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Chennai Court March 2013 Judgments

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Mar 11 2013

Commissioner of Central Excise Vs. Eid Parry India Ltd

Court: Chennai

Decided on: Mar-11-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:11. 03-2013 CORAM: THE HONOURABLE MRS.JUSTICE R.BANUMATHI AND THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU C.M.A. Nos.2071 of 2005, 1352 of 2008, 1122 of 2009, 638 and 1087 of 2010 The Commissioner of Central Excise Pondicherry Commissionerate No.1 Goubert Avenue, Beach Road Pondicherr001. ... Appellant in all appeals Versus M/s.EID Parry (I) Ltd., Nellikuppam, Cuudalor105. ... 1st Respondent in C.M.A. No.2071 of 2005, Customs, Excise & Service Tax Appellate Tribunal South Zonal Bench, Shastri Bhavan Annexe 1st Floor, 26, Haddows Road Chennai 6. ... 2nd Respondent in C.M.A. No.2071 of 2005 and 1st respondent in C.M.A. Nos.1352 of 2008, 1122 of 2009, 638 of 2010 and 1087 of 2010 M/s.M.R.Krishnamurthy Co-operative Sugar Mills Ltd., Sethiathope Cuddalore District. .. 2nd Respondent in C.M.A.No.1352 of 2008 M/s.Chengalrayan Co-operative Sugar Mills Ltd., Periyasevala209. Villupuram District ... 2ndRespondent Tamilnadu. in C.M.A.No.1122 of...


Mar 11 2013

Commissioner of Income Tax Vs. Sara Leather Idnustries

Court: Chennai

Decided on: Mar-11-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:11. 03.2013 CORAM: THE HON'BLE MRS.JUSTICE R.BANUMATHI AND THE HON'BLE MR.JUSTICE K.RAVICHANDRA BAABU T.C.(A) NO.990 OF 201.The Commissioner of Income Tax Range XIV, Chennai 34. .... Appellant Vs. M/s.Sara Leather Idnustries, 829/1,. Periyar E.V.R.Road, Kilpauk, Chennai 10. .... Respondent Prayer: Tax Case Appeal is filed under Section 260A of the Income Tax Act, 1961 against the Order dated 26.4.2010 made in I.T.A.No.771/Mds/2008. For Appellant : Mr.J.Narayanasamy Standing Counsel for Income-tax For Respondent : Mr.S.Sridhar JUDGMENT (Judgment of the Court was made by R.BANUMATHI.J.) The adjudication regarding the exclusion of sale proceeds of DEPB licence in the computation of 80HHC deduction is the issue falling for consideration in this appeal filed by the revenue. The revenue's appeal was admitted on the following substantial questions of law: "1. Whether on the facts and circumstances of the case, the Tribunal was right in rema...


Mar 11 2013

S.Papanasam Vs. 1.Government of Tamil Nadu,

Court: Chennai

Decided on: Mar-11-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11. 03/2013 CORAM THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.3484 of 2012 and M.P.(MD)Nos.1 to 3 of 2012 S.Papanasam ... Petitioner Vs. 1.Government of Tamil Nadu, rep.by its District Collector, Tirunelveli District, Tirunelveli. 2.The Executive Officer, Cheranmahadevi Selection Grade Panchayat, Cheranmahadevi, Tirunelveli District. ... Respondents Prayer Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of certiorarified mandamus, by calling for the records from the file of the 2nd respondent in Proceedings Na.Ka.No.26/2012, dated 15.02.2012, quashing the same and consequently directing the 2nd respondent to maintain the two arches constructed at the Cheranmahadevi Bus Stand and named after Perunthalaivar Kamarajar, in good condition. !For Petitioner ... Mr.S.Natesh Raja ^For Respondent-1... Mr.R.Karthikeyan, Addl.Govt.Pleader. For Respondent-2 ... Mr.S.Chandrasekar :ORDER ...


