Chennai Court September 2016 Judgments
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S. Azhagia Nambi Vs. Sri Devi
Court: Chennai
Decided on: Sep-07-2016
(Prayer: Criminal Revision case filed under Section 397 read with Section 401 of Cr.P.C., to set aside the order dated 16.11.2015 passed in C.M.P.No. 5386 of 2015 in M.C.No. 4 of 2015 on the file of the Judicial Magistrate No.II, Poonamallee.) 1. The Criminal Revision Case is directed against order passed by the learned Judicial Magistrate No.II, Poonamallee, made in C.M.P.No. 5386 of 2015 in M.C.No. 4 of 2015 dated 16.11.2015. 2. It is admitted by both sides that the revision petitioner is the husband of the respondent/wife. 3. The learned counsel for the revision petitioner-husband mainly contended that the learned Judicial Magistrate No.II has failed to consider the point that the respondent is working in Anand Institute of Higher Technology, Kalas Lingam Nagar, Old Mahabalipuram Road, Kazhipattu - 603 103 and is having sufficient means for maintaining herself and her family member. The learned Judicial Magistrate No.II, has failed to consider the material evidence filed by the revi...
J. Julie Sangetta Vs. Member Secretary, Chennai Metropolitan Developme ...
Court: Chennai
Decided on: Sep-07-2016
(Prayers: WP.No.38432 of 2015: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari to call for the records on the file of the third, sixth and seventh respondents relating to the impugned notice No.623 of 2015 dated 19.10.2015 of lock and seal under Form No.II, Sections 56 and 57 r/w Section 85 of the Town and Country Planning Ac, 1971 (as amended by Act 61 of 2008) and to quash the same pertaining to the premises No.89/50, MKN Road, Alandur, Chennai- 600 016. WP.No.28511 of 2015: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 2, 3 and 4 to take action as per CMDA notification No.ES 2/11440/2010 dated 20.02.2012 and 26.04.2012 and to demolish illegal construction Tamil Nadu ITI by seventh respondent in Door No.87/50, MKN Road, Alandur, Chennai-600 016 and to allow this writ petition with costs quantified to be paid to the petitioner trust as re...
Queen Mary Vs. The State Inspector of Police, Thoothukudi District and ...
Court: Chennai Madurai
Decided on: Sep-07-2016
(Prayer: This Criminal Appeal is filed under Section 372 of Cr.P.C to call for entire records and set aside the judgment acquitting the respondent No.2 herein from the charges framed against the accused in S.C.No.42 of 2012 dated 03.07.2012 on the file of the I Additional District and Sessions Judge, Thoothukudi and convict the respondent No.2.) M.V. Muralidaran, J 1. Heard Mr.T.Indrachithu, learned counsel appearing for the appellant and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the first respondent as well as Mr.A.Thiruvadikumar, learned counsel appearing for the second respondent. 2. The case of the prosecution is that P.W.1 Vijaya Ananth, was employed as a Village Administrative Officer at Sawyerpuram, and while he was working as such, on 10.06.2011 at 10 a.m, the Village Assistant informed him through Telephone that he found a dead body of a lady aged at 45 lying near Singathakurichi Poovani road. Therefore, the Village Administrative Officer at about...
Petitioner Vs. Respondent
Court: Chennai
Decided on: Sep-07-2016
M. Venugopal, J. 1. Heard Mr.M.Sarfudeen Ali Ahamed, Learned counsel for the Petitioners and Mr.P.Govindarajan, Learned Additional Public Prosecutor for the Respondent. 2. It comes to be known that the Petitioners/Appellants/A1 and A2 have preferred the present Criminal Miscellaneous Petition praying for passing of an order by this Court to condone the delay of 44 days in filing the instant Criminal Appeal in SR.No.28130 of 2016 as against the judgment in S.C.No.135 of 2014 on the file of the Learned II Additional District and Sessions Judge, Tiruppur. 3. As a matter of fact, the Petitioners/Appellants/A1 and A2 were convicted by the trial Court and were directed to undergo life imprisonment and to pay a fine of Rs.1000/- each for the offence under Section 396 IPC and in default, to undergo 3 months Simple Imprisonment and further, convicted and sentenced them to undergo life imprisonment for the offence under Section 302 IPC and ordered to pay a fine of Rs.1000/- each and in default, ...
Southern Investments Private Ltd Vs. The Commissioner of Service Tax a ...
