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Chennai Court October 2013 Judgments

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Oct 29 2013

Vitan Departmental Stores Vs. the State of Tamilnadu

Court: Chennai

Decided on: Oct-29-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:29. 10.2013 Coram The Honourable Mrs.Justice CHITRA VENKATARAMAN and The Honourable Mr.Justice T.S.SIVAGNANAM Tax Case (Revision) Nos.29 & 30 of 2011 --- Tvl.M/s.Vitan Departmental Stores & Industries Limited, 21, Sterling Road, Chennai 600 038. ... Petitioner in both case -vs- The State of TamilNadu, Rep. by the Joint Commissioner (CT), Chennai East Division, Chennai 600 006. ... Respondent in both case Tax Case Revisions petition filed under Section 38 of the TNGST Act, 1959, the order of the Tamil Nadu Sales Tax Appellate Tribunal (Main Bench), Chennai, dated 18.10.2010, passed in T.A.No.213 & 262 of 2007. For Petitioner : Mr.V.Sundareswaran for Mr.K.Venkatasubramanian For Respondent : Mr.Aditya Reddy Government Advocate COMMON ORDER T.S.SIVAGNANAM, J.These Tax Case Revisions have been admitted on the following substantial questions of law:- 1.The Appellate Tribunal erred in law in not appreciating the fact that there exi...


Oct 29 2013

United India Insurance Co. Ltd. Vs. C.Sathiyamoorthy

Court: Chennai

Decided on: Oct-29-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:29. 10.2013 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Civil Miscellaneous Miscellaneous Appeal No.2029 of 2013 and M.P.No.1 of 2013 M/s.United India Insurance Co. Ltd., Mills Road, Coimbatore. ... Appellant/3rd Respondent vs. 1.C.Sathiyamoorthy, 2.Mrs.Subadhra, 3.Mr.Krishnan, 4.P.Kalpesh. (3rd respondent ex parte in lower court) ... Respondents/Petitioners 1 and 2 and Respondents 1 and 2 Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 30.9.2011 passed in M.C.O.P.No.460 of 2009 on the file of the Motor Accidents Claims Tribunal (Principal Sub Court), Coimbatore. For appellant : Mr.M.B.Raghavan For respondents 1 and 2 : Mr.V.Vijayakumar ----- JUDGEMENT (Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) The United India Insurance Company is the appellant in the above appeal challenging the award and decree...


Oct 28 2013

M.Murugan Vs. Sub Divisional Magistrate and Revenue Divisional Officer

Court: Chennai

Decided on: Oct-28-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.10.2013 CORAM: THE HON'BLE Ms.JUSTICE K.B.K.VASUKI Crl.R.C.No.1475 of 2012 and M.P.Nos.1/2012 and 1/2013 1.M.Murugan 2.M.Suresh .Petitioners versus 1.The Sub Divisional Magistrate and Revenue Divisional Officer, Ambattur Division, Ambattur, Thiruvallur District. 2.The Tahsildar, O/o.Madhavaram Tahsildar, Madhavaram, Chennai. 3.The Inspector of Police (L&O) H8, Thiruvotriyur Police Station, Thiruvotriyur, Chennai 600 019. 4.Raj Kumar 5.Lakshmanan 6.Susindra 7.Subash Chandragupta .Respondents Criminal revision is filed under Section 397 of the Code of Criminal Procedure, praying to call for the records relating to the impugned order dated 16.10.2012 of the fiRs.respondent in Na.Ka.No.1898/2012/A1 and set aside the same. For Petitioner : M/s.Mass Associates Mr.A.Swaminathan For Respondents : Mr.C.Iyyapparaj, GA(Crl.Side) R1 to R3 Mr.V.Rajamohan-R4 to R7 ORDER The issue involved herein is relating to the existence or otherwise of comm...


