Chennai Court January 2016 Judgments
M. Rajamanickam Vs. The State of Tamil Nadu, Rep. by its Secretary, Ed ...
Court: Chennai
Decided on: Jan-21-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the third respondent in his proceedings in Na.Ka.No.2999/A3/2002, dated 29.11.2007, quash the same and direct the respondents to reinstate the petitioner by allowing him to retire on superannuation with effect from 31.08.2007 with all retirement and pensionary benefits.) 1. The petitioner has submitted that he joined the Tamil Nadu Educational Department on 03.10.1969. Thereafter, he was promoted as Headmaster and transferred and worked as Headmaster at Sukkuranda Alli (Kalliyur) Panchayat Union Elementary School from 16.03.1999. While so, the petitioner was charged under Rule 17B of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and suspended from service on 28.08.2007 at the verge of his retirement on 31.08.2007. The charges levelled against him are that, the petitioner abetted for the misappropriatio...
Tag this Judgment!The Managing Director (previously the Special Officer), The Madurantha ...
Court: Chennai
Decided on: Jan-21-2016
(Common Prayer :-Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus to call for the records culminating in the order of the first respondent dated 12.06.2013, made in P.G.A.Nos.9 and 10 of 2012, P.G.A.No.13 to 22 of 2012, P.G.A.No.24 to 26 of 2012, P.G.A.No.11 of 2012, P.G.A.No.27 to 33 of 2012 on the file of the first respondent herein, quash the same and consequently direct refund of the gratuity deposited by the Management to the credit of P.G.Nos.88/08 and 91/08, P.G.Nos.140, 142, 143/2008, 327, 328, 329, 330, 332 334 and 339 of 2009, P.G.Nos.87,89,90 of 2008, P.G.A.No.95 of 2008 and P.G.Nos.93, 94 of 2008 and 331, 333, 335, 336 and 337 of 2009.) Common Order 1. The petitioner is the Management of the Maduranthagam Cooperative Sugar Mills Ltd., and the challenge in these Writ Petitions are to orders passed by the authorities under the provisions of the Payment of Gratuity Act, 1972(hereinafter referred to as the 'Act'). 2....
Tag this Judgment!Tvl. Dhanaselvi Enterprises Vs. The Commercial Tax Officer, Tambaram A ...
Court: Chennai
Decided on: Jan-21-2016
(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent Act against the order passed by this Court in W.P.No.21005 of 2015 dated 15.07.2015.) S. Vimala, J. 1. The Appellant/petitioner is a whole-sale dealer in cements and a registered dealer under the Tamil Nadu Value Added Tax Act as well as under the Central Sales Tax Act. The petitioner is an assessee on the file of the respondent. 2. In the Cement Industry, various types of incentives/discount are offered by the Companies to their dealers, with a purpose behind it, i.e. with a view to promote the business, aiming for higher profit, at the same time, not affecting the value of the cements. 3. The respondent issued pre-assessment notice, dated 30.04.2015, proposing to tax the discounts offered by the Cement Companies. The Assessee filed objections to the proposal on 22.05.2015. The Respondent relying on Section 19(20) of the TNVAT Act had proposed to levy tax on the said discounts. The respondent has passed an order dated 29...
Tag this Judgment!S. Rathinavelu and Others Vs. State rep. by the Inspector of Police, C ...
Court: Chennai
Decided on: Jan-21-2016
(Prayer: Criminal Revision Cases filed under Section 397 and 401, Cr.P.C., to call for the records and set aside the order passed in Crl.R.C.Nos.137 and 138 of 2011 dated 15-11-2012 on the file of the III Additional City Civil Court and Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973 to call for the records and set aside the order dated 15-11-2012 passed in Crl.R.C.No.69 of 2012 on the file of the III Additional City Civil Court in Crl.M.P.No.1515 of 2011 in C.C.No.1578 of 2009 on the file of hte Additional Chief Metropolitan Magistrate at Egmore.) Common Order 1. These criminal revision cases and criminal original petition have been preferred against the orders passed in Crl.R.C.Nos.137 and 138 of 2011 and 69 of 2012 by the Additional City Civil Court, Chennai. 2. The petitioner in Crl.O.P.No.853 of 2013, as petitioner has filed Crl.M.P.No.1515 of 2011; the revision petitioner in Crl.R.C.No.28 of 2013, as petitioner has filed Crl.M.P.No.1439 ...
Tag this Judgment!The State of Tamil Nadu, Rep. by the Secretary to Government, Educatio ...
Court: Chennai
Decided on: Jan-21-2016
(Prayer: Petition filed under Section 5 of Limitation Act to condone the delay of 726 days in filing the W.A.SR No.70637 of 2014 against the order dated 23.7.2012 made in W.P.No.5519 of 2005 on the file of this Court.) Dr. P. Devadass, J. 1. The Official respondents in WP No.5519 of 2005 seek condonation of delay of 726 days caused in preferring the Writ Appeal as against the order of the Writ Court dated 23.7.2012. 2. The learned Government Advocate, referred to the reasons stated in the affidavit filed by the second petitioner, submitted that the delay occurred is not willful and an opportunity may be given to the Government. 3. The respondent/writ petitioner filed counter opposing the prayer of the petitioner. The learned counsel for the respondent/writ petitioner submitted that no satisfactory and acceptable reasons have been stated to condone the enormous delay and the motive of this petition is just to delay the matter further. 4. We have anxiously considered the rival submission...
