Chennai Court February 2016 Judgments
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Vasudevan and Others Vs. Indian Overseas Bank, Rep. By its Senior Mana ...
Court: Chennai
Decided on: Feb-22-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Certiorarified Mandamus calling for the records of the 3rd Respondent culminating in unfair order in their second and latter part of their proceedings dated 13.02.2014 leading to lodging the Appeal No. AIR 785/2011 for non-payment of court fees on or before 5.5.2014 and quash the second and latter part of the proceedings leading to lodging the appeal No.AIR 785/2011 and consequently direct the 3rd Respondent to consider the petitioners application to pursue the counter claim in the appeal No.AIR 785/2011 in the SR No.6908/2010 in OA.No.98/07 as 'Indigent Persons' without payment of the court fees.) M. Venugopal, J. 1. The Petitioners have preferred the instant Writ Petition praying for passing of an order by this Court in calling for the records of the 3rd Respondent's/DRAT proceedings dated 13.02.2014 relating to Appeal in AIR No.785 of 2011 for non-payment of Court Fees on or before 0...
Baskar Vs. State of Tamil Nadu represented by Secretary to Government ...
Court: Chennai
Decided on: Feb-19-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the records relating to the dentention order passed by the second respondent pertaining to the order made in C3/D/O/No.85/2015 dated 24.08.2015 in detaining the detenu under 2(g) of Tamil Nadu Act 14 of 1982, as a Immoral Traffic Offender and quash the same and direct the respondents to produce the detenu Glory, Wife of Baskar, aged about 42 years, who is detained at Special Prison for Women, Vellore before this Court and set her at liberty.) S. Nagamuthu, J. 1. This Habeas Corpus Petition has been filed by the husband of the detenu, namely, Glory, aged 42 years, wife of Baskar, to issue a Writ of Habeas Corpus, to call for the records in C3/D/O/No.85/2015, dated 24.08.2015, passed by the 2nd respondent, detaining the detenu, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral ...
M/s. Raghav Industries Ltd. Vs. Union of India, rep by its Joint Secre ...
Court: Chennai
Decided on: Feb-19-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records relating to the order No.51/2015-CX dated 24.08.2015, passed by the first respondent and quash the same.) 1. The petitioner has filed the above writ petition to issue a Writ of Certiorari to call for the records relating to the order No.51/2015-CX dated 24.08.2015, passed by the first respondent and quash the same. 2. It is the case of the petitioner that they are manufacturers of synthetic and blended textile yarn made out of raw materials, viz., duty paid polyester staple fiber or polyester viscose staple fiber. The petitioner utilised the said duty paid inputs without availing the benefit of cenvat credit of the duty paid on the materials, as available under the CENVAT Credit Rules, 2004. The petitioners exported finished goods viz., yarn to various countries on payment of excise duty on yarn. For paying the excise duty on the goods exported, the petition...
S. Kumar and Others Vs. The State of Tamil Nadu and Another
Court: Chennai
Decided on: Feb-19-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents herein to post the petitioner in Law and Order Category as Sub Inspector of Police from the Armed Reserve category where he is currently working as S.I. of Police by way of conversion posting on par 2 with those similarly situated Sub Inspectors of Police appointed through G.O.No.312 Home (Police III) Department dated 04.04.2003 Independently in case of legal embargo in awarding the said 1 mark.) Common Order: 1. These writ petitions are filed seeking writ of mandamus directing the respondents to post the petitioners as Sub Inspector of Police from the Armed Reserve category, where they are currently working as Sub Inspector of Police, by way of conversion posting on par with those similarly situated Sub Inspectors of Police appointed through G.O.No.312 Home (Police III) Department, dated 04.4.2003. 2. Heard Mr.K.Ravi Anantha Padmanaban, learned counsel for t...
J. Aslam Basha Vs. The Commissioner, Vaniyambadi Municipality, Vellore ...
Court: Chennai
Decided on: Feb-19-2016
(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the first respondent to grant permission for conducting the Public Meeting by Tamilnadu Congress Committee Minority Department scheduled to be held on 21.2.2016 at 4 p.m., at Weekly Market Ground, Vaniyambadi, Vellore District.) 1. The Petitioner has come forward with this Writ Petition seeking for issuance of Mandamus upon the 1st respondent to grant permission for conducting the Public Meeting by Tamilnadu Congress Committee Minority Department scheduled to be held on 21.2.2016 at 4 p.m., at Weekly Market Ground, Vaniyambadi, Vellore District. 2. According to the petitioner, he is the Chairman of Tamilnadu Congress Committee Minority Department which was established for the purpose of carrying out the acts for the Minority Welfare which includes various minority religions in the State of Tamilnadu. 3. The above Committee has decided to convene a public...
Kaleel Ahamed Sahib and Others Vs. The State Rep. by The Inspector of ...
