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Chennai Court January 2014 Judgments

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Jan 06 2014

M/S. Itc Ltd. Vs. Commissioner of Customs and Central Excise, Salem

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Decided on: Jan-06-2014

Per Mathew John, J. 1. The appellant is a manufacture of paper board. During the manufacture of paper board, sludge emerges from the Effluent Treatment Plant (ETP). The sludge is sold for a marginal consideration. Sludge is exempted under Notification No.77/86-CE, dated 14.02.1986. Revenue was of the view that since sludge is an exempted product, the Cenvat credit taken for inputs used in the manufacturing process should be reversed in terms of Rule 6 of Cenvat Credit Rules taking the value of such sludge into consideration. Based on such a reasoning a demand for Rs.56,207/- is confirmed for the period 10.05.2008 to 30.11.2008. 2. After hearing both sides, we find that this issue has already been decided by this Tribunal and, therefore, both the stay petition and the appeal were taken up together and both the sides were heard accordingly. 3. The argument of the learned Counsel for the applicant is that sludge is a waste product and amendment to Section 2(d) to explain the scope of mark...


Jan 06 2014

M/S. Thayar Tours and Travels Vs. Cce, St Trichy

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Decided on: Jan-06-2014

P.K. Das, J. 1. The applicant filed this application for condonation of delay of filing the appeal for 95 days.2. The Ld. Advocate on behalf of the applicant reiterated the reasons explained in the application. The relevant portion of the application is reproduced as under:- 2.0.The counsels of the appellant, M/s. Swamy Associates, who represented the appellant before the Commissioner (Appeals) appeared to have received the impugned order on 01.08.2012. During November 2012, the counsels have contacted the appellant (Shri P. Balasubramanian) and enquired about the filing of appeal before Tribunal, Chennai. It was informed by the appellant that they have not received the impugned order itself. In view of the above, the appellant vide their letter dated 20.11.2012 requested the Commissioner (Appeals), Trichy to provide a copy of the impugned order (Page No. 51 of this appeal), which was also acknowledged by the Superintendent. But the appellant has not received any communication fr...


Jan 06 2014

P.Shanmuga Sundaram Vs. Spl.Commissioner for Handicapped

Court: Chennai

Decided on: Jan-06-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.01.2014 Coram: THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.No.28826 of 2012 P.Shanmuga Sundaram .Petitioner versus 1.The Special Commissioner for Handicapped, Office of the State Commissioner of Disabled, No.15/1, Model School Road, Thousands Lights, Chennai-600 006. 2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003. 3.The Commissioner of Police, Egmore, Chennai-600 008.Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the Second Respondent to dispose of the Petitioner's Representation dated 24.08.2012 issuance of License for running Bunk Shop on the line of Club House Road, by the side of No.10, L&T Main Gate Opp., Taj Club House, Chennai-600 002. For Petitioner : No Appearance For Respondent : Mr.s.Navaneetham Nos.1 & 3 Additional Government Pleader For Respondent-3 : Mr.R.Arunmozhi ------- ORDER The Petiti...


Jan 06 2014

S.Radha Vs. Dist.Collector

Court: Chennai

Decided on: Jan-06-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:06. 01.2014 CORAM: THE HONOURABLE MR. JUSTICE S.MANIKUMAR W.P.No.33336 of 2013 and M.P.Nos. and 1 and 2 of 2013 S.Radha ... Petitioner vs. 1.The District Collector, Erode District, Erode. 2.The Executive Officer, Anthiyur Town Panchayat, Anthiyur, Bhavani Taluk, Erode District. 3.The Assistant Engineer, (Operation and Maintenance), Tamilnadu Electricity Board, Anthiyur, Erode District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorarified mandamus, calling for the records relating to the proceedings dated 22.11.2013 made Na.Ka.No.442/2013 by the 2nd respondent herein, quash the same and direct the 3rd respondent to provide Electricity Supply connection to the house of the petitioner in S.No.1616/5, Manthai Mariamman Koil Street, Anthiyur, Bhavani Taluk, Erode District. For Petitioner : Mr.S.Senthilnathan For Respondents : Mr.V.Shanmugha Sundar (for R1) Government Advoc...


Jan 06 2014

P.Francis Co Charls Alias Charls Vs. 1.Kumaresan

Court: Chennai

Decided on: Jan-06-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06. 01/2014 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.(MD)No.472 of 2006 and Cross Objection (MD)No.29 of 2013 C.M.A.(MD)No.472 of 2006 P.Francis Co Charls alias Charls ... Appellant Vs. 1.Kumaresan 2.C.Thankayan 3.New India Insurance Company Limited, Rep. by its Branch Manager, near Head Post Office, Nagercoil, Agastheeswaram Taluk, Kanyakumari District. ... Respondents PRAYER Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and decree in M.C.O.P.No.90 of 2002, dated 05.092005, on the file of the I Additional Motor Accidents Claims Tribunal, Nagercoil. !For Appellant ... Mr.Sreekumaran Nair ^For Respondents ... Notice dispensed with for R1 and R2 Mr.M.Ramanathan for R3 - - - Cross Objection (MD)No.29 of 2013 #The New India Insurance Company Limited, Rep. by its Branch Manager, Near Head Post Office, Nagercoil, Agastheeswaram Taluk, Kanyakumari District. ... Cross Objector Vs...