Oct 28 2013

M.Vijayalakshmi Vs. Authorised Officer of State Bank of India

Court: Chennai

Decided on: Oct-28-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 28.10.2013 Coram The Hon'ble Mr.Justice R.SUDHAKAR and The Hon'ble Mrs.Justice PUSHPA SATHYANARAYANA Writ Petition No.28904 of 2013 and M.P.No.1 of 2013 M.Vijayalakshmi. ... Petitioner vs. 1.Authorised Officer, State bank of India, Palacode Branch, Palacode 636 808, Dharmapuri District. 2.The Chief judicial Magistrate, Dharmapuri, Dharmapuri District. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings in Crl.M.P.No.391/13 dated 19.8.2013 passed by the second respondent and quash the same and consequently direct the respondent not to take possession or auction of the petitioner property in S.No.74 vacant house site, measuring an extent of 6110 sq. ft. situated at Kottumaranahalli Village, Palacode Taluk, Dharmapuri District. For petitioner : Mr.D.Nandagopal For respondents : Mr.P.Audikesavalu...


Oct 28 2013

Bank of India Vs. Mr.V.Devadass

Court: Chennai

Decided on: Oct-28-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:28. 10.2013 CORAM: THE HON'BLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HON'BLE MR.JUSTICE R.MAHADEVAN Writ Appeal No.2003 of 2010 & MP.No.1 of 2010 1. The Zonal Manager Bank of India, Zonal Office No.46, Garuda building Cathedral Road Chennai 600 086 2. The Chief Regional Manager Bank of India, Regional Office Plot No.3, Vaigai Colony 80 Feet Road Anna Nagar, Gandhi Nagar Post Madurai 625 020 ..Appellants -vs- Mr.V.Devadass No.14, Kamaraj Colony Parvathypuram, Musiri, Trichy District 621 211 ..Respondent WRIT APPEAL filed under Clause 15 of Letters Patent against the order passed in W.P.No.14684 of 2000 dated 7.7.2010. For Appellants : Mr.Sanjay Mohan for M/s.S.Ramasubramaniam Associates For Respondent : Mr.Silambanan for Ms.C.Uma JUDGMENT (Judgment of the Court was delivered by N.PAUL VASANTHAKUMAR, J) Heard Mr.Sanjay Mohan, learned counsel for the appellant and Mr.Silambanan, learned senior counsel for the respondent.2. This Writ Ap...


Oct 28 2013

Empee Distilleries Limited Vs. State of Tamil Nadu

Court: Chennai

Decided on: Oct-28-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:28. 10.2013 CORAM: THE HONOURABLE MR. JUSTICE S.MANIKUMAR W.P.No.28819 of 2013 M.P.Nos.1 and 2 of 2013 M/s.Empee Distilleries Limited (Power Division) No.261/3, Koothadivayal Village, Aranthangi Taluk, Pudukottai District, rep. by its Vice President (Power Division) .. Petitioner vs. 1.The State of Tamil Nadu, rep.by the Secretary to Government, Energy Department, Secretariat, Fort St.George, Chennai 600 009. 2.The Director of Electricity Tax, O/o the Chief Electrical Inspector to Government, Thiru.vi.ka.Industrial Estate, Chennai 600 032. 3.The Electrical Inspector & Electricity Tax, Inspecting Officer, 13, NH Bungalow Road, TVS Toll Gate, Trichy 620 020. .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the impugned demand notice of the third respondent in Lr.No.147/E1/TRY/TA/2013 dated 18.7.2013 and quash the same as being violative of the p...


Oct 28 2013

isac Newton Vs. Managing Director of Tamil Nadu State Transport Corpor ...

Court: Chennai

Decided on: Oct-28-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:28. 10.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.2726 of 2009 Isac Newton ... Appellant Vs. The Managing Director Tamil Nadu State Transport Corporation Ltd., Villupuram ... Respondent PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 16.04.2007, made in M.C.O.P.No.445 of 2002, on the file of the Motor Accident Claims Tribunal-cum-Principal Sub-Court, Thiruvannamalai. For Appellant : Mrs.M.Malar For Respondent : Mr.S.S.Swaminathan - - - JUDGMENT The appellant / claimant has preferred the present appeal against the judgment and decree dated 16.04.2007, made in M.C.O.P.No.445 of 2002, on the file of the Motor Accident Claims Tribunal-cum-Principal Sub-Court, Thiruvannamalai.2. The short facts of the case are as follows:- The appellant/claimant had filed a claim petition in M.C.O.P.No.445 of 2002, on the file of the Motor Accident Claims Tribuna...


