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Chennai Court March 2016 Judgments

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Mar 07 2016

M/s. Vaaman Texprint Private Limited (formerly M/s. C.S.R. Fabrics Pri ...

Court: Chennai

Decided on: Mar-07-2016

(Prayer: Petition filed under Article 226 of The Constitution of India praying for a Writ of Mandamus directing the respondents 1 to 3 to open the price bid of the petitioner and consider the same in the awarding of the tender in respect of processing of uniform cloth free supply of Uniform scheme 2015-2016 (Academic year 2016-2017) in accordance with law. Prayer amended as follows:- Petition filed under Article 226 of The Constitution of India praying for a Writ of Certiorarified Mandamus calling for the papers culminating in the impugned order/notice dated nil. passed by the respondents 1 to 3 declaring the petitioner as ineligible for the opening of the price bid and displayed on the notice board of the said respondents after the working hours on 12.02.2016 and quash and set aside the same and consequently declare the petitioner as an eligible tenderer and open the petitioner's price bid and award the contract to the petitioner in accordance with law. (Prayer in the writ petition ha...


Mar 07 2016

K. Maiyyan Vs. The Regional Passport Officer Royala Towers and Others

Court: Chennai

Decided on: Mar-07-2016

(Prayer: Petition filed under Article 226 of The Constitution of India praying for a Writ of Mandamus directing the respondents 1 to 3 to take appropriate action against the fourth respondent under the Passport Act and under the Immigration Law, so as to cancel the passport and visa granted to the 4th respondent under Passport No. F2367353 in File No.6004387/2005 dated 05.04.2005 by recalling the 4th respondent from the United States of America by passing suitable orders on the petitioner's representatiuon dated 15.02.2015.) 1. The petitioner has come forward with this writ petition to issue a Mandamus to the respondents 1 to 3 to take appropriate action against the fourth respondent under the Passport Act and under the Immigration Law by cancelling the passport and visa granted to him under Passport No. F2367353 in File No.6004387/2005 dated 05.04.2005 and to recall the 4th respondent from United States of America by passing suitable orders on the petitioner's representatiuon dated 15...


Mar 07 2016

Muthaiah Vs. State rep by the Superintendent of Police, Tuticorin and ...

Court: Chennai Madurai

Decided on: Mar-07-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to give necessary police protection to the petitioner for running a Selvalakshmi Auto and Engineering works at 2-b jeyaraj Road Tuticorin 3 of the petitioner's company.) 1. This petition has been filed to direct the 2nd respondent to give necessary police protection to the petitioner for running a Selvalakshmi Auto and Engineering works at 2-b jeyaraj Road Tuticorin 3 of the petitioner's company. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3. It is submitted that on the complaint lodged by the 2nd petitioner's father that his daughter has gone missing, the respondent police is conducting enquiry in CSR No.16 of 2016. 4. Learned counsel for the petitioners submitted that the 1st petitioner has married Adaikkammai / 2nd petitioner herein, which is opposed by Adaikkammai's father. 5. Under such circumstance...


Mar 07 2016

Madhammal Vs. State rep. by Inspector of Police, Perumanallur Police S ...

Court: Chennai

Decided on: Mar-07-2016

(Prayer: Appeal filed under Section 374(2) of the Criminal Procedure Code against the judgment of conviction and sentence imposed by Additional District and Sessions Judge, Fast Track Court No.5, Tirupur in S.C.No.189 of 2011, by its judgment, dated 17.11.2011.) 1. This Criminal Appeal has been filed against the conviction and sentence passed by the Additional District and Sessions Court, Fast Track Court V, Tiruppur, in S.C.No.189 of 2011, by its judgment, dated 17.11.2011, convicting the appellant for the offence under Section 302 of the Indian Penal Code, 1860, and sentencing her to undergo the punishment of life imprisonment. 2. The brief facts of the case necessary for the disposal of the above Criminal Appeal are as follows: 2.1) The accused Madammal is the wife of the deceased Rajendran. They had three daughters and one son. Both the accused and the deceased had been working as construction workers. The deceased Rajendran is a drunkard. He used to come home drunk and beat up his...


Mar 07 2016

Rasathi Vs. State rep by the Inspector of Police Jayankondam Police St ...

Court: Chennai

Decided on: Mar-07-2016

(Prayer: This Criminal Appeal has been preferred to set aside the conviction and sentence imposed in S.C.No.27/2012 dated 29.06.2012 on the file of the Principal District and Sessions Judge, Ariyalur District.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.27 of 2012 on the file of the learned Principal District and Sessions Judge, Ariyalur. He stood charged for offences under Sections 302 and 307 IPC. By judgment dated 29.06.2012, the trial Court convicted him under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for one year for the offence under Section 302 IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2,500/-, in default to undergo rigorous imprisonment for six months for the offence under Section 307 IPC. Challenging the said conviction and sentence, the accused/ appellant is before this Court with this appeal. 2. The case of the pro...