Court: Chennai
Decided on: Feb-19-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records relating to the C.C.No.137 of 2013 on the file of Judicial Magistrate Court, Sivakasi and quash the same as illegal.) 1. This petition has been filed to call for the records relating to the C.C.No.137 of 2013 on the file of Judicial Magistrate Court, Sivakasi and quash the same as illegal. 2. Initially, this quash petition was filed by the petitioners through their counsel M/s.Ajmal Associates and during the pendency of the quash petition, the petitioners have revoked the vakalath given to M/s.Ajmal Associates and Syed Mohammed / 4th petitioner herein appeared in person with authorization from other petitioners. 3. During the course of hearing, this Court observed that Syed Mohammed / 4th petitioner herein requires legal assistance and therefore, this Court requested Mr.A.Prasanna Rajadurai, Advocate to appear pro bono for the petitioners and adjourned the case to today. 4. This Cour...
K.B. Rajendran Vs. The State of Tamil Nadu rep. By The Commissioner an ...
Court: Chennai
Decided on: Feb-19-2016
(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order of this Court dated 21.09.2015 made in W.P.No.13169 of 2015.) M. Venugopal, J. 1. Mr.P.S.Siva Shanmugasundaram, Learned Special Government Pleader takes notice on behalf of the Respondents 1 to 4 and Mr.A.Nagaraj, Learned Standing Counsel takes notice for the 5th Respondent. Since no adverse orders are passed against the 6th and 7th Respondents, issuance of notice to them is dispensed with. 2. Heard both sides. 3. The Appellant/Petitioner has preferred the instant Writ Appeal as against the order dated 21.09.2015 in W.P.No.13169 of 2015 passed by the Learned Single Judge. 4. The Learned Single Judge, while passing the impugned order in W.P.No.13169 of 2015 on 21.09.2015 (filed by the Appellant/ Petitioner), at paragraph 5, had observed the following: 5. The decision of the third respondent is certainly subject to the decision to be made by the Civil Court. Though the suit is for permanent injunction, it...
M/s. Sevenways Shipping Services Vs. The Commissioner of Customs Chenn ...
Court: Chennai
Decided on: Feb-19-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to quash the order in original No.41097/2015, dated 2.9.2015 passed by the respondent as the same is arbitrary and contrary to law.) 1. The petitioner has filed the above writ petition to issue a Writ of Certiorari to quash the order in original No.41097/2015, dated 2.9.2015 passed by the respondent as the same is arbitrary and contrary to law. 2. According to the petitioner, the impugned order passed by the respondent is in violation of principles of natural justice. The petitioner was issued with the Customs House Agent Licence No.R-522/CHA issued by the respondent with validity upto 19.03.2014. On 06.07.2012, the respondent invoking the provisions of Regulation 20(2) of the Customs House Agent Licensing Regulations, 2004, ordered for suspension of petitioner's CHA licence, however, afforded an opportunity of personal hearing to the petitioner on 25.07.2012. The petitioner appear...
M/s. IFMR Trust Vs. The Assistant Commissioner of Income Tax, Non-corp ...
Court: Chennai
Decided on: Feb-19-2016
(Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus to callfor the records of the respondent and quash the impugned notice under Section 226(3) of the Income Tax Act dated 05.01.2016 and direct the respondent to raise the attachment order issued and restrain the respondent from further recovering the outstanding demand for the Assessment Years 2010-22 and 2012-13 until the disposal of the appeal before the Income Tax Appellate Tribunal, Chennai and Commissioner of Income-Tax (Appeals).) 1. The petitioner has filed the above writ petition to issue a Writ of Certiorarified Mandamus to call for the records of the respondent and quash the impugned notice under Section 226(3) of the Income Tax Act dated 05.01.2016 and direct the respondent to raise the attachment order issued and restrain the respondent from further recovering the outstanding demand for the Assessment Years 2010-22 and 2012-13 until the d...
N. Subburaj Vs. The District Collector, Dindigul District and Others
Court: Chennai Madurai
Decided on: Feb-19-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus, calling for records pertaining to the impugned order in O.Mu.36690/2015/C2 dated 19.12.2015 (signed on 22.12.2015) on the file of the 1st respondent and quash the same as illegal and direct the 1st respondent to appoint one Mr.B.Mohan, Advocate, Bhavani, Erode District as Special Public Prosecutor in S.C.No.112 of 2015 on the file of the District Principal Sessions Judge, Dindigul in Crime No.571 of 2012 dated 08.12.2012 registered by the 4th respondent and investigated by the 3rd respondent as per Rule 4(5) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.) 1. This writ petition has been filed, seeking to quash the order of the 1st respondent passed in O.Mu.36690/2015/C2 dated 19.12.2015 (signed on 22.12.2015) stating that he has no jurisdiction to pass an order in respect of appointing a Special Public Prosecutor to conduct the p...
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