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Chennai Court April 2014 Judgments

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Apr 04 2014

1)guruvammal Vs. 1)chinnamuniyandi

Court: Chennai

Decided on: Apr-04-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04. 04.2014 CORAM : THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.M.A.No.1424 of 2012 and M.P(MD)Nos.1 of 2012 and 1 of 2013 1)Guruvammal 2)Nagammal ... Appellants Vs. 1)Chinnamuniyandi 2)Periyammal ...Respondents Prayer Appeal filed under Order XLIII Rule 1(u) of the Civil Procedure Code, against the order of remand dated 11.09.2012 rendered in A.S.No.9 of 2012 on the file of the Subordinate Judge, Virudhunagar, by setting aside the decree and judgment dated 08.10.2010 rendered in O.S.No.209 of 2009 on the file of the District Munsif of Virudhunagar. !For Appellants ... Mr.S.Subbiah ^For Respondents ... Mr.C.Jeganathan for Mr.Veerakathiravan :JUDGMENT This appeal is filed against the order of remand made in A.S.No.9 of 2012 dated 11.09.2012 on the file of the Sub Court, Virudhunagar. For the sake of convenience, the parties are referred as per their litigative status in the suit.2. Brief facts of the case are that the petitioners are...


Apr 04 2014

K.Parasuraman Vs. 1.The Management,

Court: Chennai

Decided on: Apr-04-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04. 04.2014 CORAM THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.8459 of 2006 K.Parasuraman ... Petitioner Vs. 1.The Management, Southern Petro Chemical Industries Corporation Ltd., [Spic]., Tuticorin. 2.The Presiding Officer, Labour Court, Tirunelveli. ... Respondents PRAYER Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus to call for the Award, dated 21.04.2003 in I.D.No.79 of 1996, passed by the second respondent and quash the same and direct the first respondent to reinstate the petitioner with back wages, continuity of service. !For Petitioner ... Ms.D.Geetha ^For Respondent No.1 ... Mr.Jerin Mathew For M/s.Ajmal Associates :ORDER *********** The petitioner has challenged the Award of the labour court in I.D.No.79 of 1996, dated 21.04.2003, confirming the order of dismissal from service passed by the first respondent.2. The Brief facts of the case are as fo...


Apr 04 2014

A.B.Fathima Sulthana Vs. Women Lawyers Association Chennai

Court: Chennai

Decided on: Apr-04-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.04.2014 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL O.S.A.No.77 of 2014 and M.P.Nos.1 and 2 of 2014 A.B.FATHIMA SULTHANA W/O.E.GULAB,No.328 NEW ADDL LAW CHAMBERS HIGH COURT BUILDINGS CH104..Petitioner versus R-1 THE WOMEN LAWYERS ASSOCIATION REPRESENTED BY ITS SECRETARY, HIGH COURT BUILDINGS, CHENNAI-104. R-2 MS.D.PRASANNA ADVOCATE, NO.364, NEW ADDITIONAL LAW CHAMBERs.HIGH COURT BUILDINGS, CHENNAI-104. R-3 MS.S.THAMIZHARASI ADVOCATE, NO.301, NEW ADDITIONAL LAW CHAMBERs.HIGH COURT BUILDINGS, CHENNAI-104. R-4 MS.V.NALINI ADVOCATE, WOMEN LAWYERS ASSOCIATION, ADDITIONAL LAW CHAMBERs.HIGH COURT BUILDINGS, CHENNAI-104. R-5 MS.N.BEULAH JOHN SELVARAJ ADVOCATE, NO.333, NEW ADDITIONAL LAW CHAMBERs.HIGH COURT BUILDINGS, CHENNAI-104 R-6 MS.G.V.SHOBA ADVOCATE,NO.78, ADDITIONAL LAW CHAMBERs.HIGH COURT BUILDINGS, CHENNAI-104 R-7 MS.V.ALAMELU ADVOCATE, WOMEN LAWYERS ASSOCIATION, HIGH COURT BUILDINGS, CHENN...


