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Chennai Court April 2014 Judgments

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Apr 02 2014

Marry Susheela Vs. Shalee Kasthuribai

Court: Chennai

Decided on: Apr-02-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 02.04.2014 CORAM: The Hon'ble Mr.Justice R.KARUPPIAH Civil Revision Petition No.1412 of 2008 and M.P.No.1 of 2008 Marry Susheela .Petitioner/defendant vs Shalee Kasthuribai .Respondent/plaintiff Prayer: The Civil Revision Petition filed under Article 227 of the Constitution of India against the fair order and decretal order dated 05.12.2007 passed in I.A.No.56 of 2007 in ASCFR No.2816 of 2007 on the file of the District Court, Udhagamandalam. For Petitioner ..Mr.R.Subramanian For Respondent ..Mr.C.Deivasigamani ORDER The civil revision petition has been filed to set aside the fair order and decretal order dated 05.12.2007 passed in I.A.No.56 of 2007 in ASCFR No.2816 of 2007 on the file of the District Court, Udhagamandalam. 2.Heard Mr.R.Subramaninan, learned counsel appearing for the revision petitioner and Mr.C.Deivasigamani, learned counsel appearing for the respondent. 3.For the sake of convenience, the defendant in the original suit ...


Apr 02 2014

1.The Chief Educational Officer, Vs. 1.S.Christy

Court: Chennai

Decided on: Apr-02-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2014 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Appeal (MD)No.463 of 2014 and M.P.(MD)No.1 of 2014 1.The Chief Educational Officer, Kanyakumari District at Nagercoil, KanyakuaMr.District-629 001.' 2.The District Educational Officer, Kuzhithurai at Marthandam, Kanyakumari District..Appellants/Respondents 1&2 versus 1.S.Christy ..Respondent-1/ Petitioner 2.The Manager, Concordia High and Higher Secondary Schools, Lutheran Primary and Middle Schools, MELIM Primary Schools, Lutheran Centre, Nagercoil, Kanyakumari District. 3.The Correspondent, Concordia Higher Secondary School, Pootteti, Theruvukadai Post, Kanyakumari District-629 157..Respondents 2 & 3/Respondents 3&4 Writ Appeal under Clause 15 of the Letters Patent against the order of the learned Single Judge, dated 25.07.2011, made in W.P.(MD)No.3772 of 2008. !For Appellants : Mr.V.R.Shanmuganathan, Spl.Govt.Pl...


Apr 02 2014

K.Syed Razack Vs. the State of Tamil Nadu

Court: Chennai

Decided on: Apr-02-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.04.2014 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.NO.11851 OF2012AND M.P.NO.1 OF2012K.Syed Razack ..Petitioner versus 1.The State of Tamil Nadu Rep. by the Secretary to Government Home Department Fort St. George, Chennai 600 009. 2.The Commissioner of Police Greater Chennai Police Egmore, Chennai 600 008. 3.The Director (Vigilance & Anti-Corruption) Chennai 600 028. 4.The Accountant General (Accounts & Entitlement) Pension Section Teynampet, Chennai 600 018..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in RC No.120/42541/Pay Fix.I/2011 and to quash the order dated 10.02.2012 made therein and consequently to direct the respondents to forbear from in any manner recovering the alleged overdrawn pay of Rs.36,312/- from the Death-cum-Retirement Gratuity of the petiti...


Apr 02 2014

M.Shanmugavel Vs. State Transport Authority

Court: Chennai

Decided on: Apr-02-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :02. 04.2014 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.9070 & 9071 of 2013 M.Shanmugavel .. Petitioner in W.P.No.9070 of 2013 M.Palanivel .. Petitioner in W.P.No.9071 of 2013 -vs- 1. The Secretary State Transport Authority Puducherry 2. The State Transport Authority Chennai 3. M.Vasudevan .. Respondents 1 to 3 in both the W.Ps.4. M.Palanivel .. 4th respondent in W.P.No.9070 of 2013 5. M.Shanmugavel .. 4th respondent in W.P.No.9071 of 2013 6. M.Venkatesan 7. S.Vanaja 8. R.Maheswari .. Respondents 5 to 7 in both the W.Ps. W.P.No.9070 of 2013 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent herein to transfer the permit along with the vehicle plying on the inter-state route ".Puducherry to Villupuram". along with spare bus bearing Regn.No.PY-01/N-5649 from the name of the deceased permit holder Tmt.Rajaveni in the name of the petitioner pur...


Apr 02 2014

Correspondent of Aaruthra English School Vs. Muthulakshmi

Court: Chennai

Decided on: Apr-02-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :02. 04.2014 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR C.M.A.No.873 of 2014 and M.P.No.1 of 2014 The Correspondent, Aaruthra English School, Jayaganesh Nagar, Korkadu Village, Puducherry. ... Appellant vs. 1.Muthulakshmi 2.Vijaya 3.Bala 4.Ravisasthri 5.The Divisional Manager, The Oriental Insurance Company Limited, Chennai. ... Respondents Civil Miscellaneous Appeal filed under Section 173 Motor Vehicles Act, 1988, against the Award dated 05.12.2013 passed in M.A.C.T.O.P.No.673 of 2011 on the file of the Motor Accident Claims Tribunal, (II Additional District Judge), Pondicherry. For Appellant : Mr.A.Prabhakaran JUDGMENT Aggrieved by the Award, dated 05.12.2013 passed in M.A.C.T.O.P.No.673 of 2011, on the file of the Motor Accident Claims Tribunal, (II Additional District Judge), Pondicherry, Correspondent of Aaruthra English School, Puducherry, has preferred this Appeal.2. Respondents 1 to 4 are the wife, daughter and sons of the decea...


Apr 02 2014

Commissioner of Income Tax Vs. Aban Loyd Chiles Offshore Ltd.

