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Chennai Court November 2015 Judgments

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Nov 24 2015

A. Ramachandran Vs. The State Transport Appellate Tribunal, Chennai an ...

Court: Chennai

Decided on: Nov-24-2015

(Prayer: This Writ Petition is filed to issue a Writ of Certiorari, to call for the records in M.V.Appeal No.77 of 2013, dated 9.3.2015, confirming the order of the 2nd Respondent in R.No.A1/334/2013, dated 2.5.2013, rejecting the application for replacement of existing vehicles with higher seating capacity of other vehicles as not admissible and to quash the same.) 1. The Petitioner has challenged the impugned order of the 1st Respondent, thereby confirming the order of the 2nd Respondent, rejecting the request of the Petitioner for replacement of existing vehicles with higher seating capacity. 2. The case of the Petitioner is that the Petitioner was issued with two mini stage carriage permits, bearing TN 25 A 0238 and TN 29 N 0011 during 1992 with seating capacity of 27 in all to provide transport facilities to the people, who are living in Jawadhu Hills Area, by the 2nd Respondent. The Petitioner applied for replacement of the said two mini stage carriages with seating capacity of 5...


Nov 24 2015

Sheik Mohammed Rafique Ahmed Vs. The Joint/ Additional Commissioner of ...

Court: Chennai

Decided on: Nov-24-2015

(Prayer: This Writ Petition is filed to issue a Writ of Mandamus, directing the Respondent to release the imported sized goods under mahazar dated, 7.9.2014, pending adjudication proceedings and in terms of Section 110A of the Customs Act, 1962.) 1. In this Writ Petition, the Petitioner prayed for a direction to the Respondent to release the seized imported goods under the mahazar dated 7.9.2014. 2. The case of the Petitioner is that he is a native of Nasik, Maharashtra. The Petitioner returned from Sharjah to Chennai via Trivandrum by Air India Flight on 7.9.2014. The Petitioner was carrying with him, gold chains of 18 carat, two bangles of 24 carat purity, 12 kg of saffron, RMD kutka, Gudang Garam Cigarette cartons, perfumes and two samsung mobiles. At Trivandrum, the Officer of the Directorate of Revenue Intelligence, Trivandrum conducted a search in the baggages of the Petitioner. Thereafter, at Chennai Airport, the said goods were seized under mahazar dated 7.9.2014 on the ground ...


Nov 24 2015

Chennaiyan Vs. The State rep. by The Inspector of Police Pochampalli P ...

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 23.08.2013 made in S.C.No.3 of 2012 on the file of the learned Additional District and Sessions Judge, Krishnagiri, Krishnagiri District.) S. Tamilvanan, J. 1. The criminal appeal has been preferred against the conviction and sentence imposed by Judgment, dated 23.08.2013 made in S.C.No.3 of 2012 on the file of the learned Additional District and Sessions Judge, Krishnagiri, Krishnagiri District. 2. It is seen that the appellant is the sole accused and he was convicted under Section 302 IPC (4 counts) and sentenced to undergo life imprisonment for each counts and also imposed a fine of Rs.1,000/- and in default to undergo Rigorous Imprisonment for three years; under Section 307 IPC (4 counts) and sentenced to undergo 5 years Rigorous Imprisonment for each counts and also imposed a fine of Rs.500/- and in default to undergo Rigorous Imprisonment for two years. 3. As per the...


Nov 24 2015

K. Mani Vs. State of Tamil Nadu rep. by District Collector, Madurai Di ...

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 directing the respondents to give drinking water supply connection to the petitioner's house.) 1. Petitioner seeks for a Mandamus directing the respondents to give water supply connection to his house. 2. It appears from the proceedings of the Block Development Officer, Melur Panchayat Union, that because of shortage of water supply, the provision of water supply connection was stopped. 3. Considering the change of circumstances as exist today, I do not thing that the very same reason is available to the authorities in delaying the provision of water supply connection to the petitioner's house. Therefore, they have to consider his claim and take necessary steps to provide the water supply connection, if otherwise, he is entitled to such facilities. Accordingly, this writ petition is disposed of by directing the President, S.Kallampatti Village Panchayat to consider the request of the...


Nov 24 2015

J.D. Impex, represented by its Proprietor Dhanish Jain, Chennai Vs. Th ...

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 to direct the Respondent to pay the Petitioner the market value of the goods imported vide Bill of Entry 378482 dated 2.2.2002, namely, 12 packages of Halogen Lamps, weighing 125 Kgs, along with duty amount paid with interest at 15% p.a. 2. The case of the Petitioner is as follows:- a. The Petitioner Firm is a registered importer and exporter of various goods, under the DGFT, Ministry of Commerce, Government of India. The Petitioner entered into a contract with M/s.United Trading Corporation, Honk Kong for the supply of 6000 pieces of halogen lamps in 12 cartons of China Origin, to the tune of USD 695, to be shipped by AIR. On 26.1.2002, the goods were made from Shanghai to Chennai and the goods arrived at Chennai Airport on 2.2.2002. Since the delivery order was misplaced, there was a delay in processing the ...


