Chennai Court August 2012 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sri Kasi Viswanathar Educational Trust Through Its Chairman, Tmt. C. V ...
Court: Chennai Madurai
Decided on: Aug-13-2012
(Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to approve the admission of 98 students as per the list enclosed and to pass appropriate orders for permitting the students to sit for the final examinations to be held by the University during Mary 2012. COMMON ORDER This common order shall dispose of W.P.(MD)Nos.4539, 5102, 6809, 9206 and 6675 of 2012, as common question of law and facts are involved. 2. For the sake of brevity, the facts are taken from W.P.(MD)No.4539 of 2012. 3. The petitioner has approached this Court, with a prayer for issuance of Writ of Mandamus to direct the respondents, to permit the students of the petitioner / Trust, to sit for the final examinations to be held by the University during May 2012. It is not in dispute that under the interim order of this Court, the students of the petitioner had been allowed, to sit in the examinations, subject to the final out come...
R. Ramanathan Vs. M. Arunkumar and Another
Court: Chennai
Decided on: Aug-13-2012
(Prayer:Appeal against the judgement and decree dated 22.1.2008 passed by the Additional District Court (Fast Track Court No.1), Coimbatore, in O.S.No.119 of 2006.) JUDGEMENT 1. This appeal is focussed by the D2 as against the judgement and decree dated 22.1.2008 passed by the Additional District Court (Fast Track Court No.1), Coimbatore, in O.S.No.119 of 2006, which is one for partition. 2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court. 3. A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this appeal, in a few broad strokes can be encapsulated thus: (i) The first respondent herein, as plaintiff, filed the suit O.S.No.119 of 2006 for partition seeking the following relief: "to grant a decree and judgement in favour of the plaintiff: a. directing the division of the suit property into ten equal shares by metes and bounds in which...
T. Andal and Another Vs. Central Government Industrial Tribunal Cum La ...
Court: Chennai
Decided on: Aug-13-2012
(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the concerned records from the first respondent Industrial Tribunal and to quash the award passed by the first respondent Industrial Tribunal dated 07.06.2005 in I.D.No.298 of 2004 and consequently direct the second and third respondent bank to pay full back wages, continuity of service and all other attendant benefits till the date of death C.Thanigachalam to the first and second petitioner.) 1. Petitioners are the wife and son of one C.Thanigachalam, now deceased, who was employed as Armed Guard/Assistant (A/c) with the second respondent. In respect of certain alleged wrong doing of the said employee a charge memo dated 03.09.1999 was issued informing as follows: "i) On 25.06.98, when you were working as Assistant (Accts./Cash) at the Branch, you unauthorisedly withdrew a sum of Rs.2,000/- (Rupees Two thousand only) from the Savings Bank Account ...
Holy Family Church Rep. by Its Secretary, Kanyakumari District Vs. the ...
Court: Chennai Madurai
Decided on: Aug-13-2012
(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents 1 to 3 to forbear the respondents 4 and 5 or his subordinates from in any way harassing or interfering into the administration and autonomy of the petitioner church by its executive committee at the instance of the 6th respondent which is the subject mater of the civil dispute in O.S.No.1226 of 2004 pending on the file of the 1st Additional District Munsif Court, Nagercoil in Kanyakumari District.) ORDER 1. This writ petition is filed by the petitioner claiming to be secretary of the Executive Committee of Holy Family Church at Carmel Nagar, Ramanpudur, Nagercoil, seeking for a direction to the respondents 1 to 3 to forbear the respondents 4 and 5 in any way harassing or interfering with the administration and autonomy of the petitioner-church at the instance of the sixth respondent. 2. The grievance of the petitioner is that the petitioner-chu...
M/S. Jmj Constructions, Rep. by Its Managing Partner Vs. the Assistant ...
Court: Chennai
Decided on: Aug-13-2012
(Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, calling for the records of the 3rd respondent in his order in Appeal No./ST/S177/2011andST/255/2011 (Final Order No.1157/11) dated 21.10.2011 which is confirming the order of the 2nd respondent in order in appeal No.13/2011-(SLM) (ST) dated 27.1.2011 and the quash the said orders.) 1. Heard the learned counsel for the petitioner, as well as the learned counsel appearing on behalf of the respondents. 2. It has been stated that the petitioner firm was involved in the business of construction of civil foundations, for the erection of communication towers, by M/s.Bharat Sanchar Nigam, Limited during the assessment years 2005-2006 and 2006-2007. The respondent Department had considered the construction activity of the petitioner, as taxable service, covered under the category of commercial and industrial construction service, and therefore, the petitioner is liable to pay service tax, w...
