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Chennai Court March 2013 Judgments

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Mar 14 2013

M.P.Devendran Vs. Regional Transport Authority

Court: Chennai

Decided on: Mar-14-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE:14. 03.2013 CORAM: THE HONOURABLE MR.JUSTICE V.DHANAPALAN W.P.No.4219 of 2013 M.P.Devendran ... Petitioner vs.1. The Secretary, Regional Transport Authority Salem.2. The Regional Transport Authority, Salem. ... Respondents Writ petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents herein to convene the timing conference in accordance with Rule 248 of Tamil Nadu Motor Vehicles Rules with respect to the petitioner's Mini Bus TCA 32.on the route Omalur Bus Stand to Chinnathirupathi (via) Ramana Hospital, Bye Pass Road, Asian Paints etc. For Petitioner : Mr.T.Padmanabhan For Respondents : Mr.R.Rajeswaran, Special Government Pleader O R D E R A Mini Bus operator has come before this Court by filing this writ petition praying for a direction to the respondent to convene the timing conference in accordance with Rule 248 of the Tamil Nadu Motor Vehicles Rules with respect to the...


Mar 14 2013

Ct Ramanathan Infrastructure Vs. the Gm Southern Railway

Court: Chennai

Decided on: Mar-14-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:14. 03/2013 CORAM THE HON'BLE MR.JUSTICE VINOD K.SHARMA OA.360 of 2012 CT RAMANATHAN INFRASTRUCTURE VS. THE GM SOUTHERN RAILWAY FOR PETITIONER : G.JEREMIAH FOR RESPONDENT : SURESHKUMAR ORDER O.A.No.360 of 2012 VINOD K.SHARMA, J.This application under Order XIV Rule 8 of O.S. Rules r/w Order 39 Rule 1 and 2 C.P.C. r/w section 9(ii) (b) of Arbitration Act has been filed for injunction restraining the respondents from encashing the Bank Guarantee No.0528/GPER016910, dated 16.10.2010 furnished by the applicant in respect of LOA not M/W 496/Works/6633 dt.24.5.2010 and from recovering the Security deposit of the applicant from other contract works of the applicant pending resolution of the disputes between the applicant and the respondents by Arbitral Tribunal to be appointed by the first respondent under Clause 64 of the General conditions of Contract. 2 It is pleaded case of the applicant that the second respondent issued a Tender Notice not ...


Mar 14 2013

Sri Ram Pharma Vs. Commercial Tax Officer of Tambaram I Assessment Cir ...

Court: Chennai

Decided on: Mar-14-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:14. 3.2013 CORAM: THE HONOURABLE MR.JUSTICE V.DHANAPALAN W.P.No.6271 of 2013 & M.P.No.1 of 2013 M/s.Sri Ram Pharma, No.4, 7th Main Road, New Colony, Chennai-44 rep. by its Manager A.N.Selvam .. Petitioner Vs.1. The Commercial Tax Officer, Tambaram-I, Assessment Circle, Tambaram.2. The Assistant Commissioner (CT), Tambaram-I, Assessment Circle, Tambaram. .. 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 respondents relating to the proceedings Rc.1411/2012/A1 TIN 33840880826/2010-11 A.S.4, dated 29.1.2013 and quash the same as illegal, arbitrary and against the principles of natural justice. For petitioner : Mr.R.Vasudevan For respondents : Mr.Manoharan Sundaram, Govt. Advocate ORDER By consent of the learned counsel appearing for the parties, the Writ Petition itself is taken up for disposal at the stage of admission.2. Heard Mr...


Mar 14 2013

indrani Vs. Vijayakumar

Court: Chennai

Decided on: Mar-14-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :14. 03.2013 Coram: THE HONOURABLE MR.JUSTICE G. RAJASURIA S.A.No.1170 of 2011 and M.P.No.1 o1. Indrani 2.Anaiappan ... Appellant vs. Vijayakumar ... Respondent This Second Appeal is focussed as against the judgment and decree dated 21.12.2010 passed by the Principal District Court, Villupuram, in A.S.No.98 of 2010, confirming the judgment and decree dated 15.12.2009 passed by the Principal District Munsif, Ulundurpet, in O.S.No.25 of 2008. For appellants : Mrs.Hema Sampath,Sr,counsel for Mrs.R.Meenal For respondent : Mr.C.Prabhakaran JUDGMENT This Second appeal is focussed by the plaintiffs animadverting upon the judgment and decree dated 21.12.2010 passed by the Principal District Court, Villupuram, in A.S.No.98 of 2010, confirming the judgment and decree dated 15.12.2009 passed by the Principal District Munsif, Ulundurpet, in O.S.No.25 of 2008, which was one for declaration and permanent injunction.2. The parties, for the sake of conve...


Mar 14 2013

Ex. Sep. S. Sankariah Vs. Union of India Through Secretary to Governme ...

Court: Armed forces Tribunal AFT Regional Bench Chennai

Decided on: Mar-14-2013

V. Periya Karuppiah, MemberJudicial. 1. This application is filed by the applicant praying for direction to be issued to the first respondent considering the representation of the applicant and pass an order granting disability pension raising from 20% to 50% as per the Government orders with effect from 01.08.2001 and also to pass further and necessary orders. 2. The case of the applicant as stated in the application would be as follows:- 3. The applicant was enrolled in the Indian Army and was discharged from service on 01.08.2001 on medical grounds and also at his own request on extreme compassionate grounds. His claim for disability was rejected by all the respondents on the reason that he was discharged from service on compassionate grounds at his own request. The applicant approached this Tribunal by filing an Original Application in O.A.No. 01 of 2010 and it was allowed by this Tribunal and the applicant was granted disability pension. In pursuance of the order passed by this Tr...


