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Chennai Court October 2016 Judgments

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Oct 04 2016

M/s. Capricon Food Products India Pvt.Ltd. Vs. The Commercial Tax Offi ...

Court: Chennai

Decided on: Oct-04-2016

(Prayer in both W.P.: Petitions filed under Article 226 of the Constitution of India praying to issue Writs of Certiorari to call for the impugned proceedings of the first respondent respectively in (i) TIN/33161121372/2007-2008 dated 31.5.2016 and the consequential proceedings in TIN:33161121372/2007-2008 dated 29.8.2016 and (ii) TIN/33161121372/2008-2009 dated 31.5.2016 and the consequential proceedings in TIN:33161121372/2008-2009 dated 29.8.2016 and to quash the same as passed in contrary to the provisions of the TNVAT Act and against the principles of natural justice.) Common Order: 1. Heard the learned counsel for the petitioner and the learned Government Advocate, accepting notice for the respondents. By consent, the writ petitions are taken up for joint disposal. 2. The petitioner is a manufacture of food products made out of fruits and vegetables and is a registered dealer on the file of the first respondent under the provisions of the Tamil Nadu Value Added Tax Act 2006 (here...


Oct 04 2016

Nisha Vs. The State of Tamil Nadu Represented by its Principal Secreta ...

Court: Chennai Madurai

Decided on: Oct-04-2016

(Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents to produce the person or the body of the petitioner's brother / detenue namely Sheik Meeran S/o.E.M.S.Ali, aged about 43 years and issue a direction for undergoing the two life sentences in S.C.No.392 of 1997, dated 05.10.1998 on the file of the District Sessions Court, Tirunelveli and in S.C.No.90 of 1997 dated 06.01.2003 on the file of the District Sessions Court, Kanyakumari imposed upon t he petitioner brother namely Sheik Meeran to run concurrently as per Section 427(2) of Cr.P.C., and set him at liberty.) M. Sathyanarayanan, J. 1. The petitioner is the sister of the life convict viz., Sheik Meeran S/o.E.M.S.Ali. The said convict along with Selvam, Radhakrishnan, Pauldurai, Oliver, Doss @ Andhikannan Doss and Ramesh were convicted for the commission of the offences under Sections 302, 302 r/w 149, 148, Section 3 of Indian Explosives ...


Oct 04 2016

Nagarajan Vs. The Director General of Police, Kamarajar Salai, Mylapor ...

Court: Chennai Madurai

Decided on: Oct-04-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to revise the seniority of the petitioner thereby upgrading him as Grade-I Police Constable / Head Constable on completion of 10/5 years and upgrade as Special Sub Inspector of Police on completion of 25 years of service and also upgrade to the higher posts notionally in the light of Government Orders and order made in W.P.No.11544 to 11550 of 2012 dated 28.06.2012 on the file of the Hon'ble Principal Seat at Madras on the basis of his representation dated 11.06.2014. 1. The writ petition has been filed, seeking to direct the respondents to revise the seniority of the petitioner thereby upgrading him as Grade-I Police Constable / Head Constable on completion of 10+5 years and upgrade as Special Sub Inspector of Police on completion of 25 years of service and also upgrade to the higher posts notionally in the light of Government Orders and order ma...


Oct 04 2016

S. Kannammal Vs. The District Collector, Collectorate Campus, Madurai ...

Court: Chennai Madurai

Decided on: Oct-04-2016

(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 09.07.2013 with regard to measure the petitioner's land having survey No.235/4 punja land and 219/1 house site situated at Seelanickampatti, Peraiyur Taluk, Madurai District and mark the meets and bounds and to issue patta in favour of the petitioner within the time stipulated by this Court.) 1. This writ petition has been filed by the petitioner for the issuance of a Writ of Mandamus directing the respondents to consider her representation, dated 09.07.2013, with regard to measure her land having survey No.235/4 punja land and 219/1 house site situated at Seelanickampatti, Peraiyur Taluk, Madurai District and mark the meets and bounds and to issue patta in her favour within the time stipulated by this Court. 2. Heard both sides. 3. The learned counsel appearing for the petitioner would submit that it would su...


Oct 04 2016

M/s. Aptech Ltd., Mumbai Vs. M/s. Precision Techserve Pvt. Ltd. and An ...

Court: Chennai

Decided on: Oct-04-2016

(Prayer: Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award dated 11.10.2014.) 1. This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "1996 Act") to assail the award dated 11.10.2014. The challenge to the award, broadly, arises in the background of the following facts. Prefatory facts: 2. The Government of Tamil Nadu, it appears, mandated Electronic Corporation of Tamil Nadu (hereinafter referred to as "ELCOT") to provide training and facility services in the field of Information and Technology in the State of Tamil Nadu. 2.1. In furtherance of this mandate, ELCOT had entered into an agreement dated 08.10.2003 with the Commissioner of Survey and Settlement (in short "COSS"), Government of Tamil Nadu. This agreement was executed to implement the mandate of Government of Tamil India. 2.2. ELCOT, in turn, selected the petitioner, i.e., Aptech Ltd (in short "AL") for providing ...


