Chennai Madurai Court December 2015 Judgments
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Dr. Parthasarathy Vs. Rukmani and Another
Court: Chennai Madurai
Decided on: Dec-22-2015
(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records culminating in proceeding in PRC No.15 of 2015 on the file of the learned Judicial Magistrate, Pudukottai and quash the same.) 1. This petition has been filed, seeking to call for the records culminating in proceeding in P.R.C.No.15 of 2015 on the file of the learned Judicial Magistrate, Pudukottai and quash the same. 2. The case of the petitioner is that he is aged 76 years now and he has been falsely implicated in a case in P.R.C.No.15 of 2015 on the file of the learned Judicial Magistrate, Pudukottai for the incident said to have taken place on 02.04.2009. The 1st respondent herein made a complaint to the Police, alleging that she was raped by the petitioner herein and that Police investigated into the matter and after examination, closed the complaint. During investigation, there is a statement given by the mother of the victim, which was construed as hearsay and the same has not been ac...
Ayyappan and Others Vs. State Rep. by Inspector of Police, Tirunelveli ...
Court: Chennai Madurai
Decided on: Dec-22-2015
(Prayer: Crl.A.(MD) No.109 of 2011: Appeal filed under Section 374 of the Code of Criminal Procedure against the conviction and sentence passed by the Additional Sessions Judge, Fast Track Court No.II, Tirunelveli, in S.C.No.109 of 2009 dated 14.02.2011.) Common Judgement S. Nagamuthu. J, 1. The appellants in Crl.A.(MD) No.109 of 2011 are accused in S.C.No.109 of 2009 and the appellants in Crl.A.(MD) No.110 of 2011 is the accused in S.C.No. 109(A) of 2009 on the file of the learned Additional Sessions Judge, Fast Track Court No.II, Tirunelveli. The trial court conducted joint trial in both the cases and delivered a common judgment. The appellants in Crl.A. (MD) No.109 of 2009 were arrayed as A1, A2, A4 and A5 and the appellant in Crl.A. (MD) No.110 of 2011 was arrayed as A3. [In this judgement, for the sake of convenience, we refer to the appellants in the order of array before the trial court]. They stood charged for offences under Sections 148, 302 and 506(ii) of IPC. By judgement da...
K. Johnson Vs. The Superintendent of Police, Kanyakumari District and ...
Court: Chennai Madurai
Decided on: Dec-22-2015
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus, calling for the records, relating to the impugned order of the 4th respondent dated 06.12.2015 and quash the same and consequently, direct the respondents to accord permission and provide police protection to the petitioner's Christmas celebration scheduled on 25.12.2015 at S.No.119/4A, Thumbacode Village, Kalkulam Taluk, Kanyakumari District.) 1. This writ petition has been filed, seeking to quash the order of the 4th respondent dated 06.12.2015 and consequently, direct the respondents to accord permission and provide police protection to the petitioner's Christmas celebration scheduled on 25.12.2015 at S.No.119/4A, Thumbacode Village, Kalkulam Taluk, Kanyakumari District. 2. The case of the petitioner in nutshell is as follows: i) It is submitted that the petitioner is the Secretary of Zion Christhava Narpani Mantam, Aramannam, Cheruppaloor Post, Kanyakumari ...
HDFC Bank Limited Represented through its Branch Manager, R. Padmanaba ...
Court: Chennai Madurai
Decided on: Dec-21-2015
(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to quash the First Information Report in Crime No.66 of 2015, pending on the file of the 1st respondent Police.) This petition has been filed, seeking to quash the First Information Report in Crime No.66 of 2015, pending on the file of the 1st respondent Police. 2. The case of the petitioner is that there was an agreement dated 24.12.2013 between the defacto complainant / 2nd respondent and the petitioner, vide which a loan was obtained for a sum of Rs.9,00,000/- for purchase of a car. Since the 2nd respondent did not repay the loan, after notice to him, the car was seized by the petitioner and kept in their custody. Therefore, the defato complainant has made a complaint against the officials of the Bank and a case was also registered in Crime No.66 of 2015 for an offence under Section 379 IPC. 2.1. It is submitted that the respondent police also send an undated communication to the petitioner Bank, asking them to ...
S. Abubakkar Siddiq Vs. The District Collector, Sivagangai District an ...
Court: Chennai Madurai
Decided on: Dec-18-2015
(Prayer: Writ petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents 1 to 5 to remove the encroachments of the Oorani in Pudhuvayal Town Panchayat Survey No.105/1, to an extent of 2 acres and 7 cents and to direct the respondents 1 to 5 to mend the oorani for getting water for the public use, by considering the petitioner's representation, dated 07.04.2015.) V. Ramasubramanian, J. 1. The petitioner has come up with the above writ petition, purportedly in public interest, praying for the issue of a writ of mandamus to direct the respondents 1 to 5 to remove the encroachment allegedly made by the 6th respondent in a tank. 2. Heard Mr.M.Solaisamy, learned counsel for the petitioner, Mr.M.Alagathevan, learned Special Government Pleader for respondents 1, 3 and 4, Mr.C.Selvaraj, learned Special Government Pleader for respondent No.2, Mr.T.S.Mohammed Mohideen, learned counsel for respondent No.5 and Mr.T.Srinivasa Raghav...
