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Chennai Court October 2016 Judgments

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Oct 04 2016

M. Suguna Vs. The Managing Director, Metropolitan Transport Corporatio ...

Court: Chennai

Decided on: Oct-04-2016

(Common Prayer: Appeals under Section 173 of the Motor Vehicles Act, 1988 against the Decree and Judgment passed by the Motor Accidents Claims Tribunal (Special Sub Judge-I), Chennai in MCOP No.4569 of 2010 dated 06.08.2013.) Common Judgment: S. Manikumar, J. 1. In the accident, which occurred on 18.06.2010, a 54 years old Sales Tax Collection Inspector attached to the office of the Assistant Commissioner (CT), Vallalar Assessment Circle, died. Wife aged about 45 years, daughters aged about 23 years and 19 years respectively and son aged about 18 years, joined together and filed MCOP No.4569 of 2010 on the file of the learned MACT [Special Sub Judge-I], Chennai, claiming compensation of Rs.50,00,000/- under various heads. 2. Fixing negligence on the driver of the transport corporation bus, bearing Regn.No.TN01 N 8296, and accepting the testimony of the legal representatives, regarding the avocation, duly corroborated by Ex.P3, last pay certificate, Ex.P8, Service Register, the tribunal...


Oct 04 2016

R. Sampathkumar Vs. The Commissioner, Milk Production and Dairy Develo ...

Court: Chennai

Decided on: Oct-04-2016

(Prayer: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of certiorarified mandamus, to call for the entire records with the proceedings of the second respondent in Ref No.32095/Pers.estt.1/2006 dated 22.05.2015 and quash the same and consequently, direct the second respondent to release all the terminal benefits including the gratuity, encashment of leave salary and other statutory benefits like revised scale of pay, annual increments, Selection Grade pay etc., due to the petitioner along with interest within a stipulated time fixed by this Court.) 1. The petitioner has come up with the present writ petition for issuing a Writ of Certiorarified mandamus calling for the entire records relating to the proceedings of the second respondent in Ref No.32095/Pers.estt.1/ 2006 dated 22.05.2015, quash the same and consequently, direct the second respondent to release all the terminal benefits including gratuity, encashment of leave salary and oth...


Oct 04 2016

Fathima Vs. The District Collector, Tirunelveli District, Tirunelveli ...

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 first respondent to initiate recovery proceeding under the Recovery Revenue Act for recovery the amount as per the award passed by the Deputy Commissioner of Labour, Tirunelveli in W.C.No.22 of 2004 and disburse the amount to the petitioner.) 1. This writ petition has been filed by the petitioner for the issuance of a Writ of Mandamus directing the first respondent to initiate recovery proceeding under the Revenue Recovery Act for recovering the amount as per the award passed by the Deputy Commissioner of Labour, Tirunelveli in W.C.No.22 of 2004 and disburse the amount to the petitioner. 2. The case of the petitioner is that she is a widow and his son, namely, Abdul Rahim was employed as Load-man in the Tractor bearing Registration No.TN 72 Y 3231 belongs to the second respondent. Unfortunately, he died on 04.04.2003 due to the accident happened in the course of employme...


Oct 04 2016

G. Gnanasekaran Vs. The Joint Commissioner, The Hindu Religious and Ch ...

Court: Chennai Madurai

Decided on: Oct-04-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to install the Bunk shop forthwith in the Anupanadi Road, from where it was removed as well as direct the 1st Respondent to pay Rs.5,00,000/- as compensation to the petitioner for causing hindrance to carryout his lawful business by removing the stall within the time stipulated by this Hon'ble Court.) 1. The petitioner has filed this writ petition to install the Bunk shop forthwith in the Anupanadi Road, from where it was removed as well as to direct the 1st respondent to pay Rs.5,00,000/- as compensation to the petitioner for causing hindrance to carryout his lawful business by removing the stall within the time fixed by this Court. 2. According to the petitioner, he is a dealer of the third respondent/Tamil Nadu Tea Plantation Corporation for selling tea, and the second respondent/Madurai Corporation, by proceedings dated 28.07.2016, granted ...


Oct 04 2016

M/s. Shanti Guru Marketing Rep. by its Proprietor Sripal Sanghvi Chinn ...

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 Certiorarified Mandamus, calling for the records on the file of the second Respondent in S.P.No.132/2016 in AP.180/2016 dated 08.08.2016 and quash the same as illegal and direct the second respondent to grant absolute stay for the balance penalty amount till the disposal of the appeal in AP.180/2016 filed against Revision Order dated 29.06.2016.) 1. The writ petition has been filed, seeking to quash the impugned order dated 08.08.2016 passed by the 2nd respondent in S.P.No.132 of 2016 in AP.180 of 2016, by which, the stay application filed by the petitioner against levying of tax under VAT Act, was dismissed. The petitioner also sought for direction to the 2nd respondent to grant absolute stay for the balance penalty amount till the disposal of the appeal in AP.180/2016 filed against Revision Order dated 29.06.2016. 2. Heard the learned counsel for the petitioner and the learned Spe...


