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Chennai Court July 2013 Judgments

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Jul 03 2013

Subramanian Vs. Habibullah

Court: Chennai

Decided on: Jul-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:03. 07.2013 Coram: THE HONOURABLE MR.JUSTICE G.RAJASURIA S.A.No.306 of 2013 and M.P.No.1 of 2013 1. Subramanian 2. Devi 3. Bhuvaneswari 4. Naganathan 5. Vijayakumar .. Appellants Vs.1. Habibullah 2. Mansur Ali .. Respondents This second appeal is directed against the judgement and decree dated 08.12.2011 passed by the learned Principal Subordinate Judge, Mayiladuthurai in A.S.No.97 of 2010 confirming the judgment and decree dated 19.08.2010 passed by the learned Principal District Munsif, Mayiladuthurai in O.S.No.146 of 2009. For Appellants : Mr.S.Sounthar JUDGMENT This second appeal is focussed by the plaintiffs, inveighing the judgement and decree dated 08.12.2011 passed by the learned Principal Subordinate Judge, Mayiladuthurai in A.S.No.97 of 2010 confirming the judgment and decree dated 19.08.2010 passed by the learned Principal District Munsif, Mayiladuthurai in O.S.No.146 of 2009.2. The parties, for the sake of convenience, are ref...


Jul 03 2013

S.Andavan Vs. State of Tamil Nadu

Court: Chennai

Decided on: Jul-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.07.2013 CORAM THE HONOURABLE Mr.JUSTICE D.HARIPARANTHAMAN W.P.No.18005 of 2013 S.Andavan .Petitioner Vs 1.The State of Tamil Nadu, rep by its Secretary to Government, Home Department, Fort St. George, Chennai-600 009. 2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-600 004. 3.The Deputy Inspector General of Police, Tiruchirappalli. 4.The Superintendent of Police, Karur District. 5.The Accountant General (Accounts & Entitlement).Pension Section-15, No.361, Anna Salai, Chennai-600 018.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 second respondent to consider and pass orders on the representation dated 4.6.2013 made to him to fix his seniority thereby revising the pension and other retirement benefits by advancing the upgradation as Grade I Police Constable / Head constable on completion of 10/5 ears and upgrade...


Jul 03 2013

S.Muthukumar Vs. Income Tax Officer

Court: Chennai

Decided on: Jul-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :03. 07.2013 Coram The Honourable Mrs.Justice CHITRA VENKATARAMAN and The Honourable Ms.Justice K.B.K.VASUKI Tax Case (Appeal) Nos.375 and 376 of 2013 --- S.Muthukumar ... Appellant in TC(A).375/2013 S.Stanley Rajan ... Appellant in TC(A).376/2013 -vs- The Income Tax Officer Business Ward No.IV(2) Chennai ... Respondent in both TCs Tax Case Appeals filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Chennai 'D' Bench dated 30.01.2013 in Appeal No.2067&2068 (MDS)/2012. For appellants : Mr.AR.L.Sundaresan, Senior Counsel for Ms.AL.Ganthimathi For respondent : Mr.Arun Kurian Joseph Standing Counsel for Income Tax Dept. COMMON JUDGMENT (The Judgment of the Court was made by CHITRA VENKATARAMAN, J.) The following substantial questions of law are raised by the assessees seeking admission of the present Tax Case Appeals, preferred as against the orders of the Income Tax Appellate Tribu...


Jul 03 2013

S.Sampath Kumar Vs. Secretary of Tamil Nadu Public Service Commission

Court: Chennai

Decided on: Jul-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :03. 07.2013 CORAM: THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.Nos.17950 & 17951 of 2013 S.Sampath Kumar .. Petitioner in W.P.No.17950/2013 G.Annamalai .. Petitioner in W.P.No.17951/2013 Vs.1. The Secretary, Tamil Nadu Public Service Commission, Chennai 600 003.2. The Director Ex-Servicemen Welfare, 22,Raja Muthiah Salai, Chennai 600 003.3. The Director of Rural Development and Panchayat Raj, Chennai 600 015.4. The District Collector, Collectorate, Tiruvannamalai. .. Respondents in both W.Ps Petitions filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus directing the respondents to consider the representation dated 23.4.2013 of the petitioners and pass necessary orders transferring and allotting the petitioners to Vellore District Revenue Unit and Vellore District Rural Development Department Unit respectively. For Petitioners : Mr.T.Dharani For Respondents : Mr.V.Jayaprakash Narayanan, SG...


Jul 01 2013

Commissioner of Income Tax Vs. Tenneco Rc India Pvt. Ltd

Court: Chennai

Decided on: Jul-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:01. 07.2013 CORAM: THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN and THE HONOURABLE MS.JUSTICE K.B.K.VASUKI Tax Case (Appeal) No.18 of 2010 Commissioner of Income Tax Chennai. .. Appellant versus M/s.Tenneco RC India Pvt. Ltd. (Formerly Hydralics Limited) No.122, SIPCOT Industrial Estate Hosur-635 126. .. Respondent ----- PRAYER: Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 as against the order of the Income Tax Appellate Tribunal, Madras 'B' Bench dated 07.08.2009 in I.T.A.No.829/Mds/2009. ----- For appellant : Mr.T.Ravikumar Standing Counsel for Income Tax For respondent : Mr.T.N.Seetharaman ----- JUDGMENT (Judgment of the Court was delivered by CHITRA VENKATARAMAN,J.) The only substantial question of law on which this Tax Case Appeal, filed against the order of the Tribunal, was admitted is as to whether the Appellate Tribunal was right in holding that the exercise of power under Section 263 by the Commissioner...


