Chennai Court August 2012 Judgments
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M. Palanisamy Vs. K. Karvannan
Court: Chennai
Decided on: Aug-03-2012
(Prayer: Criminal Appeal filed under Section 378 of Cr.P.C., against the judgment of acquittal dated 30.07.2004, made in C.C.No.250 of 2003 on the file of the Judicial Magistrate's Court, Rasipuram, Namakkal District.) 1. The criminal appeal arises out of the judgment of acquittal dated 30.07.2004, made in C.C.No.250 of 2003 on the file of the Judicial Magistrate's Court, Rasipuram, Namakkal District. 2. The appellant as a complainant preferred a private complaint under Sections 138 and 142 of Negotiable Instruments Act, stating that on 31.01.2002, the respondent/accused borrowed a sum of Rs.2,75,000/- from the appellant/complainant for his business purpose and agreed to repay the same with interest at rate of 12% per annum and also paid one year interest in advance and issued a post-dated cheque bearing No.591852, dated 31.01.2003 for Rs.2,75,000/-. When Ex.P1 cheque was presented into the Salem Central Co-operative Bank for encashment on 31.01.2003, it has been returned as 'insuffici...
Latha and Another Vs. L. Thangaraj
Court: Chennai
Decided on: Aug-03-2012
(Prayer: Civil revision petition filed against the judgement and decree dated 18.1.2012 passed by the VIII Judge, Court of Small Causes, Chennai, in R.C.A.No.194 of 2009 confirming the order dated 23.4.2009 passed by the XVI Judge, Court of Small Causes, Chennai, in R.C.O.P.No.192 of 2008.) 1. Animadverting upon the judgement and decree dated 18.1.2012 passed by the VIII Judge, Court of Small Causes, Chennai, in R.C.A.No.194 of 2009 confirming the order dated 23.4.2009 passed by the XVI Judge, Court of Small Causes, Chennai, in R.C.O.P.No.192 of 2008, 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 summation and summarisation of the germane facts absolutely necessary for the disposal of this civil revision petition would run thus: (i) The respondent herein/landlord filed the RCOP.No.192 of 2008, invoking Section 10(2)(i) of the Tamil Nadu Buildi...
Bap Employees Union Rep. by Its General Secretary, Bharat Heavy Electr ...
Court: Chennai
Decided on: Aug-03-2012
(Prayers: W.P.No.28352 of 2011: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the fifth and sixth respondents from altering the service conditions of the employees/discontinuing the existing practice with regard to the encashment of earned leave/half pay leave, which is being now calculated by dividing the monthly wage by 26 which is as per circular, dated 30.1.2004, without giving appropriate notice under Section 9A of the Industrial Disputes Act, 1947, and before the dispute, dated 17.9.2011, raised by the petitioner union, regarding change of service condition being adjudicated by the competent industrial adjudicator which is pending conciliation before the second respondent and further direct the conciliation officer viz., the second respondent to conciliate and effect settlement and if no settlement is forthcoming to submit failure report under Section 12(4) of the Industrial Disputes Act and in...
R. Lakshmi Vs. the Chief Engineer (Personnel), Tamilnadu Electricity B ...
Court: Chennai
Decided on: Aug-03-2012
(Prayer: This writ petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to pay the Petitioner family pension, family benefit fund and other terminal benefits including gratuity and also to provide the Petitioner employment on compassionate ground, Award costs.) ORDER M. VENUGOPAL, J. 1. The Petitioner has focussed the present Writ of Mandamus praying originally before a Learned Single Judge of this Court for directing the Respondents to pay her family pension, family benefit fund and other terminal benefits including gratuity and also to provide employment to her on compassionate ground. 2.It is not in dispute that the Petitioner is the wife of the deceased Raju, who worked as a Contract Labour in the Civil Section of Power House at Mettur Dam under various Contractors from 01.12.1991 to 30.04.1999. Also that he worked as a Helper in Tamilnadu Electricity Board till his demise on 23.11.2003. The Tamilnadu Electricity ...
Minor Subash Kailainathan S/O. Late Ganesan Rep. by Mother and Natural ...
Court: Chennai Madurai
Decided on: Aug-03-2012
(Prayer: Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to forthwith sanction the educational loan to the petitioner through out the course on the basis of the loan application in September 2011 and consequential representation of the petitioner dated 08.02.2012 without any further delay.) ORDER 1. The petitioner is minor Subash Kailainathan represented by his mother. He lost his father in the year 1994, while he was only three months old child. With great difficulties, he passed +2 examinations during the academic year 2010-2011 and he secured 55% mark. In fact, he obtained 375 marks out of 500 marks in his SSLC. Due to family problems, he was not able to get higher marks in +2 examination and he obtained only 55% mark in +2 examination because of his poorness. He had got admission under Government quota in Sivaji College of Engineering and Technology in Kaniyakumari District in the counselling ...