Apr 04 2014

P.Mokkamayan Vs. 1.Lakshmiammal

Court: Chennai

Decided on: Apr-04-2014

BEFORE THE MADURAI fence OF MADRAS HIGH COURT DATED: 04.04.2014 CORAM THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM S.A.(MD)No.853 of 2007 P.Mokkamayan : Appellant/Plaintiff versus 1.Lakshmiammal 2.Jepamani : Respondents/Defendants Prayer This second appeal filed under Section 100 of CPC against the judgment and decree passed by the III Additional Subordinate Court, Madurai, 14.03.2007 in A.S.No.175 of 2002 reversing the decree and judgment of the Additional District Munsif, Madurai, dated 19.06.2002 passed in O.S.No.1394 of 1992. For Appellant : Mr.T.Srinivasa Raghavan For 1st respondent : Mr.T.R.Subramanian For 2nd respondent : Mr.A.Mahendravarma :JUDGMENT Challenge in this second appeal is to the judgment and decree, dated 14.03.2007 passed in A.S.No.175 of 2002 by the Subordinate Judge, Madurai, reversing the judgment and decree passed in O.S.No.1394 of 1992, dated 19.06.2002 on the file of the District Munsif Court, Madurai. 2.The appellant herein as plaintiff has instituted Original S...


Apr 04 2014

1.Ramathilagam Vs. 1.Nambi Naidu

Court: Chennai

Decided on: Apr-04-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2014 CORAM THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM S.A.(MD)No.61 of 2006 and M.P.(MD)No.1 of 2011 1.Ramathilagam 2.Lakshmiammal 3.Ganapathiraman 4.Govindraraj 5.Chellammal : Appellants/D2 to D6 versus 1.Nambi Naidu 2.Srirama Naidu : Respondents/Plaintiffs 2 & 3 Prayer This second appeal filed under Section 100 of CPC against the judgment and decree, dated 22.02.2005 of the II Additional Subordinate Judge, Tirunelveli passed in A.S.No.238 of 2004, confirming the judgment and decree of the District Munsif-Judicial Magistrate, Nanguneri, in O.S.No.782 of 1996, dated 03.12.2004. !For Appellants : Mr.G.Prabhu Rajadurai ^For Respondents : Mr.M.V.Venkateseshan :JUDGMENT Challenge in this second appeal is to the judgment and decree, dated 22.02.2005 passed in A.S.No.238 of 2004 by the II Additional Subordinate Judge, Tirunelveli, confirming the judgment and decree passed in O.S.No.782 of 1996 on the file of the District Munsif-cum...


Apr 04 2014

M.Jayasankar Vs. Govt. of Tamil Nadu

Court: Chennai

Decided on: Apr-04-2014

THE HIGH COURT OF JUDICATURE AT MADRAS Dated:04.04.2014 Coram THE HONOURABLE Mr.JUSTICE M.VENUGOPAL W.P.Nos.23832 to 23835 of 2012 and M.P.Nos.2 to 2 of 2012 and M.P.Nos.3 to 3 of 2012 and M.P.Nos.1 to 1 of 2013 *** M.Jayasankar ..Petitioner in W.P.No.23832/2012 K.Anumuthu ..Petitioner in W.P.No.23833/2012 A.Mathiyazhagan ..Petitioner in W.P.No.23834/2012 D.Geetha ..Petitioner in W.P.No.23835/2012 versus 1.The Govt. of Tamil Nadu rep. By Secretary Housing and Urban Development Department, Fort George, Chennai. 2.The Managing Director, T.N.H.B.Annasalai, (Tamil Nadu Housing Board).Nandhanam, Chennai. 3.Tamil Nadu Housing Board, Secretary and Personal Officer, Annasalai, Nandhanam, Chennai. 4.The Executive Engineer & Administration Officer, T.N.H.B., Hosur Division, Hosur, Krishnagiri District..Respondents Common PRAYER: Petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the file Housing Boards Resolution...


Apr 03 2014

M/S. Loyal Textile Mills Ltd. Vs. Commissioner of Central Excise, Tiru ...

