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Chennai Court February 2013 Judgments

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Feb 18 2013

Ratchakar Vs. State

Court: Chennai

Decided on: Feb-18-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:18. / 02 /2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN Crl.R.C.No.232 of 2012 & M.P.No.1 o1. Ratchakar 2.Rani .. Petitioners Vs. State Represented by Station House Officer, Neyveli Town ship, Cuddalore District. (Crime No.921 of 2010 .. Respondent PRAYER : Criminal Revision is filed under Sections 397 and 401 of Cr.P.C., to call for the records of the learned Sessions Judge, Mahila Court, Cuddalore, Cuddalore District and set-aside the order passed by the Court in C.M.P.No.90 of 2011 in S.C.No.125 of 2011, dated 16.11.2011. For Petitioners : Mr.C.Prasanna Venkatesh For Respondent : Mr.D.Sivaram Kumar Government Advocate ******* O R D E R The brief facts of the case are as follows:- The respondent / Police herein had registered a criminal case in Crime No.921 of 2010, against the revision petitioners herein and two other persons for the alleged offence under Sections 376, 302 and 506 (ii) of IPC, on the strength of the complaint giv...


Feb 18 2013

The Oriental Insurance Company Limited, Vs. 1.M.Karuppaiah

Court: Chennai

Decided on: Feb-18-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18. 02/2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.(MD)No.439 of 2005 & C.M.P.(MD)No.3054 of 2005 The Oriental Insurance Company Limited, D.O.U. UIL 8.I Floor, Chennai, Rep. by its Branch Manager. ... Appellant Vs. 1.M.Karuppaiah 2.M/s.Chettinadu Logistics Private Limited, 51-A, Ranimeyyammai Buildings, Karur-Trichy Main Road, Puliyur, Karur District. ... Respondents PRAYER Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set-aside the award of Rs.2,39,780/- passed in W.C.No.143 of 2004, dated 10.02.2005, on the file of the Deputy Commissioner for Workmen's Compensation, Dindigul. !For Appellant ... Mr.K.Bhaskaran ^For Respondents... Mr.K.Karthikeyan for R-1 - - - :JUDGMENT The appellant / second respondent has preferred the present appeal against the order passed in W.C.No.143 of 2004, on the file of the Deputy Commissioner for Workmen's Compensation, Dindigul.2. The short facts of the...


Feb 18 2013

Sajjan Kanwar Bafna Vs. District Collector of Kancheepuram District

Court: Chennai

Decided on: Feb-18-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:18. 2-2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.3004 of 2013 and M.P.No.1 of 2013 Sajjan Kanwar Bafna .. Petitioner Versus 1. The District Collector, Kancheepuram District, Kancheepuram.2. The Deputy General Manager, Power Grid Corporation of India Limited, No400/230, KV Sub-Station, Kalivanthappattu, Guduvancherry, Chennai-603 202. .. Respondents. Prayer: Petition filed seeking for a Writ of Certiorari calling for the records on the file of the 1st respondent in RC No.131/2013/MI and quash the order, dated 25.1.2013. For Petitioner : Mr.A.Ramesh, Senior Advocate for Mr.K.Surendar For Respondents : Ms.P.Kavitha, Government Advocate (R1) Mr.Jayesh B.Dolia (R2) O R D E R Heard the learned counsel appearing for the petitioner, as well as the learned counsels appearing on behalf of the respondents.2. The brief facts of the case are as follows:2. 1. The petitioner is the correspondent of St.Peters Matriculation Higher...