Jul 01 2013

S.M.J.Housing Vs. Commissioner of Incometax

Court: Chennai

Decided on: Jul-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :01. 07.2013 Coram The Honourable Mrs.Justice CHITRA VENKATARAMAN and The Honourable Ms.Justice K.B.K.VASUKI Tax Case (Appeal) No.213 of 2013 and M.P.No.1 of 2013 --- M/s.S.M.J.Housing rep. By its Erst While Partner Shri Subash Chan Nahar 6/1, Nahar Drive Maharani Chinnamma Road, Alwarpet Chennai-600 018 ... Appellant -vs- Commissioner of Income-Tax Central-II No.46, M.G.Road, Nungambakkam Chennai-600 034 ... Respondent Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Chennai 'D' Bench dated 02.06.2011 passed in ITA.No.2142 /Mds/2010. For appellants : Mr.Arvind P.Datar Senior Counsel for Mr.J.Naresh Kumar For respondent : Mr.Swaminathan Standing Counsel for Income Tax Dept. COMMON JUDGMENT (The Judgment of the Court was made by CHITRA VENKATARAMAN, J.) The following substantial questions of law are raised by the assessee in the present Tax Case Appeal preferred as...


Jul 01 2013

J.Anand Vs. Belson Chemical Laboratories

Court: Chennai

Decided on: Jul-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:01. 07.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.2225 of 2009 J.Anand ... Appellant Vs. 1.Belson Chemical Laboratories, B.V.Venkataramana Chetty, 3-166, Santhapet Road, Chittor, Andhra Pradesh. 2.The New India Assurance Company Limited, Motor Third Party Claims Office, Moore Street, Parrys, Chennai-1. ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 21.10.2008 made in M.C.O.P.No.5253 of 2002, on the file of the II Judge, Court of Small Causes, Chennai. For Appellant : Mr.A.A.Venkattesan For Respondents : Mr.J.Chandran for R-1 Not ready notice for R-2 - - - JUDGMENT The appellant / petitioner has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.5253 of 2002, on the file of II Judge, Court of Small Causes, Chennai.2. The short facts of the case are as follows:- The petitioner has filed the claim in M....


Jul 01 2013

C.Sudhakar Reddy Vs. State of Tamil Nadu

Court: Chennai

Decided on: Jul-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:01. 07 /2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN W.P.No.41580 of 2002 C.Sudhakar Reddy ... Petitioner Vs. 1.The State of Tamil Nadu, Rep. by Secretary to Government, Housing & Urban Development Department, Fort St.George, Chennai-600 009. 2.The Special Deputy Collector (Land Acquisition), Chennai Metropolitan Development Authority, Gandhi-Irwin Road, Egmore, Chennai - 600 008. 3.Chennai Metropolitan Development Authority, Rep. by its Member Secretary, Gandhi-Irwin Road, Egmore, Chennai-600 008. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of declaration, declaring Section 4(1) Notification issued in G.O.Ms.No.429 issued by the first respondent in respect of the petitioner's land situate in Survey No.59/7, 59/5 and 59/10 of an extent of 0.05 3/4 acre, 0.11 acre and 0.05 3/4 acre respectively in Koyambedu Village, Egmore-Nungambakkam Taluk, Chennai District and published in...


Jul 01 2013

C.Vijayasekar Reddy Vs. State of Tamil Nadu

Court: Chennai

Decided on: Jul-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:01. 07 /2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN W.P.No.41581 of 2002 C.Vijayasekar Reddy ... Petitioner S/o Sudhakar Reddy 219, Amman Koil Street, Broadway, Chennai-600 001. Rep. by Power Agent, C.Sudhakar Reddy Vs. 1.The State of Tamil Nadu, Rep. by Secretary to Government, Housing & Urban Development Department, Fort St.George, Chennai-600 009. 2.The Special Deputy Collector (Land Acquisition), Chennai Metropolitan Development Authority, Gandhi-Irwin Road, Egmore, Chennai - 600 008. 3.Chennai Metropolitan Development Authority, Rep. by its Member Secretary, Gandhi-Irwin Road, Egmore, Chennai-600 008. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of declaration, declaring Section 4(1) Notification issued in G.O.Ms.No.429 issued by the first respondent in respect of the petitioner's land situate in Survey No.59/11 of an extent of 0.05 1/2 acre, in Koyambedu Village, Egmor...


Jul 01 2013

G.Balashanmugam Vs. Mohammed Ali

Court: Chennai

Decided on: Jul-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.07.2013 CORAM THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU C.R.P.(NPD) No.1941 of 2003 and C.M.P.No.1941 of 2003 G.Balashanmugam .Petitioner ..vs.1.Mohammed Ali 2.Mrs.Dhanam ..Respondents Prayer: Civil Revision Petition filed under Section 25 of the Tamilnadu Buildings (Lease and Rent Control) Act against the fair order and decretal order dated 22.08.2003 made in R.C.A.No.55 of 1997 on the file of the Appellate Authority (Sub Court) Coimbatore confirming the fair order and decretal order dated 31.03.1997 made in R.C.O.P.No.326 of 1993 on the file of the Rent Controller (Additional District Munsif Court) Coimbatore. For Petitioner : Mr.K.Babu for M/s.Sarvabhauman Associates ORDER Learned counsel appearing for the petitioner submits that the tenant has vacated the premises and therefore, the civil revision petition has become infructuous and accordingly, made an endorsement to that effect. The civil revision petition is thus dismissed a...


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