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Chennai Court April 2014 Judgments

Apr 28 2014

1.Madurai Bar Association, Vs. 1.The State of Tamil Nadu,

Court: Chennai

Decided on: Apr-28-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.04.2014 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Appeal(MD)No.726 of 2013 1.Madurai Bar Association, through its Secretary, District Court Campus, Madurai. 2.S.Ravindran for himself and as Power of Attorney Agent for 3.S.Mahendran 4.S.Surendran 5.S.Ramanathan 6.G.Uma 7.V.Manimekalai 8.S.Angayarkanni ..Appellants/ Petitioners versus 1.The State of Tamil Nadu, rep.by its Secretary, Housing and Urban Development Department, Chennai-600 009. 2.The Special Tahsildar, (Land Acquisition).Madurai South Neighbourhood Scheme, Unit III, Madurai-20. 3.Tamil Nadu Housing Board, rep.by its Chairman and Managing Director, Anna Salai, Nandanam, Chennai-18..Respondents/ Respondents Prayer : Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 27.03.2013, made in W.P.(MD)No.9759 of 2012. !For Appellant-1 : Mr.D.Selvam for Mr.K.S.Sreenivasan For Ap...

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Apr 28 2014

Shriram General Insurance Co. Ltd. Vs. Bhuvaneswari

Court: Chennai

Decided on: Apr-28-2014

IN THE HIGH COURT OF JUDICATURE OF MADRAS DATED:28. 04.2014 CORAM: THE HONBLE MR. JUSTICE S. MANIKUMAR C.M.A.No.1407 of 2014 and M.P.No.1 of 2014 M/s. Shriram General Insurance Co. Ltd., Rep. by the Divisional Manager, Jayasree Towers, I Floor, C/42, 6th Cross Thillai Nagar, Trichy-18. ... Appellant Vs. 1.Bhuvaneswari. 2.Subramanian 3.Thangamani Respondents The Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act against the award & Decree dated 16.07.2009 made in M.C.O.P.No.218 of 2010 on the file of the Motor Accidents Claims Tribunal (Sub Judge), Mannargudi. For Appellant : Mr.B.Murugavel. JUDGMENT Daughter and Son, aged about 36 and 31 years respectively, have claimed compensation of Rs.6,00,000/- for the death of their mother, aged about 58 years, stated to be a house wife and tailor, at the time of accident, which occurred on 25.07.2010, involving a heavy goods vehicle bearing Regn.No.TN28 E8406insured with Shriram General Insurance Company Limited...

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Apr 28 2014

Tamil Nadu State Transport Vs. the Joint Commissioner of Labour

Court: Chennai

Decided on: Apr-28-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 28.04.2014 CORAM The Hon'ble Ms.Justice K.B.K.VASUKI W.P.No.11939 of 2006 and W.P.M.P.No.13552 of 2007 and W.V.M.P.No.335 of 2007 Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore. Rep. By its General Manager.Petitioner versus 1.The Joint Commissioner of Labour (Conciliation).D.M.S.Compound, Teynampet, Chennai 600 006. 2.R.Bhaskaran .Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records of the fiRs.respondent in Approval Petition No.312 of 2003 dated 10.12.2004 and quash the same. For Petitioner ..Mr.P.Paramasivadoss For fiRs.Respondent ..Mr.R.M.Muthukumar, G.A For second Respondent ..Mr.V.Ajoy Khose ORDER The writ petition is filed against the order of the fiRs.respondent Labour Court, in and under which, the fiRs.respondent refused to grant approval for the punishment of dismissal of the second respondent/employee from service. 2...

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Apr 25 2014

Poornam Beverages (P) Ltd. Vs. Commissioner of Central Excise, Coimbat ...

