Chennai Court September 2012 Judgments
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K.B.Nawabjan Vs. Lodd Ramgopal and Others
Court: Chennai
Decided on: Sep-03-2012
(PRAYER: Second Appeal is filed under section 100 C.P.C. against the Judgment and Decree dated 13.01.2004 made in A.S.No.28 of 2002 on the file of the IV Additional Judge, City Civil Court, Chennai in reversing the Judgment and Decree dated 16.02.2001 made in O.S.No.4987 of 1976 on the file of the 14th Assistant Judge, City Civil Court, Chennai.) This appeal is directed against the Judgment and decree passed by the First Appellate Court in A.S.No.28 of 2002 dated 13.01.2004 in reversing the Judgment and decree passed by the trial Court made in O.S.No.4987 of 1976 dated 16.02.2001 in dismissing the suit. 2. The appellant herein was the 7th defendant in the suit and the first respondent was the plaintiff and the respondents 2 to 6 were the defendants 2 to 6 and the respondents 7 to 15 were the defendants 9 to 17 before the trial Court. The rank of parties before the trial Court are being maintained for convenience. 3. The case of the plaintiff as stated in the plaint would be as follows:...
Dindigul Steel Rolling Mills (P) Ltd., Rep. by Its Manager Vs. the Chi ...
Court: Chennai Madurai
Decided on: Sep-03-2012
(Prayer in W.P.(MD).2347/2009: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari calling for the records of the order of the second respondent made in Lr.No.SE/DEDC/DGL/AEE/G.1/A.E2/F.DSRM/D.No.698/2008, dated 12.06.2008, as confirmed by the order of the first respondent in Appeal No.1, dated 28.01.2009, and to quash the said orders of the second and first respondent, dated 12.06.2008 and 28.01.2009. Prayer in W.P.(MD).8957/2012: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for the records relating to the order of the 1st respondent bearing Lr.No.SE/DEDC/DGL/AEE/GL/AE.I/R.HT Doc/D.No.1935/11, dated 07.12.2011 and to quash the same and consequently, to direct the respondents to forthwith provide the conversion of 22KV HT supply to 33 KV HT supply to petitioner's HT SC.196 without insisting the payment of Rs.68,63,191/- pending in petitioner'...
Minor Y. Vandana Rep. by Her Father and Natural Guardian G. Yuvaraj Vs ...
Court: Chennai
Decided on: Sep-03-2012
(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus calling for the records of the first respondent relating to Circular No.574/ECA1/2012 dated 30.4.2012 and quash the words "Business Mathematics Not Eligible" occurring under Note to Clause 1 of Guideline No.13 and directing the respondents 1 and 3 to consider the Application NO.1920 of the petitioner for admission to B.Arch degree course 2012.) ORDER 1. The petitioner, who is aspiring for admission to B.Arch degree course in anyone of the colleges affiliated to Anna University, Chennai-25, has filed this writ petition challenging the circular issued by the first respondent dated 30.4.2012 to quash the wordings "Business Mathematics not eligible" occurring under Note to Clause 1 of Guideline No.13 and to direct the first respondent to consider the application No.1920 of the petitioner for admission to B.Arch degree Course 2012-2013. 2. The br...
The Oriental Insurance Company Limited, Karur Vs. Pavayammal (Deceased ...
Court: Chennai
Decided on: Sep-03-2012
(Prayer: This Civil Miscellaneous Appeal is filed against the Judgment and Decree dated 29.9.2003 made in MCOP.No.413/2001 by the learned Subordinate Judge (MACT) Bhavani.) 1. This Civil Miscellaneous Appeal is filed against the Judgment and Decree dated 29.9.2003 made in MCOP.No.413/2001 by the learned Subordinate Judge (MACT) Bhavani, whereby the Tribunal awarded a sum of Rs.4,50,000/- as total compensation to the 1st Respondent/claimant for the injuries sustained by her in the motor accident that occurred on 29.3.2001. 2. The injured claimant, who died pending this appeal was an agricultural coolie, earning Rs.3000/- per month, met with an accident on 29.3.2001 at about 8.30 p.m. on Bhavani to Anthiyur Main Road, near Thottipalayam. She was hit by the offending lorry which was insured with the Appellant Insurance Company. Her right leg was amputated above knee from the thigh. She filed an application before the Tribunal claiming compensation for the injuries suffered by her in the a...
