Chennai Court December 2015 Judgments
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R. Sujatha Vs. The Director of Social Welfare, Directorate of Social W ...
Court: Chennai Madurai
Decided on: Dec-02-2015
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, by calling for the records of the 1st Respondent in Proceedings No.O.MU.NO.17472/NIR - 4(3)/2007 dated 19.04.2007, which resulted in the issuance of the communication of the 2nd respondent in Na.Ka.No.A1/11725/2012 dated 06.03.2015 and quash the same and direct the respondents by providing employment in a suitable post to the petitioner herein on compassionate grounds under the department of the respondents.) 1. The mother of the petitioner was working as a Village Welfare Officer (Women) in Kurivikulam Panchayat and she died on 26.01.2005, while in service, leaving her husband and her daughter/petitioner as legal heirs. Since the husband of the deceased Government servant attained the age of 58 years, he made a claim for compassionate appointment to his only daughter/petitioner herein. 2. However, the aforesaid application for compassionate appointment was...
Rengasubramanian Vs. The Principal Accountant General, Chennai and Oth ...
Court: Chennai Madurai
Decided on: Dec-02-2015
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 herein not to disburse the monthly family pension amount or any other retirement benefits vide PPO No.C128654/EDP dated 13.05.2013, through the 5th respondent payavle to the deceased A.Nallusamy, S/o.Alagar Maniam who was employed as Headmaster in Panchayat Union Elementary School situated at T.Thulukkampatti, Kumaravadi Village, Manapparai Taluk, Trichy District to the 7th respondent herein and consequently direct the respondents 1 to 5 to recover the family pension amounts already paid to the 7th respondent.) 1. Heard both sides. 2. The learned counsel for the petitioner submits that the petitioner is the brother's son of the deceased Government servant viz., A.Nallusamy, who was employed as Headmaster in Panchayat Union Elementary School situated at T.Thulukkanpatti, Kumaravadi Village, Manapparai Taluk, Trichy District. 3. According to...
The Director of Matriculation Schools, DPI Campus, Chennai and Another ...
Court: Chennai Madurai
Decided on: Dec-02-2015
(Prayer: Petition filed under Clause 15 of Letters Patent praying to set aside the order dated 28.07.2015 made in W.P(MD)No.13152 of 2015.) V. Ramasubramanian, J. 1. This Writ Appeal is filed by the Director of Matriculation Schools, Challenging the order passed by the learned Judge, directing the appellant to grant recognition to the respondent School, without insisting on approval of building plan from the Directorate of Town and Country Planning. 2. Heard Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the appellant. Mr.Seeni Sulthan, learned Counsel takes notice for the respondent. 3. The respondent herein obtained approval for the construction of a School building from the Aruppukottai Municipality and along with approved building plan, structural stability Certificate issued by the competent authority, 'No Objection Certificate' issued by the Tamil Nadu Fire and Rescue Department as well as the sanitary Certificate issued by the Municipality, the respondent...
Dr. G. Sundhar Krishnan Vs. The Principal Secretary to Government, Hou ...
Court: Chennai
Decided on: Dec-02-2015
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus to call for the records passed by the first respondent in G.O.Ms.No.84, Housing and Urban Land Development Department (UD3-2), dated 17.05.2011 and G.O.Ms.No.37, Housing and Urban Land Development Department (UD-3-2), dated 21.02.2012 and the Notifications published in the Government Gazette on 17.05.2011 and 21.02.2012 on the file of the respondents 1 to 3 herein in respect of the property at Door No.4, 21st Street, Balaji Nagar Extension, Madipakkam, Chennai, measuring an extent of 1 ground 1973 sq.ft. (4373 sq.ft) comprised in New Survey No.26/13A2 and Old Survey No.25/9A2, corresponding to Old Survey No.26/13C of Madipakkam Village, Tambaram Taluk, Kanchipuram District (presently Sholingnallur Taluk) and to quash the same and consequently forbear the respondents from proceeding in any manner further based on the alleged acquisition proceedings.) 1. The petitioner has su...
Periyasamy Vs. The Joint Director, (Higher Secondary), Director of Sch ...
Court: Chennai Madurai
Decided on: Dec-02-2015
(Prayer: Writ Petitions filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus calling for the records of the first respondent in Na.Ka.No.06421/W3/E3/09 dated 08.09.2009 and quash the same as arbitrary, capricious, illegal and violation of principles of natural justice and further directing the respondents to permit the petitioner to continue the same post and grant such orders.) 1. The learned Counsel for the petitioner seeks permission of this Court to withdraw this Writ Petition. He has also made an endorsement to that effect apart from submitting a letter to the Registry seeking withdrawal of this writ petition. 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 miscellaneous petition is closed....
