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Chennai Court July 2016 Judgments

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Jul 19 2016

M/s. Arun Smelters Ltd. Vs. The Customs Excise and Service Tax Appella ...

Court: Chennai

Decided on: Jul-19-2016

S. Manikumar, J. 1. Civil Miscellaneous Appeal is directed against the Final Order Nos.614 and 615 of 2008, dated 24.06.2008, passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), South Regional Bench, Chennai, 1st respondent herein. 2. Facts leading to the appeals are that the appellant is engaged in the manufacture of non-alloy steel ingots and billets, falling under Chapter Sub-Heading No.7206.90 of the Schedule to the Central Excise Tariff Act, 1985, covered under Section 3A of the Central Excise Act, 1944, during compounding levy scheme. Two show cause notices were issued to the appellant on 24.03.1999, one for recovery of duty for the month of September, 1998 and the other, for recovery of duty for the period, from October, 1998 to February, 1999, both in terms of annual capacity of production and the consequential monthly duty liability fixed by the jurisdictional Commissioner. Both the notices also proposed penalty under Rule 96ZO(3) of the Central Excise R...


Jul 19 2016

Nagore Dargah represented by its Managing Trustee, Nagore Vs. J. Abu I ...

Court: Chennai

Decided on: Jul-19-2016

(Prayer: C. R. P. (NPD). No. 809 of 2015 filed under Section 115 of the Civil Procedure Code against the order and decreetal order dated 11. 03. 2013 made in I. A. No. 421 of 2012 in O. S. No. 30 of 1946 on the file of the District Court (Scheme Court), Nagapattinam.) 1. Since the issues involved in all the three Civil Revision Petitions are one and the same, by consent of the learned counsel on either side, the Civil Revision Petitions are taken up together and disposed of by this common order. 2. C. R.P. (NPD). No. 809 of 2015 arises against the fair and decreetal order passed in I. A. No. 421 of 2012 in O. S. No.30 of 1946 on the file of the District Court, Nagapattinam (Scheme Court). 3. C. R. P. (NPD). No. 80623 of 2016 arises against the fair and decreetal order passed in I. A. No. 498 of 2013 in O. S. No.3 0 of 1946 on the file of the District Court, Nagapattinam (Scheme Court). 4. C. R.P. (NPD). No. 80627 of 2016 arises against the fair and decreetal order passed in I. A. No. 4...


Jul 19 2016

Rani and Others Vs. Sivanathan and Another

Court: Chennai

Decided on: Jul-19-2016

(Prayer: Appeal against the fair and decretal order dated 30.09.2015 passed in M.C.O.P.No.201 of 2003, on the file of the Motor Accidents Claims Tribunal (Additional District Judge), Dharmapuri.) S. Manikumar, J. Wife, daughter and sons of the deceased have preferred a claim for compensation of the death of 52 year old Man, said to have worked as Senior Assistant in State Bank of India. 2. It is the case of the claimants that on 12.09.2002, while the deceased was proceeding near Annalampatty in the 1st respondent's motorcycle, bearing Registration No.TN 29 M 1722, from Harur to Bethur, to perform the work assigned by the 1st respondent, there was a head-on-collision with another two-wheeler, coming in the opposite direction. He sustained injuries and succumbed to the same in the hospital, on the same day. In this regard, a case in Cr.No.762 of 2002, for the offences under Sections 304(A) IPC., has been registered on the file of Harur Police Station. According to the legal representativ...


Jul 19 2016

S. Rajesh Vs. The Deputy Inspector General of Police, Salem and Others

Court: Chennai

Decided on: Jul-19-2016

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the order in No.231/2, dated 6.4.2015 of the 3rd Respondent and to quash the same and to direct the Respondents 3 and 4 to relieve the Petitioner from the services of the post of Navik (QA) 12457-Q with all attendant benefits from the date of appointment.) 1. This Writ Petition is filed to issue a Writ of Certiorarified Mandamus to call for the records relating to the order in No.231/2, dated 6.4.2015 of the 3rd Respondent and to quash the same and to direct the Respondents 3 and 4 to relieve the Petitioner from the services of the post of Navik (QA) 12457-Q with all attendant benefits from the date of appointment. 2. This court heard the learned counsel on either side and also perused the materials placed on record. 3. The Petitioner herein, an Engineering Graduate, has originally joined as Sailor/Navik in the Indian Coast G...


Jul 19 2016

G. Palanikumaran Vs. The Passport Authority Officer, Regional Passport ...

Court: Chennai Madurai

Decided on: Jul-19-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to issue new passport to the Petitioner on the basis of the Petitioner's application dated 12.09.2013.) 1. The learned counsel on record for the petitioner has circulated a letter, dated 01.07.2016 to the Registry, seeking permission of this Court to withdraw the Writ Petition. The said letter is placed on record. 2.In view of the same, the Writ Petition is dismissed as withdrawn. No costs....


Jul 19 2016

The Commissioner of Income Tax, Chennai Vs. M/s. Tamil Nadu Tourism De ...

