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Chennai Court February 2016 Judgments

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Feb 15 2016

R. Sundaramurthy Vs. The Chief General Manager, BSNL, Tamil Nadu Circl ...

Court: Chennai

Decided on: Feb-15-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to Impugned Letter dated 28.1.2016 bearing Ref.No.SCT/SEWA BSNL/Delegate List/2015-16/30 dated at Chennai-6, passed by the 2nd respondent and to quash the same and further, to direct the 1st respondent to conduct Delegate Election and Election for Tamil Nadu Circle SEWA BSNL as per the SEWA BSNL BY Law.) 1. This writ petition has been filed by the petitioner praying for issuance of a writ of Certiorarified Mandamus, to call for the records pertaining to Impugned Letter dated 28.1.2016 bearing Ref.No.SCT/SEWA BSNL/Delegate List/2015-16/30, passed by the 2nd respondent and to quash the same and further, to direct the 1st respondent to conduct Delegate Election and Election for Tamil Nadu Circle SEWA BSNL as per the SEWA BSNL Bylaw. 2-1. In the affidavit filed in support of the writ petition, it has been averred by the p...


Feb 15 2016

Tamil Nadu Power Producers Association and Another Vs. State of Tamil ...

Court: Chennai

Decided on: Feb-15-2016

(Prayers in W.P.No.27936 of 2015 :-Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus to call for the records comprised in the impugned G.O.(Ms.).No.77, Energy (A1), dated 10.10.2014, passed by the first respondent and quash the same as being unconstitutional and ultra vires the powers under Section 11 of the Electricity Act, 2003, in so far as it restricts interstate sale and interstate open access and consequently direct first to fourth respondents to act strictly in terms of the Electricity Act, 2003 and CERC Open Access in Interstate Transmission Regulation by permitting the petitioner to generate, transmit and sell electricity to any person outside the State of Tamilnadu in compliance with the terms thereof. W.P.No.36877 of 2015 :-Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for the records relating to the impugned Government Gazettee under Part II Section viz.,...


Feb 15 2016

The Avadi Market Vegetable and Fruit Sellers Association and Another V ...

Court: Chennai

Decided on: Feb-15-2016

(Prayers: in W.P.No.5362 of 2016 Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents to allot the shops at Avadi Market to the members of the Association based on the representation, dated 05.02.2016. W.P.No.5506 of 2016 : Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus to call for records from the file of the second respondent, Tender Notification, reference No.Na.Ka.No.11740/A7/2013, dated 22.01.2016, and to quash the same, and to direct the second respondent to call for fresh tender by fixing a reasonable amount as a security deposit enabling the poor vendors to participate in the tender.) Common Order 1. This judgment shall dispose of the following Writ Petitions, as the relief sought herein are inter-connected :- Sl.No.Case No.Name of the petitioner1W.P.No. 5362 of 2016Avadi Market Vegetable and Fruit Sellers Association2W.P.No. 5506 of 201...


Feb 12 2016

The Indian Cultural Research Trust, Rep by its Secretary, Chennai and ...

Court: Chennai

Decided on: Feb-12-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order and decreetal order dated 16.10.2014 made in I.A.No.15897 of 2014 in O.S.No.5904 of 2014 on the file of the learned VI Assistant Judge, City Civil Court, Chennai as confirmed by order and decreetal order dated 13.04.2015 in C.M.A.No.142 of 2014 on the file of the learned IV Additional Judge, City Civil Court, Chennai.) Common Order 1. C.R.P.(PD).No.2905 of 2015 has been filed challenging the impugned order dated 16.10.2014 made in I.A.No.15897 of 2014 in O.S.No.5904 of 2014 on the file of the learned VI Assistant Judge, City Civil Court, Chennai which was confirmed by order and decreetal order dated 13.04.2015 made in C.M.A.No.142 of 2014 on the file of the learned IV Additional Judge, City Civil Court, Chennai. 2. C.R.P.(PD).No.2906 of 2015 has been filed challenging the impugned order dated 16.10.2014 made in I.A.No.15900 of 2014 in O.S.No.5905 of 2014 on the file of the learn...


Feb 11 2016

Rajapandi Vs. State of Tamil Nadu, Rep. By the Secretary to Government ...

Court: Chennai Madurai

Decided on: Feb-11-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents to release the petitioner's brother namely, Palpandi, S/o.Subramani C.P.No.5052 on Parole from Central Prison, Madurai for 1 week to attend his mother Rukmani's funeral function and rituals going to be performed on 11.02.2016.) 1. This petition has been filed to direct the respondents to release the petitioner's brother namely, Palpandi, S/o.Subramani C.P.No.5052 on Parole from Central Prison, Madurai for 1 week to attend his mother Rukmani's funeral function and rituals going to be performed on 11.02.2016. 2. Heard the learned counsel for the petitioner; learned Government Advocate appearing for the respondents and perused the materials placed on record. 3. The leave for a convict prisoner is governed by the provisions of Tamil Nadu Suspension of Sentence Rules, 1982. The Superintendent of Prisons is empowered to grant emergency leave in case of sudden death of a close relative of...


Feb 11 2016

Elumalai Vs. The State of Tamil Nadu, rep. by its Secretary, Departmen ...

