Chennai Court August 2016 Judgments
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Rajani and Another Vs. Gopakumaran Nair and Another
Court: Chennai
Decided on: Aug-03-2016
(Prayer: Criminal Original Petitions filed under Section 482, Cr.P.C. to call for the records in Crl.M.P. Nos.1572 and 1573 of 2016 in C.C. Nos.158 and 159 of 2015 respectively on the file of the Judicial Magistrate (Fast Track Court) Alandur, Chennai and examine the correctness of the orders dated 13.06.2016 passed in Crl.M.P. Nos.1572 and 1573 of 2016 in C.C.Nos.158 and 159 of 2015 respectively and set aside the same.) Common Order: 1. This Criminal Original Petitions Have been filed to call for the records in Crl.M.P. Nos.1572 and 1573 of 2016 in C.C. Nos.158 and 159 of 2015 respectively on the file of the Judicial Magistrate (Fast Track Court) Alandur, Chennai and examine the correctness of the orders dated 13.06.2016 passed in said Criminal Miscellaneous Petitions and set aside the same.2. For the sake of convenience, the petitioner and the respondent will be referred to as accused and complainant respectively. 3. Heard the learned counsel for the accused and the complainant. 4. T...
M/s.Raj Petro Specialities Pvt. Ltd., Vs. The Principal Commissioner o ...
Court: Chennai
Decided on: Aug-03-2016
(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari to call for the records relating to the impugned show cause notice issued by the first respondent in Show Cause Notice No.011/2016 (C.No.V/15/27/65/2015-Adj), dated 24.02.2016 and quash the same as arbitrary, unsustainable, contrary to the settled principles of law and contrary to the provisions of the Central Excise Act.) 1. Heard Mr.K.Jayachandran, learned counsel appearing for the petitioner and Mr.A.P.Srinivas, learned Senior Panel Counsel, accepting notice on behalf of respondents. With the consent of the learned counsel on either side, the Writ Petition itself is taken up for final disposal. 2. The challenge in the present Writ Petition is to a Show-Cause Notice, dated 24.02.2016, by which, the respondent has called upon the petitioner to explain as to why an amount of 84,05,685/- quantified under Rule 6(3)(i) of the CENVAT Credit Rules, 2004 towards reversal of C...
Inderchand D. Kochar and Others Vs. The Assistant Commissioner of Inco ...
Court: Chennai
Decided on: Aug-03-2016
(Prayer: Tax Case Appeals filed under Section 260A of Income Tax Act, 1961 against the orders of the Income Tax Appellate Tribunal, Madras 'C' Bench dated 23/09/2015 in ITA Nos.1976/Mds/2014, 1978/Mds/2014, 1974/Mds/2014, 1975/Mds/2014 and 1977/Mds/2014.) S. Manikumar, J. 1. Instant Appeals, have been filed against the orders of the Income Tax Appellate Tribunal, 'C' Bench, Madras, dated 23/09/2015. Common substantial question of law raised in all appeals by the appellant is that : "whether the Appellate Tribunal is correct in law in not admitting the appeal without properly considering the reasons shown for the said belated filing of the appeal before them, proving perversity in their findings even though the belated filing of the appeal before them was in consequence to the change of auditor and further due to the time taken in pursuing the alternate remedy available under the statute while overlooking the decision of this Hon'ble Court reported in 153 ITR 596?" 2. Facts deduced from...
R. Veerachinnu and Another Vs. The District Collector, Dindigul Distri ...
Court: Chennai Madurai
Decided on: Aug-03-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondents to survey and to fix the boundaries of the properties of the petitioner at Survey No.447, 438/2, 449/1 and 20/5 of Kanavaipatti Village, Dindigul East Taluk, Dindigul District by considering the representation of the petitioner dated 23.06.2014.) The petitioners seek for a Mandamus directing the respondents to survey and to fix the boundaries of their properties situated at Survey No.447, 438/2, 449/1 and 20/5, Kanavaipatti Village, Dindigul East Taluk, Dindigul District, by considering their representation dated 23.06.2014 2. The case of the petitioner is that they are the owners of the properties in Survey Nos.447, 438, 449/1 and 20/5 in Kanavaipatti village, Dindigul District, by virtue of the registered sale deed dated 10.04.1997. The petitioners also submit that a patta has been given in the name of petitioners, as they are in possession and enjoymen...
Vasudeva Textiles Limited. Vs. State Industries Promotion Corporation ...
Court: Chennai
Decided on: Aug-03-2016
(Prayer: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of certiorarified mandamus to call for the records of the case on the file of the first respondent in LR No.ID/ST/SVTL/1997, dated 26.05.2003, quash the same and direct the first respondent to amend the eligibility certificate in EC 2 No.174/V/D/E, dated 24.11.1997 read with LR No.ID/St/SVTL/97, dated 12.01.1999 relating to expansion unit at Thekkupalayam, Gudalur Village, Coimbatore as regards the sales turnover on cotton yarn relating to the assessment year 1993-1994 as Rs.659.02 lakhs as against Rs.723.71 lakhs.) 1. Heard Mrs.Lakshmi Sriram, learned counsel for the petitioner and Mr.Ramesh Venkatachalapathy, learned counsel for the first respondent and Mr.S.Kanmani Annamalai, learned Additional Government Pleader, for the respondents 2 and 3. 2. The petitioner has filed this writ petition challenging the order passed by the first respondent rejecting the request made by the petitioner dated...
