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Chennai Court January 2014 Judgments

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Jan 10 2014

The Divisional Manager, Vs. 1.Thiru.Udayakumar

Court: Chennai

Decided on: Jan-10-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10. 01/2014 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.(MD)No.1431 of 2012 and M.P.(MD)No.1 of 2012 The Divisional Manager, The Oriental Insurance Company Limited, Railway Station (Opposite), Bangur Dharmasala Building, West Veli Street, Madurai-1. ... Appellant Vs. 1.Thiru.Udayakumar 2.Thiru.Andi ... Respondents (second respondent remained exparte before the lower Court) PRAYER Civil Miscellaneous Appeal is filed under Section 30 of the Workmen's Compensation Act, against the award made in W.C.No.246 of 2009, dated 13.08.2012, on the file of the Commissioner for Workmen's Compensation, Deputy Commissioner of Labour, Madurai. !For Appellant ... Mr.K.Bhaskaran ^For Respondents ... Mr.A.Yheethar for R-1 R-2 (exparte) - - - :JUDGMENT The appellant / second respondent has preferred the present appeal against the order passed in W.C.No.246 of 2009, on the file of the Commissioner for Workmen's Compensation, Deputy Commissioner of Lab...


Jan 10 2014

P.Kalimuthu Vs. State of Tamil Nadu

Court: Chennai

Decided on: Jan-10-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :10. 1.2014 CORAM THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR WRIT PETITION NO.32460 of 2012 & M.P.No.1 of 2012 & M.P.No.1 of 2013 P.Kalimuthu ... Petitioner Vs 1. State of Tamil Nadu rep. By its Secretary Urban Development and Local Administration Secretariat Chennai 600 009.2. The District Collector Coimbatore.3. The Assistant Director Special Panchayats Coimbatore.4. The Executive Officer Jameen Oothukuli Panchayats Pollachi Taluk Coimbatore District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from proceeding with the construction of public toilet in front of petitioner's house at No.10, Krishna Asiramam Road, Jameen Oothukuli, Jameen Oothukuli Post, Pollachi Taluk, Coimbatore District. For Petitioner : Mr.N.Sudharsan For Respondents : Mr.R.A.S.Senthilvel, G.A. ******* ORDER By Consent, the writ petition itsel...


Jan 10 2014

Kuppanna Gounder Vs. Srinivasan

Court: Chennai

Decided on: Jan-10-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:10. 1.2014 CORAM THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR C.R.P. (NPD) No.3735 of 2012 and M.P.No.1 of 2012 1. Kuppanna Gounder 2. Mani Petitioners vs.1. Srinivasan 2. Vaithi Gounder Respondents PRAYER: Civil Revision Petition against the order dated 26.7.2012 in I.A.No.52 of 2011 in Cross Appeal No.39 of 2008 in A.S.No.11 of 2008 on the file of the Sub Judge, Sankari. For Petitioner : Mr.P.Valliappan For R1 : Mr.N.Manokaran ORDER The arguments advanced by Mr.P.Valliappan, learned counsel for the revision petitioners and Mr.N.Manokaran, learned counsel for the first respondent are heard. Though the second respondent was served with notice, he has not chosen to enter appearance to oppose this revision petition.2. The first respondent herein filed the suit in O.S.No.222 of 2001 on the file of the District Munsif Court, Sankari for partition and separate possession and for injunction. The second respondent challenged the suit. The learned T...


Jan 10 2014

M.Eswari Vs. Regional Manager of Mstc Limited

Court: Chennai

Decided on: Jan-10-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :10. 1.2014 CORAM THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR WRIT PETITION NO.7905 of 2013 M.Eswari ... Petitioner Vs 1. The Regional Manager MSTC Limited 2nd Floor, Leelavathi Building 69, Armenian Street Chennai 600 001.2. The Regional Manager The New India Assurance Company Limited Tarapore Towers, 3rd Floor 826, Anna Salai Chennai 600 002.3. Larson & Toubro Limited Mount Poonamalle Road Manapakkam P.B.No.979 Chennai 600 089. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first and second respondents to dispose of the petitioner's representation dated 9.2.2013. For Petitioner : Ms.N.Menaka For Respondent No.1 : Mr.C.Vijayakumar For Respondent No.2 : Mr.M.B.Raghavan For Respondent No.3 : Mr.S.V.Udayakumar ****** ORDER The prayer in the writ petition is to issue a Writ of Mandamus directing the first and second respondents to dis...


Jan 09 2014

M/S. Innoiz Electronics Pvt. Ltd. Vs. Cc, Tuticorin

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Decided on: Jan-09-2014

P.K. Das, J. 1. By Stay Order No. 42429 and 42430/2013 dated 09.10.2013, the applicant was directed to make a further deposit of Rs. 2.00 lakhs within a period of six weeks and report compliance on 03.12.2013. The applicant filed a miscellaneous application No. C/42157/13 for modification of the Stay Order No. 42429-49430/2013. By miscellaneous Order No. 42823/2013 dated 03.12.2013, the application was disposed of with a direction to extend the period of compliance of the stay order by further four weeks and report compliance on 09.01.2014. Today, the Ld. Advocate submits that they have filed CMA before the Honble High Court of Madras. But there is no record before the Bench that the applicant filed any appeal before the Hon/ble High Court.2. After considering the submissions of both sides, we find that the Tribunal has already extended the period of compliance and no compliance was made. Hence, the appeal is dismissed for non-compliance of the stay order....


