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Chennai Court June 2013 Judgments

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Jun 12 2013

State of Tamil Nadu Vs. S.S.M.Processing Mills

Court: Chennai

Decided on: Jun-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.06.2013 CORAM: THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN and THE HONOURABLE MS.JUSTICE K.B.K.VASUKI Tax Case (Revision) Nos.272, 127 and 277 of 2011 The State of Tamil Nadu represented by the Deputy Commissioner (Commercial Taxes) Salem Division Salem.Petitioner in all these T.Cs. Versus Tvl.S.S.M.Processing Mills 90, Idappadi Road Komarapalayam.Respondent in all these T.Cs. ----- PRAYER: Tax Case Revision Nos.272, 127 and 277 of 2011 are filed under Section 38 of the Tamil Nadu General Sales Tax Act, 1959, to revise the order of the Tamil Nadu Sales Tax Appellate Tribunal (Additional Bench).Coimbatore dated 07.05.2003 passed in CTA Nos.268/2000, 267/2000 and 365/2001 ----- For petitioner in all these T.Cs. : Mr.Haribabu Addl. Government Pleader (Taxes) For respondent in all these T.Cs. : Mr.K.Raviraja ORDER (Order of the Court was made by CHITRA VENKATARAMAN,J.) These Tax Case Appeals were filed at the instance of the Revenue, r...


Jun 12 2013

Swarna Steels Vs. State of Tamil Nadu

Court: Chennai

Decided on: Jun-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :12. 06.2013 Coram The Honourable Mrs.Justice CHITRA VENKATARAMAN and The Honourable Ms.Justice K.B.K.VASUKI Tax Case (Revision) No.292 of 2011 --- Swarna Steels Rep. By its Proprietrix Mrs.M.Bhavani No.3, Ganapathy Layout K.K.Puthur, Coimbatore-641 038 .. Petitioner -vs- The State of Tamil Nadu Rep. By its Commercial Tax Officer Saibaba Colony Assessment Circle Dr.Balasundaram Road Coimbatore 641 018 .. Respondent Tax Case Revision filed under Section 38 of TNGST Act, 1959 to revise the order of the Tamil Nadu Sales Tax Appellate Tribunal, Additional Bench, Chennai, dated 12.03.2008 passed in C.T.S.A.No.249 of 2004. For petitioner : Mr.K.Soundararajan For respondent : Mr.V.Haribabu Addl.Govt.Pleader (Tax) ORDER (The Order of the Court was made by CHITRA VENKATARAMAN, J.) The assessee is on revision as against the order of the Sales Tax Appellate Tribunal relating to the assessment year 2001-02 raising the following questions of law :- &q...


Jun 12 2013

Raajendira Namalwar Vs. T.Udayakumar

Court: Chennai

Decided on: Jun-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:12. 06.2013 CORAM THE HON'BLE MR. JUSTICE M.JAICHANDREN AND THE HON'BLE MR. JUSTICE M.M.SUNDRESH Original Side Appeal Nos.115 to 117 & 142 of 2013 and M.P.Nos.1,1, 1 & 1 of 2013 Raajendira Namalwar .. Appellant in OSA.Nos. 115 to 117 of 2013 & respondent in OSA.142/2013 vs. T.Udayakumar .. Respondent in OSA Nos. 115 to 117 of 2013 & appellant in OSA.142/2013 Original Side Appeal Nos.115 to 117 of 2013 are filed under Order 36 Rule 9 of Original Side Rules read with Clause 15 of the Letters Patent as against the common order and decreetal order dated 21.02.2012 made in O.A.No.203 of 2011 and A.No.1291 of 2011 and A.No.1292 of 2011. Original Side Appeal No.142 of 2013 is filed under Order 36 Rule 9 of Original Side Rules read with Clause 15 of the Letters Patent as against the common order and decreetal order dated 21.02.2012 made in O.A.No.203 of 2011. For Appellant in OSA Nos. 115 to 117 of 2013 & respondent in OSA.142...


Jun 12 2013

State of Tamil Nadu Vs. the Nilgiris Dairy Farm Ltd.

