Chennai Madurai Court October 2016 Judgments
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Shaik @ Shaik Maracaiyar Vs. State Rep. by the Inspector of Police, Ku ...
Court: Chennai Madurai
Decided on: Oct-19-2016
(Prayer:Criminal Appeal filed under Section 374 of Cr.P.C. against the judgment, dated 23.04.2015, made in S.C.No.24 of 2012, by the learned Ist Additional District and Sessions Judge (PCR), Thanjavur District.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.24 of 2012 on the file of the learned Ist Additional District and Sessions Judge (PCR), Thanjavur. He stood charged for the offences under Sections 364 and 302 IPC. By judgment dated 23.04.2015, the trial Court acquitted the appellant/accused from the charge under Section 364 IPC, however, convicted him under the charge under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2,000/-, in default to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the appellant/accused is before this Court with this appeal. 2. The case of the prosecution in brief is as follows; (a) The deceased in this case was one Mrs.Devika, aged about 27 years. PW4...
Beevi Fathima Rajabunisha Vs. Habeeb Rahman
Court: Chennai Madurai
Decided on: Oct-19-2016
(Prayer: Petition filed under Section 24 of the Civil Procedure Code, to withdraw and transfer O.S.No.159 of 2016 pending on the file of the Hon'ble Principal Judge / Family Court, Chennai to the Hon'ble Principal Sub Court, Thoothukudi, Thoothukudi District.) 1. The case of the petitioner is that the marriage between the petitioner and the respondent was solemnized on 04.05.2014 at Kulasekarapattinam, according to Islamic rituals and customs. Due to the strained relationship between the parties, the respondent filed O.S.No.159 of 2016 for restitution of conjugal rights before the Family Court at Chennai. The contention of the petitioner is that now she is living with the support of her mother at Tuticorin and working as a Primary School Teacher. Therefore, she will not be in a position to travel from Tuticorin to Chennai to defend the case effectively. Further, the petitioner is living along with her aged mother and she cannot leave her mother alone and travel to Chennai. 2. Despite s...
S. Sithivinayagam Vs. The Government of Tamilnadu rep.by its Secretary ...
Court: Chennai Madurai
Decided on: Oct-19-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the records of the impugned order passed by the 4th and 5th respondents, dated 05.03.2007, bearing Letter No.14164/Na.Pa.1/06-1 and 22.03.2007, bearing Na.Ka.No. 69764/2005/K2 respectively and quash the same and direct the respondents to calculate the petitioner's period of service as 29 years for calculation the petition and all other retirement benefits and consequently to pay a sum of Rs.32,000/-, which was recovered from the petitioner's salary towards the closure compensation paid by the 2nd respondent.) 1. The writ petitioner was originally employed in Arakonam Steel Industry, which is a Public Sector Undertaking of the Government of Tamil Nadu and an unit of T.I.D.C.O. He was working from the year 1974 till the closure of the company i.e. 31.08.1998. It is stated by the petitioner that by way of G.O.No. 222, dated 16.06.1998, G.O.No.524, date...
Mariappan and Another Vs. Gomathi
Court: Chennai Madurai
Decided on: Oct-19-2016
(Prayer: Prayer in C.R.P(PD)(MD)No.2073 of 2016 : Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 8.3.2016 and 16.3.2016 passed in I.A.No.162 of 2016 in I.A.No.74 of 2016 in O.S.No.302 of 2006, on the file of the Additional District Munsif, Ambasamudram. Prayer in C.R.P(PD)(MD)No.2074 of 2016 : Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 8.3.2016 and 16.3.2016 passed in I.A.No.163 of 2016 in I.A.No.75 of 2016 in O.S.No.302 of 2006, on the file of the Additional District Munsif, Ambasamudram. Prayer in C.R.P(PD)(MD)No.2075 of 2016 : Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 8.3.2016 and 16.3.2016 passed in I.A.No.164 of 2016 in I.A.No.76 of 2016 in O.S.No.302 of 2006, on the file of the Additional District Munsif, Ambasamudram.) 1. The learned counsel for the Petitioners seeks permission of this Court to withdraw these C...
Karthika Devi Vs. Selvakumar
Court: Chennai Madurai
Decided on: Oct-19-2016
(Prayer: Petition filed under Section 24 of the Civil Procedure Code, to withdraw H.M.OP.No.57 of 2016 on the file of the Subordinate Court, Sivakasi, and transfer the same to the file of the Sub Court, Sankarankovil.) 1. The case of the petitioner is that the marriage between the petitioner and the respondent was solemnized on 06.03.2011 as per the Hindu rites and customs. Subsequent to the marriage, the respondent was not maintaining the petitioner and not leading a happy life with the petitioner. Due to the frequent quarrel between the parties and the non maintenance of the petitioner by the respondent, the petitioner was forced to file M.C.No.7 of 2014 seeking maintenance and the same was allowed on 27.02.2015. In spite of the order, the respondent is not paying the maintenance to the petitioner. Therefore, proceedings for recovery of maintenance are also initiated by the petitioner at Sankarankovil. In order to avoid payment of maintenance, the respondent filed H.M.O.P.No.57 of 20...