Jan 09 2014

D.Arasu Vs. Dyregistrar Coop Societies

Court: Chennai

Decided on: Jan-09-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:09. 01.2014 CORAM: THE HONOURABLE MR. JUSTICE S.MANIKUMAR W.P.No.835 of 2014 D.Arasu ... Petitioner vs.1. The Deputy Registrar of Coop. Societies, Vellore Circle, Vellore 1.2. The Coop. Sub Registrar / Field Officer, K.V.Kuppam, Vellore District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorari, calling for the entire records relating to the impguned order passed by the 2nd respondent in his proceedings No.Nil, dated 04.01.2014 and quash the same. For Petitioner : Mr.C.Prakasam For Respondents : Mr.L.P.Shanmugasundaram Spl. Govt. Pleader (Co.op.) ORDER Earlier vide proceedings in R.C.No.1476/2013 dated 12.08.2013, the Deputy Registrar of Co-operative Societies, Vellore Circle, Vellore has requested the President / Vice President and Board of Directors to convene a meeting with reference to a 'No Confidence Motion' made against the President and the Vice President, re...


Jan 09 2014

Kalaimani Vs. K.Sivakuppusamy

Court: Chennai

Decided on: Jan-09-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:09. 01.2014 CORAM: THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR C.M.A.No.2949 of 2011 1.Kalaimani W/o Settu 2.Settu ... Appellants .vs. 1.K.Sivakuppusamy 2.National Insurance Company Ltd DO-II Balaji Towers, II Floor Ramakrishna Road Salem 636 007 ... Respondents Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the fair and decreetal order dated 18.02.2011 made in M.C.O.P.No.1046 of 2009 on the file of the Motor Accident Claims Tribunal (Additional District Judge cum Fast Track Court No.1), Salem. For Appellants : Mr.R.Marudhachalamurthy For Respondents : Mr.G.Udayasankar for R2 JUDGMENT Expressing dissatisfaction regarding the amount awarded by the Motor Accident Claims Tribunal (Additional District Judge cum Fast Track Court No.1), Salem as compensation, the claimants before the Motor Accident Claims Tribunal/the parents of the deceased boy, who died in the accident, have brought-forth ...


Jan 09 2014

R.Vasanthi Vs. M.Harikrishnan

Court: Chennai

Decided on: Jan-09-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:09. 01.2014 CORAM THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR C.M.A.No.2281 of 2010 R.Vasanthi W/o.M.Harikrishnan .. Appellant -Vs- M.Harikrishnan .. Respondent Civil Miscellaneous Appeal under Section 28 of the Hindu Marriage Act, 1953 against the judgment and decree of the Additional District & Sessions Judge (Fast Track Court No.I), Poonamallee dated 12.07.2010 made in H.M.O.P.No.84 of 2008. For Appellant : Ms.J.Sundara Kanchani For Respondent : Mr.A.Laxmi Rajarathnam - - - - - JUDGMENT The appellant is the wife of the respondent. The respondent (husband) filed HMOP No.84 of 2008 on the file of the Sub Court, Poonamallee seeking dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of alleged cruelty committed by the appellant herein (wife). The case was subsequently transferred to the file of the Additional District Judge (Fast Track Court No.1), Poonamallee. The learned Additional District Ju...


Jan 09 2014

Dcw Limited, Vs. the Commercial Tax Officer,

Court: Chennai

Decided on: Jan-09-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09. 01.2014 CORAM THE HONOURBLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.78 of 2014 W.P(MD).No.79 to 81 of 2014 and M.P.(MD) Nos.1,1,1 and 1 of 2014 **** DCW Limited, Sahupuram - 628 229, Tuticorin District, Tamil Nadu. ... Petitioner in all W.Ps. Vs The Commercial Tax Officer, Tiruchendur, Tamil Nadu - 628 229. ... Respondent in all W.Ps. COMMON PRAYER Writ Petitions filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari calling for the records of the respondent in his proceedings in TIN:33465900009/2006-07, TIN:33465900009/2007- 08 TIN:33465900009/2008-09 and TIN:33465900009/2009-10 respectively dated 31.10.2013 and quash the same. !For Petitioner ... Mr.P.R.Raman ^For Respondent ... Mr.R.Karthikeyan, Additional Government Pleader *** :COMMON ORDER Since the issue involved in all these writ petitions is one and the same, all the writ petitions are taken up together and a common order is passed.2. All...


Jan 09 2014

Union of India Owning Southern Railways Vs. A.Logambal

Court: Chennai

Decided on: Jan-09-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:09. 01.2014 CORAM THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR C.M.A.No.85 of 2010 & M.P.No.1 of 2010 The Union of India owning Southern Railways Rep. by its General Manager Chennai ...Appellant vs. 1.A.Logambal 2.A.Devimeena 3.A.Lakshmanan ...Respondents Civil Miscellaneous Appeal filed under Section 23 of the Railway Claims Tribunal Act 54 of 1987 to call for the entire records leading to passing of the final orders in O.A.No.2009 00068 dated 29.10.2009 on the file of the Railway Claims Tribunal, Chennai Bench and set aside the same. For Appellant :Mr.J.Harikrishna For Respondents :Mr.T.Rajamohan JUDGMENT The Union of India, owner of Southern Railways, is the appellant in the Civil Miscellaneous Appeal preferred under Section 23 of the Railway Claims Tribunal Act, 1987 against the order of the Railway Claims Tribunal, Chennai Bench dated 29.10.2009 made in O.A.No.2009 00068 awarding a sum of Rs.4,00,000/- as compensation, which amount ...


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