Chennai Court March 2016 Judgments
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The Managing Director, Tamil Nadu State Transport Corporation, Tirunel ...
Court: Chennai Madurai
Decided on: Mar-14-2016
(Prayer: The Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicle Act, against the judgment and decree made in M.C.O.P.No.1408/2010, dated 11.09.2012 on the file of the Motor Accident Claims Tribunal / II nd Additional District Court, Tirunelveli.) S. Manikumar, J. 1. Challenge in this appeal is to the finding of the Motor Accident Claims Tribunal, (II Additional District Judge), Tirunelveli, fixing negligence on the driver of appellant transport Corporation bus, bearing Reg.No.TN-72-N-1279 and the quantum of compensation of Rs.21,40,000/- with interest, at the rate of Rs.7.5% per annum. 2. Short facts leading to the appeal are that on 06.10.2010, at about 4.00 p.m., when Meenakshi Sundaram was riding a motorcycle, bearing Reg.No.TN-74-H-7913, on Parakkai Road Junction to Edalakudi Main Road, opposite to Kottar Devasahayam Saw Mill, a bus belonging to the appellant transport Corporation, bearing Reg.No.TN-72-N-1279, which came in the opposite direction, driven in a ...
Regen Infrastructure and Services (P.) Ltd. Vs. Central Board of Direc ...
Court: Chennai
Decided on: Mar-14-2016
1. The petitioner has filed the above Writ Petition to issue a writ of Certiorarified Mandamus, to call for the records of the first respondent in F.No.312/19/2014-OT dated 05.05.2014 and to quash the same and consequently, direct the first respondent to accept the return of income filed by the Petitioner Company for the assessment year 2010-11 under Section 139(1) of the Act after affording a reasonable opportunity of personal hearing. 2. According to the petitioner, it is a Private Limited Company incorporated under the provisions of the Companies Act and engaged in the business of execution and commissioning of Wind Turbine Generators. As per Section 139 of the Income Tax Act, 2006, the due date for filing of returns is on 30th September of the relevant Assessment year. For the impugned assessment year, the Ministry of Finance-Government of India vide notification in No.402/92/2006-MC (42 of 2010) dated 29.09.2010 has extended the last date for filing of income tax returns from 30.0...
Santhanam and Another Vs. The Superintendent of Police, Pudukkottai an ...
Court: Chennai Madurai
Decided on: Mar-14-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register a case based on complaint given by the petitioner dated 18.02.2016.) 1. This petition has been filed to direct the 2nd respondent to register a case based on complaint given by the petitioner dated 18.02.2016. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3. On reading of the complaint, it appears that the petitioner supplied some goods to the opposite party on credit basis and the opposite party has not repaid them and closed the shop and the complaint essentially appears to be a civil transaction. Therefore, no positive direction can be issued to the respondent police to register an FIR. Hence, this Criminal Original petition is closed with liberty to the petitioner to work out his remedy before the appropriate forum in the manner known to law....
Suyambulingam Vs. The Superintendent of Police, Tuticorin and Another
Court: Chennai Madurai
Decided on: Mar-14-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent police to register a case on the complaint of the petitioner dated 08.12.2015.) 1. This petition has been filed to direct the 2nd respondent police to register a case on the complaint of the petitioner dated 08.12.2015. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3. On reading of the complaint, it appears that the alleged transaction had taken place some time in the year 1997 and the dispute essentially appears to be civil in nature. Hence, no positive direction can be issued to the respondent police to register an FIR on the complaint dated 08.12.2015, given by the petitioner. Therefore, this Criminal Original petition is closed with liberty to the petitioner to work out his remedy before the appropriate forum in the manner known to law....
S.P. Dhanalakshmi and Another Vs. State Rep. by The Sub-Inspector of P ...
Court: Chennai Madurai
Decided on: Mar-14-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records relating to C.C.No.46 of 2015 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai.) This petition has been filed to call for the records relating to C.C.No.46 of 2015 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai. 2. Heard the learned counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the State and the learned counsel for R2. 3. On the complaint lodged by Keerthana (Defacto Complainant / 2nd Respondent herein), the 1st respondent police have registered a case in Crime No.3 of 2015 for offences under Sections 498(A), 406 and 506(ii) IPC against Vijay Karthick (A1), Hariharan (A2), Selvi (A3), Dhanalakshmi (A4) and Ammupriya (A5) and after investigation, the Police have filed a final report before the learned Judicial Magistrate, Additional Mahila Court, Madurai, which was taken on file i...