Oct 04 2016

S. Jayanthi Shri Vs. The Assistant Commissioner of Income Tax, Coimbat ...

Court: Chennai

Decided on: Oct-04-2016

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari to call for the records pertaining to the Penalty in proceedings, dated 27.06.2016 in PAN No.AIQPJ9025N with the notice of demand dated 27.06.2016, in PAN No:BBHPM6439 passed by the first respondent against the petitioner for Ays 2008-09 to 2014-15 on the file of the Assistant Commissioner of Income Tax, Central Circle-I, Coimbatore and quash the same.) 1. Heard Mr. A.E.Chelliah learned Senior counsel for Mr.K.Ramanujam, learned counsel for the petitioner and Mr.T.Pramod Kumar Chopda learned Senior Standing counsel appearing for the Revenue. 2. The petitioner Smt.S.Jayanthi Shri., wife of Mr.D.Ramagopal, has filed this Writ Petition challenging an order passed by the first respondent, Assessing Officer, under Section 271F of the Income Tax Act, 1961, (Act), levying penalty of Rs.5,000/- for non-filing of the returns at the appropriate time for the assessment years 2008-...


Oct 04 2016

United India Insurance Co.Ltd. Vs. Y. Yasmeen and Others

Court: Chennai

Decided on: Oct-04-2016

(Prayer: Memorandum of Grounds of Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 23.03.2016 made in M.A.C.T.O.P.No.1559 of 2010 on the file of the Motor Accident Claims Tribunal, (Special Subordinate Judge No.I), Chennai.) 1. M/s United India Insurance Company Limited, Chennai has brought this appeal questioning the quantum of compensation of Rs.15,32,500/- along with interest at the rate of 7.5% per annum fixed by the Motor Accident Claims Tribunal (Special Subordinate Judge No.I), Chennai in M.C.O.P.No.1559 of 2010 dated 23.3.2016 for the death of Mr.Samsudeen, S/o A.Mohammed Ali, aged about 26 years, while serving as Sales Executive in M/s Manasarovar Automobiles, Dealers for Honda Motor Cycles, Chennai, who joined the company just ten days before the accident. 2. Heard the learned counsel for the appellant. 3. On 16.4.2010 at about 8.30 hours, when the husband of the first respondent was riding his Honda Activa motorc...


Oct 04 2016

S.K. Mary Vs. The District Collector, Theni District, Theni and Others

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 05.05.2011 and consequently direct the first respondent to issue a patta in survey No.525/1A extent of 2 acres and 30 cents situated at 4/3, 15 Tahsildar Nagar, Thamaraikulam, Periyakulam Taluk, Theni District in accordance with law.) 1. This writ petition has been filed seeking for the issuance of a Writ of Mandamus directing directing the respondents to consider the petitioner's representation, dated 05.05.2011, and for consequential direction to the first respondent to issue a patta in survey No.525/1A extent of 2 acres and 30 cents situated at 4/3, 15 Tahsildar Nagar, Thamaraikulam, Periyakulam Taluk, Theni District in accordance with law. 2. Heard Ms.V.Jeyarani, learned counsel appearing for the petitioner as well as Mr.Aairam K.Selvakumar, learned Government Advocate appearing for the respondents. 3. The...


Oct 04 2016

Rajee Krishnan Vs. S.K. Naganathan

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 Additional District Munsif(Madurai Town), Madurai to expedite the proceeding in R.C.O.P.No.295 of 2013, and further to direct the court below to complete the trial within the time frame fixed by this Court.) 1. The learned counsel for the Petitioner seeks permission of this Court to withdraw the Civil Revision Petition and has also made an endorsement to that effect. 2. In view of the same, the Civil Revision Petition is dismissed as withdrawn. Liberty is given to the Petitioner to file appropriate application, at a later stage. No costs....


Oct 04 2016

L. Pushparaj Vs. The State of Tamil Nadu, Rep by the Additional Chief ...

Court: Chennai Madurai

Decided on: Oct-04-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned G.O.Ms.No.181, School Education (C2) Department, dated 15.11.2011 on the file of the 1st Respondent and the consequential order passed by the 4th Respondent in A.Thi.Mu.No.305/A1/2012 dated 09.04.2012 and quash the both as illegal and arbitrary in so far as my case is concerned and consequently direct the Respondents 3 and 4 to approve the petitioner's appointment as B.T. Assistant(History) in the 5th respondent School from 21.06.2011, with all service and monetary benefits within the time limit that may be stipulated by this Hon'ble Court.) 1. This Writ of Certiorarified Mandamus has been filed, to quash G.O.Ms.No.181, School Education (C2) Department, dated 15.11.2011 on the file of the 1st Respondent and the consequential order passed by the 4th Respondent in A.Thi.Mu.No.305/A1/2012 dated 09.04.2012, a...


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