Chennai Court January 2017 Judgments
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H. Saraswathy Vs. Tamil Nadu State Transport Corporation (Madurai) Lim ...
Court: Chennai Madurai
Decided on: Jan-05-2017
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to pay the terminal benefits amount payable to the petitioner including Provident Fund, Gratuity, Un-availed Leave Salary, Service Surrender Leave Salary, Encashment of Unearned Leave on Private affairs for the period of 90 days and Dearness allowance arrears together with 18% interest from the date of her retirement i.e., 31.05.2016 to till the date of payment and all other attendant benefits to her within the stipulated period fixed by this Court.) 1. The petitioner was employed as Assistant Manager in the respondent Corporation and he retired from service on 31.05.2016 on attaining the age of superannuation. 2. She has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits. 3. The First Bench of this Court in similar matter has passed an order dated 12.06.2015 in W.A.(MD) Nos.383 to 457 of 20...
R. Duraisamy, Vs. The State of Tamil Nadu, Represented by its Principa ...
Court: Chennai Madurai
Decided on: Jan-05-2017
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the second respondent to pass orders on the objection made by the Petitioners in his representation dated 24.8.2016 to assign TNPSC rank in the ratio 9:1 between the direct recruiters and promotes and to refix the seniority of the Petitioners in terms of special rules for the Tamil Nadu Horticulture Service within the period that may be stipulated by this Court.) 1. This Writ Petition has been filed,for issuance of a writ of Mandamus, directing the second respondent to pass orders on the objection made by the Petitioners in his representation dated 24.8.2016 to assign TNPSC rank in the ratio 9:1 between the direct recruiters and promotes and to refix the seniority of the Petitioners in terms of special rules for the Tamil Nadu Horticulture Service within the period that may be stipulated by this Court. 2. Heard Mr.M.Rajarajan, learned Government Advocate takes notic...
C. Kamalabai Vs. The Registrar, Manonmaniam Sundaranar University, Tir ...
Court: Chennai Madurai
Decided on: Jan-05-2017
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to count the Temporary Service of the petitioner from 10.11.1994 to 02.11.2002 along with the Regular Service of the petitioner till the date of superannuation on 30.04.2009 for about 16 years and to sanction the retirement and other pensionary benefits in light of the Judgment of this Hon'ble Court in W.P.(MD) No.4707 of 2014 dated 13.10.2014, which was complied by the respondents on 14.01.2016.) This petition has been filed, seeking to direct the respondents to count the Temporary Service of the petitioner from 10.11.1994 to 02.11.2002 along with the Regular Service of the petitioner till the date of superannuation on 30.04.2009 for about 16 years and to sanction the retirement and other pensionary benefits in light of the Judgment of this Court in W.P.(MD) No.4707 of 2014 dated 13.10.2014, which was complied by the respondents on 14.01.201...
The Nungambakkam Muslim Welfare Association, rep. by its President Vs. ...
Court: Chennai
Decided on: Jan-05-2017
(Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 27.09.1996 made in A.S.No.87/1993 on the file of VIII Additional Judge, City Civil Court, Chennai confirming the judgment and decree dated 29.11.1991 made in O.S.No.8690 of 1982 on the file of the XV Asst.Judge, City Civil Court, Chennai.) 1. The second defendant is the appellant herein. This appeal is directed against the concurrent finding of the Courts below. 2. The parties are described as per their rank and status shown in the original suit. 3. The brief facts leading to this appeal are as follows:- The plaintiff is the hereditary trustee of Arulmigu Agastheeswarar Prasanna Venkatesa Perumal Devasthanam. The 1st defendant, who got the property through Section 9 of the Madras City Tenants' Protection Act, 1921 was originally tenant under the plaintiff and thereafter, he sold the property to the second defendant by way of the compulsory registration. The 3rd defendant ...
M/s. New India Assurance Co. Ltd., Dharmapuri Vs. Murugan and Others
Court: Chennai
Decided on: Jan-05-2017
(Prayer: Memorandum of Grounds of Civil Miscellaneous Appeals under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 17.11.2012 made in M.C.O.P.Nos.1114 and 1115 of 2009 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Dharmapuri.) 1. M/s United India Insurance Company Limited, Dharmapuri, aggrieved by the award made in M.C.O.P.Nos.1114 and 1115 of 2009 dated 17.11.2012 passed by the Motor Accident Claims Tribunal, Subordinate Judge, Dharmapuri awarding a compensation of Rs.53,798/- and Rs.3,74,821/- with interest at the rate of 7.5% per annum from the date of petitions till realisation to the respective claimant, has filed these appeals questioning the liability and quantum. 2. Mr.J.Chandran, learned counsel for the appellant Insurance company heavily contended that when sufficient evidence, both oral and documentary, were produced by the insurance company that at the time of accident, the vehicle was covered with an Act policy and no...