Jan 06 2014

Regina Begam Vs. 1.The Secretary to Government,

Court: Chennai

Decided on: Jan-06-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06. 01.2014 CORAM THE HONOURABLE MR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.999 of 2013 Regina Begam .. Petitioner Vs 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009. 2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Tiruvarur District. 3.The Superintendent of Prison, Tiruchirappalli Central Prison, Trichy District. .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to call for the entire records, pertaining to the detention order of the second respondent in C.O.C.No.24/2013, dated 17.07.2013 and quash the same and direct the respondents to produce the detenu, Marjith Alikhan, son of Rukkun Batcha, aged about 22 years, detained in Tiruchirappalli Central Prison, before this Court and set him at liberty forthwith. !For petitioner ... Mr....


Jan 06 2014

A.Balasubramaniam Vs. State of Tamil Nadu

Court: Chennai

Decided on: Jan-06-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.01.2014 CORAM THE HON'BLE Mr.JUSTICE M. VENUGOPAL Writ Petition No.19822 of 2012 1.A.Balasubramaniam Environmental Scientist, Tamil Nadu Pollution Control Board (TNPCB) AEL, Cuddalore. 2.K.Lakshmi 3.R.Sakunthala 4.M.Jeevakala 5.T.Soundararajan 6.R.Sivasankaran 7.S.Evuri 8.R.Savithriamma 9.K.Renganathan 10.V.Amsaraj 11.M.Raviselvi 12.C.Kalamani 13.K.Ravichandran 14.S.Munirathinam 15.K.M.Murugan 16.G.Raju 17.G.Manoharan ..Petitioners versus 1.The State of Tamil Nadu represented by the Secretary to Government, Environment & Forests (EC.2) Department, Secretariat, Chennai-9. 2.The Tamil Nadu Pollution Control Board, represented by its Member Secretary, 76 Anna Salai, Chennai 600 032..Respondents Writ petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records of the order passed by the second respondent made under proceedings No.TNPCB/Service/Pa7/6426/12 dated 1.6....


Jan 06 2014

Sathu Dharmananda Saraswathi Swamigal Trust Vs. Sree Shanmuga Seva San ...

Court: Chennai

Decided on: Jan-06-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06. 01.2014 CORAM THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Tr.C.M.P.(MD)No.2 of 2014 and Tr.C.M.P.(MD)No.3 of 2014 and M.P.(MD) Nos.1 & 1 of 2014 Sathu Dharmananda Saraswathi Swamigal Trust rep.by it's Secretary G.Venkatachalapathy Palani, Dindigul District ... Petitioner in both Tr.C.M.Ps., vs Sree Shanmuga Seva Sangam Nattar Trust, rep.by it's Secretary Palani, Dindigul District ... Respondent in both Tr.C.M.Ps., PRAYER (Tr.C.M.P. (MD) No.2 of 2014) Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of the Code of Civil Procedure, to withdraw the case on the file of the Principal District Court, Dindigul, in C.M.A.No.23 of 2013 and transfer the same either to the District Court, Coimbatore or District Court, Karur. PRAYER (Tr.C.M.P. (MD) No.3 of 2014) Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of the Code of Civil Procedure, to withdraw the case on the file of the Principal Distri...


Jan 06 2014

National Highways Authority Vs. Secretary to Government

Court: Chennai

Decided on: Jan-06-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 06.01.2014 Coram:- The Hon'ble Mr. Justice T.Raja W.P. Nos.1856 to 1858 of 2013 and M.P. Nos.1 to 4/13, 1 to 3/13 and 1 to 3/13 National Highways Authority of India through Project Director, Project Implementation Unit, No.1, Second Floor, Subramaniapuram 3rd Street, Karaikudi-630 002. ... Petitioner in all Writ Petitions vs. The Secretary to Government, Public Works Department, Secretariat, Fort St. George, Chennai 600 009. ... R1 in all WPs The Principal Chief Engineer, Water Resources Department, Chepauk, Chennai 600 005. ... R2 in all WPs The Chief Engineer, Public Works Department, Water Resources Organisation, Madurai Region, Madurai 625 002. ... R3 in Writ Petn No.1856/2013 The Chief Engineer, Public Works Department, Water Resources Organisation, Trichy Region, Trichy 620 020. ... R3 in WPs.1857 and 1858 of 2013. The Assistant Executive Engineer, Public Works Department, Water Resources Organisation, Manimuthar Basin Sub-Divisio...


Jan 06 2014

Thangamaharaja Vs. Sumathi

Court: Chennai

Decided on: Jan-06-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 6.1.2014 CORAM THE HON'BLE MR JUSTICE K.KALYANASUNDARAM C.R.P.(NPD).3679 of 2010 and M.P.No.1 of 2010 Thangamaharaja ..Petitioner versus Sumathi ..Respondent Civil revision petition preferred under Section 25 of the Tamil Nadu Buildings (lease and rent Control) Act, 1961, read with Act 23 of 1973, against the judgment and decree dated 13.9.2010 passed by the Sub Judge, Mannargudi, in RCA No.1 of 2010, reversing the order dated 30.6.2009 passed by the Rent Controller cum District Munsif, Thiruthuraipoondi, in RCo.No.6 of 2005. For Petitioner : Mr.A.Ilango For Respondent : Mr.S.Sathiamurthi ORDER This civil revision petition is directed against the the judgment and decree dated 13.9.2010 passed by the Sub Judge, Mannargudi, in RCA No.1 of 2010, reversing the order dated 30.6.2009 passed by the Rent Controller cum District Munsif, Thiruthuraipoondi, in RCo.No.6 of 2005. 2.The petitioner is the tenant and the respondent is the landlady. The...


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