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Chennai Madurai Court October 2016 Judgments

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Oct 21 2016

P. Sathyakala Vs. K. Ganesh Kumar

Court: Chennai Madurai

Decided on: Oct-21-2016

(Prayer: Petition filed under Section 24 of Civil Procedure Code to withdraw and transfer I.A.No.807 of 2015 in H.M.O.P(SR)No.4189 of 2015 pending on the file of the learned Family Court Judge, Chennai to try along with H.M.O.P.No.57 of 2015 on the file of the learned Subordinate Judge, Ramanathapuram.) 1. The present petition is filed seeking for transfer of I.A.No.807 of 2015 in H.M.O.P(SR)No.4189 of 2015 pending before the Family Court, Chennai to the Subordinate Court, Ramanathapuram, to be tried along with H.M.O.P.No.57 of 2015. 2. The marriage between the petitioner and respondent was solemnized on 30.10.2014 at Rameswaram Temple, Ramanathapuram District, as per Hindu Rites and Customs and due to the strained relationship between the parties, they lived separately. The petitioner filed a petition in H.M.O.P.No.57 of 2015 before the Sub Court, Ramanathapuram for restitution of conjugal rights and the respondent filed I.A.No.807 of 2015 in H.M.O.P(SR)No.4189 of 2015 before the Fami...


Oct 21 2016

A. Sumithira Vs. H. Harikrishnan

Court: Chennai Madurai

Decided on: Oct-21-2016

(Prayer: Petition filed under Section 24 of the Civil Procedure Code, to withdraw the case in HMOP.No.951 of 2016 on the file of the Family Court, Chennai and transfer the same to the file of Family Court, Tirunelveli.) 1. The marriage between the petitioner and the respondent was solemnized on 23.01.2015 at Arulmigu Vadapalani Aandavar Thirukovil, Vadapalani, as per the Hindu rites and customs and the respondent was working as Music Teacher at Chennai. Due to strained relationship between the parties, the respondent filed HMOP No.951 of 2016 seeking divorce, which is pending before the Family Court, Chennai. 2. The contention of the petitioner is that after their separation from the matrimonial home, the petitioner left Chennai and came to Tirunelveli and now she is residing with her parents at Tirunelveli. The petitioner is unemployed and not having income of her own and at this point time, she is unable to travel from Tirunelveli to Chennai to defend the case effectively. 3. The lea...


Oct 21 2016

P. Jeyakavitha Vs. The United India Insurance Company Limited

Court: Chennai Madurai

Decided on: Oct-21-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal order made in I.A.No.227 of 2016 in M.C.O.p.No.24 of 2013, dated 28.7.2016, on the file of the Motor Accident Claims Tribunal(Chief Judicial Magistrate), Nagercoil.) 1. This revision has been filed seeking for a direction to set aside the fair and decretal order made in I.A.No.227 of 2016 in M.C.O.P.No.24 of 2013, dated 28.7.2016, on the file of the Motor Accident Claims Tribunal(Chief Judicial Magistrate), Nagercoil. 2. According to the Petitioner, the Petitioner has filed the above application to permit her to get her part of compensation of Rs.12,02.289/- with accrued interest and costs, by relaxing the condition imposed in the decree. The said application filed by the Petitioner was dismissed. Aggrieved by the same, the revision petitioner has filed the present revision petition before this Court. 3. The learned counsel for the respondent/Insurance Company would subm...


Oct 21 2016

The General Manager, State Express Transport Corporation Vs. The Presi ...

Court: Chennai Madurai

Decided on: Oct-21-2016

(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records pertaining to the award dated 12.05.2008 in I.D.No.144 of 2001 on the file of the first respondent and quash the same.) 1. This writ petition has been filed challenging the order of the first respondent/Labour Court, Madurai, passed in I.D.No.144 of 2001 dated 12.05.2008, wherein the first respondent/Labour Court has passed an order reinstating the second respondent with continuity of service. 2. The case of the petitioner is that the petitioner is the General Manager, State Express Transport Corporation, Pallavan salai, Chennai 2 and the second respondent, namely, M.Vanagamu has worked as Conductor in the petitioner Corporation. When the second respondent was on duty in the route No.846 from Bangalore to Madurai, at the point of checking at Andhipalli, the Checking Inspector while making his checking, he found that though the second respondent collected Rs.8...