Oct 04 2016

D. Vignesh Vs. Indian Overseas Bank Sholinghur Branch Rep. by its Seni ...

Court: Chennai

Decided on: Oct-04-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order passed by the first respondent herein in Reference No.Nil of 2015-2016 dated 12.03.2016 stated to be under permission from the second respondent herein, quash the same and direct the respondent to sanction and grant the educational loan applied for by the petitioner herein for pursuing four years (2015-2019) B.Sc. Nursing course in SRM college of Nursing under SRM University, Kattankolathur, Kancheepuram District.) 1. The present writ petition has been filed praying for the issuance of a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order passed by the first respondent herein in Reference No.Nil of 2015-2016 dated 12.03.2016 stated to be under permission from the second respondent herein, quash the same and direct the respondent to sanction and grant the educationa...


Oct 04 2016

Petitioner Vs. Respondent

Court: Chennai

Decided on: Oct-04-2016

M. Venugopal, J. 1. Heard Mr.J.Franklin, Learned counsel for the Petitioner/Appellant/Complainant and Mr.D.Shivakumaran, Learned counsel for the Respondent/Accused. 2. The Petitioner/Appellant/Complainant has focused the instant Crl.O.P.No.19701 of 2016 before this Court praying for passing of an order by this Court to grant 'Special Leave' to him to file the present 'Appeal' against the Respondent in regard to the judgment of 'Acquittal' dated 17.02.2014 in S.T.C.No.1264 of 2010 passed by the Learned Judicial Magistrate-II, Salem. 3. According to the Learned counsel for the Petitioner/Appellant/Complainant, the trial Court had acquitted the Respondent/Accused in the main case in S.T.C.No.1264 of 2010 without appreciating the oral and documentary evidence available on record. 4. The Learned counsel for the Petitioner/Appellant urges before this Court that the trial Court had wrongly presumed that the Appellant's father had conducted an unregistered chit, in which, the Respondent/Accuse...


Oct 04 2016

J. Ignatius Vs. The Tahsildar Vilavancode Taluk, Kuzhithurai, Kanyakum ...

Court: Chennai Madurai

Decided on: Oct-04-2016

(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to consider and disposal of the application of the petitioner dated 23.06.2011 within a stipulated time as may be fixed by this Court.) 1. The petitioner seeks for a Mandamus directing the first respondent to consider and disposal of his application dated 23.06.2011 within a stipulated time as may be fixed by this Court. 2. Heard Mr.T.A.Abenezer, learned counsel appearing for the petitioner as well as Mr.K.Guru, learned Additional Government Pleader appearing for the first respondent. 3. The learned counsel appearing for the petitioner would submit that it would suffice if the representation of the petitioner is disposed of, by the first respondent, on merits and in accordance with law within the time stipulated by this Court. 4. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the first respondent ...


Oct 04 2016

N. Arunachalam Vs. R. Selvarani

Court: Chennai Madurai

Decided on: Oct-04-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the Principal District Munsif Court, Karur to dispose of the suit in O.S.No.385 of 2014, on his file within the period stipulated by this Court.) 1. This revision has been filed seeking for a direction to the Principal District Munsif Court, Karur to dispose of the suit O.S.No.385 of 2014, on his file, within the period stipulated by this Court. 2. The Petitioner herein has filed a suit in O.S.No.385 of 2014 praying for declaration. In the aforesaid suit, summons has been issued on the respondent/defendant and issues were framed and thereafter, the matter has been adjourned from time to time without any reason. Hence the Petitioner has filed the above Civil Revision Petition for the relief stated supra. 3. Considering the facts and circumstances of the case and in the interest of justice, without expressing any opinion on the merits of the case, this Court is inclined to ...


Oct 04 2016

B. Hemakumar and Others Vs. The State of Tamil Nadu, represented by th ...

Court: Chennai

Decided on: Oct-04-2016

(Prayer: Criminal Original Petitions filed under Section 482, Cr.P.C. seeking to call for the records relating to Crime No.23 of 2010 on the file of the District Crime Branch, Thiruvallur and quash the same.) Common Order 1. These Criminal Original Petitions are filed seeking to call for the records relating to Crime No.23 of 2010 on the file of the District Crime Branch, Thiruvallur and quash the same. 2. On the complaint lodged by one Vijaya Singh, the second respondent herein, first respondent police registered a case in Crime No.23 of 2010 on 10.04.2010 under Section 420, 408 and 477-A IPC read with Section 34 IPC against Rathina Asohan (A1/petitioner in Crl.O.P. No.18266 of 2010), Hemakumar (A2/petitioner in Crl.O.P. No.18180 of 2010), Satish Kumar (A3/1st petitioner in Crl.O.P. No.16222 of 2010), Kavitha Ashok (A4/2nd petitioner in Crl.O.P. No.16222 of 2010), Dhanasekaran (A5/3rd petitioner in Crl.O.P. No.16222 of 2010) and Venugopal (A5/4th petitioner in Crl.O.P. No.16222 of 201...


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