Court: Chennai

Decided on: Feb-11-2016

(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 09.02.2016 and made in W.M.P.No.3670 of 2016 in W.P.No.4317 of 2016.) M. Venugopal, J. 1. Mr.S.Shanmugavelayutham, learned Public Prosecutor accepts notice on behalf of respondents 1 to 5. Notice to the 6th respondent is dispensed with, at this stage, as no adverse order is passed against her, in this writ appeal. 2. With the consent of the learned counsel for the appellant and the learned Public Prosecutor for respondents 1 to 5, the main writ appeal itself is taken up for final disposal at the admission stage. 3. Heard both sides. 4. The appellant/writ petitioner has focused the instant writ appeal before this court as against the order dated 09.02.2016 in W.M.P.No.3670 of 2016 in W.P.No.4317 of 2016 passed by the learned Single Judge. 5. The learned Single Judge, while passing the impugned order in W.M.P.No.3670 of 2016 in W.P.No.4317 of 2016, on 09.02.2016 (filed by the appellant/writ petition...


Feb 11 2016

Megatrends Inc. Vs. The Commissioner of Income Tax, Chennai and Anothe ...

Court: Chennai

Decided on: Feb-11-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records and quash the impugned show case notice for enhancement of assessment issued by the first respondent in ITA No.83/2015-16 (wrongly mentioned as ITA No.85/2015-16) dated 6.11.2015 for the assessment year 2012-13.) 1. The petitioner has filed the above writ petition to issue a Writ of Certiorari to call for the records and quash the impugned show cause notice for enhancement of assessment issued by the first respondent in ITA No.83/2015-16 (wrongly mentioned as ITA No.85/2015-16) dated 6.11.2015 for the assessment year 2012-13. 2. According to the petitioner, it is a Partnership Firm trading in stocks, shares, debentures, manufacturing, buying, selling and transporting of various consumer and industrial commodities. The petitioner filed its Return for Assessment Year 2012-2013 on 29.09.2012, admitting a total income of Rs.1,74,36,050. The Return of Income was ...


Feb 10 2016

K. Ramapandi Trading as Vasanthi and Co. and Tamil Nadu Oil Industries ...

Court: Chennai

Decided on: Feb-10-2016

(Prayer in C.S.No.48 of 1994: Civil Suit filed under Order IV Rule 1 of Original Side Rules r/w. Order VII Rule 1 C.P.C. and Sections 134 and 135 of the Trade Marks Act, 1999 praying of a judgment and decree: (a) granting a permanent injunction, restraining the Defendant, by itself, its servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Plaintiff's Registered Trade Mark 'SUNOLA' or the crown device upon the goods or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually phonetically or deceptively similar to the plaintiff's Registered Trade Mark SUNOLA or in any manner infringing the plaintiff's Registered Trade Mark No.1068081 and 1082514 in class 29. (b) granting a permanent injunction, restraining the respondent, by themselves, their servants, agents, men, or anyone claiming through them from manufacturing, marketing,...


Feb 10 2016

T. Subash and Others Vs. M. Sai Kumar, IAS and Others

Court: Chennai

Decided on: Feb-10-2016

(Prayer: Petition filed under Section 11 of the Contempt of Courts Act, praying to punish the respondents for their act of wilful disobedience of order passed by this Court in W.P.No.37024 of 2006 dated 20.06.2012.) 1. Mr.S.Namo Narayanan, Learned Counsel appearing for the Petitioner and Mrs.P.Rajalakshmi, Learned Government Advocate appearing for the Respondents are very much present. 2. The Learned Government Advocate for the Respondents brings it to the notice of this Court that the order passed by this Court in W.P.No.37024 of 2006 dated 20.06.2012 was complied with and in this regard, G.O.(2D)No.29, Public Works (C2) Department, dated 09.02.2016 was issued. 3. A cursory perusal of the contents of the aforesaid G.O.(2D)No.29, Public Works (C2) Department, dated 09.02.2016 at paragraph 11, reads to the following effect: 11. Accordingly, the Government direct that the Nominal Muster Roll services of Thiru T.Subash, Tmt.D.Hepsi, Thiru N.Prasad, Thiru J.John Thurai Singh and Thiru N.Ra...


Feb 10 2016

Delphin Fernandez Vs. Tiruchirapalli Municipal Corporation, Rep. by it ...

Court: Chennai Madurai

Decided on: Feb-10-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records on the file of the 2nd respondent pertaining to its impugned order Na.Ka.No. /20/F1(Ariya.) dated 14.01.2016 and to quash the same.) S. Manikumar J. 1. Impugned notice issued under Section 258 of the Tiruchirappalli City Municipal Corporation Act, 1994, reads as hereunder:- ( Tamil ?) 2. One of the main grounds of challenge to the impugned notice, is that there is a violation of principles of justice. Added further, the petitioner claims to have purchased the subject property, from one Vincent Paul Francis Pinto, who in turn, had purchased the same by a sale deed, dated 12.12.1929, formed a housing colony, and constructed houses bearing Nos.23A to 32, and formed a common pathway. 3. Tiruchirappalli City Municipal Corporation Act, 1994 (Act 27 of 1994), has been enacted in 1994. As per Section 2(h) of the said Act, all the words and expressions used in th...


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