V. Subramanian Vs. The Principal Secretary to the Government, Chennai ...
Court: Chennai Madurai
Decided on: Dec-02-2015
(Prayer: Writ Petitions filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus calling for the records relating to the impugned Government order of the 1st respondent in G.O.Ms.No.22 dated 24.2.2014 and consequent impugned order of 3rd respondent no. Nir-4/15020/2014 dated 2.7.2014 rejecting the inclusion of petitioner's name in the second panel and the impugned order of punishment of the 3rd respondent in proceeding order No.O.Na.2/16005/2010 dated 18.10.2011 and confirmed in appeal by the 2nd respondent in G.O.(D) no.700 dated 31.12.2013 quash the same as ultra vires and illegal and consequently direct the respondents herein to include the name of the petitioner in the panel dated 1.9.2013 with seniority and promote the petitioner as Deputy Director of Employment Exchange as per his seniority and on merit basis with due approval by the first respondent on par with his juniors as per the law laid down in the judgmentreported in 2011(3)CTC 129 c...
CADD Centre Vs. Assistant Commissioner of Income-tax, City Circle -II ...
Court: Chennai
Decided on: Dec-01-2015
S. Vimala, J. 1. When a Firm is succeeded by a Company, with no change either in the number of members or in the value of assets, with no dissolution of the Firm and no distribution of Assets, with change in legal status alone, whether there is a "transfer" as contemplated under Section 2(47) and Section 45(4) of the Income Tax Act and whether the Assessee is liable to be taxed, are the issues canvassed in this case. 1.1 Under Part IX of the Companies Act, when a Partnership Firm is treated as a Limited Company, the properties of the erstwhile firm vests in the Limited Company. The question is whether such vesting stands covered by the expression 'transfer by way of distribution' under Section 45(4) of the Act? 1.2 Whether the expression "otherwise" occurring in section 45 of the Income Tax Act has to be read "ejusdem generis" with the expression "dissolution of a firm or body or association of persons" or it has to be read with the word "transfer of capital assets" by way of distribut...
D. Jaganathan Vs. D. Damodharan
Court: Chennai
Decided on: Dec-01-2015
(Prayer: This second appeal has been filed under Section 100 C.P.C., against the judgment and decree dated 16.09.2014 passed in A.S.No.236 of 2010 on the file of the I Additional District Judge, City Civil Court, Chennai, whereby confirming the Judgment and Decree dated 30.06.2009 passed in O.S.No.5114 of 2002 on the file of the III Assistant Judge, City Civil Court, Chennai.) 1. The defendant in O.S.No.5114 of 2002 on the file of the learned III Assistant Judge, City Civil Court, Chennai is the appellant and the respondent herein is the sole plaintiff in the suit. The said suit was filed for declaration that the defendant is a trespasser into the suit property, for a direction to the defendant to quit and deliver vacant possession of the suit property to the plaintiff and for a direction to the defendant to pay a sum of Rs.28,000/- towards damages for unlawful use and occupation of the suit property from 08.05.2000 and also for permanent injunction to restrain the defendant from alien...
Indian Airports Kamgar Union (Regd.No.3950), Rep., by its General Secr ...
Court: Chennai
Decided on: Dec-01-2015
(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, to forbear the respondents from giving effect to the order of transfer dated 22.09.2014 bearing AAI/SR/2-2(7)/EA issued by the second respondent and the order dated 20/23.03.2015, bearing AAI/SR/2-2(7)/EA issued by the third respondent in so far as transferring G.Venkataswamy, Senior Superintendent (Fire Service) from Chennai Airport to Tirupati Airport, who is the Branch Secretary of the petitioner Union at Chennai Airport, without getting prior permission from the fourth respondent under Section 33 of the Industrial Disputes Act, 1947, in the Industrial Disputes raised by the petitioner Union which is pending as I.D.No.19 of 2015. 1. The petitioner is a Trade Union registered under the provisions of the Trade Unions Act, 1926, consisting of members who are employees in the respondent organisation. 2. The prayer sought for in the Writ Petition is for issuance of a Writ of Mandamus...
Senbagavalli and Others Vs. Senbagadevi
Court: Chennai Madurai
Decided on: Dec-01-2015
(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records relating to M.C.No.29 of 2015 on the file of the Judicial Magistrate No.I, Thanjavur filed by the respondent under Section 12 of Protection of Women from Domestic Violence Act, 2005 and quash the same insofar as the petitioners alone.) 1. The petitioners have come forward with this petition seeking to quash the proceedings in M.C.No.29 of 2015 on the file of the Judicial Magistrate No.I, Thanjavur filed by the respondent under Section 12 of Protection of Women from Domestic Violence Act, 2005. 2. The first petitioner is the mother-in-law of the respondent and 2nd and 3rd petitioners are the brothers-in-law of the respondent. The husband of the respondent/de-facto complainant is not before this Court. 3. Admittedly, the Domestic Violence case in M.C.No. 29/2015 on the file of the Judicial Magistrate, No.I, Thanjavur, which has been filed for the offences under Sections 12, 17, 18, ...
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