Court: Chennai
Decided on: Sep-07-2016
(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 file C.No.IV/16/178/2012 in Order in Original No.41/2013, dated 18.11.2013 passed by the second respondent and the consequential Order in Appeal No.272/2016 (STA-1) in Appeal No.42/2014 (MST), dated 28.04.2016, passed by the first respondent and quash the same as arbitrary and illegal.) 1. Heard Mr.S.Joseph Prabakar, learned counsel appearing for the petitioner and Mr.N.Senthilkumar, Junior Standing Counsel for Central Excise, accepting notice on behalf of respondents. With the consent of the learned counsel on either side, the Writ Petition itself is taken up for disposal. 2. The petitioner in this Writ Petition has challenged the order passed by the first respondent in Order-in-Appeal No.272/2016 (STA-1), dated 28.04.2016, confirming the order passed by the second respondent in Order-in-Original No.41/2013, dated 18.11.2013. 3. At t...
I. Chandrasekaran Vs. The District Collector, Tirupur and Others
Court: Chennai
Decided on: Sep-07-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the 2nd respondent to conclude the proceedings initiated by his order in Na.Ka.No.01/2015-2016, dated 19.08.2015 within the time frame fixed by this Court in accordance with law.) Huluvadi G. Ramesh, J. 1. The petitioner has come up with this Writ Petition seeking a direction to the 2nd respondent to conclude the proceedings initiated by him vide proceedings in Na.Ka.No.01/2015-2016, dated 19.08.2015. 2. Heard the learned counsel for the parties and gone through the affidavit filed by the petitioner. 3. According to the petitioner, he is in possession and enjoyment of the property to an extent of 1544 sq. ft in Village Natham New Survey No.392/1 in Village Natham Old Survey Nos.274-B, 1A, 1A, 1A (New Survey No.392/1, 4) and a house property to an extent of 360 sq. ft. in the land measuring an extent of 721 sq. feet in Perumanallur Village, Tiruppur Taluk, Avina...
Sagaya Arockiya Raj Vs. Ganesh Kumar
Court: Chennai Madurai
Decided on: Sep-07-2016
Dr. S. Vimala, J. 1. The petitioner / accused has filed the quash petition, seeking to quash STC No.794 of 2012 filed by the respondent herein pending on the file of learned Judicial Magistrate, Dindigul. Brief Facts: 2. The accused approached the respondent for a loan of Rs.6 lakhs on 15.04.2012 for the marriage expenses of his sister. The respondent paid a sum of Rs.6 lakhs. The accused was not able to repay the amount within the agreed period of three months and therefore, he issued a cheque drawn on ICICI Bank, Dindigul dated 22.09.2012. When the cheque was presented for collection to the Central Bank of India on 25.09.2012, the cheque was returned with endorsement "insufficient funds". Thereafter, the respondent issued a notice through his counsel on 29.09.2012, demanding payment of the amount covered under the cheque. After receipt of the notice, accused / petitioner sent a reply denying the receipt of the cheque amount and also alleged that the respondent has no source to lend s...
Union of India, Rep. by the Principal Chief Postmaster General, Chenna ...
Court: Chennai
Decided on: Sep-07-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the records in respect of the impugned order made in O.A.No.310/00061/2014 dated 13-08-2015 on the file of the first respondent and quash the same and to pass further orders.) A. Selvam, J. 1. This writ petition has been filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari calling for records relating to the order passed in O.A.No.310/00061/2014 dated 13-08-2015 by the first respondent herein and quash the same. 2. The second respondent as applicant has filed O.A.No.310/00061/2014 on the file of the Central Administrative Tribunal, Madras Bench wherein the petitioners have been shown as respondents. 3. In O.A.No.310/00061/2014, it is averred that the applicant has joined as casual Driver in the office of the fourth respondent on 15-01-1985 and he has been working continuously without any break. He has been appointed as Cleaner on 2...
Commissioner of Income Tax Vs. M/s. SVE Engineers P. Ltd., Chennai
Court: Chennai
Decided on: Sep-07-2016
(Prayer: Appeal under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Madras 'D' Bench dated 28.08.2015 in ITA No.2038/Mds/2014.) Nooty. Ramamohana Rao, J. 1. This Tax Case Appeal is preferred by the Revenue under Section 260A of the Income Tax Act, calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, 'D' Bench, Chennai, dated 28.08.2015 in ITA No.2038/Mds/2014. The Substantial Question of Law raised in this Tax Case Appeal is as follows:- "Whether on the facts and in the circumstances of the case the tribunal was right in holding that the expenditure of Rs.2.381 Crores claimed by the assessee as payment made towards sub-contractors can be allowed as deduction, even though the assessee had not filed any supporting bills or any other evidence for the expenses debited in the assessees books of accounts." 2. The Assessee is engaged in manufacturing/trading of 'material handling equipment' like belt ...
K. Marimuthu Vs. The Managing Director, Tamil Nadu State Transport Cor ...
Court: Chennai Madurai
Decided on: Sep-07-2016
(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to promote the petitioner in the post of Assistant Manager by considering the qualification Bachelor of Engineeering (part time civil). 1. Learned counsel appearing for the petitioner seeks permission of this court to withdraw this writ petition and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is also dismissed....