Munees @ Murugan and Others Vs. The Secretary to Government, Public (L ...
Court: Chennai Madurai
Decided on: Dec-18-2015
(Prayers: in H.C.P.(MD).No.1281 of 2015: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, calling for the entire records relating to the detention order passed in Cr.M.P.No. 08/NSA/2015, dated 22.08.2015 on the file of the second respondent, quash the same and consequently, direct the respondents to produce the body or person of the detenu by name Munees @ Murugan S/o.Muniyandi, aged about 27 years, now detained in Central Prison, Madurai before this Court and set him at liberty forthwith. H.C.P.(MD).No.1282 of 2015: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, calling for the entire records relating to the detention order passed in Cr.M.P.No. 09/NSA/2015, dated 22.08.2015 on the file of the second respondent, quash the same and consequently, direct the respondents to produce the body or person of the detenu by name Markes @ Siva S/o.Anthony, aged about 31 years, now detain...
The Additional Commissioner, Central Excise, Madurai Vs. M/s. Strategi ...
Court: Chennai Madurai
Decided on: Dec-18-2015
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order, dated 08.08.2011, made in W.P.(MD)No.11427 of 2006.) V. Ramasubramanian, J. 1. This appeal by the Revenue arises out of an order passed by the learned Judge, setting aside a demand for payment of Service Tax. 2. Heard Mr.B.Vijay Karthikeyan, learned Standing Counsel for the appellant Department and Mr.Joseph Prabakar, learned counsel for the respondent/assessee. 3. The respondent/assessee is a manufacturer of GRP pipes. Upon perusal of the accounts of the respondent/assessee, the Department noticed that the assessee received an amount of Rs.5,19,45,145/- towards labour charges for installation and commissioning of GRP Pipes for various customers during the period from 01.07.2003 to 31.10.2004. Therefore, a show cause notice, dated 30.05.2005, was issued on the ground that they are liable to pay service tax on the value of the service rendered by them under the category of "Erection, Commissioning or Instal...
Bagavathiappan Pillai Vs. State Rep. By the Deputy Superintendent of P ...
Court: Chennai Madurai
Decided on: Dec-16-2015
(Prayer: Criminal Original Petition has been filed under Section 482 Cr.P.C. seeking to quash the case pending against the petitioner in Special Case No.10 of 2014 pending on the file of the learned Chief Judicial Magistrate-cum-Special Judge, Kanniyakumari District at Nagercoil.) 1. The filing of a private complaint on 18.07.2013 by the defacto complainant / 2nd respondent, against a Public Servant (the petitioner herein) without obtaining sanction from the competent authority, b) order by the learned Chief Judicial Magistrate, Nagercoil dated 21.08.2013 and consequent registration of FIR in Crime No.9 of 2014 by the Inspector of Police, Vigilance and Anti Corruption, c) the investigation conducted by the 1st respondent, are claimed to be illegal and abuse of process of Court and on these grounds, the petitioner seeks directions to quash the same. 2. The specific contentions with regard to filing of private complaint, direction issued by the Magistrate for registration and investigati...
Kathiresan Vs. The State Rep. by Inspector of Police, Tirunelveli Dist ...
Court: Chennai Madurai
Decided on: Dec-16-2015
(Prayer: Appeal filed under Section 374 of the Code of Criminal Procedure against the conviction and sentence passed by the Sessions Judge, Magalir Neethimandram, Tirunelveli, in S.C.No.85 of 2006 dated 26.02.2007.) 1. This is a case of child rape. The appellant/accused is the sole accused in S.C.No.85 of 2006 on the file of the learned Sessions Judge, Magalir Neethimandram, Tirunelveli. The trial court framed two charges against the accused. He stood charged for offences under Sections 366 and 376(1) of IPC. By judgment dated 26.02.2007, the learned Sessions Judge, convicted the appellant/accused under Sections 366 and 376(1) of IPC and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.1000/- in default to undergo rigorous imprisonment for three months for offence under Section 366 of IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1000/- in default to undergo rigorous imprisonment for three months for offence under...
K. Jeyabalan Vs. The Deputy Inspector General of Police, Ramanathapura ...
Court: Chennai Madurai
Decided on: Dec-16-2015
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned order passed by the 1st respondent in C.No.B1/6416/2014 dated 07.01.2015 and the consequential order passed by the 2nd respondent in C.No.F1/19470/2014 dated 13.01.2015, quash the same and consequently direct the respondents to provide all subsistence allowance to the petitioner without any default.) 1. The issue involved in this writ petition lies in a narrow compass. 2. The grievance of the petitioner is that now he is denied subsistence allowance by the impugned order dated 07.01.2015 issued by the 1st respondent and the consequential order dated 13.01.2015 issued by the second respondent. 3. The petitioner is a Sub-Inspector of Police at Kenikkarai Police Station in Ramanathapuram District. He was placed under suspension by an order dated 10.07.2014 by the 1st respondent pending disciplinary action. Par...
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