Mar 07 2016

M/s. TRIL Inforpark Limited, Chennai Vs. The Income Tax Officer (TDS), ...

Court: Chennai

Decided on: Mar-07-2016

V. Ramasubramanian, J. 1. The above tax case appeal filed by the assessee was originally admitted on 16.9.2015, on two substantial questions of law. Subsequently, when the matter came up for hearing on 30.10.2015, a request was made to re-frame the questions already framed and also to consider one more question. Therefore, we framed the following three questions of law as arising for consideration in this appeal on 30.10.2015: "(i) Whether the period of limitation stipulated under Section 201(3) of the Act would commence from the end of the financial year of filing of the TDS statement for the relevant first quarter in which the impugned payment was made or from the end of the financial year of filing of the revised TDS statement for the second quarter and whether the answer to this question would depend upon the nature and contents of the revised TDS statement filed for the second quarter? (ii) Whether an upfront payment made by a person for winning a long term lease for a period of 9...


Mar 07 2016

K. Srikanth Vs. The Superintendent of Police, Karur and Others

Court: Chennai Madurai

Decided on: Mar-07-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents to take necessary action on the basis of the petitioner's complaint dated 27.02.2016.) 1. This petition has been filed to direct the respondents to take necessary action on the basis of the petitioner's complaint dated 27.02.2016. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3. It is the case of the petitioner that he was in love with one Sowmya and that Sowmya's father is illegally detaining her, because, they are opposed to the marriage. Therefore, the petitioner sent a complaint to the respondent police, based on which, a petition enquiry has been conducted in CSR No.29 of 2016, in which both the petitioner and Sowmya were called to the Police Station. During enquiry, Sowmya is said to have stated that she is living with her parents and she is not in love with the petitioner. The petitioner has already gi...


Mar 07 2016

Sri Kanchi Kamakoti Peetathipathi Jayendra Saraswathy Sankara Matricul ...

Court: Chennai

Decided on: Mar-07-2016

(Prayer: Petition filed under Article 226 of The Constitution of India praying for a Writ of Declaration declaring that GO (2D) No.48 dated 21.07.2004 issued by the first respondent is null and void as it is ultra vires the provisions of the Constitution of India.) 1. The petitioner institution has come up with this writ petition questioning the validity of the order passed by the Government in GO (2D) No.48, School Education Department dated 21.07.2004 whereby the Government prescribed possession of minimum extent of land for running the Matriculation Schools as a condition precedent for grant of approval and/or recognition in their favour. 2. The facts which led to the institution of this writ petition can be stated in brief as follows:- (i) The petitioner is a private primary school functioning under the Educational Agency called Sankara Vidyalaya Trust, Kancheepuram. The petitioner school is imparting education to 360 students from LKG to Standard V. The petitioner school has been ...


Mar 07 2016

T. Alamelu Vs. The State of Tamil Nadu, Rep by Secretary to the Govern ...

Court: Chennai

Decided on: Mar-07-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the records in connection with the order of detention passed by the 2nd respondent dated 10.8.2015 in Memo No.BCDFGISSSV No.21/2015 dated 10.8.2015 against the petitioner's wife S.Thirumalai, son of Sivalingam, aged 35 years, who is confined at Central Prison, Puzhal, Chennai, and set aside the same and direct the respondents to produce him before this Court and set him at liberty.) M. Jaichandren, J. 1. This Habeas Corpus Petition has been filed by the wife of the detenu, namely, S.Thirumalai, aged 35 years, son of Sivalingam, to issue a Writ of Habeas Corpus, to call for the records in Memo No.BCDFGISSSV No.21/2015 dated 10.8.2015, passed by the 2nd respondent, detaining the detenu, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sa...


Mar 07 2016

U. Sella Mani Vs. State rep by the Superintendent of Police, Tirunelve ...

Court: Chennai Madurai

Decided on: Mar-07-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to order for reinvestigation in Crime No.326 of 2013 on the file of the 2nd respondent to be conducted by the 3rd respondent.) 1. This petition has been filed to order for reinvestigation in Crime No.326 of 2013 on the file of the 2nd respondent to be conducted by the 3rd respondent. 2. When the matter was taken up for hearing, learned Government Advocate (Crl.Side) submits that the investigation in Crime No.326 of 2013 has been completed and the case has been closed as mistake of fact on 20.04.2015 and a report has also been filed before the learned Judicial Magistrate, Ambasamudram. 3. In view of the submission made by the learned Government Advocate (Crl.Side), 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....


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