K. Poongudi and Others Vs. the Superintendent of Police, Madurai Distr ...
Court: Chennai Madurai
Decided on: Aug-13-2012
(Prayer: Prayer in W.P.(MD).3768 of 2012 :-Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the 2nd and 3rd respondents to consider the representation of the petitioner dated 21.03.2012 in accordance with law and thereby grant permission forthwith to the petitioner for conducting 'Aadaal Padal Show (Mly; ghly; epfH;r;rp) at the evening hours on 29.03.2012 and 30.03.2012, in the light of 'Sri.Muthaalamman Temple North Vaanji Amman Temple Thiruvizha' at Malaipatti Village, Usilampatti Taluk, Madurai District. Prayer in W.P.(MD).11090 of 2012 :-Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents to grant permission to conduct Adal Padal Event on 15.08.2012 on the basis of representation given on 07.08.2012. Prayer in W.P.(MD).11125 of 2012 :-Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ o...
Sivakasi Hindu Nadar's Girls School Committee, Rep. by Its Secretary, ...
Court: Chennai Madurai
Decided on: Aug-13-2012
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondent from putting up a row of public toilets in Chairman NPSN Armugam Nadar Road, Sivakasi in the vicinity of petitioner school.) ORDER 1. In this country, there are more cell phones than toilets lamented a Senior Central Government Minister, which was widely reported in the Press, and subsequent to the statement, there has been a great discussion on the question of the level of sanitation in this Country and they need to have toilet system, which is deprived to the majority of the people of this Country. 2. In this context, this Court, vide judgment in R.Tamilarasi v. District Collector reported in 2010(8) MLJ 662, has observed as follows: "Civilised Ancient India: 1. We Indians were inheritors of a great civilisation. We are proud of Mohenjo-Daro and Harappa. Our History texts are replete with the great style of living of our forefathers....
Munisamy Vs. the General Manager, Tamil Nadu State Transport Corporati ...
Court: Chennai Madurai
Decided on: Aug-13-2012
(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of certiorari to call for the records of the impugned show cause notice dated 4/7/2012 vide No.Sa.1/10/2/10 issued by the second respondent and quash the same.) ORDER 1. The petitioner prays for the issuance of a writ in the nature of certiorari to quash the show cause notice dated 4/7/2012. 2. The petitioner was issued a charge memo on 16/6/2010 on the following charge. "That on 27/5/2010 you have scolded one Mr.A.Jayakanthan, the Assistant Engineer, T.S.No.20913 very filthily and preventing him from doing his duty thereby you have given way for complaint under Rule 16 (12) of the Corporation Standing Rules. If the above complaint proved then it is a misconduct that can be strictly punishable under the Standing Rules of the Corporation." 3. The petitioner denied the charge and a departmental enquiry was held. The Enquiry Officer found the petitioner guilty of charge. The competent a...
J. Jeevanantham @ Jeeva and Another Vs. M. Sivalingam and Others
Court: Chennai
Decided on: Aug-13-2012
(Prayer: Civil Miscellaneous Appeals filed under section 173 of Motor Vehicles Act, 1988, against the common award and decrees dated 14.02.2008 made in MCOP.Nos.1272 and 1256 of 2006 on the file of Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes), Chennai.) Common Judgment R. SUBBIAH, J, 1. These appeals arise out of a common award (14.02.2008) passed by the Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes), Chennai, in M.C.O.P.Nos. 1272 and 1256 of 2006 respectively. 2. The case of the appellants, in brief, are as follows: On 01.03.2006 at about 01.30 Hours, the appellant in CMA No.2795 of 2008 (Shanmughanathan) was driving TATA 709 Van bearing registration No.TN 07 AZ 2830 from south to north in 100 feet Jawaharlal Road at a moderate speed and when he was proceeding near the junction of 18th Main Road, Thirumangalam, Chennai, a car bearing registration No.TN 72 U 3442 came from east to west direction in a rash and negligent manner, cut across th...
Nellai Mavatta Pokkuvarathu Thozhilalar Sangam, Rep. by Its General Se ...
Court: Chennai Madurai
Decided on: Aug-13-2012
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notification No.2033/CPD/OT/TNSTC/2012, issued by the respondent in the Daily Thanthi News paper on 06.04.2012, quash the same insofar as awarding of contract to carry out the 9 works mentioned in serial numbers 23,24,25,26,27,28,30,31 and 32 of the impugned tender notification and consequently direct the respondent not to alter the conditions of service of the workmen, who are now employed by the respondent to carry out 9 categories of work mentioned in the notification adversely without any settlement or award and without issuing notice U/S 94 of I.D. Act, award costs.) COMMON ORDER 1. These two writ petitions were filed by the two trade unions. In both writ petitions the claim is identical viz., two trade unions were aggrieved by the notification issued in the Daily Thanthi News paper on 06.04.20...