J.K. Jawarappa Vs. Rajan
Court: Chennai
Decided on: Aug-03-2012
(Prayer: Appeal is filed under Section 378 of Cr.P.C. against the Judgment dated 11.11.2005 made in C.C.No.545 of 2003 on the file of the learned Judicial Magistrate, Udhagamandalam.) 1. This appeal arises out of the Judgment of acquittal dated 11.11.2005 made in C.C.No.545 of 2003 on the file of the learned Judicial Magistrate, Udhagamandalam. 2. The appellant as a complainant filed a private complaint under Section 138 of the Negotiable Instruments Act stating that the respondent / accused borrowed a sum of Rs.4,00,000/- and for repaying the same, he issued Ex.P1-cheque bearing No.106828 drawn at Canara Bank, Edakadu Village at Nilgris. The said cheque was presented for encashment on 18.06.2003 in the State Bank of Travancore, Nilgris Branch and the same was returned with Ex.P2-Return Memo dated 18.06.2003 indicating as ‘Account Closed’. In this regard, the appellant issued Ex.P3-statutory notice under Section 138 of the Negotiable Instruments Act on 30.06.2003. The said ...
M/S. Gem Granites (Karnataka) Chennai Vs. Assistant Commissioner of In ...
Court: Chennai
Decided on: Aug-03-2012
(Prayer: Tax Case Appeals against the order of the Income Tax Appellate Tribunal, A Bench, Chennai, dated 18.10.2005 passed in I.T.A.Nos. 291/Mds/ 1999 and 1718, 1820/ Mds/ 1999 for assessment years 1995-96 and 1996-97.) Common Judgment CHITRA VENKATARAMAN, J. 1. The assessee has filed the above appeals as against the order of the Income Tax Appellate Tribunal for the assessment years 1995-96 and 1996-97. The T.C.(A).No. 1150 of 2006 was admitted on the following substantial questions of law:- "(i) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in holding that the interest under Section 234B is leviable even if there was no liability to pay advance tax is fastened on assessee, since at the due dates of payment of advance tax, the assessee was incurring losses and could not have comprehended taxable income at a later date? 2. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law i...
The Territory Manager-retail Bharat Petroleum Corporation Ltd. Tondiar ...
Court: Chennai
Decided on: Aug-03-2012
(Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records of the 1st respondent made in Ref. Rc. No. E3(2)/ 681/ 72850/ 2011, dated 15.2.2012 quash the same.) ORDER 1. Heard the learned counsel appearing for the petitioner, as well as the learned counsels appearing for the respondents. 2. It has been stated that the petitioner Corporation has set up a network of retail outlet dealers through whom it markets its petroleum products. One such retail outlet is situated, at Pantheon Road, Egmore, in the land belonging to the respondents 2 to 4. The superstructure in the said land, the underground storage tank and the other fittings therein, belong to the petitioner Corporation. 3. It had been further stated that the vacant land, comprised in survey No.1285 part, in Chintadaripet, Egmore, Chennai, admeasuring 5844 sq.ft., had been leased out, by late J.S.Mitchell and C.A.Nunis, in f...
Sevakkal and Another Vs. M. Valarmathi and Others
Court: Chennai Madurai
Decided on: Aug-03-2012
(Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree passed in MCOP No.1657 of 2006 dated 10.11.2008 by the learned Additional District and Sessions Judge (Fast Track Court No.3), Madurai.) This Civil Miscellaneous Appeal is filed against the judgment and decree passed in MCOP No.1657 of 2006 dated 10.11.2008 by the learned Additional District and Sessions Judge (Fast Track Court No.3), Madurai. 2. The first claimant is the wife and the second claimant is the daughter of the deceased-Karuppaiah, who filed a claim petition for compensation, claiming a sum of Rs.2,00,000/- in respect of the death of the deceased in an accident that took place on 08.07.2006. 3. The claim petition was filed against the owner and insurer of two lorries, bearing Registration Nos.TN-46-D-1741 (R1 and R2) and TN-28-E-7373 (R3 and R4). The Tribunal awarded a sum of Rs.50,000/- as compensation only on account of the loss of dependency and the second respondent- Insuranc...
Srinivasan and Others Vs. State Rep. by Inspector of Police All Women ...
Court: Chennai
Decided on: Aug-03-2012
(Prayer: Criminal Appeal filed under Section 374 of Cr.P.C., against the judgment of conviction and sentence dated 19.09.2008, made in S.C.No.257 of 2006 on the file of the Sessions Court, Mahila Court, Coimbatore.) 1. The criminal appeal arises out of the judgment of conviction and sentence, dated 19.09.2008, made in S.C.No.257 of 2006 on the file of the Sessions Court, Mahila Court, Coimbatore, whereby the accused were convicted for the offence under Sections 498A IPC and 306 IPC. Accused 1 to 3 were convicted for the offence under Section 498A IPC and sentenced to undergo one year simple imprisonment each and to pay a fine of Rs.1,000/- each in default in payment to undergo six months simple imprisonment each. They were convicted for the offence under Section 306 IPC and sentenced to undergo ten years rigorous imprisonment each and to pay a fine of Rs.5,000/- each in default in payment to undergo 1 year simple imprisonment each. 2. The respondent has filed a charge sheet against the...