Feb 18 2013

Tulsyan Nec Ltd. Vs. Chairman of Tamilnadu Electricity Board

Court: Chennai

Decided on: Feb-18-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:18. 2.2013 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.26041 of 2012 M/S.TULSYAN NEC LTD. [ PETITIONER ] H.T.Sc.NO.1823, NO.61 SEMBUDOSS STREET CHENNAI-600 001 REP. BY ITS EXECUTIVE ACCOUNTS MR.V.RAJENDRAN Vs 1 THE CHAIRMAN TAMILNADU ELECTRICITY BOARD 144 ANNA SALAI, CHENNAI-2 2 THE SUPERINTENDING ENGINEER TANGEDCO, CHENNAI ELECTRICITY DISTRIBUTION CIRCLE/NORTH TAMILNADU ELECTRICITY BOARD 144 ANNA SALAI, CHENNAI-2 [ RESPONDENTS ] This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in Lr.not SE/CEDC/N/AEE/DEV/AE/D2/F 1823/D1149/12 dated 30.8.2012 and quash the same as illegal arbitrary and untenable under law and consequently direct the 2nd respondent to sanction and effect additional demand of 4000 K.V.A. in addition to the existing demand of 4200 K.V.A. to the petitioner industry M/s.TULSYAN N...


Feb 18 2013

R.Muthukumaraswamy Vs. Assistant Commissioner of Urban Land Tax

Court: Chennai

Decided on: Feb-18-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :18. 02-2013 CORAM THE HON'BLE MR.JUSTICE VINOD K.SHARMA WRIT PETITION No.6995 of 2009 and M.P.No.1 o1. R. Muthukumaraswamy 2. A. Jenasenan 3. K. Sundareswaran .. Petitioners Vs The Assistant Commissioner, Urban Land Tax Mylapore, Chennai-600 005 .. Respondent Writ Petition filed under under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari to call for the proceedings of the respondent dated 3.12.2008 made in Va.Vi.No.22/22A/22B/22C/Part 8/Mylapore 1991 and quash the said proceedings and consequently direct the respondent to hear the petitioners regarding assessment of Tax. For petitioners : Mr.R. Krishnamurthy, Senior Counsel for Mr.V. Ayyadurai For respondent : Mr.R. Ravichandran AGP ORDER The petitioner prays for issuance of Writ in the nature of Certiorari to quash the order dated 3.12.2008 issued vide Va.Vi.No.22/22A/22B/22C/Part 8/Mylapore 1991, with consequential relief to direct the responde...


Feb 18 2013

P.N.Krishnan Vs. R.Shanmugaraj

Court: Chennai

Decided on: Feb-18-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE :18. 02.2013 CORAM THE HONOURABLE Mr. JUSTICE M. VENUGOPAL C.R.P.(PD) No.851 of 2011 and M.P.No.1 of 2011 P.N.Krishnan ... Petitioner Vs 1.R.Shanmugaraj 2.M/s.DHFL Vysya Housing Finance Limited, Branch Office at 382C, Manian Corner, DB Road, R.S.Puram, Coimbatore-641 002. 3.M/s. State Bank of India, Veerakeralam Branch, Coimbatore. ... Respondents Prayer: This Civil Revision Petition is filed under Article 227 of Constitution of India as against the order passed by the Learned Additional District and Sessions Judge, Fast Track Court not III, Coimbatore, in I.A.No.150 of 2010 in O.S.No.670 of 2008, dated 26.10.2010. For Petitioner : Mr.B.Nedunchezhiyan For Respondents : Mr.Aditya Shivakumar for M/s.J.Ramakrishnan for R1 Mr.S.Kanniah for R3 R2- Served No Appearance ORDER The Petitioner/First Respondent/First Defendant has preferred the instant Civil Revision Petition as against the order dated 26.10.2010 in I.A.No.150 of 2010 in O.S.No.670 o...


