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Chennai Court February 2013 Judgments

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Feb 05 2013

Mms Steel and Power Private Limited Vs. Government of Tamilnadu

Court: Chennai

Decided on: Feb-05-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:5. 2.2013 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.10323 of 2012 MMS STEEL & POWER PRIVATE LIMITED REP BY ITS SENIOR MANAGER 6 3-1109/A/1, 3RD FLOOR, NAVABHARAT CHAMBER SOMAJIGUDA, RAJ BHAVAN ROAD HYDERABAD 56 082 [ PETITIONER ] Vs 1 THE GOVERNMENT OF TAMILNADU REP BY SECRETARY TO GOVT. ENERGY DEPARTMENT FORT ST.GEORGE, SECRETARIAT CHENNAI 9 2 THE TAMILNADU TRANSMISSION CORPORATION LTD. (TANTRANSCO) REP. BY ITS MANAGING DIRECTOR NO.144 ANNA SALAI, CHENNAI 2 3 THE TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LTD (TANGEDCO) REP. BY ITS CHAIRMAN-CUM-MANAGING DIRECTOR NO.144 ANNA SALAI, CHENNAI 2 4 THE CHIEF ENGINEER/PRIVATE POWER PROJECTS, TANGEDCO NO.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 Mandamus directing the 3rd respondent herein to pay the petitioner the sum of Rs.21,63,32,979/- being the amount ...


Feb 05 2013

Titanium Tantalum Products Limited Vs. Commercial Tax Officer

Court: Chennai

Decided on: Feb-05-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:5. 2.2013 CORAM: THE HONOURABLE MR.JUSTICE V.DHANAPALAN W.P.No.2351 of 2013 & M.P.No.1 of 2013 M/s.Titanium Tantalum Products Limited, No.86/1, Vengaivasal Main Road, Gowrivakkam, Chennai-601 302. .. Petitioner Vs.1. Commercial Tax Officer, Group-VI/Enforcement (South), No.1, Greams Road, Chennai-600 006.2. Assistant Commissioner (CT), Tambaram II Assessment Circle, Chromepet, Chennai.3. Assistant Commissioner (CT), Harbour IV Assessment Circle, N.S.C. Bose Road, Chennai-600 001. .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records of the first respondent in his proceedings of the revision notice issued in TIN No.33210940197/2011-12, dated 21.1.2013 and quash this revision notice as illegal which is against the principle of law laid down by the orders of the Division Bench of the Supreme Court in 1998 (109) STC 43.(SC) (State of Maharash...


Feb 05 2013

iffco Tokyo General Insurance Company Private Limited, Vs. 1.M.Elangiy ...

Court: Chennai

Decided on: Feb-05-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:5. 02/2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.(MD)No.61 of 2012 & M.P.(MD)No.1 of 2012 Iffco Tokyo General Insurance Company Private Limited, Connaught Place, Branch Office, No.505, Kailash Building, No.26, K.G.Marg, New Delh001. ... Appellant Vs. 1.M.Elangiyam 2.V.Murugesan ... Respondents PRAYER Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the fair and decreetal order dated 06.06.2011 made in M.C.O.P.No.60 of 2007, on the file of Motor Accidents Claims Tribunal, District Judge, Karur. !For Appellant ... Mr.S.Srinivasa Raghavan ^For Respondents... Mr.K.Suresh Kumar for R-1 No appearance for R-2 - - - :JUDGMENT The appellant / second respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.60 of 2007, on the file of Motor Accidents Claims Tribunal, District Judge, Karur.2. The short facts of the case are as follows:- The injured petit...


