Chennai Court November 2015 Judgments
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M/s.J.K.S. Air Travels, represented by its Proprietor Vs. The Chief Co ...
Court: Chennai
Decided on: Nov-24-2015
(Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, for the relief as stated therein.) 1. This Writ Petition is filed to issue a Writ of Mandamus, directing the Respondents to return a sum of Rs.7,00,000/- seized on 24.06.2014 from the office premises of the Petitioner at 59A, Akbar Sahib Street, Triplicane, Chennai 600005, by giving effect to the order passed by the 3rd Respondent in Order-in-Original No.58, dated 30.04.2015. 2. The case of the Petitioner is as follows:- a. The Petitioner is a Proprietorship Concern, registered with Small Scale Industries, bearing No.3300221100524 and carrying on the business of air ticketing, organizing tours and travels. The Petitioner borrowed a sum of Rs.10,00,000/- for interest as hand loan from the friends by giving money Bond and post dated cheques. Out of the said sum, Rs.3,00,000/- was spent towards rental advance and infrastructural works. On 24.6.2014, when the Manager was present in the Office, four invest...
M. Stephen Sahayaprasad Vs. The Principal Incharge, Kamaraj Polytechni ...
Court: Chennai Madurai
Decided on: Nov-24-2015
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to pay the subsistence allowance to the petitioner for the months of May, June and July 2014 and consequently every month regularly 75% of Salary of subsistence allowance pending suspension of the petitioner.) 1. The petitioner was Head of Department in Civil Engineering in Kamaraj Polytechnic College, Palavilai, Kanyakumari District. He was suspended from service by order dated 10.10.2013 by the said College on the ground that a criminal case is pending against the petitioner. 2. The grievance of the petitioner is that he was paid subsistence allowance upto May 2014 and he was not paid subsistence allowance from June 2014 till date. Hence, he has filed this writ petition seeking for direction to pay subsistence allowance in accordance with law. 3. Counter affidavit is filed stating that the petitioner did not conduct himself in a proper ...
Nagalingam Vs. The District Collector, Sivagangai District, Sivagangai ...
Court: Chennai Madurai
Decided on: Nov-24-2015
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to consider the petitioner's representation dated 22.06.2015 and consequently direct the 3rd respondent to cancel the order of Green House Scheme in Survey No.268/1 in Nanamadai village, Akkavayal Panchayat, Ilayankudi Taluk, Sivagangai District.) In view of the order passed on 10.08.2015 cancelling the work order for Green House Scheme, the prayer sought for in this writ petition has become infructuous. Accordingly, this writ petition is dismissed as infructuous. No costs....
M/s. SRC Projects (P) Limited represented by its Chief Executive and M ...
Court: Chennai
Decided on: Nov-24-2015
(Prayer:- These Writ Petitions are filed to issue a Writ of Certiorarified Mandamus to call for the records on the file of the 1st Respondent in TIN 33742661801/2011-12, TIN 33742661801/2012-13 and TIN 33742661801/ 2013-14, and to quash the impugned order dated 11.09.2015 and to direct the 1st Respondent to allow Input Tax Credit on the JCB Excavators spares (excavators and front end loaders).) 1. The proceedings of the 1st Respondent in TIN 33742661801/2011-12, TIN 33742661801/2012-13 and TIN 33742661801/ 2013-14, dated 11.09.2015, reversing the Input Tax Credit availed and levying penalty, have been challenged in these Writ Petitions. 2. The case of the Petitioner is as follows:- a. The Petitioner is a registered dealer under the Tamil Nadu General Sales Tax Act, 1959 and is engaged in the business of construction activities. The Petitioner was granted quarry lease for a period of 10 years by proceedings dated 22.02.2008 for an extent of 5.00 hectares, which is a Government poramboke...
M. Stephen Sahayaprasad Vs. The Principal Incharge, Kamaraj Polytechni ...
Court: Chennai Madurai
Decided on: Nov-24-2015
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondent from proceeding with the disciplinary proceedings in pursuant to the charge memo bearing No.NMSKP-A1-00839-2013 issued by the respondent to the petitioner pending criminal case in Crime No.77 of 2013.) 1. The learned counsel appearing for the petitioner seeks permission of this Court to withdraw the writ petition and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. No costs. Consequently, connected M.P.(MD) No.1 of 2013 is also dismissed....
Sakthivel Vs. State, Rep. by the Inspector of Police, Thevoor Police S ...