Feb 18 2013

B.Mohammed Ali Vs. Commissioner of Corporation of Coimbatore

Court: Chennai

Decided on: Feb-18-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:18. 2-2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.1117 of 2013 and M.P.No.1 of 2013 B.Mohammed Ali .. Petitioner Versus 1. The Commissioner Corporation of Coimbatore, Coimbatore-2.2. Assistant Commissioner (West Zone-III), Corporation of Coimbatore, Coimbatore. .. Respondents Prayer: Petition filed seeking for a Writ of Mandamus forbearing the respondents herein from in any way interfering with the petitioner's peaceful possession and enjoyment of the Stage Shop No.4 situated in Panneerselvam Flower Market (Old), Mettupalayam Road, Coimbatore-1, without following due process of law. For Petitioner : Mr.R.Bharath Kumar For Respondents : Mr.J.Sathya Narayana Prasad O R D E R This Writ Petition has been filed praying that this Court may be pleased to issue a writ of mandamus, forbearing the respondents herein from, in any way, interfering with the petitioner's peaceful possession and enjoyment of the Stage Shop No.4, ...


Feb 18 2013

Tamilnadu State Transport Corporation Vs. Presiding Officer of Labour ...

Court: Chennai

Decided on: Feb-18-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED;18.02.2013 CORAM; THE HONOURABLE MR.JUSTICE T.RAJA W.P.NO.6065 OF 200.and WPMP No.29666 of 2005 Tamilnadu State Transport Corporation (Kumbakonam)Ltd., Railway Station New Road Kumbakonam .. Petitioner Vs 1.The Presiding Officer Labour Court, Cuddalore 2.U.Paramasivam .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari to call for the records and quash the award dated 12.5.2004 in I.D.No.43/99 on the file of the 1st respondent, Presiding Officer, Labour Court, Cuddalore. For petitioner : Mr.Ravi for M/s Gupta and Ravi For respondent : Mr.P.Anbarasan (for R2) R1-Court O R D E R The present writ petition is directed by the petitioner Tamilnadu State Transport Corporation(Kumbakonam)against the impugned award passed by the first respondent-Labour Court, Cuddalore in I.D.No.43/99 dated 12.5.2004.2. According to the learned counsel for the petitioner State Transport ...


Feb 18 2013

M.Basheer Ahamed Vs. Commissioner of Income Taxii

Court: Chennai

Decided on: Feb-18-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :18. 02.2013 Coram : THE HONOURABLE MRS.JUSTICE R.BANUMATHI and THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Tax Case (Appeal) No.278 of 2010 M.Basheer Ahamed No.35, East street, Needamangalam. ... Appellant vs. Commissioner of Income Tax II, Tiruchy. ... Respondent Appeal is filed under section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, 'C' Bench, Chennai dated 31.10.2009 made in I.T.A. No.101/Mds/09. For Appellant : Mr.J.Balachandran for Mr.S.Sridhar For Respondent : Mr.J.Narayanaswamy JUDGMENT R.BANUMATHI,J Being aggrieved by dismissal of his appeal in I.T.A.No.101 of 2009 (30.10.2009), assessee has preferred this appeal. The Tax Case (Appeal) was admitted on the following substantial question of law:- "Whether the adoption of Rs.6,48,000/- as the full sale consideration of the property relying on the confession statement of the purchasers without furnishing the appellant copy of such ...


Feb 18 2013

S.Shajahan Vs. Commissioner of Corporation of Coimbatore

Court: Chennai

Decided on: Feb-18-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:18. 2-2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.770 of 2013 and M.P.No.1 of 2013 S.Shajahan .. Petitioner Versus 1. The Commissioner Corporation of Coimbatore, Coimbatore-2.2. Assistant Commissioner (West Zone-III), Corporation of Coimbatore, Coimbatore. .. Respondents Prayer: Petition filed seeking for a Writ of Mandamus forbearing the respondents herein from in any way interfering with the petitioner's peaceful possession and enjoyment of the Stage Shop No.15 situated in Panneerselvam Flower Market (Old), Mettupalayam Road, Coimbatore-1, without following due process of law. For Petitioner : Mr.R.Bharath Kumar For Respondents : Mr.J.Sathya Narayana Prasad O R D E R This Writ Petition has been filed praying that this Court may be pleased to issue a writ of mandamus, forbearing the respondents herein from, in any way, interfering with the petitioner's peaceful possession and enjoyment of the Stage Shop No.15, sit...


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