Court: Chennai

Decided on: Apr-02-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :02. 04.2014 CORAM THE HON'BLE MRS.JUSTICE CHITRA VENKATARAMAN AND THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM Tax Case (Appeal).No.1367 of 2007 --- The Commissioner of Income Tax Chennai ..Appellant -vs- M/s.Aban Loyd Chiles Offshore Ltd 96, Pantheon Road, Egmore Chennai 600 008 ..Respondent Tax Case (Appeal) filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras ".A". Bench, Chennai, dated 16.02.2007 in ITA.No.2253/Mds/2005 for the assessment year 2001-02. For appellant : Mr.T.Ravikumar Standing Counsel for Income Tax Department For respondent: Mr.R.Venkata Narayanan for M/s.Subbaraya Aiyar. ----- JUDGMENT (Judgment of the Court was made by CHITRA VENKATARAMAN, J.) Revenue is on appeal as against the order of the Income Tax Appellate Tribunal relating to the assessment year 2001-02. At the time of admission, following question of law was raised:- ". Whether on the fac...


Apr 02 2014

D.Simpson Vs. S.T.Perumal

Court: Chennai

Decided on: Apr-02-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:02. 04.2014 CORAM: THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.Nos.8352 and 6556 of 2014 Crl.O.P.No.8352/2014 D.Simpson .. Petitioner vs. S.T.Perumal .. Respondent Crl.O.P.No.6556/2014 S.T.Perumal .. Petitioner vs. 1.The State rep. By The Inspector of Police (L&O), Nellankarai Police Station, Nellankarai, Chennai.2. Simpson .. Respondents Criminal Original Petitions filed under Section 482 Cr.P.C. Praying (i) to compound the offence u/s.147 of the Negotiable Instruments Act between the petitioner and the respondent based on the joint memo of compromise dated 1.4.2014 entered into between the petitioner and respondent; and (ii) to direct the 1st respondent to execute the warrant issued by IX Metropolitan Magistrate in connection with C.C.No.3359/2006. For Petitioner in Crl.OP.8352/2014 and R-2 in Crl.OP.6556/2014 : Mr.N.Anand Venkatesh For Respondent in Crl.OP.8352/2014 and Petitioner in Crl.OP. 6556/2014 : Mr.R.Subburaj For R-2 in ...


Apr 02 2014

Commissioner of Income Tax Vs. Gimpex Ltd.

Court: Chennai

Decided on: Apr-02-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :02.04.2014 Coram The Honourable Mrs.Justice CHITRA VENKATARAMAN and The Honourable Mr.Justice T.S.SIVAGNANAM Tax Case (Appeal) No.1352 of 2007 Commissioner of Income Tax Chennai ... Appellant -vs- M/s.Gimpex Ltd., 181, Linghi Chetty Street Chennai 600 001. ...Respondent Prayer: Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'A' Bench dated 30.04.2007 passed in ITA No.708/Mds/06 relating to the assessment year 2002-2003. For appellant : Mr.T.Ravikumar Standing Counsel for Income Tax Department For respondent : Mr.C.V.Raja for Mr.R.Sivaraman JUDGMENT (The Judgment of the Court was made by T.S.SIVAGNANAM.J.,) This appeal by the Revenue is directed against the order dated 30.04.2007 passed by the Income Tax Appellate Tribunal [The Tribunal]. in ITA No.708/Mds/06 relevant to the assessment year 2002-03.2. The Tax Case (Appeal) has been admitted on the followi...


Apr 02 2014

Chinnappan Vs. Rosemary

Court: Chennai

Decided on: Apr-02-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:02. 04.2014 CORAM THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR S.A.No.805 of 2007 Chinnappan .. Appellant -Vs- 1.Rosemary 2.Arul Angel Mary 3.Charles Francis 4.Maria Geraldine Lily 5.Nirmala Mary 6.Brijith Jonamary 7.Michael 8.Arokiadas 9.Lourdumary 10.Arokiamary .. Respondents Second Appeal filed under section 100 of C.P.C against the judgment and decree dated 31.01.2007 passed in A.S.No.44/2006 on the file of the I Additional Sub Court, Cuddalore reversing the judgment and the decree dated 10.02.2006 passed in O.S.No.251 of 2002 before the Principal District Munsif's Court, Cuddalore. For Appellant : Mrs.R.Meenal For Respondents : Mr.R.Gururaj for R1 to R6 No Appearance for R7 to R10 ----- JUDGMENT The third defendant in the original suit O.S.No.251 of 2002 on the file of the Principal District Munisf, Cuddalore is the appellant in the second appeal. The said suit was filed by one Isac for declaration of his title and injunction in respect...


Apr 02 2014

icici Lombard General Vs. S.Deivanai

Court: Chennai

Decided on: Apr-02-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.04.2014 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR C.M.A.No.1172 of 2014 and M.P.No.1 of 2014 M/s.ICICI Lombard General Insurance Company Limited Warnambigai Plaza, 1st Floor, Omalur Main Road, Salem-9..Appellant versus 1.S.Deivanai 2.Minor Karthika 3.Minor Karthick (Minor respondents 2 and 3 are represented by their mother, next friend the 1st respondent S.Deivanai) 4.K.M.Meenalochani (R4 set ex parte in Lower Court) ..Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree, dated 19.08.2011 made in M.C.O.P.No.40 of 2009 on the file of Motor Accidents Claims Tribunal (Additional District Judge and Special Judge for EC Act Cases).Salem. For Appellant : Mrs.R.Srividhya JUDGMENT Legal representatives, Wife, two minor children, aged about 9 years and 8 years respectively, at the time of filing of claim petition, have filed MCo.No.40 of 2009 on the file of Motor Acciden...


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