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Chennai Court January 2013 Judgments

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Jan 10 2013

M.R.Kalyana Sundram Vs. 1.The Chief Engineer,

Court: Chennai

Decided on: Jan-10-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10. 01/2013 CORAM THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.4643 of 2008 M.R.Kalyana Sundram ... Petitioner Vs 1.The Chief Engineer, W.R.O., Chepauk, Chennai. 2.The Superintending Engineer, W.R.O./P.W.D., Tank Modernization Division, Trichy. 3.The Executive Engineer, W.R.O/P.W.D., Tank Modernization Division, Paramakudi. 4.The District Collector, Sivagangai. ... Respondents Prayer Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents 1 to 3 to hand over the sites to the petitioner, in furtherance of agreement 1DL/07-08, 2Dl/07-08, 3DL/07-08, 4DL/07-08, 5DL/07-08, 6DL/07-08, 7DL/07-08 and 8DL/07-08, dated 26.04.2008 in letter Number 10M/tgp/n.bjh.m/Bfh.115CWC, 11M/tgp/n.bjh.m/Bfh.115CWC, 12M/tgp/n.bjh.m/Bfh.115CWC, 13M/tgp/n.bjh.m/Bfh.115CWC, 14M/tgp/n.bjh.m/Bfh.115CWC and 15M/tgp/n.bjh.m/Bfh.115CWC, respectively. !For Petitioner ... No Appearance ^For ...


Jan 10 2013

Hindu Higher Secondary School Committee, Vs. Sri Andal Thiru Kalyana C ...

Court: Chennai

Decided on: Jan-10-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10. 01/2013 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA C.R.P.(NPD)(MD)No.1147 of 2009 and M.P.(MD)No.1 of 2009 Hindu Higher Secondary School Committee, Srivilliputtur, through its Secretary, G.S.Hindu Higher Secondary School, Library Street, Srivilliputtur Town. .. Petitioner/Respondent/ Defendant Vs. Sri Andal Thiru Kalyana Committee of Sri Andal Deity Natchiar Devasthanam, Srivilliputtur, through its representative Subbaiah ... Respondent/Petitioner/ Plaintiff Prayer Petition filed under Section 115 of the Code of Civil Procedure, to set aside the Fair and Decreetal order passed by the Principal District Munsif Court, Srivilliputtur in I.A.No.590 of 2001 in O.S.No.45 of 1996, dated 03.06.2008. !For Petitioner ... Mr.G.Marimuthu ^For Respondent ... Mr.A.Sivaji * * * * * :ORDER The Civil Revision Petition has been filed to get set aside the order dated 03.06.2008 passed in I.A.No.590 of 2001 in O.S.No.45 of 1996, by the learned Princ...


Jan 10 2013

Jebamani Vs. the District Collector,

Court: Chennai

Decided on: Jan-10-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10. 01/2013 CORAM THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.6309 of 2008 Jebamani ... Petitioner Vs The District Collector, Ramanathapuram. ... Respondent Prayer Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondent to issue a fresh cutting order to the petitioner in lieu of an earlier cutting order vide mu.mu.E.4-98234-04, dated 06.12.2004. !For Petitioner ... No Appearance ^For Respondent ... Mr.S.Kumar Additional Government Pleader :ORDER When the matter was listed on 09.01.2013, there was no representation for the petitioner. Hence, the matter is listed to-day under the caption 'For Dismissal'. Today also, there is no representation on behalf of the petitioner. 2.Accordingly, the writ petition is dismissed for default. No costs. er To, 1.The District Collector, Ramanathapuram. 2.The Additional Government Pleader, Madurai Bench of Madras High Court, ...