G. Subbulakshmi Vs. The Commissioner-cum-Special Officer, Thoothukudi
Court: Chennai Madurai
Decided on: Jan-05-2017
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondent to issue the monetary benefits including salary and other benefits of late Gurusamy for the period from 22.10.2003 to 26.10.2009 to his wife, the Petitioner herein.) 1. This Writ Petition has been filed for issuance of a writ of Mandamus directing the respondent to issue the monetary benefits including salaryto his wife, the Petitioner herein. 2. Mr.P. Sridharan,learned counsel takes notice for the respondent. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself. 3. Though the Petitioner has come forward with a prayer that the respondent shall extend the benefits including the salary and other benefits of late Gurusamy to the Petitioner who is the wife of the said Late Gurusamy, who was employed under the respondent, as the punishment has already been imposed and that from 22.10.2003 to 26.10...
R. Krishnan Vs. Tamil Nadu State Transport Corporation (Kumbakonam) Lt ...
Court: Chennai Madurai
Decided on: Jan-05-2017
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to revise the petitioner's pay for the period from 01.09.2013 to 30.4.2014 based on the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947 by giving pay revision at the rate of 5.5% and by granting 3rd review benefit and further directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 30.4.2014 and to pay difference in his retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable from 1.5.2014 to till date together with interest at the rate of 18% per annum based on the said settlement.) 1. The petitioner was employed as a Junior Assistant . He retired from service on 30.4.2014. His grievance is that he is entitled to revision of scale of pay in terms of the settl...
M/s. Sundaram Motors, Represented by its CFO and Global President-Fina ...
Court: Chennai Madurai
Decided on: Jan-05-2017
(Prayer in W.P(MD)No.121 of 2017: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records in file bearing File No.C.No.V/ST/15/105/2016-Adjn comprising of Show Cause Notice No.23/2016, dated 08.12.2016 on the file of the first respondent and quash the same. Prayer in W.P(MD)No.122 of 2017: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents from issuing further Show Cause Notices for the years 2012-2013 to 2015 -2016 in violation of principles of natural justice without causing verification of the material available on record.) 1. W.P(MD)No.121 of 2017 is filed by the petitioner aggrieved against the show-cause notice, dated 08.12.2016 issued by the first respondent calling upon them to show-cause as to why an amount of Rs.82,49,788/- should not be disallowed and recovered under Rule 14 of the Cenvat Credit Rules 2004 r/w Rule 6(3A)(C)(iii) of C...
Manjunatha Engineering Industries Pvt. Ltd., Represented by its Direct ...
Court: Chennai
Decided on: Jan-05-2017
(Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondent to accept the C Forms filed by the petitioner vide representation dated 12.12.2016 and re-open the assessment made by him vide order dated in CST No.990469/2009-10 dated 29.02.2016.) 1. Issue notice. Mr.S.Kanmani Annamalai, learned Additional Government Pleader (Taxes) accepts notice on behalf of the respondent. 1.1. With the consent of learned counsels for the parties, the writ petition is taken up for hearing and final disposal. 2. The petitioner seeks a direction from this Court, for consideration of its representation, dated 12.12.2016, and thereupon, issuance of a direction, to re-open the assessment made vide order dated 29.02.2016. 3. Briefly, the petitioner says that it has been assessed, for a higher taxable turnover, in view of the delay in furnishing C Forms. According to the petitioner, there was a delay in furnishing C Forms, as the customer...
V. Shanthi Vs. M. Ponnayal and Others
Court: Chennai
Decided on: Jan-05-2017
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 30.11.2010 passed in A.S.No.20/2010 on the file of the 1st Additional Sub Court, Erode District reversing the decree and judgment dated 28.01.2010 passed in O.S.No.99 of 2006 on the file of the Principal District Munsif Court, Erode District.) 1. The plaintiff, in the second appeal, has impugned the judgement and decree dated 30.11.2010 passed in A.S.No.20/2010 on the file of the First Additional Sub-Court, Erode, reversing the judgment and decree dated 28.01.2010 passed in O.S.No.99 of 2006 on the file of the Principal District Munsif Court, Erode. 2. The second appeal has been admitted and the following substantial question of law is formulated for consideration in the second appeal. Whether the court below is correct in holding that the appellant is not entitled to get benefit of the Hindu Succession Act, 1956 as amended by Tamil Nadu Act 1 of 1990 since the factum of mar...
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