Tag this Judgment!The Management of The Tamil Nadu Handloom Weavers Co-operative Society ...
Court: Chennai
Decided on: Jan-21-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for the records of the first respondent dated 11.04.2003 and made in TSE No.2/16/2001 and quash the same.) 1. The petitioner is the Management of the Tamil Nadu Handloom Weavers Co-operative Society (hereinafter referred to as the 'Society') and the challenge is to the order passed by the first respondent, dated 11.04.2003, under the provisions of the Tamil Nadu Shops and Establishment Act, 1947 (hereinafter referred to as the 'Act'). 2. The second respondent herein filed an application before the first respondent under Section 41(2) of the Act contending that the oral termination of her services with effect from 13.07.2000 is not sustainable and prayed for reinstatement with continuity of service, backwages and other attendant benefits. 3. The case of the second respondent was that she has been working in the retail stores run by the petitioner's society for 17 years and ...
Tag this Judgment!The Special Commissioner, Hindu Religious and Charitable Endowments De ...
Court: Chennai
Decided on: Jan-21-2016
(Prayer: Petition filed under Section 5 of Limitation Act to condone the delay of 1,521 days in filing the W.A.SR No.70786 of 2013 against the order dated 28.4.2009 made in W.P.No.5133 of 2009 on the file of this Court.) Dr. P. Devadass, J. 1. The Special Commissioner, Hindu Religious and Charitable Endowments Department, who is the first respondent in W.P.No.5133 of 2009 seeks condonation of delay of 1,521 days caused in preferring the Writ Appeal against the order of the Writ Court dated 28.4.2009. 2. The petitioner, in his affidavit, narrated the steps taken by the Department in preferring the Writ Appeal as against the order of the Writ Court dated 28.4.2009 and reasons have also been stated as to how the delay has occurred. 3. The learned Special Government Pleader submitted that vast extent of lands have been sought to be registered in the name of the first respondent/writ petitioner without getting 'No Objection Certificate' from the Temple Authorities. The learned Special Gover...
Tag this Judgment!Chennai Super Kings Chennai Ltd. Vs. Board of Control for Cricket in I ...
Court: Chennai
Decided on: Jan-20-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of a Committee dated 14.07.2015 headed by Mr.Justice Lodha for and on behalf of the first respondent, from the first respondent, quash the same and consequently direct the first respondent to permit the petitioner to participate in the IPL matches.) Sanjay Kishan Kaul, CJ 1. The Gentlemen's game - that is what cricket is all about or at least used to be. Thus, whatever gentlemen would not do was by implication excluded as that was not Cricket. As cricket evolved from the more traditional concept of Test matchesto the One day / 50 over matchesand then the 20 over matches, it went through a sea change in the sense it became more an issue of entertainment and higher financial remuneration to cricketers and administrators of the game. The vast amount of money which came to be involved in the game through sponsorships slowly resulted in s...
Tag this Judgment!The Land Acquisition Officer and The Special Tahsildar, A.D.W (Aadi Dr ...
Court: Chennai
Decided on: Jan-20-2016
(Prayer:- Second Appeal filed under Section 100 of C.P.C., against the Decree and Judgment dated 09.01.2012 made in L.A.O.P. C.M.A. No.104 of 2004 on the file of the learned I Additional Subordinate Judge, Coimbatore modifying the Award No.1/1997-98, in Ref.No.2538/96A, dated 26.09.1997 on the file of Land Acquisition Officer and Special Tahsildar (LA) Adi Dravidar and Tribal Welfare, Coimbatore.) 1. This second appeal has been filed challenging the decree and judgment in L.A.O.P. C.M.A. No.104 of 2004 on the file of the learned I Additional Subordinate Judge, Coimbatore modifying the Award No.1/1997-98, in Ref.No.2538/96A, dated 26.09.1997 on the file of Land Acquisition Officer and Special Tahsildar (LA) Adi Dravidar and Tribal Welfare, Coimbatore. An extent of 6.61 acres of dry land comprised in S.F.No.424/A2 and 424/B3 of Odanthurai Village, Mettupalayam Taluk was acquired by the Government to provide house site to Adivasis. The respondent herein was the owner of 4.86 acres of land...
Tag this Judgment!J. Jerald Vivera Vs. David Manoharan
Court: Chennai
Decided on: Jan-20-2016
(Prayer:- Criminal Appeal filed under Section 378 of Cr.P.C. to call for the entire records in C.A.No.389 of 2008, on the file of the Additional District and Sessions Court, Coimbatore and set aside the judgment dated 3.2.2009 and conform the judgment dated 6.11.2008 passed by the Judicial Magistrate No.II, Coimbatore in C.C.No.594 of 2007.) 1. This criminal appeal has been directed against the judgment passed in Crl.A.No.389 of 2008, by the Additional District and Sessions Court, Coimbatore. 2. The appellant herein, as complainant, has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, on the file of the Judicial Magistrate Court No.2, Coimbatore and the same has been taken on file in Calendar Case No.594 of 2008, wherein, the present respondent has been shown as sole accused. 3. It is averred in the complaint that the complainant knows the accused for a period of five years. On 10.1.2007, the accused has received a sum of Rs.3,72,000/- from the complainant b...
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