Mar 11 2013

St.Thomas Silver Jubilee Matriculation School Vs. State of Tamilnadu

Court: Chennai

Decided on: Mar-11-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :11. 03.2013 CORAM : THE HONOURABLE Mrs.JUSTICE R.BANUMATHI and THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU Writ Petition No.4949 of 2013 St. Thomas Silver Jubilee Matriculation School, 1799, 3rd Main Road, MMDA, Mathur, Chennai-600 068 rep. by its Correspondent, T.Rajan Mathews. .. Petitioner Vs. 1.State of Tamilnadu, rep. by its Secretary to Government Department of School Education, Fort St. George, Chennai-600 009. 2.Director of School Education, DPI Campus, College Road, Chennai-600 006. 3.The Private School Fee Determination Committee, DPI Campus, College Road, Chennai-600 006. .. Respondents Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the 3rd Respondent to consider and pass orders on merits and fix the fee structure for the Petitioner school for Classes L.K.G. To Std X for the year 2012-13 in lines with the guidelines/instructions issued by the Hon'ble Division Benc...


Mar 11 2013

Royal Sundaram Alliyance Vs. 1.Sudali

Court: Chennai

Decided on: Mar-11-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11. 03/2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.(MD)No.916 of 2010 & M.P.(MD)Nos.1 of 2010 and 1 of 2011 Royal Sundaram Alliyance Insurance Company Limited, No.46, Whites Road, Chennai-600 014. Through its Branch Manager. ... Appellant Vs. 1.Sudali 2.Muthammal 3.Thiraviam ... Respondents PRAYER Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set-aside the fair and decreetal order dated 23.04.2010 made in M.C.O.P.No.675 of 2009, on the file of Motor Accidents Claims Tribunal, II Additional District Judge, Tirunelveli. !For Appellant ... Mr.S.Srinivasa Raghavan ^For Respondents... Mr.V.Sasikumar for R-1 and R-2 Mr.S.Mani for R-3 - - - :JUDGMENT The appellant / second respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.675 of 2009, on the file of Motor Accidents Claims Tribunal, II Additional District Judge, Tirunelveli.2. The short facts of...


Mar 11 2013

R.Santhi Vs. Public Library Department

Court: Chennai

Decided on: Mar-11-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:11. 03.2013 CORAM THE HONOURABLE MR. JUSTICE VINOD K.SHARMA Writ Petition No.5839 of 2013 R.Santhi .. Petitioner Versus 1. The Public Library Department District Library Authority Dharmapuri District Dharmapuri.2. The District Library Officer Office of the District Public Library No.2C, Wavers Colony Dharmapuri District. .. Respondents Writ petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to issue an appointment order for the post of Librarian (Village Librarian) on the basis of the petitioner's representation dated 17.01.2013 in respect of interview attended by the petitioner on 19.12.2012. For Petitioner : Mr.V.Chinnasami For Respondents : Mr.R.Ravichandran, AGP and Mr.Govindaswamy, AGP ORDER The petitioner has approached this Court with a prayer for issuance of a Writ in the nature of Mandamus, directing the respondents to issue appointment order for the...


Mar 11 2013

Dr.K.J.Mathiyalagan Vs. Miss.Dhivya

Court: Chennai

Decided on: Mar-11-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:11. 03/2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN Crl.R.C.No.906 of 2012 M.P.Nos.1 and 2 o1. Dr.K.J.Mathiyalagan 2.M.Girija Devi ... Petitioners Vs. Miss.Dhivya ... Respondent PRAYER : Criminal Revision is filed under Sections 397 and 401 of Cr.P.C., to set-aside the order passed in C.A.No.144 of 2011, dated 23.02.2012 on the file of the I Additional Sessions Judge (i/e) II Additional Court, Chennai partly allowed by modifying the order dated 23.06.2011 passed by the XVII Metropolitan Magistrate, Saidapet, Chennai-15 in Crl.M.P.No.1945 of 2010. For Petitioners : Mr.G.Krishnamoorthy For Mr.T.S.Selvarani For Respondent : Mr.R.Sankarasubbu For Mr.T.K.S.Gandhi ******* O R D E R The short facts of the case are as follows:- The respondent herein / petitioner, viz., Miss.M.Dhivya had filed a complaint, in Crl.M.P.No.1945 of 2010, on the file of XVII Metropolitan Magistrate, Saidapet, against the revision petitioners herein and two others, v...


