Chennai Court March 2016 Judgments
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The Management of G.T.N. Engineering (India) Ltd., rep. by its Manager ...
Court: Chennai
Decided on: Mar-03-2016
(Prayer :Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari to call for the records relating to I.D.Nos.283/2005, 10/2006 and 14/2006 on the file of the Labour Court, Coimbatore, the first respondent, and quash the Common Preliminary Award dated 13.03.2013.) 1. The question that arises for consideration in this writ petition is as to whether this Court shall refuse to intervene at the preliminary stage of the industrial adjudication. 2. This question is particularly often agitated by the employers to unsettle the settled law on the subject. In the words of the Apex Court in D.P.Maheshwari V. Delhi Administration and Others reported in (1983) 4 SCC 293, there was a time when it was thought prudent and wise policy to decide preliminary issues first. But the Apex Court has ruled in that judgmentthat the time appears to have arrived for reversal of that policy. The said pronouncement was made, taking note of the dilatory tactic...
P. Thiyagarajan Vs. State Rep. by The Inspector of Police, Veeravanall ...
Court: Chennai Madurai
Decided on: Mar-03-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents particularly the 1st respondent to register the complaint of the petitioner dated 12.02.2016 and investigate the same in accordance with law and also file the final report forthwith.) 1. This petition has been filed to direct the respondents particularly the 1st respondent to register the complaint of the petitioner dated 12.02.2016 and investigate the same in accordance with law and also file the final report forthwith. 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 12.02.2016, given by the petitioner, a petition enquiry was conducted and the same was subsequently closed on 17.02.2016. A copy of the Closure Report has been furnished to the learned counsel for the petitioner across the bar. Recording the same, this Criminal Original Petition is closed with liberty t...
M. Siraj Nisha Vs. Kathirvel
Court: Chennai Madurai
Decided on: Mar-03-2016
(Prayer: This contempt petition is filed under Section 11 of the Contempt of the Courts Act, 1971 praying to initiate contempt proceedings against the Contemnor/Respondent and punish him fro the willful disobedience of the order of this Court in Crl.O.P.(MD) No.24220 of 2015 dated 19.12.2015.) 1. This contempt petition has been filed for punishing the respondent herein for wilfully disobeying the orders of this Court dated 19.12.2015 made in Crl.O.P.(MD) No.24220 of 2015. 2. Learned Government Advocate (Crl.Side) would submit that pursuant to the order passed by this Court dated 19.12.2015, a case in Crime No.605 of 2016 for offences under Sections 294(b), 406, 420 and 506(ii) IPC has been registered on 27.02.2016. 3. In view of the above submission, this Court is of the view that nothing survives for further adjudication in this Contempt Petition. Hence, the Contempt Petition is closed. No costs....
Mathiyazhagan Vs. State rep by The Superintendent of Police, Trichy an ...
Court: Chennai Madurai
Decided on: Mar-03-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to file the final report in Crime No.315 of 2014 pending on the file of the 2nd respondent police.) 1. This petition has been filed to direct the 2nd respondent to file the final report in Crime No.315 of 2014 pending on the file of the 2nd respondent police. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that final report in this case has been filed on 16.10.2014 before the learned Judicial Magistrate, Musiri and the same was returned by the Magistrate on 09.04.2015, Thereafter, the Police have not yet re-presented the same. 3. The respondent police is directed to re-present the final report before the Magistrate expeditiously within one month from the date of receipt of a copy of this order. With the above direction, this petition is disposed of....
Haridoss and Another Vs. State rep. By the Inspector of Police
Court: Chennai
Decided on: Mar-02-2016
(Prayer:- Criminal Appeal filed under Section 374(2) Cr.P.C., against the conviction and sentence made in S.C.No.58 of 2009 dated 10.12.2011 on the file of the learned Sessions Judge, Nagapattinam in convicting the appellants for the offence under Section 302 I.P.C., and sentence them to undergo life imprisonment and to pay a fine of Rs.5,000/- each i/d to undergo simple imprisonment for three years.) S. Nagamuthu, J. 1. The appellants are the accused 1 and 2 in S.C.No.58 of 2009 on the file of the learned Sessions Judge, Nagapattinam. They stood charged for offence under Section 302 I.P.C. By judgment dated 10.12.2011, the trial Court convicted them for offence under Section 302 I.P.C., and sentenced them to undergo imprisonment for life and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for three years. Challenging the said conviction and sentence, the accused 1 and 2/appellants are before this Court with this Criminal Appeal. 2. The case of the prosecution, in...