Feb 05 2013

Bajaj Allianz General Insurance Company Limited, Vs. 1.Sekar

Court: Chennai

Decided on: Feb-05-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05. 02/2013 CORAM THE HON'BLE MR.JUSTICE C.S.KARNAN C.M.A(MD) No.691 of 2011 Bajaj Allianz General Insurance Company Limited, Through its Branch Manager, Opposite to Bus Stand, Dindigul 001. .. Appellant vs 1.Sekar 2.Muneeswari 3.Mariammal .. Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicle Act, 1988, against the award and decree passed in M.C.O.P.No.27 of 2009, dated 31.01.2011, on the file of the Motor Accident Claims Tribunal, Subordinate Court, Uthamapalayam. !For Appellant ... Mr.J.S.Murali ^For Respondent ... Mr.B.Saravanan for R1 and R2 Mr.V.S.Balamurugan for R3 :JUDGMENT The appellant/2nd respondent has preferred the present appeal in C.M.A.(MD).No.691 of 2011, against the Judgment and decree passed in M.C.O.P.No.27 of 2009,on the file of the Motor Accident Claims Tribunal, Subordinate Court, Uthamapalayam.2. The petitioners, who are the parents of the deceased Krithika have filed a claim in ...


Feb 05 2013

B.Jayalakshmi Vs. District Collector of Kancheepuram

Court: Chennai

Decided on: Feb-05-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:5. 2-2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.27896 o1. B.Jayalakshmi 2. B.Sharumathi .. Petitioners Versus 1. The District Collector of Kancheepuram Sriperumbudur Taluk, Kancheepuram District, Kancheepuram.2. The Special Tahsildar (SIPCOT), Oragadam Scheme Irungattukottai Sriperumbudur Taluk, Kancheepuram District, Kancheepuram. .. Respondents Prayer: Petition filed seeking for a Writ of Mandamus, directing the respondents to consider the representations of the petitioners dated 9.4.2012 under SV/12/03153. For Petitioners : Mr.M.Muthusamy For Respondents : Mrs.V.M.Velumani Special Government Pleader O R D E R Heard the learned counsel appearing for the petitioners, as well as the learned counsel appearing on behalf of the respondents.2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioners had submitted that it would suffice, if the first respondent is dir...


Feb 05 2013

Commissioner of Income Tax Vs. P.Rojes

Court: Chennai

Decided on: Feb-05-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :05. 02.2013 Coram : THE HONOURABLE MRS.JUSTICE R.BANUMATHI and THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Tax Case (Appeal) No.341 of 2010 The Commissioner of Income Tax, Ward IV (1), Chennai. ... Appellant vs. P.Rojes, No.11, Station Road, West Mambalam, Chennai. ... Respondent Appeal is filed under section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, 'B' Bench, Chennai dated 05.10.2009 made in ITA No.531/Mds/2009. For Appellant : Mr.M.Swaminathan Standing Counsel for Income Tax For Respondent : Mr.J.Balachander JUDGMENT (Judgment of the Court was made by K.RAVICHANDRABAABU,J) The Revenue is on appeal against the order passed by the Tribunal in ITA.No.531/Mds/2009 dated 05.10.2009, for the relevant assessment year 2005-2006 by raising the following substantial question of law:- "Whether on the facts and circumstances of the case, the Tribunal was right in cancelling the penalty contrary...


Feb 05 2013

Sree Saravanabalaji Textile Vs. Tn Electricity Regulatory Commission

Court: Chennai

Decided on: Feb-05-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:5. 2.2013 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.Nos.1234, 1235 and 2130 of 2013 W.P.No.1234 of 2013: SREE SARAVANABALAJI [ PETITIONER ] TEXTILE HTSC 30 S.F.NO.88/2 METTUPALAYAM ROAD NSN PALAYAM, COIMBATORE 3 REP BY ITS AUTHORISED SIGNATURE A. BALAMURUGAN Vs 1 TAMILNADU ELECTRICITY REGULATORY COMMISSION REP BY ITS SECRETARY 19 A RUKMINI LAKSHMIPATHY SALAI (MARSHALL'S ROAD) EGMORE, CHENNAI 8 2 THE CHAIRMAN TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LIMITED 14 ANNASALAI CHENNAI 2 3 THE SUPERINTENDING ENGINEER COIMBATORE NORTH ELECTRICITY DISTRIBUTION CIRCLE, TANGEDCO, TNEB, COIMBATORE NORTH 4 ACCOUNTS OFFICER/REVENUE COIMBATORE NORTH ELECTRICITY DISTRIBUTION CIRCLE, TANGEDCO TNEB, COIMBATORE [ 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 4th respondent in his Bill No.302 dated 1.1.2013 issue...