Jan 10 2013

Rethinam Vs. 1.State of Tamil Nadu Represented

Court: Chennai

Decided on: Jan-10-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10. 01/2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P (MD) No.1399 of 2012 Rethinam .. Petitioner vs 1.State of Tamil Nadu represented by Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600009. 2.The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli. .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus calling for the records relating to the Detention Order passed by the second respondent pertaining to the order made in C.P.O/T.C/I.S/D.O.No.73/2012 dated 31.10.2012 in detaining the detenu under 2 (f) of the Tamil Nadu Act 14 of 1982, as a Goonda and quash the same and direct the respondents to produce the detenu, Manickam @ Jeeva, S/o.Muthusamy, male aged 28 years, who is detained at Central Prison, Tiruchirappalli, before this Court and set him at liberty. !For petitioner...


Jan 10 2013

P.Karthikeya Vs. State, Through the Inspector of Police,

Court: Chennai

Decided on: Jan-10-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10. 01/2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRIMINAL APPEAL (MD).No.297 of 2006 and CRIMINAL APPEAL (MD).No.540 of 2006 P.Karthikeyan ... Appellant in C.A.(MD).No.297 of 2006 P.Palanisamy ... Appellant in C.A.(MD).No.540 of 2006 Vs. State, through the Inspector of Police, X-2 Karuppayurani Police Station, Madurai, Crime No.88 of 1999. ... Respondent in both Criminal Appeals PRAYER Appeal is filed under Section 374 of the Code of Criminal Procedure to call for the records in S.C.No.121 of 2003, on the file of the learned Additional District and Sessions Judge, FTC.not II, Madurai, dated 12.06.2006 and set aside the same. !For Appellants ... Mr.S.Ashokkumar Senior Counsel For M/s.K.J.Associates ^For Respondent ... Mr.A.Ramar Additional Public Prosecutor :JUDGMENT ************* [Judgment of the Court was delivered by S.NAGAMUTHU, J.] The appellants are the accused Nos.1 and 3 in S.C...


Jan 10 2013

K.Vijayalakshmi Vs. B.Prakasham

Court: Chennai

Decided on: Jan-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:10. 01.2013 CORAM: THE HON'BLE MRS.JUSTICE R.BANUMATHI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN L.P.A.Nos.3 to 6 of 2012 K.Vijayalakshmi .... Appellant in LPA.No.3 of 2012 K.Perumalsamy ... Appellant in LPA.Nos.4 to 6 of 2012 Vs.1. B.Prakasham, The General Manager (TN), Food Corporation of India, 124, Greams Road, Chennai.2. D.Muthuramalingam, The Manager, Karur Vysya Bank, 280, WGC Road, Thoothukud002. ... Respondents in all L.P.As Prayer: LPA.Nos.3 to 6 of 2012 are filed under Clause 15 of the Letters Patent against the Order dated 4.6.2012 in Contempt Petition Nos.426, 423, 424 and 425 of 2012 respectively on the file of this Court. COMMON JUDGMENT Whether the single Judge digressed from the limited scope of contempt jurisdiction and whether the Letters Patent Appeals under Clause 15 of the Letters Patent are maintainable and whether there was any wilful disobedience of the interim order dated 2.6.2011 made in O.A.No.491 of 2011 are t...


Jan 10 2013

1.Felix Rajkumar Vs. State by the Inspector of Police

Court: Chennai

Decided on: Jan-10-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10. 01/2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Criminal Appeal (MD).No.40 o1. Felix Rajkumar 2.John Victor 3.Santhosh Akaikalaraj 4.Gandhi @ Joseph 5.Henri 6.Amalraj .. Appellants vs. State by the Inspector of Police Kallakudi Police Station, Thiruchirappalli District. .. Respondent Cr.No.54/2002 Criminal appeal is filed under Section 374 of Criminal Procedure Code against the conviction and sentence passed by the Additional District and Sessions Judge-cum-Fast Track Court No.1, Thiruchirappalli in S.C.No.45 of 2005, dated 29.11.2005 and prays to set aside the same. !For appellants ... Mr.S.Ashok Kumar Senior Counsel for Mr.AR.Jeya Rhuthran ^For respondent ... Mr.A.Ramar Additional Public Prosecutor :JUDGMENT (Judgment of the Court was delivered by S.NAGAMUTHU, J) Challenge in this appeal is to the conviction and sentence imposed on the appellants. in S.C.No.45 of 2009. on the file ...