Court: Chennai

Decided on: Jun-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :12. 06.2013 Coram The Honourable Mrs.Justice CHITRA VENKATARAMAN and The Honourable Ms.Justice K.B.K.VASUKI Tax Case (Revision) No.203 of 2011 --- The State of Tamil Nadu Rep. By the Deputy Commissioner (Commercial Taxes) Salem Division Salem .. Petitioner -vs- Tvl.The Nilgiris Dairy Farm Ltd Vendipalayam Erode-2 .. Respondent Tax Case Revision filed under Section 38 of TNGST Act, 1959 to revise the order of the Tamil Nadu Sales Tax Appellate Tribunal, Additional Bench, Coimbatore dated 22.05.2002 passed in CTA.No.201/99. For petitioner : Mr.V.Haribabu Addl.Govt.Pleader (Tax) For respondent : Mr.R.Ravikumar ORDER (The Order of the Court was made by CHITRA VENKATARAMAN, J.) The Revenue is on revision as against the order of the Sales Tax Appellate Tribunal relating to the assessment year 1996-97 raising the following questions of law :- ".1. Whether in the facts and circumstances of the case, the Appellate Tribunal is right in holdin...


Jun 12 2013

New India Assurance Co. Ltd Vs. Priya Karthikeyan

Court: Chennai

Decided on: Jun-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :12. 06.2013 CORAM : THE HONOURABLE Mrs.JUSTICE R.BANUMATHI and THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM Civil Miscellaneous Appeal No.3113 of 2011 The New India Assurance Co. Ltd., Officers Line, Vellore-632 001. .. Appellant. vs. 1.Priya Karthikeyan 2.Minor Printhviraj Minor rep. by guardian, mother Priya Karthikeyan 3.J.Kasthuribai .. Respondents. Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Order dated 06.04.2011 made in M.C.O.P.No.214 of 2009 on the file of Motor Accident Claims Tribunal [Sub-Court]., Vellore. For Appellant : Mr.S.Manohar For Respondents : Mr.K.Surya Narayanan for R1 and R2 JUDGMENT R.BANUMATHI,J Challenge in this appeal is the order in M.C.O.P.No.214 of 2009 (6.4.2011) on the file of Motor Accident Claims Tribunal (Sub-Court), Vellore awarding compensation of Rs.14,81,400/- for the death of deceased Karthikeyan in the road traffic accident on 02.12.2007.2. Brief facts ar...


Jun 12 2013

C.Venkatesan Vs. R.Natarajan

Court: Chennai

Decided on: Jun-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :- 12 .06.2013 Coram The Hon'ble Mr. Justice K.RAVICHANDRABAABU C.R.P.(NPD) No.1940 of 2011 and M.P.No.1 of 2011 C.Venkatesan ... Petitioner Vs R.Natarajan ... Respondent Civil Revision Petition filed against the fair and decretal order dated 1.2.2011 made in I.A.No.1369 of 2010 in I.A.No.471 of 2009 in O.S.No.249 of 2003 on the file of the Principal District Munsif , Vellore. For Petitioner :- Mr.E.Prabu for M/s. R.Munuswamy For Respondent :- Mr. R.Margabandhu ORDER This Civil Revision Petition is filed against an order made in I.A.No.1369 of 2010 in I.A.No.471 of 2009 in O.S.No.249 of 2003 on the file of the Principal District Munsif Court, Vellore, wherein and whereby the application filed by the respondent herein under Section 151 CPC praying for deciding the preliminary issue of maintainability of I.A.No.471 of 2009 was allowed. The said I.A.No.471 of 2009 was filed by the petitioner herein under Section 5 of the Limitation Act for c...