Feb 05 2013

National Insurance Company, Vs. 1.Selvam

Court: Chennai

Decided on: Feb-05-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05. 02/2013 CORAM THE HON'BLE MR.JUSTICE C.S.KARNAN C.M.A(MD) No.317 of 2005 and CROS.OBJ(MD)No.22 of 2007 National Insurance Company, Through its Branch Manager, Bodinayakanur 513. .. Appellant in CMA.No.317 of 2005 and 1st respondent in Cross Objection.No.22 of 2007 Chandra Mohan .. Appellant in Cross Objector in Cross Objection.No.22 of 2007 vs 1.Selvam 2.Pandian 3.United India Insurance Company Limited, through its Branch Manager, Periyakulam. (Respondents 2 and 3 were set exparte and 4th respondent is unnecessary party and hence no notice is necessary) .. Both respondents in CMA.No.317 of 2009 and Cross Objection.No.41 of 2009 Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicle Act, 1988, against the fair and decreetal award dated 23.06.2004, made in M.C.O.P.No.938 of 2002, on the file of the Motor Accident Claims Tribunal, II Additional Subordinate Judge, Tirunelveli. !For appellant ... M/s.Uma Ramanathan for...


Feb 05 2013

K.G.Soundararaj Vs. District Magistrate

Court: Chennai

Decided on: Feb-05-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:05. 02.2013 Coram The Honourable Mr. JUSTICE M.JAICHANDREN Writ Petition No.29184 of 2012 and M.P.No.1 of 2012 K.G.Soundararaj ... Petitioner -Vs- 1. The District Magistrate (Executive) cum the District Collector, Office of the Collectorate, Krishnagiri District.2. The General Manager, Power Grid Corporation of India Ltd., No.32, Race Course Road, Bangalor001. 3. The Junior Engineer, Power Grid Corporation of India Ltd., Hosur Taluk, Krishnagiri District.4. The Assistant Director, Geology and Mining Department, Krishnagiri, Tamil Nad001. R4- impleaded as per order dated 1.11.2012 by VDPJ in M.P.No2 of 2012 in WP.No.29184/2012 ... Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents 2nd and 3rd not to erect/ construct the proposed high tension power tower/ post or set up any skeleton on or over the petitioner's property in S.No.378, ...


Feb 05 2013

The Income-tax Officer, M/S. Sarvodaya Mutual Ward I(1) Vs. Benefit Tr ...

Court: Income Tax Appellate Tribunal ITAT Chennai

Decided on: Feb-05-2013

Dr. O.K. Narayanan, Vice President This is a bunch of six appeals. Three appeals relate to the assessment year 2007-08. The remaining three appeals relate to the assessment year 2008-09. All the appeals are filed by the Revenue. The respondents are trusts constituted at different places under a common name "Sarvodaya Mutual Benefit Trust" (SMBT for short). In the case of SMBT at Anakavoor the Revenue has filed two appeals for the assessment years 2007-08 and 2008-09. In the cases of SMBT at Kilpennathur and Mamandur (Vembakkam) the Revenue has filed one appeal in each case for the assessment year 2007-08. In the cases of SMBT at Cheyyar and Santhavasal, the Revenue has filed one appeal in each case, relating to the assessment year 2008-09. 2. All the appeals are directed against the orders passed by the Commissioner of Income-tax(Appeals)-IX at Chennai on 29-2-2012. The appeals arise out of the assessments completed under section 143(3) of the Income-tax Act, 1961. 3. The assessee is a...


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