Commissioner of Income Tax Chennai Vs. M/S. Areva T and D India Limite ...
Court: Chennai
Decided on: Sep-03-2012
(Prayer: Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 as against the order of the Income Tax Appellate Tribunal, Bench "A", Chennai dated 29.07.2005 made in I.T.A.Nos.1687/Mds/2000 and 1688/Mds/2000.) (CHITRA VENKATARAMAN,J.) 1. The Revenue is on appeal as against the order of the Tribunal relating to the assessment years 1995-96, 1996-97 and 1997-98. As far as Tax Case (Appeal) Nos.1184 and 1185 of 2006 are concerned, the following substantial questions of law are raised: (i) Whether in the facts and circumstances of the case, the Tribunal was right in holding that the re-assessment framed under Section 143(3) read with 147 for the assessment year 1994-95 is invalid on the ground that no notice under Section 143(2) was served before framing the assessment? (ii) Whether in the facts and circumstances of the case, the Tribunal was right in holding that expenditure on renting a guest house is allowable as a business expenditure as per Section 37(4)? (iii)Whether i...
C.S. Robert and Another Vs. M. Kanagappan and Others
Court: Chennai
Decided on: Sep-03-2012
(Prayer: Review Application filed under Order XLVII Rule 1 of C.P.C., against the judgment of this Court dated 29.04.2003 made in L.P.A.No.80 of 1998.) R.SUBBIAH, J., 1. This Review Application has been filed to review the judgment (29.04.2003) made in L.P.A.No.80 of 1998 pursuant to an observation made by the Hon'ble Supreme Court in S.L.P.(Civil)No.No.9764/2003 to approach this Court by way of review petition. 2. Review Applicants are plaintiffs and respondents 1 to 4 herein are defendants before the Trial Court. For easy reference, parties are hereinafter referred to as arrayed in the original suit. 3. The brief facts, which are necessary to decide the issue involved in the Review Application, are as follows: (a) Plaintiffs filed a suit in O.S.No.396 of 1993 on the file of Additional Sub Court, Dindigul, against defendants for (a) declaring that suit Church and properties described in the Schedule belong to entire Catholic Public of Vakampatti in Dindigul Taluk; (b) in consequence t...
The Union of India Rep. by Senior Divisional Electrical Engineer (Trdf ...
Court: Chennai
Decided on: Sep-03-2012
(Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari, calling for the records relating to O.A.Nos.494, 586 and 703 of 2009 on the file of the Central Administrative Tribunal and quash the order dated 30.04.2010.) Common Order (Elipe Dharma Rao, J) 1. These writ petitions were filed by the Department of Railways, Salem Division, challenging the common order, dated 30.04.2010, passed by the Central Administrative Tribunal, in O.A.Nos. 494, 586 and 703 of 2009 respectively, whereby the challenge made by the applicants therein to the order of selection for the post of Loco Pilots (Goods) Grade II, dated 22.05.2009, passed by the second respondent therein, was allowed by setting aside the said order and the respondents therein were directed to make fresh selection as per the procedure prescribed by the Railway Board, vide order No.E(NG)1-2008/PM1/15, dated 3.9.2009. 2. The brief facts, in nutshell, are as follows:- (a) R...
M. Rajeshwari Vs. the District Collector Dharmapuri District and Anoth ...
Court: Chennai
Decided on: Sep-03-2012
(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents herein to reinstate the petitioner in service as Assistant in Children Welfare Centre, Mudhugampatti, Pennagaram Taluk, Dharmapuri District within the time frame.) 1. The petitioner was appointed as an Assistant in Children Welfare Centre, Mudhugampatti in Pennagaram Taluk, Dharmapuri District, by the second respondent by an order dated 08.09.1985. 2. According to the petitioner, she was falsely implicated in the criminal case in Crime No.11 of 1990 on the file of the Inspector of Police, Pennagaram, for the alleged offence punishable under Section 306 IPC. 3. Whileso, the petitioner was placed under suspension by the second respondent by an order dated 22.02.1990. 4. The petitioner was acquitted by the learned Chief Judicial Magistrate, Dharmapuri, by an order dated 04.03.2010 in Sessions Case No.58 of 1997. 5. Based on the said acqu...
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