Search Judgments

Civil Revision Petitions – Withdrawal – These Civil Revision Petitions challenge the orders dated 21.11.2023 passed by VIII Small Causes Court, Chennai in RCA.Nos.640 & 501 of 2015, which modified the orders passed by the X Small Causes Court, Chennai, in RCOP No.700 & 1663 of 2012 dated 25.08.2015.

The core issue revolved around the orders of the Small Causes Courts in relation to RCOP No.700 & 1663 of 2012.

During the hearing for the revision petitions, the petitioners’ counsel submitted that the disputes have been resolved outside of court.

Based on this submission, the counsel sought permission to withdraw the Civil Revision Petitions.

Tamil Nadu General Sales Tax Act, 1959 (TNGST) – Section 24-A – The petitioner challenged an order demanding tax and interest related to the purchase of property from a defaulter, arguing they were a bona fide purchaser entitled to protection under Section 24-A of the TNGST Act, 1959. The petitioner contended that the order should be confined to the defaulter’s property and not extend to other land parcels they purchased.

The respondents argued based on an agreement where the defaulter had agreed not to alienate the property until the loan was discharged. They further argued that the petitioner had purchased the property from a third party who had received notices from the Commercial Tax Department regarding the defaulter’s dues.

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – These writ petitions concern land acquisition proceedings initiated under the Land Acquisition Act, 1894, specifically regarding land in Chennathur Village, Hosur Taluk, Krishnagiri District. The petitioners sought a declaration that these proceedings had lapsed under Section 24(2) of the 2013 Act, citing non-compliance with its provisions.

The petitioners argued that despite the 4(1) notification in 1991 and Section 6 declaration in 1992, they remained in possession, and compensation had not been paid. The respondents, however, claimed that possession had been taken in 1994 and 2002, and the compensation was deposited in a treasury account in 1995.

Industrial Disputes Act, 1947 – Section 2A, 11A, 12(3), 33(1)(b), 33(3) – This case concerns a writ petition filed by five workmen challenging a Labour Court award that denied them reinstatement after their dismissal by the management. The workmen were dismissed for alleged misconduct including participation in an illegal strike, using abusive language, and threatening co-workers. Crucially, no formal inquiry was conducted by the management before the dismissals.

The Labour Court, despite acknowledging the absence of an inquiry, upheld the dismissals based on evidence presented by the management during the Labour Court proceedings.

Constitution of India – Article 226, Tamil Nadu Cooperative Societies Act – This writ petition was filed by the Tamil Nadu State Apex Cooperative Bank Employees Union, challenging an award passed by the Industrial Tribunal in I.D. No. 73 of 1999. The core issue revolves around a pay anomaly where directly recruited Assistants allegedly receive less pay than their juniors, who were promoted from the sub-staff cadre.

Mohammedan Law – Gift (Hiba) and Inheritance – This case concerns appeals against a High Court judgment that upheld a trial court decree in a partition suit, specifically addressing the validity of property transfer under Mohammedan Law. The central issues are:

1. Can a property owner transfer property to heirs as a partition during their lifetime?
2.

Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 – Section 21(2)(a) – This case involves a challenge to concurrent orders from the Rent Controller and the appellate authority, which ordered the eviction of the tenants under Section 21(2)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (the “New Act”). The landlord sought eviction because the tenants failed to execute a tenancy agreement as required by Section 4 of the Act within the stipulated 575-day period.

The tenants argued that they were always ready and willing to execute the agreement, but the landlord did not cooperate. They also argued that the demolition plea was unsupported.

The Commercial Courts Act, 2015 Section 12-A; Section 12A & Order VII Rule 11(d) of the Code of Civil Procedure – This civil revision petition challenged the order of the Principal District Judge at Krishnagiri, who dismissed I.A. No. 2 of 2023 in O.S. No.

Hindu Marriage Act, 1955 – Section 13(1)(ia), 21B(1)(2), 23(3) – This revision petition was filed concerning H.M.O.P. No. 851 of 2023 pending before the Family Court, Madurai, where the petitioner seeks dissolution of marriage from the respondent under Section 13(1)(ia) of the Hindu Marriage Act, 1955, citing cruelty.

The petitioner’s grievance stems from the perceived lack of expeditious handling of her matrimonial proceeding, initiated on July 3, 2023.

The Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 Section 7(3); Code of Civil Procedure 1908 (CPC) Section 94 – This Civil Revision Petition challenges the order of the III Assistant City Civil Judge, Chennai, in I.A.No.3 of 2023 in O.S.No. 8084 of 2021. The petitioner is a school seeking outstanding fees from the defendant. The defendant contested the claim, arguing that the school fees exceeded the rate fixed by the Fee Fixation Committee under the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.