A. Sindhuja Vs. The Regional Director, Reserve Bank of India, Chennai ...
Court: Chennai Madurai
Decided on: Aug-03-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to credit a sum of Rs.18,00,000/- along with interest which was debited un-authorized from the Petitioner's Account No.0708104000047542 and to pay the same to the Petitioner within the time frame fixed by this Court.) 1. The learned counsel for the petitioner has made an endorsement in the typed-set of papers of the Writ Petition to the effect that the writ petitioner may be permitted to withdraw the Writ Petition. 2. Recording the aforesaid fact and the endorsement so made, the Writ Petition is dismissed as withdrawn. No costs....
K. Anitha Vs. The Branch Manager, Oriental Bank of Commerce, Madurai
Court: Chennai Madurai
Decided on: Aug-03-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to provide the educational loan amount of Rs.2,00,000/-(Rupees Two Lakhs only) to meet out the expenses pertaining to the Petitioner's B.E(Electrical and Electronics Engineering) studies at the K.L.N.College of Information Technology, Madurai based on the Petitioner's application dated 11.11.2014 and the subsequent representation dated 4.7.2016 within the time stipulated by this Court.) 1. Heard both sides. 2. By consent of both sides, 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, she had completed S.S.L.C at TVS Higher Secondary School, Madurai and scored 480 marks. Subsequently, she had completed +2 examination in the year March 2014 and she secured 1058 marks. She also attended the counselling and secured admission to Bachelor of Enginee...
Ravi Vs. State rep by Inspector of Police, Sevoor Police Station, Tiru ...
Court: Chennai
Decided on: Aug-03-2016
(Prayer: Appeal filed under Section 374 of the Code of Criminal Procedure against the judgment passed by the learned I Additional District and Sessions Judge, Tiruppur in S.C.No.114 of 2011 dated 18.10.2012.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.114 of 2011 on the file of the learned I Additional District and Sessions Judge, Tiruppur. He stood charged for offence under Section 302 I.P.C. By judgment dated 18.10.2012, the trial Court convicted him under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2,000/- in default to undergo rigorous imprisonment for three months. Challenging the said conviction and sentence, the appellant is before this Court with this appeal. 2. The case of the prosecution in brief is as follows: 2.1.The deceased in this case was one Mrs.Saraswathi. She was the wife of the accused. They belonged to Dindigul district. They have got a son out of the said wedlock. The accused was running a tea ...
A. Adhavan Vs. The Territory Manager, Bharat Petroleum Corporation Lim ...
Court: Chennai Madurai
Decided on: Aug-03-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to permit the petitioner to operate his business as represented by the petitioner in his representation dated 13/7/2016.) 1. Heard both sides. 2. Counter of the first respondent is filed. No counter of the second respondent is filed. 3. According to the petitioner, he is the dealer of Bharat Petroleum and a partner to M/s.Lakshmi Agencies. As a matter of fact, the original partners of M/s.Lakshmi Agencies are one Sivalingam and one Sankaralingam. It appears that the reconstitution of Dealership of M/s.Lakshmi Agencies, CC 156292 was made with effect from 01.07.2016. Indeed, the petitioner was inducted as a partner with 33% share. He was made as a partner, as per agreement dated 30.03.2007 owing to financial crises of the existing partners. The stand of the petitioner is that earlier to his inclusion in the Agency, there were some transactions with one M...
P. Suresh and Another Vs. State through by the Inspector of Police, Vi ...
Court: Chennai
Decided on: Aug-03-2016
(Prayer: Criminal Revision Case No.822 of 2016 filed under Section 397 read wtih 401 Cr.P.C. to call for the records in Spl.Case No.3 of 2014 on the file of the Special Judge-cum-Chief Judicial Magistrate, Chengalpattu and set aside the charges framed on 27.04.2016 as against the petitioners. Criminal Revision Case No.226 of 2016 filed under Section 397 Cr.P.C. to call for the records and set aside the order dated 02.02.2016 passed in Crl.M.P.No.1843 of 2014 in Spl.Case No.3 of 2014 on the file of the Special Judge-cum-Chief Judicial Magistrate, Chengalpattu.) 1. Criminal Revision Case No.822 of 2016 is filed to call for the records in Spl.Case No.3 of 2014 on the file of the Special Judge-cum-Chief Judicial Magistrate, Chengalpattu and set aside the charges framed on 27.04.2016 as against the petitioners/A3 and A4. 2. Criminal Revision Case No.226 of 2016 filed to call for the records and set aside the order dated 02.02.2016 passed in Crl.M.P.No.1843 of 2014 in Spl.Case No.3 of 2014 o...
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