Chennai Court October 2016 Judgments
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Nachiyappan Vs. The Returning Officer (Urban Elections) Kandanur Town ...
Court: Chennai Madurai
Decided on: Oct-03-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to furnish nomination form to the post of Ward Member, Kandanur Town Panchayat Local Body Election 2016 and consequently, direct the respondent to scrutinize the petitioner's nomination form without reference to the conviction period between 02.03.2012 and 25.10.2013 in the Central Prison, Coimbatore.) 1. The writ petition has been filed, seeking to direct the respondent to furnish Nomination Form to the post of Ward Member, Kandanur Town Panchayat Local Body Election 2016 and consequently, direct the respondent to scrutinize the same without reference to the conviction period between 02.03.2012 and 25.10.2013 in the Central Prison, Coimbatore. 2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent. 3. The case of the petitioner is that while he was working as Branch Manager, India...
M/s. Sri Kumaran Trading Company, Chennai Vs. The Deputy Commercial Ta ...
Court: Chennai
Decided on: Oct-03-2016
(Prayer: Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the respondent in his proceedings in TNGST.1081803/2003-04 dated 31.3.2005, quash the same as illegal and against the principles of natural justice and fair play and direct the respondent to furnish the statement and records relied upon and provide opportunity of cross examination of third parties.) 1. Heard both. 2. The petitioner is a registered dealer in iron and steel products on the file of the respondent under the provisions of the Tamil Nadu General Sales Tax Act, 1959 (hereinafter called the Act). For the assessment year 2003-04, the petitioner reported a total and taxable turnover of Rs.78.76 crores and Rs.54.43 lakhs respectively. The respondent, on verification, issued a notice proposing to disallow the entire claim of second sale exemption on the basis of certain purchases effected from four registered dealers ...
M/s. Reliance General Insurance Co. Ltd., Chennai Vs. Lakshmi and Othe ...
Court: Chennai
Decided on: Oct-03-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 Motor Vehicles Act, 1988 against the award and decree, dated 30.06.2015 made in M.C.O.P.No.5245 of 2012, on the file of the Motor Accidents Claims Tribunal, (II Court of Small Causes), Chennai.) S. Manikumar, J. 1. Compensation of Rs.23,76,200/-, with interest, at the rate of 7.5% per annum, from the date of claim, till realization, awarded by the Motor Accidents Claims Tribunal, (II Court of Small Causes), Chennai, in M.C.O.P.No.5245 of 2012, dated 30.06.2015, to the legal representatives of the deceased, is the only challenge, in this appeal filed by M/s.Reliance General Insurance Co. Ltd., on the ground that the Tribunal has erred, in fixing the monthly income of the deceased at Rs.22,587.30, and accordingly, awarded a higher compensation. 2. Ms.Harini, learned counsel appearing for the appellant-Insurance Company made submissions. 3. As the challenge to the award, is restricted only to the quantum of compensation, there is...
The Managing Director, Metropolitan Transport Corporation Ltd., Chenna ...
Court: Chennai
Decided on: Oct-03-2016
(Prayer: Civil Miscellaneous Appeal is filed against the award, dated 08.01.2014, made in M.C.O.P.No.2410 of 2009, on the file of Motor Accident Claims Tribunal, (III Court of Small Causes), Chennai.) S. Manikumar, J. 1. Being aggrieved by the judgment and decree in M.C.O.P.No.2410 of 2009, dated 08.01.2014, on the file of Motor Accident Claims Tribunal, (III Court of Small Causes), Chennai, the present appeal has been preferred, on the grounds, inter alia that, (i) The Tribunal has erred in fixing negligence, on the driver of the Metropolitan Transport Corporation bus, bearing Registration No.TN 01 N 7291. (ii) The Tribunal has erred in awarding higher compensation, by fixing higher notional income of Rs.17,510/-, without deducting income-tax. (iii) The Tribunal has erred in taking 100% permanent disability, for the purpose of computing loss of future earning. 2. Supporting the above, Mr.K.S.Suresh, learned counsel appearing for the appellant-Transport Corporation submitted that the T...
The Deputy Chief Engineer, Constructions, Southern Railways, Salem Vs. ...
Court: Chennai Madurai
Decided on: Oct-03-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to strike off E.P.No.67 of 2016 in L.A.O.P.No.62 of 2011, on the file of the Additional Subordinate Judge, Karur.) 1. This Civil Revision Petition filed seeking to strike off E.P.No.67 of 2016 in L.A.O.P.No.62 of 2011, on the file of the Additional Subordinate Judge, Karur. 2. According to the Petitioner, an award was passed by the learned Sub-ordinate Judge, Karur in L.A.O.P.No.62 of 2011. Being not satisfied with the award passed by the Land Acquisition Tribunal, the beneficiaries filed appeal before the Court below. According to the Petitioner, the aforesaid appeal is pending in unnumbered stage. In the meantime, the respondents herein filed the present E.P before the Land Acquisition Tribunal. Against that, the Petitioner has preferred the present C.R.P before this Court to strike of the E.P from the file of the Court below. 3. The learned counsel for the Petitioner relied upon...
