Court : Chennai
Decided on : Sep-21-2012
K.CHandRU, J. 1. Both applications were filed by the applicant / plaintiff, seeking for an interim injunction with reference to an infringement of the applicant's registered patent bearing No.198122 in respect of Integral Cam Operated Rotary Switch by manufacture and sale of products identical to the applicant's products and also seeking for an interim injunction restraining the respondents from in any manner passing off Cam Operated Rotary Switches manufactured and sold by them by using identical or deceptively similar product, same or similar trade dress, colour scheme, get-up and layout. 2. Pending notices on the Original Applications, no ex parte order of injunction was granted. A counter affidavit, dated 09.04.2011 has been filed in both original applications. The applicant has filed a reply affidavit, dated 25.04.2011. 3. The applicant / plaintiff had filed a suit for the grant of similar relief of permanent in nature. On suit notice being served, the first defendant / first resp...
Tag this Judgment!Court : Chennai
Decided on : Jul-24-2012
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records on the file of the respondent in proceedings Nil, dated 11.06.2010 and subsequent notion in proceedings Na.Ka.2297/A2/2010, dated 29.07.2010 and quash the same, as illegal, incompetent and without jurisdiction.O R D E R1. Challenge in this writ petition, is to the competence of a Block Medical Officer, who exercised the power under the Tamil Nadu Public Health Act, 1939, and other provisions of the Act, and closed down a Hospital, named "Get Well", Tirukoilur. The Hospital, where treatment was given, began unwell on 11.06.2010, when it was found difficult in meeting out certain defects, alleged to be violations and consequently, sealed. Another proceeding impugned in this writ petition is to the order, rejecting the request of the petitioner to open the hospital.2. According to the petitioner, he has completed bachelor of Homeopathy Medicine and Surg...
Tag this Judgment!Court : Chennai
Decided on : Aug-21-2012
(Prayer: This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records on the file of the respondent in the proceedings No.MCI-34(41)/2012-Med / 112316, dated 19.6.2012 (signed on 18.6.2012) and the further proceedings No.MCI-34(41)/2012-Med, dated 30.06.2012 sent by e-mail and quash the same and consequently to direct the respondent to grant second renewal of permission to the petitioner institution for third batch of MBBS.) 1. This writ petition was filed by the D.D. Medical College and D.D. Hospital, represented by its Chairman. This writ petition was filed to challenge an order of the respondent Medical Council of India (for short MCI), dated 19.06.2012 and further proceedings dated 30.6.2012 sent by e-mail and after setting aside these two orders, seeks for a consequential direction to grant second renewal of permission to the petitioner institution for starting the third batch of M...
Tag this Judgment!Court : Chennai
Decided on : Apr-26-2012
WP 21933/2011:Writ petition filed under Article 226 of Constitution of India praying for issue of a Writ of Certiorarified Mandamus, calling for the entire records in connection with the impugned notification issued by the first respondent in GSR No.218(E) published in Gazette of India Extraordinary Part II-Section 3-Sub-section (i) dated 16.3.2011 in so far as it relates to item No.(i), i.e., Gatifloxacin formulation of systemic use in human by any route including oral and injectable and direct the respondents to review the prohibition after giving an opportunity to the petitioner.WP 25442/2011:Writ petition filed under Article 226 of Constitution of India praying for issue of a Writ of Certiorarified Mandamus, calling for the entire records in connection with the impugned notification issued by the first respondent in GSR No.218(E) published in Gazette of India Extraordinary Part II-Section 3-Sub-section (i) No.139, dated 16.3.2011 and to quash the same in so far as it relates to ite...
Tag this Judgment!Court : Chennai
Decided on : Jun-05-2012
This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records relating to the order of the first respondent in G.O.Ms.No.183, dated 28.12.2006 and quash the same.ORDER1. Whether the action of the State Government in notifying Section 18 of the Plantations Labour Act, 1951 (for short PL Act) and directing appointment of Welfare Officers in respect of plantations engaging 300 or more workers by virtue of the impugned notification, dated 28.12.2006 is liable to be set aside by this court Is the issue involved in this writ petition.2. Section 18 of the PL Act reads as follows : 18. Welfare officers. (1) In every plantation wherein three hundred or more workers are ordinarily employed the employer shall employ such number of welfare officers as may be prescribed.(2)The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1). (Emph...