Mar 11 2013

M/S.The New India Assurance Company Limited, Vs. 1.R.S.Amutha

Court: Chennai

Decided on: Mar-11-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11. 03/2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.(MD)No.1567 of 2010 M/s.The New India Assurance Company Limited, Dharmapuri. ... Appellant Vs. 1.R.S.Amutha 2.Minor.Rasika @ Darsha Poorani D/o.Late.R.Selvakumar 3.Minor.S.Sivaraman S/o.LateR.Selvakumar (Minors are represented by their mother and natural guardian Mrs.R.S.Amutha) 4.R.Avudai Ammal 5.P.A.Yassin ... Respondents PRAYER Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set-aside the order and decree dated 23.09.2008 made in M.C.O.P.No.2797 of 2000, on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions Court, Fast Track Court-I, Tiruchirappalli. !For Appellant ... Mr.K.Murugesan ^For Respondents... Mr.V.Karuna for R-1 to R-4 - - - :JUDGMENT The appellant / second respondent-New India Assurance Company has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.2797 of 2000, o...


Mar 11 2013

The Management, Vs. 1.Tmt.Lakshmi

Court: Chennai

Decided on: Mar-11-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11. 03/2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.(MD)No.1112 of 2007 & M.P.(MD)Nos.2 of 2007 & 1 of 2009 The Management, Bajaj Allianz General Insurance Company Limited, Bombay-25. ... Appellant Vs. 1.Tmt.Lakshmi 2.The Management, Bombay Burmah Trading Corporations, Monjolai Estate, Nalumukku Post, Ambasamuthram Taluk, Tirunelveli District. ... Respondents PRAYER Civil Miscellaneous Appeal is filed under Section 30 of Workmen Compensation Act, to set-aside the order dated 18.09.2006 made in W.C.No.61 of 2005, on the file of the Commissioner of Workmen Compensation, Deputy Commissioner of Labour, Tirunelveli. !For Appellant ... Mr.S.Srinivasa Raghavan ^For Respondents... Mr.T.Selvakumaran for R-1 - - - :JUDGMENT The appellant / second respondent has preferred the present appeal against the oder passed in W.C.No.61 of 2005, on the file of the Commissioner of Workmen Compensation, Deputy Commissioner of Labour, Tirune...


Mar 11 2013

A.C.Shanmugam Vs. Malathidevi

Court: Chennai

Decided on: Mar-11-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:11. 03.2013 CORAM: THE HON'BLE MR.JUSTICE T.MATHIVANAN C.M.P.No.388 of 2012 in A.S.No.287 of 1994 A.C.Shanmugam .... Petitioner Vs. Malathi Devi (Died) .... Respondent Sudha .... Proposed Respondent Prayer : Petition filed under Section 5 of the Limitation Act, 1963 to condone the delay of 813 days in filing an application to restore the appeal in A.S.No.287 of 1994 on the file of this Court. For Petitioner : Mr.P.Valliappan For Respondent : Ms.Chitra Sampath, Senior Counsel for Mr.T.S.Baskaran ***** O R D E R This civil miscellaneous petition has been filed under Section 5 of the Limitation Act, 1963 to condone the delay of 813 days in filing an application to restore the appeal in A.S.No.287 of 1994 on the file of this Court.2. The petitioner herein has preferred the present appeal in A.S.No.287 of 1994, before this Court, challenging the Judgment and Decree dated 01.10.1992 and made in O.S.No.4192 of 1983, on the file of the learned IV...



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