S. Jayasingh Rajan Vs. The District Collector-cum-Inspector of Panchay ...
Court: Chennai Madurai
Decided on: Oct-03-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the 2nd respondent passed in B3/1654/2006 dated 25.04.2009 and quash the same as illegal, null and void and consequently directing the respondents to regularize the service of the petitioner with all monetary benefits.) 1. That the instant writ petition has been filed challenging the order of suspension passed by the 2nd respondent dated 25.04.2009 with a consequential direction to the respondents to regularise the service of the petitioner with all monetary benefits. 2. The case of the petitioner is that he was appointed as Panchayat clerk in the office of the 3rd respondent through employment exchange. He completed 18 years of service without any adverse remarks. On 06.06.2006 the petitioner was suspended by the 3rd respondent in connection with the pending investigation of Anti-corruption case. Immediately...
S. Diwakar Vs. The Joint Commissioner of Police, Chennai
Court: Chennai
Decided on: Oct-03-2016
(Prayer: Criminal Original Petition filed under Section 482, Cr.P.C. seeking a direction to the respondent to set aside the pre-dated intimation sent on 20.07.2016 (sic) 10.07.2016 in complaint dated 18.06.2016 on the file of R-7, K.K. Nagar Police Station and to take action in both the complaints in his file in accordance with law.) 1. This Criminal Original Petition has been filed seeking a direction to the respondent to set aside the pre-dated intimation sent on 20.07.2016 (sic) 10.07.2016 in complaint dated 18.06.2016 on the file of R-7, K.K. Nagar Police Station and to take action based on his complaint. 2. The petitioner is a practising advocate. He gave a complaint to the Inspector of Police, R-7 K.K. Nagar Police Station, Chennai, on 18.06.2016, based on which a preliminary enquiry was conducted in C.S.R. No.272/2016 and the same was closed on 10.07.2016, aggrieved by which, he has filed the present Criminal Original Petition seeking the above said relief. 3. Heard Mr. S. Diwak...
D. Joseph Vs. Nagamunusamy
Court: Chennai
Decided on: Oct-03-2016
(Prayer: Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C. to set aside the order dated 18.03.2016 passed by the learned VII Additional Sessions Judge, Chennai made in Crl.A.No.79 of 2015 confirming the order dated 26.03.2015 passed by the learned Metropolitan Magistrate, Fast Track Court No.I, Egmore, Chennai made in CC.No.1550 of 2011.) 1. This Criminal Revision is directed against the order passed by the learned VII Additional Sessions Judge, Chennai made in Crl.A.No.79 of 2015, dated 18.03.2016 confirming the order passed by the learned Metropolitan Magistrate, Fast Track Court No.I, Egmore, Chennai made in CC.No.1550 of 2011, dated 26.03.2015. 2. The brief facts leading to filing of the present revision are as follows :- The revision petitioner/accused approached the complainant for a personal loan to the tune of Rs.4,00,000/- for his business purposes. Considering his request, the complainant granted Rs.4,00,000/- on 11.03.2009. The accused executed demand pro...
R. Ravikumar Vs. Regional Director, Employees State Insurance Corporat ...
Court: Chennai
Decided on: Oct-03-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorari, calling for the relevant records of the impugned proceedings pertaining to issue of the order dated 14.7.2015 in O.A.No.310/00005 of 2014 together with the order dated 8.1.2016 in R.A.No.19/2015 in O.A.No.5/2014 by the 6th respondent and quash the same as mala fide, vindictive, arbitrary, discriminatory, unreasonable, lack of application of mind, denial of natural justice, violation of rule of law, abuse of statutory powers by the 1st and 2nd respondents, vitiation of the entire disciplinary proceedings as well as in gross violation of fundamental rights guaranteed under Article 14 of the constitution by way of granting the relief sought in the original application before the 6th respondent.) S. Manikumar, J. On 20.12.2007, the Additional Commissioner and Regional Director Disciplinary Authority, has issued a Charge Memo in No.51-C-12-12/2/96.EQ/Admn, which is ...
A. Murugan Vs. State of Tamil Nadu rep. by its Home Secretary, St. Geo ...
Court: Chennai Madurai
Decided on: Oct-03-2016
(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent No.1 to provide compensation to the petitioner and direct to take appropriate Civil and Criminal action against the respondents No.4 to 7 and pass any further or other orders as this Court may deem fit under the circumstances of the case.) 1. Learned counsel appearing for the petitioner seeks permission of this court to ithdraw this writ petition and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. No costs....
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