Oct 28 2013

Commissioner of Income Tax Vs. Cavinkare Pvt Ltd.

Court: Chennai

Decided on: Oct-28-2013

In the High Court of Judicature at Madras Dated ::28. .10..2013 Coram :: The Hon'ble Mrs. Justice Chitra Venkatraman and The Hon'ble Mr. Justice T.S. Sivagnanam Tax Case (Appeal) Nos:1796. to 1798 of 2008 Commissioner of Income Tax ... Appellant in all the Chennai. appeals -vs- M/s. Cavinkare Pvt. Ltd. 130 Peters Road ... Respondent in all the Chennai - 600 086. appeals .. .. .. Tax Case (Appeals) under Section 260 A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'A' Bench, dated 25.04.2008 in ITA Nos:156. and 157/Mds/2007 and ITA No:1848. Mds/2005. For appellant :: Mr. T. Ravikumar Standing counsel for I.T. For respondent :: Mr. R. Sivaraman .. .. .. JUDGMENT (Judgment of the Court was delivered by Chitra Venkatraman, J.) Following are the substantial questions of law raised by the Revenue in these Tax Case Appeals : ".1. Whether on the facts and circumstances of the case, the Tribunal was right in holding that the indirect expenditure ...


Oct 28 2013

1.Thoothukudi Vadadhisai Hindu Nadar Mahamai Vs. 1.S.Amirtharaj

Court: Chennai

Decided on: Oct-28-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28. 10/2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.R.P.(PD) (MD) No.1839 of 2012 and M.P(MD)Nos.1 of 2012 & 1 of 2013 1.Thoothukudi Vadadhisai Hindu Nadar Mahamai Dharma Karapettai Paripalana Sangam (Reg.No.4/1919) Through its Secretary, Great Cotton Road, Thoothukudi Town. 2.Vinayagamoorthy, Thoothukudi Vadadhisai Hindu Nadar Mahamai, Dharma Karapettai Paripalana Sangam, Great Cotton Road, Thoothukudi Town. 3.Inbasekharan Thoothukudi Vadadhisai Hindu Nadar Mahamai, Dharma Karapettai Paripalana Sangam, Great Cotton Road, Thoothukudi Town. ... Petitioners Vs. 1.S.Amirtharaj 2.J.Mahendran 3.P.S.P.K.J.Somu ... Respondents PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records pertaining to the impugned fair and decretal order passed by the Court of the learned Subordinate Judge, Thoothukudi in I.A.No.678 of 2012 in O.S.No.152 of 2012 dated 31.07.2012 and set aside the same. ...


Oct 24 2013

Lt. Col. Rajesh Maliwal Vs. Union of India Through the Under Secretary ...

Court: Armed forces Tribunal AFT Regional Bench Chennai

Decided on: Oct-24-2013

L.t. Gen. Anand Mohan Verma, Member-Administrative: 1. The petitioner was commissioned in the Indian Army (ASC) on 22nd August 1992 his date of seniority being 21st April 1993. He was considered for promotion to the rank of Colonel by No.3 Selection Board held on 3rd May 2011 in which he was not found fit for promotion. His Statutory Complaint against non-empanelment was rejected. Thereafter, he filed this O.A. seeking relief of setting aside/expunging five (5) impugned CRs and grant of other reliefs as prayed for in the Statutory Complaint and be considered for promotion to the rank of Colonel at par with his batch mates as a fresh case, be promoted notionally with seniority and consequential benefits and pass further or other orders as deemed fit. The impugned CRs are for the periods from 1st June 2001 to 31st January 2002, assessment of RO and SRO and HTO in the CRs from 1st June 2006 to 31st May 2007, from 1st June 2007 to 14th April 2008, from 1st June 2008 to 31st December 2008 a...


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