B.S. Narayanan Vs. B.S. Anandan and Others
Court: Chennai Madurai
Decided on: Mar-02-2016
(Prayer : Civil revision petition is filed against the fair order and decretal order, dated 10.4.2015 and made in I.A.No.157 of 2015 in O.S.No.116 of 2013 on the file of the III Additional District Judge, Tiruchirappalli.) 1. This memorandum of civil revision has been directed against the fair and decretal order, dated 10.4.2015 and made in the interlocutory application in I.A.No.157 of 2015 in the suit in O.S.No.116 of 2013 on the file of the III Additional District Judge, Tiruchirappalli. 2. The revision petitioner herein is the plaintiff whereas the respondents 1 to 5 are the defendants in the suit in O.S.No.116 of 2013. 3. The petitioner has filed the above suit as against the respondents seeking the relief of partition by dividing the suit properties into five equal shares and allot one such share to him and also for the consequential relief of injunction restraining the 10th defendant in the suit, who is the Special Tahsildar (Land Acquisition), National Highways, NH Office, Kula...
Kansul Mahariba and Others Vs. State through the Inspector of Police, ...
Court: Chennai Madurai
Decided on: Mar-02-2016
(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to quash the proceedings in FIR in Crime No.214 of 2013 dated 11.11.2013 on the file of the 1st respondent.) 1. This petition has been filed seeking to quash the case registered in Crime No.214 of 2013 dated 11.11.2013 on the file of the 1st respondent police, pursuant to the amicable settlement effected between the parties. 2. It is seen that a case in Crime No.214 of 2013 for the alleged offences under Sections 452, 427, 294(b) and 506(i) IPC r/w 109 IPC, has been registered against the petitioners / A1 to A4. 3. When the matter is taken up for hearing, the petitioners/Accused and the second respondent, appeared in persons and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Crl.Side) through the respondent Police. Learned counsel appearing for the parties also endorsed the identify of their respective partie...
M. Gurusamy Vs. The Superintendent of Police, Virudhunagar and Others
Court: Chennai Madurai
Decided on: Mar-02-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to transfer the investigation in Crime No.10 of 2015 on the file of the 3rd respondent to the 2nd responent for fair and proper investigation and to file the final report in accordance with law.) 1. This petition has been filed to transfer the investigation in Crime No.10 of 2015 on the file of the 3rd respondent to the 2nd responent for fair and proper investigation and to file the final report in accordance with law. 2. When the matter was taken up for hearing, learned Government Advocate (Crl.Side) would submit that the investigation in Crime No.10 of 2015 has been completed and a closure report has also been filed before learned Judicial Magistrate No.II, Virudhunagar on 24.07.2015. He would further submit that RCS notice has been served on the petitioner 3. Recording the submission made by learned Government Advocate (Crl.Side), this Criminal Original Petition is closed with liberty to the petitioner t...
Rajkumar and Others Vs. The Superintendent of Police, Theni and Anothe ...
Court: Chennai Madurai
Decided on: Mar-02-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 2nd respondent herein to grant permission to conduct the cultural function at Arulmigu Sri Kaliamman Temple Odaipatti in connection with the celebration of the Arulmigu Sri Kaliamman festival on the 7th day to 9th day of March 2016.) 1. This writ petition has been filed, seeking a direction to the 2nd respondent herein to grant permission to conduct the cultural function at Arulmigu Sri Kaliamman Temple Odaipatti in connection with the celebration of the Arulmigu Sri Kaliamman festival on the 7th day to 9th day of March 2016. 2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct cultural function in Arulmigu Sri Kaliamman Temple Odaipatti in connection with the celebration of the Arulmigu Sri Kaliamman festival on the 7th day to 9th day of March 2016. He would further submit that in this connection, a representation was...
Manoj Metals and Another Vs. The Assistant Commissioner, Chennai.
Court: Chennai
Decided on: Mar-02-2016
1. These writ petitions have been filed to issue a Writ of Certiorarified Mandamus to call for the impugned proceedings of the respondent in TIN 33891161274/2012-2013 and TIN 33891161274/2013-2014, dated 30.11.2015 and 15.12.2015 respectively and quash the same and further direct the respondent to pass a fresh assessment order after providing the details and an opportunity sought for by the petitioner in its objections, dated 12.5.2015 and 22.6.2015 and written submissions, dated 14.9.2015. 2. The facts, which are necessary for the disposal of these writ petitions, are as follows: 2.1. The claim of the petitioner is that, they, being the registered dealers in SS Circles, SS Patti and SS Magnet Sheets, used to buy goods from local registered dealers on payment of Value Added Tax (in short 'VAT') and effect further sales inside the State and claimed Input Tax Credit (in short 'ITC') in its returns and adjusted the same while paying output tax. 2.2. While so, the place of business of the ...
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