Jun 12 2013

Western India Plywoods Limited Vs. State of Tamil Nadu

Court: Chennai

Decided on: Jun-12-2013

In the High Court of Judicature at Madras Dated:12. 06.2013 Coram The Honourable Mrs.JUSTICE CHITRA VENKATARAMAN and The Honourable Ms.JUSTICE K.B.K.VASUKI Tax Case (Revision) Nos 6 to 9 of 2013 M/s.Western India Plywoods Limited, 261, Sydenhams Road, Chennai 600 112. .. Petitioner in the above T.Cs Vs. The State of Tamil Nadu Represented by The Assitant Commissioner (CT) Choolai Assessment Circle, Sire Mansion, Chennai 6. .. Respondent in the above T.Cs PETITIONs under Section 38 of the Tamil Nadu General Sales Tax Act against the common order dated 30.04.2012 made in T.A.Nos.198 and 197 of 2010 and STA Nos.68 and 67 of 2011 on the file of the Tamil Nadu Sales Tax Appellate Tribunal for the assessment years 2003-04 and 2004-05. For Petitioner : Mr.R.Kumar For Respondent : Mr.V.Haribabu, AGP(T) ------- C O M M O N ORDER (Order of the Court was made by CHITRA VENKATARAMAN,J.) The above Tax Case (Revisions) arise out of the common order of the Tamil Nadu Sales Tax Appellate Tribunal re...


Jun 12 2013

A.S.Venkataraman Vs. A.V.Harikrishnan

Court: Chennai

Decided on: Jun-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.06.2013 CORAM THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU C.R.P.(NPD) No.656 of 2009 and M.P.No.1 of 2009 A.S.Venkataraman Proprietor of Kamala Textiles". carrying on business at shop portion in Premises bearing Door No.3/472, Valayapathi Salai, J.J.Nagar, Mogappair East, Chennai-37, Thiruvallur District.Petitioner ..vs.A.V.Harikrishnan Naidu ..Respondent Prayer: Civil Revision Petition filed under Article section 25 of the Tamil Nadu Building (Lease & Rent Control) Act, 1960 against the order and decree of the learned Rent Control Appellate Authority and Subordinate Judge, Poonamallee dated 29.11.2008 made in R.C.A.No.6 of 2008 reversing the order and decree dated 30.11.2006 made in R.C.O.P.No.16 of 2003 dismissing the eviction petition by the District Munsif cum Judicial Magistrate, Ambattur, Chennai. For Petitioner : Mr.C.Sathish for M/s.M.K.Hidayathullah For Respondent: Mr.B.Vijay ORDER The tenant is the revision petitio...


Jun 12 2013

Gunalan Vs. Director of Fire and Rescue Services

Court: Chennai

Decided on: Jun-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.06.2013 CORAM: THE HONOURABLE Mr.JUSTICE D.HARIPARANTHAMAN Writ Petition Nos.15050 and 15051 of 2013 Gunalan ..Petitioner in W.P.No.15050/2013 Ataur Rahaman ..Petitioner in W.P.No.15051/2013 versus 1.The Director of Fire and Rescue Services, Dr.Rukmani Salai, Egmore, Chennai -8. 2.The Secretary to Government, Home (Fire) Department, Fort St.George, Chennai -9...Respondents Petitions filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus, directing the respondents to pass orders on the representation made by the petitioners dated 05.12.2012 to grant the scale of pay at par with their juniors within a reasonable time. For Petitioners : Mr.M.Muthappan For Respondents : Mr.V.Subbiah, Spl.G.P.C O M M O N ORDER The petitioners have filed the writ petitions, seeking for a direction to the respondents to pass orders on the representation made by the petitioners dated 05.12.2012 to grant the scale of pay on ...


Jun 12 2013

S.Sudha Vs. Rangaswamy Builders Pvt. Ltd

Court: Chennai

Decided on: Jun-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :- 12.06.2013 Coram The Hon'ble Mr. Justice K.RAVICHANDRABAABU C.R.P.(NPD) No.3936 of 2009 and M.P.No.1 of 2009 S.Sudha ... Petitioner Vs M/s.Rangaswamy Builders Pvt. Ltd., Rep. By its Managing Director, K.Devanarayanan 34/16B, North Tank Square Street, Triplicane, Chennai 5. ... Respondent Civil Revision Petition filed against the judgment and order dated 6.8.2009 made in I.A.No.1360 of 2008 in O.S.No.8168 of 2008 on the file of the 1st Assistant City Civil Court at Chennai. For Petitioner :- Mr.A.S.Narasimhan For Respondent :- Mr. NA.Malai Saravanan ORDER This Civil Revision Petition is filed against an order made in I.A.No.1360 of 2009 in O.S.No.8168 of 2008 on the file of the City Civil Court, Chennai, wherein and whereby the application filed by the petitioner herein under Order 37 Rule 3(5) of CPC was dismissed.2. The petitioner herein filed the said application seeking permission to defend the suit filed by the respondent herein. T...


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