Court: Chennai
Decided on: Nov-24-2015
(Prayer: Criminal Appeal filed under Section 374 (2) of the Code of Criminal Procedure, against the Judgment of the learned Additional District Sessions Judge, Fast Track Court No.I, Salem, Salem District made in S.C.No.159 of 2009 dated 02.02.2011.) Dr. S. Tamilvanan, J. 1. The Criminal Appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, by the appellant / A1 against the judgment of conviction, dated 02.02.2011 made in S.C.No.159 of 2009 on the file of the Additional District Sessions Judge, Fast Track Court No.I, Salem.2. The appellant / A1 stands convicted and sentenced by the learned Judge thus:- ad>Sl.No.Conviction under SectionSentence of imprisonment1.U/s.120-B and 302 of IPCRigorous Imprisonment for life together with a fine of Rs.100/- with a default sentence of 3 months rigorous imprisonment under each charge.2.Under Section 379 of IPCRigorous imprisonment for a period of three years All the sentences were ordered to run concurrently. 3.The case...
Malairaj Vs. The District Collector, Sivagangai District and Others
Court: Chennai Madurai
Decided on: Nov-24-2015
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the impugned order dated 10.08.2015 vide Ref.Na.Ka.No.A7/2906/15 issued by the 4th respondent, and quash the same.) 1. This writ petition is filed challenging the order dated 10.08.2015 passed by the fourth respondent, wherein and whereby, the work order for Solar Power Green House Scheme issued to the petitioner is cancelled on the reason that the fifth respondent herein has filed W.P(MD)No.12999 of 2015 before this Court seeking for cancellation of such order and the said writ petition is pending. 2. Mrs.N.Krishnaveni, learned counsel appearing for the petitioner submitted that the impugned order, apart from suffering on the ground of violation of principles of natural justice, has also been passed in total non-application of mind, in view of the fact that this Court in other writ petition has not passed any preventive order and only issued not...
P. Raju Vs. The Management of Tamil Nadu State Transport Corporation ( ...
Court: Chennai Madurai
Decided on: Nov-24-2015
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to provide the petitioner a suitable alternative employment with pay protection, continuity of service and wages from 25.04.2012 and all other attendant benefits in accordance with Section 47(1) of the persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.) 1. Since the matter has arisen under Section 47 of the persons with Disabilities (Equal Opportunities, Protection of Right and Full Participation) Act, 1995 and this Court and Apex Court have passed various orders, issuing direction to give alternative employment in terms of the aforesaid Act, the writ petition is taken up for final disposal. 2. At the time of hearing, the learned counsel for the respondent filed the counter stating that the petitioner was given employment as Helper by proceedings dated 22.09.2012 vide ref.No.TNSTC/Kum/PDK/P1/150...
The Director of School Education, College Road, Chennai and Others Vs. ...
Court: Chennai
Decided on: Nov-24-2015
(Prayer: This Writ Appeal is preferred under Clause 15 of Letters Patent against the order of this Court dated 01.09.2014 passed in W.P.No.17121 of 2013.) Dr. P. Devadass, J. As only a narrow point is involved in this writ appeal, we shall dispose it of at the admission stage. 2. This writ appeal arises out of the orders passed by the Writ Court in W.P.No.17121 of 2013 on 1.9.2014. The official respondents 1 to 3 in the said writ petition are the appellants herein. 3. St. Anne's Girls Higher Secondary School, Cuddalore (4th respondent in W.P.) is a Minority Aided School. Three non-teaching post of Junior Assistants have been sanctioned to the said school. On administrative ground, one of the Junior Assistant, namely, Sister Alankaramary was transferred to some other school. Consequently, one post of Junior Assistant fell vacant. On 21.1.2004, Sister Siriya Pushpam, who was then working as a Junior Assistant in St.Philomenas Girls High School, a Self-Aided School in Cuddalore O.T. was a...
Periyasamy Vs. State rep. by Inspector of Police Velur Police Station
Court: Chennai
Decided on: Nov-24-2015
(Prayer: Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, against the Judgment, dated 27.07.2012 made in S.C.No.88 of 2011 on the file of the learned Principal Sessions Judge, Namakkal.) S. Tamilvanan, J. 1. The criminal appeal has been preferred against the conviction and sentence imposed by Judgment, dated 27.07.2012 made in S.C.No.88 of 2011 on the file of the Principal Sessions Judge, Namakkal. 2. It is seen that the appellant is the sole accused and he was convicted under Section 302 IPC and sentenced to undergo life imprisonment and also imposed a fine of Rs.10,000/- and in default to undergo Imprisonment for one year; under Section 324 IPC (2 counts) and sentenced to undergo Imprisonment for one year for each count and also imposed a fine of Rs.5,000/- for each count and in default to undergo Imprisonment for a period of 6 months for each count. 3. As per the prosecution case, the accused is the elder son of witness Palanichamy (PW1), the defacto com...
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