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Decided on: Apr-03-2014

1. Heard both sides and perused the records. 2. The relevant facts of the case in brief are that the appellants are engaged in the manufacture of Cotton Yarn of various varieties of Heading No.5205, Grey Cotton Fabrics of various varieties under Heading No.5208, Grey Polyester Fabrics of various varieties, Knitted Garments of Heading No.6101 and Woven Garments of Heading No.6201. They availed benefit of Notification No.30/2004-CE, dated 09.07.2004. The proviso to the said notification stipulates that in this notification shall not apply to the goods in respect of which credit of duty on inputs has been taken under the provisions of Cenvat Credit Rules, 2004. The appellant reversed the credit in respect of the inputs which has been used in the manufacture of the goods. There was an unutilised balance of Cenvat credit of Rs.11,55,740/- on 31.12.2004. Adjudicating authority expunged the credit of Rs.11,55,740/-, as it is hit by Rule 11(2) of Cenvat Credit Rules, 2004. 3. The learned Couns...


Apr 03 2014

The Government of India Vs. the Registrar Central Administrative Tribu ...

Court: Chennai

Decided on: Apr-03-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 3-4-2014 CORAM THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION Nos.1078, 10046 to 10049 and 18262 of 2012 and M.P.Nos.1, 1, 1, 1, 1 and 1 of 2012 1.The Government of India Ministry of Personnel Public Grievances and Pensions Represented by its Secretary Department of Personnel and Training North Block, New Delhi. 2.The Financial Adviser and Chief Accounts Officer Southern Railway Headquarters Park Town, Chennai.Petitioners in WP10782012 3.The Union of India Represented by the Secretary Ministry of Railways Railway Board, New Delhi. 4.The General Manager Southern Railway Park Town, Chennai 3. 5.The Financial Adviser & Chief Administrative Officer Southern Railway Park Town, Chennai 600 003.Petitioners in WP10046 10047, 10048, 10049 and 18262/2012 vs 1.The Registrar Central Administrative Tribunal Madras Bench, Chennai 600 104.1st Respondent in WP1078 10046, 10047, 10048, 10...


Apr 03 2014

United India Insurance Co. Ltd. Vs. Selvi

Court: Chennai

Decided on: Apr-03-2014

IN THE HIGH COURT OF JUDICATURE OF MADRAS DATED:03. 04.2014 CORAM: THE HONBLE MR. JUSTICE S. MANIKUMAR C.M.A.No.3078 of 2013 M.P.No.1 of 2013 The United India Insurance Co. Ltd., Branch Office, Dharmapuri Town & District. ... Appellant Vs.1. Selvi 2. Irsath Jogan ... Respondents The Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act against the judgment and decree, dated 22.11.2012, made in M.C.O.P.No.322 of 2011, on the file of the Motor Accidents Claims Tribunal (Additonal District Judge), Dharmapuri. For Appellant : Mr.T.Ravichandran For 1st Respondent : Mr.S.Sathiaseelan JUDGMENT Being aggrieved by the finding, fastening liability on the Insurance Company to pay compensation of Rs.2,06,480/- with interest at the rate of 7.5% per annum, from the date of claim petition, till the date of realisation, the United India Insurance Company has preferred this appeal.2. According to the respondents, that on 02.11.2010, about 8.00 A.M., the respondent and one ...


Apr 03 2014

Seetharaman Vs. Kumar Krishna Iyer

Court: Chennai

Decided on: Apr-03-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.04.2014 CORAM : THE HONOURABLE Mr.JUSTICE R.KARUPPIAH C.R.P(PD).No.739 of 2009 and M.P.No.1 of 2009 1.Seetharaman 2.Murali ..Petitioners versus 1.Kumar @ Krishna Iyer 2.Krishnan 3.Siddhan (R2 & R3 given up as unnecessary parties) ..Respondents Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decretal order dated 01.09.2009 made in I.A.No.70 of 2008 in O.S.No.121 of 2000, on the file of the District Munsif, Mettur. For Petitioners : Mr.T.Murugamanickam For Respondent-1 : Mr.P.Mani ORDER The revision petitioners who are the defendants 1 and 2 in the Original Suit filed this Civil Revision Petition to set aside the fair and decretal order passed in I.A.No.70 of 2008 in O.S.No.121 of 2000, on the file of the District Munsif Court, Mettur. 2.Heard Mr.T.Murugamanickam, learned counsel appearing for the revision petitioners as well as Mr.P.Mani, learned counsell appearing for...


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