Nov 24 2015

M/s. Ramesh Conductors P. Limited and Others Vs. M and SE Facilitation ...

Court: Chennai

Decided on: Nov-24-2015

(Prayer: These Writ Petitions are filed under Article 226 of the Constitution of India, for the relief as stated therein.) Common Order 1. The Writ Petitions are filed to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st Respondent, in Order Nos.MandSEFC/CBER/22/2015, MandSEFC/CBER/23/2015, MandSEFC/CBER/25/ 2015, MandSEFC/CBER/21/2015, MandSEFC/CBER/24/2015, MandSEFC/CBER/20/ 2015 dated 17.02.2015 and quash the same and to direct the 1st Respondent to refer the claims, dated 27.09.2013, 22.11.2013 of the Petitioners respectively, to Arbitration in accordance with the provisions of Section 18(3) of the MSMED Act. 2. The case of the Petitioners is as follows:- a. The petitioner a Micro, Small and Medium Enterprise and is governed by the Micro, Small and Medium Enterprises Development Act, 2006 (herein after called as the MSMED Act), which was enacted with a view to provide for facilitating the promotion, development and for enhancing the competitiveness of Micr...


Nov 24 2015

M/s. Astra Medical Vs. The Assistant Commissioner (CT) Valuvarkottam A ...

Court: Chennai

Decided on: Nov-24-2015

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the Respondent in TIN 33241502247, dated 29.10.2014 and to quash the same and to direct the respondent to restore the sale tax registration under TNVAT and CST Acts and provide an opportunity of personal hearing.) The Petitioner has challenged the proceedings of the 2nd respondent dated 29.10.2014, cancelling VAT Registration with TIN 33241502247 of the Petitioner. 2. The Petitioner is a registered dealer under the Tamil Nadu Value Added Tax Act 2006 and the CST Act 1956, holding TIN 33241502247. The Petitioner is dealer in Hearing Aid and its parts, which are exempted commodities under the Tamil Nadu Value Added Tax Act, 2006. The Petitioner filed annual returns for each year till March 2014, showing exemption of the products. The Petitioner did not avail any input tax credit or collected any sales tax during the course of the busine...


Nov 24 2015

G. Saravanan Vs. The District Collector, Vellore and Others

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 Certiorari, to call for the records on the file of the 6th Respondent in Rc.No.10127/MM9/2014, dated 26.2.2015 and to quash the same. 2. The case of the Petitioner is as follows:- a. The petitioner is the owner of the land comprised in S.No.63/1, Nagal Village, Katpadi Taluk, Vellore District to an extent of 0.80.0 hectares. He purchased the said land from one Mrs.Narayanammal and Mr.Magendiran vide a registered Sale deed dated 2.5.2011 under Document No.1340/1 in the office of the Sub Registrar, K.V. Kuppam. Ever since from the date of purchase, the petitioner is in absolute possession and enjoyment of the property without any hindrance whatsoever. On 23.01.2013, the petitioner made an application to the 1st respondent, seeking permission/licence to carry on quarry business in his patta lands stated supra. The 1st re...


Nov 24 2015

P. Murugesan Vs. The District Collector, Trichy 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 Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 4th respondent in his proceedings in ( Tamil ?) 01.08.2015 and quash the same consequently, direct the 4th respondent herein to provide electricity connection with in stipulated time fixed by this Court.) 1. The petitioner is aggrieved against the proceedings of the fourth respondent, dated 01.08.2015, and consequently, sought for a direction to the fourth respondent to provide electricity connection. Through the impugned proceedings, the petitioner was called upon to produce documents and FMB showing pathway to his property, so that the electricity service connection can be given to such property. 2. After notice, this matter is taken for hearing today. 3. The learned standing counsel for the TANGEDCO submitted that pursuant to the impugned proceedings, dated 01.08.2015, consequential final order i...


Nov 24 2015

M/s. Transstroy Shallow Draught Berth Port P.Ltd. Vs. The Board of Tru ...

Court: Chennai Madurai

Decided on: Nov-24-2015

(Prayer: W.P.(MD).No.15791 of 2015:-Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from proceeding further in any manner by taking coercive steps including encashment of Bank guarnatee, termination of contract dated 17.04.2013 unless and until the reply dated 29.06.2015 to the show cause notice dated 28.04.2015 is considered. W.P.(MD).No.16510 of 2015:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the file of the third respondent in E(C)/F.79/SDB-Cement/QS/2015/D.3131 dated 31.08.2015 and quash the same as illegal, ultra vires, unconstitutional and against principles of natural justice and consequence, direct the respondents 1 and 2 to grant additional time after acknowledging and counter signing in the prescribed format sent by the petitioner with regard to the taking over the physical possession of project site/port ass...


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