court in W.P. Nos.14158, 14159 and 14160 of 2012 dated 12.6.2012.) M.Y. EQBAL, CJ. These writ appeals are directed against the common order passed by the learned single Judge in W.P. Nos.14158 to 14160 of 2012. The writ petitions were filed seeking to quash the orders passed by the first respondent directing disconnection of service connections to the appellants' saw mills on the ground of non-production of license for running the saw mills and for a direction to the respondents not to interfere with the electricity connection to the appellants' premises. 2. Briefly stated, the facts of the case are as follows :- The appellants/writ petitioners are wood based industries claiming to be in vogue for more than a decade. They were issued with notices by the Electricity Department informing them that they should produce a licence issued by th...
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