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Decided on: Apr-25-2014

Pradip Kumar Das. J. 1. The appellants filed this appeal against rejection of refund claim of Rs.19 lakhs under Rule 5 of Cenvat Credit Rules, 2002 read with Section 11B of the Central Excise Act, 1944. 2. Heard both sides and perused the records. 3. The appellants are engaged in the manufacture of "Flavoured Drink Concentrate" classifiable under sub heading 2108.90 of the Central Excise Tariff Act, 1985. On 22.12.2003, they filed the refund claim of Rs.19 lakhs in respect of unutilized cenvat credit accumulated in their cenvat account on inputs utilised in the export of the goods. A show cause notice dt. 24.5.2004 was issued proposing to reject the refund claim on the ground that they have not fulfilled the conditions of Notification No.11/02-CE (NT) dt. 1.3.2002 in so far as the appellant was in a position to utilize the credit in respect of the inputs against the goods exported during the period 23.12.2002 to 31.12.2003. The adjudicating authority rejected the refund claim, which wa...

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Apr 25 2014

D.Prabhu Srinivasan Vs. Dr.G.Ramaprabha

Court: Chennai

Decided on: Apr-25-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED. 25.04.2014 CORAM: THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.No.12206 of 2009 and M.P.Nos.1 of 2009 and 1 of 2010 D.Prabhu Srinivasan ... Petitioner Vs.1. Dr.G.Ramaprabha 2. Minor Satishkumar, Rep. by mother and guardian Dr.G.Ramaprabha ...Respondent Prayer: Petition is filed under Section 482 Cr.P.C, praying to set aside the order passed by the learned Judicial Magistrate No.I, Mayiladuthurai in M.C.No.24 of 2007 dated 16.06.2008 modified by the learned Sessions Judge, Nagapattinam in Criminal Revision Petition No.29 of 2008 dated 29.4.2009. For Petitioner : Mr.A.Jenasenan For Respondent : Mr.A.Muthukumar - - - - - ORDER This petition has been filed by the petitioner under Section 482 of the Criminal Procedure Code against the order passed by the learned Sessions Judge, Nagapattinam, in Criminal Revision Petition No.29 of 2008, dated 29.04.2009 modifying the order of the learned Judicial Magistrate No.I, Mayiladuthurai, in M.C.No....

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Apr 25 2014

1.P.Swaminathan Vs. 1.M.Chidambaram

Court: Chennai

Decided on: Apr-25-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.04.2014 CORAM : THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN A.S.Nos.184 and 185 of 1991 A.S.No.184 of 1991:- 1.P.Swaminathan 2.S.Ramaraj 3.S.Loganathan 4.S.Palanivelu :Appellants/Defendants 4 to 7 versus 1.M.Chidambaram : 1st respondent/plaintiff 2.D.Mohanraj 3.M.R.Lakshmanan (died) 4.M.S.Venkateswaran 5.Minor Ananthakrishnan rep by Court Guardian Mr.R.M.Babu Advocate, Salem. 6.Minor Rajendran rep by Court Guardian Mr.R.M.Babu Advocate, Salem. 7.Visweswaran 8.Varadammal 9.Mallika (died) 10.Kalyani 11.Minor Durga 12.MUthsami Chettiar 13.Mrs.L.Subburathinam 14.L.Malarraj 15.L.Ramalingam 16.Rajaramalingam 17.L.Lakshmanasundaram [RR13 to RR17 are brought on record as Lrs of the deceased 3rd respondent, as per the order of this court dated.28.08.2003 made in CMP.No.1403 to 1405/1999].: Appeal Suit filed under Section 96 of CPC against the Judgment and decree, dated 13.12.1989 passed in Original Suit No.777 of 1982 the Principal Sub Court, Sal...

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Apr 25 2014

K.R.Palanisamy Vs. Institute of Road Transport

Court: Chennai

Decided on: Apr-25-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :25. 04.2014 CORAM THE HONOURABLE Mr. JUSTICE M. VENUGOPAL W.P.No.19334 of 2004 and WPMP No.875 of 2007 K.R.Palanisamy ... Petitioner Vs 1. The Director, Institute of Road Transport, Taramani, Chennai 600 113.2. The Principal, Institute of Road Transport Technology, Erode, Periyar District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a writ of Certiorarified Mandamus, to call for the entire records of the Respondent pertaining to the 2nd Respondent's Letter dt.26.09.2000 under his Reference: IRTT/ADI/EST4/TS/2000 and quash the same and directing the Respondents to refix the Scale of Pay of the Petitioner in accordance with the Scale of Pay as fixed by the AICTE time to time for the post of Physical Director with effect from 01.01.1986 and also pay the arrears of the Petitioner's Salary calculated on that basis from 01.01.1986 upto date. For Petitioner : Mr.R.Kannan For Respondents : Mrs....