Tag this Judgment!Court : Chennai
Decided on : Mar-12-2012
Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree dated 20.09.1996 made in A.S.No.99 of 1996 on the file of the Learned Additional Subordinate Judge, Nagapattinam, confirming the Judgment and Decree dated 04.01.1995 made in O.S.No.107 of 1992 on the file of the Learned District Munsif, Nagapattinam.J U D G M E N T1. The Appellant/Plaintiff has projected the instant Second Appeal as against the Judgment and Decree dated 20.09.1996 in A.S.No.99 of 1996 passed by the Learned Additional Subordinate Judge, Nagapattinam, in affirming the Judgment and Decree dated 04.01.1995 in O.S.No.107 of 1992 passed by the Learned District Munsif, Nagapattinam.2.The First Appellate Court viz., the Learned Additional Subordinate Judge, Nagapattinam, while passing the Judgment in A.S.No.99 of 1996 (filed by the Appellant/Temple), on 20.09.1996, has inter alia observed that 'as per Section 106 of the Transfer of Property Act, Ex.A.2 Notice has been issued and as per S...
Tag this Judgment!Court : Chennai
Decided on : Aug-28-2012
(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorari, to call for the records on the file of the first respondent herein viz., The Presiding Officer, Second Additional Labour Court, Chennai in I.A.No.142 of 2008 in Petition No.13 of 2007 in I.D.No.4 of 2004 and quash the order passed therein dated 23.09.2008 and which was received by us on 20.10.2008.) 1. The writ petition is filed by the petitioner Management, seeking to challenge an order passed by the first respondent second Additional Labour Court, Chennai in I.A.No.142 of 2008 in Petition No.13 of 2007 in I.D.No.4 of 2004 dated 23.09.2008 and seeks to set aside the same. 2. The said petition was filed by the Management under Rule 34 of the Tamil Nadu Industrial Dispute Rules, 1958 read with Section 11 of the Industrial Disputes Act to eschew and delete the word which occurred wrongly in Paragraphs 8 and 11 in their Petition No.13 of 2007 in I.D.No.4 of 2004 and to read the sa...
Tag this Judgment!Court : Chennai
Decided on : Jul-12-2012
This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the first respondent to consider the representation dated 22.3.2012 based on the representation to direct the first respondent to issue direction to the second respondent to conduct re-inspection so as to find out whether the petitioner complied the minimum requirements as contemplated under section 12 and regulations issued as per the Homeopathy Central Council Act, 1973 and on compliance of the requisites to issue permission to the petitioner to run the institution.ORDER1. The petitioner Trust is running a college in the name of S.V.S.Medical College of Yoga and Naturopathy and Research Institute at Bhangaram, Salem District. The college is offering 5-1/2 years course in Bachelor of Naturopathy and Yogic Sciences which is the medical degree course with one year compulsory rotator internship. In this writ petition, they sought for a direction to the firs...
Tag this Judgment!Court : Chennai
Decided on : Jan-10-2012
Original Side Appeals arise out of the order dated 24.02.2010 made in A.No.6341 of 2009 & O.A.No.638 of 2007 respectively in C.S.No.456 of 2007. 2.First respondent herein as a plaintiff filed a suit in C.S.No.456 of 2007 for declaration that the decree passed in C.S.No.205 of 1999 is a nullity and not binding on the plaintiff and also declaration that the order dated 23.07.2004 passed by the Execution Court in E.P.No.100 of 2003, is a nullity and not binding on the plaintiff and declaration that the sale deed dated 10.02.2005 registered as Document No.1999/2005 on the file of the Sub-Registrar Office, Tirupporur, in respect of the suit scheduled property executed by the Registrar, High Court, Madras, in favour of the first defendant is null and void and non-est in the eye of law and for other reliefs. 3.During the pendency of the suit, first respondent herein filed an application in O.A.No.638 of 2007 for an injunction restraining the first defendant therein from seeking to do ...
Tag this Judgment!Court : Chennai
Decided on : Mar-26-2012
O R D E R1. Petitioners have filed this Civil Revision Petition under Article 227 of the Constitution of India seeking to strike off the plaint in the suit filed by the first respondent herein, viz. O.S. No.8134 of 2011 on the file of the XVI Assistant City Civil Court Judge, Chennai.2. The facts of the case lie in a narrow compass :-The plaintiff, who is the first respondent herein, filed a suit in O.S. No.8134 of 2011 on the file of the XVI Assistant City Civil Court Judge, Chennai for a permanent injunction restraining the defendants therein from dealing with the suit property to an extent of 7.46 acres of land comprised in Survey Nos.24/2, 25/2B, 26, 56, 58, 59, 60 and 61(Part) at Nerkundram Village in any manner, including bringing the property for sale without paying the consideration to the plaintiff as per the Memorandum of Understanding dated 14.8.2008 entered into between the plaintiff and the defendants.3. The relevant facts pleaded by the plaintiff/1st respondent in the pla...
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