Veerachamy and Another Vs. R. Chandra and Others
Court: Chennai Madurai
Decided on: Mar-14-2016
(Prayer: The Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicle Act, against the Judgment and Decree, dated 23.04.2003 passed in M.C.O.P.No.656 of 1999 on the file of MACT, Additional District Judge cum Chief Judicial Magistrate, Karur.) S. Manikumar, J. 1. Challenge in this appeal is to the quantum of compensation of Rs.36,50,000/- with interest, at the rate of 9% per annum, from the date of claim petition, till the date of realisation, awarded to the legal representatives of the deceased in M.C.O.P.No.656 of 1999, on the file of Motor Accident Claims Tribunal, (District Judge cum Chief Judicial Magistrate), Karur, by award dated 23.04.2003. 2. As the Challenge is restricted only to quantum, this Court is of the view that there is no need to advert to the findings regarding fixing negligence, and the liability fastened on the United India Insurance Company Limited, Arupukkottai / the 2nd appellant herein, to pay compensation. 3. Short facts leading to the appeal ar...
Suresh Vs. The State represented by the Inspector of Police
Court: Chennai
Decided on: Mar-14-2016
(Prayer: Appeal filed under section 374[2] Cr.P.C., against the judgment passed in SC.No.181/2010 on the file of the learned Additional District and Sessions Judge, Fast Track Court, No.V, Coimbatore at Tirupur dated 28.02.2011.) S. Nagamuthu, J, 1. The appellant is the sole accused in SC.No.181/2010 on the file of the learned Additional District and Sessions Judge, Fast Track Court No.5, Coimbatore at Tirupur. He stood charged for the offence u/s.302 IPC and vide judgment dated 28.02.2011, the Trial Court convicted him for the said offence and sentenced him to undergo imprisonment for life and no fine amount was imposed. Challenging the said conviction and sentence, the appellant/accused is before this Court with this appeal. 2 The case of the prosecution in brief, is as follows:- [a] The deceased in this case was one Selvi. She was hardly aged about 21 years at the time of her death. P.W.7 is the father of the deceased. P.W.7 and his family members including the deceased were residin...
The State of Tamil Nadu, Rep. by its Secretary, School Education (C2) ...
Court: Chennai Madurai
Decided on: Mar-14-2016
(Prayer: Writ Appeal filed under Clause 15 of Letter Patent against the order dated 21.01.2016 passed in W.M.P.(MD) No.1106 of 2016 in W.P.(MD) No.1327 of 2016 on the file of this Hon'ble Court.) Common Judgment: S. Manikumar, J. In all the present appeals, the common challenge made is to the orders passed by the writ Court, directing the appellants to grant temporary approval, and to pay the salary to the 1st respondent/writ petitioners, from the date of appointment, till the date of disposal of the writ petitions. In some cases, the impugned orders are to the effect to pay salary. 2. Issue involved in all these writ appeals are similar. Learned counsel appearing for all parties in the appeals, have consented that, they are agreeable that an order passed in W.A.(MD) No.220/2016 dated 05.02.2016, be passed in the present appeals also, details of which are given below. Thus by consent, all the present appeals are taken up together and disposed of by this common judgment. 3. On an earlie...
Murugeswari and Others Vs. The Superintendent of Police, Sivagangai an ...
Court: Chennai Madurai
Decided on: Mar-14-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register F.I.R. on the basis of the complaint preferred by the petitioner dated 09.02.2016.) 1. This petition has been filed to direct the 2nd respondent to register F.I.R. on the basis of the complaint preferred by the petitioner dated 09.02.2016. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State, who would submit that on the complaint dated 09.02.2016, given by the petitioner, a petition enquiry was conducted and the same was subsequently closed on 07.03.2016. Recording the same, this Criminal Original Petition is closed with liberty to the petitioner to work out her remedy before the appropriate forum in the manner known to law....
Sri Chakra Polymers, Madurai Vs. The Commercial Tax Officer, Madurai
Court: Chennai Madurai
Decided on: Mar-14-2016
(Prayer in W.P(MD)No.5063 of 2016:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records on the file of the respondent herein in TIN No.33326232311/2013-14 dated 30.09.2015 and quash the same as invalid, illegal, invalid against the Principles of natural justice insofar as the same has been passed without grant of proper opportunity and personal hearing of the petitioner and pass orders as this Court may deem fit. W.P(MD)No.5064 of 2016:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records on the file of the respondent herein in TIN No.33326232311/2014-15 dated 05.10.2015 and quash the same as invalid, illegal, invalid against the Principles of natural justice and against the provisions of Section 22(4) of the Tamil Nadu Value Added Tax Act, 2006 insofar as the same has been passed without grant of proper opportunit...