Mar 12 2013

Deputy General Manager of Indian Bank Vs. Presiding Officer of Central ...

Court: Chennai

Decided on: Mar-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :12. 3-2013 CORAM: The Honourable Mr.R.K.AGRAWAL, Acting Chief Justice and The Honourable Mr.Justice N. PAUL VASANTHAKUMAR Writ Appeal No.2096 of 2012 M.P.No.1 of 2012 The Deputy General Manager, Indian Bank, Head Office, 66, Rajaji Salai, Chennai001. now at Corporate Office/Head Office, HRM Department, I.R.C., II Floor, 254 to 260, Avvai Shanmugam Salai, Royapettah, Chenna014. .. Appellant Vs.1. The Presiding Officer, Central Government Industrial Tribunal- cum-Labour Court, Chenna006. 2. G.R.Samy .. Respondents Writ Appeal filed under Clause 15 of Letters Patent against the order made in W.P.No.17902 of 200913.3.2012. For Appellant : Mr.Karthick for M/s.T.S.Gopalan & Company 1st Respondent : Labour Court For 2nd Respondent: Mr.K.M.Ramesh N. Paul Vasanthakumar, J.This writ appeal is directed against the order passed by the learned Single Judge of this Court in W.P.No.17902 of 2009 dated 13.3.2012, wherein the learned single Judge se...


Mar 12 2013

P.R.Adikesavan Vs. Director General of Police

Court: Chennai

Decided on: Mar-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :12. 03.2013 CORAM: THE HONOURABLE MR.JUSTICE VINOD K.SHARMA Writ Petition No.5373 of 2013 P.R.Adikesavan .. Petitioner Vs 1. The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chenna004. 2. The Additional Director General of Police, Vigilance and Anti-Corruption, Chenna006. 3. The Superintendent of Police, Central Zone, Vigilance and Anti-Corruption, Greenways Road, Chenna028. 4. The Pension Payment Officer, Pension Payment Office, EVK Sampath Maligai, College Road, Chenna006. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to revise the pension of the petitioner by taking the promotion Order not RC not A1/5240/82, dated 27.04.1984 and consequently direct the respondents to pay the arrears of all terminal benefits. For Petitioner : Dr. R.Sampathkumar For Respondents : Mr. R.Govindasamy, AGP., - - - O R D E R Th...


Mar 12 2013

Management of Chennai Corporation Vs. D.Arumugam

Court: Chennai

Decided on: Mar-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :12. 03.2013 CORAM: THE HONOURABLE MR. JUSTICE VINOD K.SHARMA W.P.No.7716 of 2008 and M.P.No.1 of 2008 The Management of Chennai Corporation Rep. by the Commissioner, Rippon Buildings, Chennai -3 .. Petitioner Vs. 1 D.Arumugam 2 The Presiding Officer, II Additional Labour Court, Chennai. .. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ in the nature of Certiorari, calling for the records in C.P.No.28 of 2000 dated 18.08.2006 on the file of II Additional Labour Court, Chennai and the quash the same. For Petitioner : Mr.V.Udayakumar For Respondents : Mr.A.Amalraj ***** O R D E R The Management of Corporation of Chennai has invoked extraordinary equitable jurisdiction of this Court under Article 226 of the Constitution of India to challenge the award passed by the learned II Additional Labour Court, Chennai, dated 18.8.2007. 2 G.Arumugam, Workman was working as perm...


Mar 12 2013

S.Gunasekaran Vs. 1.A.K.D.Arunachalam

Court: Chennai

Decided on: Mar-12-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12/03/2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.(MD)No.119 of 2012 & M.P.(MD)No.1 of 2012 S.Gunasekaran ... Appellant Vs. 1.A.K.D.Arunachalam 2.National Insurance Company Limited, Cantonment, Trichy. ... Respondents PRAYER Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set-aside the decreetal order passed against the first respondent in M.C.O.P.No.311 of 2003, dated 11.11.2011, on the file of the Motor Accidents Claims Tribunal cum Additional District Judge, Fast Track Court-I, Trichirappalli and allow this Civil Miscellaneous Appeal against the second respondent and enhance the award amount. !For Appellant ... Mr.S.Krishnamoorthy ^For Respondents... No appearance - - - :JUDGMENT The appellant / petitioner has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.311 of 2003, on the file of the Motor Accidents Claims Tribunal cum Additional District Judge...


Mar 12 2013

Shanmugam Vs. Kunchithapatham

Court: Chennai

Decided on: Mar-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:12. 03.2013 Coram: THE HONOURABLE MR.JUSTICE G.RAJASURIA S.A.No.273 of 2013 and M.P.No.1 of 2013 Shanmugam .. Appellant Vs. Kunchithapatham(died) rep.by his L.Rs. Viz.,the respondents 1 t1. Raja Lakshmi 2.Arumairaj 3.Rajendran 4.Nagarasan 5.Usha @ Anbumani 6.Jothi .. Respondents Cause title accepted vide order of Court dated 30.1.2013 made in M.P.No.1/13 in S.A.SR.110779/11 This second appeal is filed against the judgement and decree dated 18.8.2011 passed by the learned District Judge, Tiruvarur, in A.S.No.6 of 2008, confirming the judgement and decree dated 10.4.2007 passed by the Subordinate Judge, Mannarkudi, in O.S.No.26 of 2006. For Appellant : Mr.A.Gokulakrishnan JUDGMENT This second appeal is filed by the defendant, inveighing the judgement and decree dated 18.8.2011 passed by the learned District Judge, Tiruvarur, in A.S.No.6 of 2008, confirming the judgement and decree dated 10.4.2007 passed by the Subordinate Judge, Mannarkudi,...


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