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Apr 25 2014

N.S.Nanjundasamy Vs. V.Nanjundasamy

Court: Chennai

Decided on: Apr-25-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :25. 4-2014 CORAM : THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN A.S.No.35 of 1995 and C.M.P.Nos.484 to 488 of 2011 and 708 and 832 of 2013 1. N.S.Nanjundasamy(died) 2. Kulandaivadivel .. Appellant/Defendant (2nd appellant brought on record as L.R. of the first appellant as per order made in C.M.P.Nos.486 to 488 of 2011 dated ..... ) Vs.1. V.Nanjundasamy 2. K.Navaneethan 3. K.Veeramuthu 4. K.Selvaraj ... Respondents/Plaintiffs 1 to 4 Prayer:- Appeal Suit filed under Section 70(2) of Hindu Religious and Charitable Endowment Act against the judgment and decree in O.S.No.264 of 89, on the file of the Sub-Court, Udumalpet, dated 21.04.94. For Appellant : Mr.C.Chinnasamy Senior Counsel for Mrs.Hajamohideen Gisthi For Respondents : Mr.S.Kadarkarai for R.2 to R.4 * * * * * JUDGMENT The defendant in O.S.No.264 of 1989, on the file of the Subordinate Court, Udumalpet is the appellant. The respondents filed a suit for framing a scheme pursuant to the p...

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Apr 25 2014

1.Sarojini Vs. 1.Monikantan

Court: Chennai

Decided on: Apr-25-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2014 CORAM: THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P.PD.(MD).No.1340 of 2008 and M.P.(Md.No.1 of 2008 1.Sarojini President, Arulmighu Sudalaimadan Kovil cum Mutharamman Kovil. 2.Mohandhas Secretary, Arulmighu Sudalaimadan Kovil cum Mutharamman Kovil. 3.Nallasivam, Treasurer,Arulmighu Sudalaimadan Kovil cum Mutharamman Kovil..Petitioners versus 1.Monikantan 2.Rajendran 3.Kasthuri ..Respondents Civil Revision Petition under Article 227 of the Constitution of India, against the order and decreetal order dated 24.04.2008 in I.A.No.80 of 2007 in O.S.No.8 of 2007 on the file of the Court of the Principal District Munsif cum Judicial Magistrate, Eraniel. !For Petitioners : Mr.K.N.Thampi ^For Respondents : Mr.C.K.M.Appaji for R1 R2 and R3 given up :ORDER This revision is filed against the order made in I.A.No.80 of 20076 in O.S.No.8 of 2007 passed by the learned District Munsif cum Judicial Magistrate, Eraniel. 2.The petitione...

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Apr 25 2014

Rajeev Sawhney Vs. the Inspector of Police

Court: Chennai

Decided on: Apr-25-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:25. 04.2014 CORAM THE HONOURABLE MR.JUSTICE P.DEVADASS Crl.O.P.No.8859 of 2014 RAJEEV SAWHNEY S/O.LATE W.N.SAWHNEY, C-64 DIAMOND DISTRICT, AIRPORT ROAD, BANGALORE. ..PETITIONER Vs THE INSPECTOR OF POLICE CYBER CRIME WING, CENTRAL CRIME BRACH, CRIME NO.191 OF2008 EGMORE, CHENNAI. ..RESPONDENTS For Petitioner : N.MANOKARAN For Respondents : PUBLIC PROSECUTOR Crl.O.P.No.8859 of 2014 P.DEVADASS, J.Petition for anticipatory bail.2. Offences alleged are under Sections 465, 468, 469 and 471 of IPC.3. Petitioner is A-1.4. According to Mr.B.Kumar, learned Senior Counsel appearing for Mr.N.Manokaran, for petitioner/A1, as between the petitioner and the defacto complainant's company difference arose in executing a share purchase agreement executed with respect to petitioner's company. Strained relationship arose between both sides. It is a business dispute. It is also a money dispute.5. The learned Senior Counsel appearing for the petitioner also su...

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