Court: Chennai

Decided on: Jul-19-2016

S. Manikumar, J. 1. Tax Case Appeals have been filed against the common orders, made in I.T.A. Nos. 550 and 551/Mds/2010 and Cross-Appeals. 2. Facts leading to the appeals are that the assessee, M/s. Tamil Nadu Tourism Development Corporation Ltd., filed returns for the assessment year 2005-06 on 31.10.2005 and a revised return on 06.06.2006, admitting the total income of Rs. 2,12,97,601/-. For the assessment year 2006-07, the assessee filed returns on 27.11.2006, admitting the total income of Rs. 2,05,70,640/-. Returns were processed under Section 143(1), selected for scrutiny and notice under Section 143(2) was issued. 3. After enquiry, assessment was completed and vide order, dated 05.12.2012, the following additions were made to the income of the assessee for the assessment year 2005-06: 30% deduction claimed for franchise income as discussed above50,88,343/-Interest on Government Loan as discussed above17,55,632/-Thiruvalluvar statue expenses as discussed above45,34,350/-Prior per...


Jul 19 2016

T. Udhayakala Vs. The District Collector, Trichy and Others

Court: Chennai Madurai

Decided on: Jul-19-2016

(Prayer: Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the person or the body of the detenu/petitioner's husband namely Thayapararaj, S/o.Kathirvelu, aged about 35 years before this Court and set him at liberty.) 1. The petitioner, who is a Sri Lankan Refugee and mother of three minor children, has come up with this Habeas Corpus Petition, to direct the respondents to produce her husband, by name, Thayapararaj, S/o.Kathirvelu, before this Court, alleging that he is illegally detained by the police. 2. It is the case of the petitioner that the family members were detained by the police on allegation of travelling without passport. The detenu-Thayapararaj was convicted by the learned Judicial Magistrate, Rameswaram. The convict has undergone the imprisonment and was released on 08 October, 2015. It is the contention of the petitioner that thereafter, he was illegally detained by the res...


Jul 19 2016

The Secretary to Government, State of Tamil Nadu, Chennai and Others V ...

Court: Chennai Madurai

Decided on: Jul-19-2016

(Prayer: Writ Appeal under Clause 15 of the Letters Patent, against the order made in W. P. (MD) No. 7296 of 2013, dated 03. 01. 2014.) 1. Challenge in this appeal is to an order made in W.P.(MD)No.7296 of 2013, dated 03.01.2014, by which, the Writ Court has set aside the order, dated 17.02.2008 in P.R.No.03/07, passed by the Commandant, TSP IX Battalion, Manimuthar, Tirunelveli, 3rd appellant herein, and also the order, dated 25.03.2013, passed by the Deputy Inspector General of Police, Armed Police, Trichy, 2nd appellant herein. 2. Facts of the case are that the respondent's father, died on 05.12.1996, in harness, while he was working as cook. The respondent signed his verification roll on 26.09.2000. He was appointed as Grade II Police Constable on 01.07.2002, on compassionate grounds. Thereafter, on 19.05.2006, he was promoted as Nayak. In the year 2007, a charge memo, dated 03.03.2007, was served on the respondent, on the grounds that he had suppressed the factum of employment of ...


Jul 19 2016

The Competent Authority SAFEM (FOP) and NDPS Acts, Chennai Vs. M. Khad ...

Court: Chennai Madurai

Decided on: Jul-19-2016

(Prayer: This writ petition is filed under Article 226 of Constitution of India to issue a Writ of Certiorari to call for the records of the 2nd respondent in proceedings in FPA NO.33/MDS/2005, dated 30.7.2010, received by the petitioner on 13.12.2010 and to quash the same.) R. Mahadevan, J. 1. In this writ petition, the petitioner seeks to quash the order of the 2nd respondent dated 30.7.2010, setting aside the order of forfeiture dated 30.9.2005 passed by the petitioner. 2. The facts of case, in a nutshell, of the petitioner are that the wife of the 1st respondent Halthija Maimoon was convicted for violation of Foreign Exchange Regulation Act (herein after called as FERA) for foreign currency violations by order dated 1.9.1986 of the Additional Chief Magistrate, Madurai. The 1st respondent being the spouse of the convict, comes within the definition of relative as per the explanation 2 of section 2(2)(c) of the Smugglers and Foreign Exchange Manipulator (Forfeiture of Property) Act, ...


Jul 19 2016

K.M. Manoharan Vs. The Tahsildar, Dindigul and Another

Court: Chennai Madurai

Decided on: Jul-19-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to measure and demarcate the petitioner properties comprised in Survey No. 826/13B, 826/14, 826/15 situated at Pallapatti Village, Dindigul Taluk, Dindigul District and lay boundary stones in all four boundaries of it based on the petitioner's representation dated 05.07.2016 within stipulated time as fixed by this Hon'ble Court.) 1. Heard both sides. 2. By consent, the main writ petition itself is taken up for final disposal. 3. No counter is filed on behalf of the respondents. 4. According to the petitioner, his representation dated 05.07.2016 making a request for measuring and demarcating the properties in Survey No. 826/13B, 826/14, 826/15 situated at Pallapatti Village, Dindigul Taluk, Dindigul District and lay boundary stones in all four boundaries, based on the said representation, has not met with positive response from the concerned authorities. ...



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