Jan 10 2013

India Pistons Ltd. Vs. Commissioner of Central Excise

Court: Chennai

Decided on: Jan-10-2013

In the High Court of Judicature at Madras Dated :10. 1.2013 Coram The Honourable Mrs.JUSTICE CHITRA VENKATARAMAN and The Honourable Mr.JUSTICE R.KARUPPIAH Civil Miscellaneous Appeal (NPD) No.1696 of 2005 & CMP.No.9471 of 2005 India Pistons Ltd., Chennai-11 ... Appellant Vs The Commissioner of Central Excise (Appeals), Chennai-34. ... Respondent APPEAL under Section 35G of the Central Excise Act, 1944 to set aside the order No.301 of 2005 in Appeal not E/1225/2001 dated 10.3.2005 of the Customs, Excise and Service Tax Appellate Tribunal, Chennai-6. For Appellant : Mr.Krishna Srinivasan for Mr.S.Ramasubramaniam For Respondent : Mr.E.Vijayanand JUDGMENT WAS DELIVERED BY CHITRA VENKATARAMAN,J This civil miscellaneous appeal, filed at the instance of the assessee, was admitted by this Court on the following substantial questions of law: "i. Whether the CESTAT failed to see that the scheme of deemed credit on aluminium, which itself postulates the availment of credit by the manufact...


Jan 10 2013

Orchid Chemicals and Pharmaceuticals Limited Vs. Idbi Bank Limited

Court: Chennai

Decided on: Jan-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :10. 01.2013 CORAM THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR WRIT PETITION NO.27547 of 2012 and M.P.Nos.1 and 2 of 2012 Orchid Chemicals & Pharmaceuticals Limited rep. by its Senior General Manager-Legal and Company Secretary "Orchid Towers" 313, Valluvarkottam High Road Nungambakkam Chenna034. ... Petitioner Vs. IDBI Bank Limited 115, Anna Salai P.B.No.805, Saidapet Chenna015. ... Respondent Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Declaration declaring that the purported exercise of the right of conversion by the respondent-bank, of part of the loan to the extent of Rs.30,19,37,460/- into 3,01,93,746 equity shares at par pursuant to the respondent's communication dated 30.8.2012 is null and void, non-est and inoperative. For Petitioner : Mr.AL. Somayaji Senior Counsel for Mr.T.K.Bhaskar For Respondents : Mr.R.Krishnamurthy Senior Counsel for Mr.P.L.Nara...


Jan 10 2013

Nakshatra Service Apartments Vs. Assistant Commissioner Ct

Court: Chennai

Decided on: Jan-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:10. 1.2013 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition Nos.824 to 833 of 2013 and M.P.No.1 of 2013 in all W.Ps. W.P.No.824 of 2013:- ------------------ M/s.Nakshatra Service Apartments, No.28, Cenataph Road, Teynampet, Chennai-600 018. ... Petitioner vs. The Assistant Commissioner(CT), Mandaveli Assessment Circle, Chennai. ... Respondent Writ Petition Nos.824 of 2013 is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari, calling for the records of the respondent in his proceedings in Rc.1774/2010/2008-2009/TNLTH, and quash the assessment order dated 31.08.2012 made therein. For Petitioner in all W.Ps. : Mr.P.V.Sudakar, For Respondent in all W.Ps. : Mr.Aditya Reddy, Government Advocate (Tax) COMMON ORDER W.P.No.824 of 2013 is filed praying to issue a Writ of Certiorari, calling for the records of the respondent in his proceedings in Rc.1774/2010/2008-2009/TNLTH, and quash the assessment ord...



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