S. Saravanan Vs. The State Level Caste Scrutiny Committee, Rep. By its ...
Court: Chennai Madurai
Decided on: Oct-19-2016
(Prayer: The Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the impugned order of the respondent in proceedings No.19043/CV.III/2009 dated 14.10.2011 and quash the same.) 1. This Writ Petition is taken up for final disposal. The petitioner claims that he belongs to Hindu Malakuravan Scheduled Tribe Community and his father was issued with Community Certificate by the Head Quarters Deputy Tahsildar, Pattukkottai on 18.07.1979 and he was an employee of Southern Railway and in a letter of Assistant Personnel Officer, Southern Railway, Golden Rock, dated 02.06.1987, it has been stated that his father was employed as Fitter in the Diesel Shop, Golden Rock and he belongs to Hindu Malakuravan Scheduled Tribe Community as per his Service records. 2. It has been further submitted by the petitioner that he was also issued with Community Certificate by the Tahsildar, Head Quarters, Pattukkottai, in S.I.NO.212...
P. Vani Vs. C. Manikandan
Court: Chennai Madurai
Decided on: Oct-19-2016
(Prayer:Petition filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.84 of 2016 on the file of the Family Court, Dindigul, Dindigul District, to transfer the case to the III Additional Subordinate Judge, Madurai, Madurai District(Usilampatti Camp Court) and pass any other orders.) 1. This Transfer Civil Miscellaneous petition has been filed to withdraw the H.M.O.P.No.84 of 2016 on the file of the Family Court, Dindigul, Dindigul District, to transfer the case to the III Additional Subordinate Judge, Madurai, Madurai District(Usilampatti Camp Court). 2. The facts stated by the petitioner is that the marriage between the petitioner and the respondent was solemnized on 16.05.2013 as per the Hindu Rites and Customs. Due to the strained relationship between the parties, the respondent/husband filed a petition in H.M.O.P.No.84 of 2016 seeking divorce before the Family Court, Dindigul. Under these circumstances, the present petition is filed seeking transfer of the ...
E. David Karunaharan Vs. The State rep. by its Secretary to Government ...
Court: Chennai Madurai
Decided on: Oct-19-2016
(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to reinstate the petitioner in service with continuity of service backwages and all other attendant benefits in pursuance of order passed by the first respondent in G.O.Ms.No.375 dated 19.05.2005.) Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the first respondent in his proceedings in G.O(2D)No.274 dated 03.06.2010 and quash the same as illegal and consequentially to direct the respondents to reinstate the petitioner in service with all attendant benefits.) Common Order 1. The petitioner was appointed as Police Constable and was serving under the fifth respondent. While serving at Tuticorin, he availed four days leave from 23.01.1999 to 26.01.1999. Thereafter, he went on sick leave and made an application with medical certif...
R. Chelladurai Vs. S. Mamtha Devi and Another
Court: Chennai Madurai
Decided on: Oct-19-2016
(Prayer:Petition filed under Section 24 of the Civil Procedure Code, to withdraw the suit in O.S.No.203 of 2015 filed by the first respondent herein on the file of the District Munsif, Uthamapalayam and transfer the same to the file of the Principal District Munsif, Madurai Town to be tried along with O.S.No.165 of 2015 on its file on merits in accordance with law and grant such other relieves.) 1. This Transfer Civil Miscellaneous petition has been filed to withdraw the suit in O.S.No.203 of 2015 filed by the first respondent herein on the file of the District Munsif Court, Uthamapalayam and transfer the same to the file of the Principal District Munsif Court, Madurai Town to be tried along with O.S.No.165 of 2015 on its file on merits in accordance with law and grant such other relieves. 2. The short facts for considering the transfer petition for the case on hand is that the first respondent filed O.S.No.165 of 2015 seeking permanent injunction before the Principal District Munsif C...
J. John Rich Premkumar Vs. Usha Devi and Others
Court: Chennai Madurai
Decided on: Oct-18-2016
(Prayer: Civil Revision Petition filed under Section 115 of Civil Procedure Code, praying this Court to set aside the fair and decretal order made in unnumbered I.A in A.S.SR.No.2689 of 2014, dated 6.7.2016, on the file of the District Court,Kanyakumari District at Nagercoil.) 1. This revision has been filed seeking for a direction to set aside the fair and decretal order made in unnumbered I.A in A.S.SR.No.2689 of 2014, dated 6.7.2016, on the file of the District Court, Kanyakumari District at Nagercoil. 2. According to the Petitioner, that the revision petitioner is the appellant in the appeal filed before the District Court, Kanyakumari District at Nagercoil and was assigned asA.S.SR.No.2689 of 2014.The Petitioner herein filed Appeal Suit against the judgement and decree passed in O.S.No.35 of 2007, on the file of Subordinate Court, Padmanabhapuram, Kanyakumari District. The Petitioner has also filed an application under Section 149 of C.P.C to condone the delay of 183 days in repre...
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