Oct 21 2016

Thamizh Ezhil Arasi Vs. Markandan

Court: Chennai Madurai

Decided on: Oct-21-2016

(Prayer: Petition filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the case in H.M.O.P.No.53 of 2016 pending on the file of Family Court, Sivagangai to any other competent Court at Madurai pending disposal of the above Transfer Civil Miscellaneous Petition.) 1. It is represented by the learned counsel for the petitioner that the transfer civil miscellaneous petition has become infructuous, as the respondent husband died. He has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel for the petitioner, this transfer civil miscellaneous petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is also dismissed....


Oct 21 2016

Venkitusamy and Others Vs. Murugesan and Others

Court: Chennai Madurai

Decided on: Oct-21-2016

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the Judgement and Decree of the learned Additional Subordinate Judge, Dindigul, in A.S.No.192 of 2007 dated 29.04.2010 in reversing the judgment and decree of the District Munsif -cm-Judicial Magistrate, Vedasandhu, in O.S.No.110 of 1996 dated 27.02.2007.) This second appeal has been filed by the plaintiffs 2,3,5,6 and 9 in the suit in O.S.No.110 on the file of the District Munsif -cum- Judicial Magistrate, Vedasandur. 2. The brief facts as set out in the plaint in O.S.No.110 of 1996 are summarised as follows:- One Thagapillai is the original owner of the property. He had three sons, by names, (1) Thiruvapillai (2) Pazhaniyappapillai and (3)Kuppapillai. One Azhagapillai was the only son of Thiruvapillai and the second defendant is the son of the said Azhagapillai. One Ramasamy Pillai and Periyanna Pillai are two son of Pazhaniappapillai and the defendants 3 and 4 are the sons of Ramasamy. The de...


Oct 21 2016

Laila Banu Vs. Devadoss and Others

Court: Chennai Madurai

Decided on: Oct-21-2016

(Prayer: Petition filed under Section 24 of Civil Procedure Code to withdraw the appeal suit in A.S.No.97 of 2010 pending before the Principal Sub Court, Tirunelveli and the same has to be transferred and tried along with the second appeal in S.A.No.737 of 2010 on the file of the Madurai Bench of Madras High Court.) 1. The present petition is filed with a prayer to transfer the appeal suit in A.S.No.97 of 2010 pending before the Principal Sub Court, Tirunelveli, to the Madurai Bench of Madras High Court and to be tried along with S.A.No.737 of 2010. 2. The contention of the petitioner is that the appeal suit in A.S.No.97 of 2010 filed by the first respondent against the Judgment and Decree passed in O.S.No.333 of 2006 is posted for hearing in the list and the case was posted before the Principal Sub Court, Tirunelveli, which decided the appeal in A.S.No.13 of 2010 arising out of its Judgment in O.S.No.321 of 2006. Further, the petitioner pleaded that in the interest of both the parties...


Oct 21 2016

M/s. Shapoorji Pallonji and Company Private Ltd., represented by Autho ...

Court: Chennai Madurai

Decided on: Oct-21-2016

(Prayer in W.P(MD)No.16871 of 2016: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 2nd Respondent in the Letter No. NPCIL/KKNPP/CTC/2016/S/936 dated 2.6.2016 wherein the Respondent have illegally and arbitrarily issued a corrigendum at clause 5 of the Annexure I barring the participation of Joint Venture Association (JVA) and quash the same and direct the Respondents to accept the bid of the Petitioner along with its Joint Venture Association (JVA) and quash the same and direct the respondents to accept the bid of the petitioner along with its Joint Venture Association in subsidiary company, Afcons Infrastructure Limited for award of contract of construction of building at Koodankulam Phase III and IV. Prayer in W.P(MD)No.16872 of 2016: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mand...


Oct 21 2016

Anwar Sheriff and Others Vs. S.E. Mohammed Rizwanullah, Advocates.

Court: Chennai Madurai

Decided on: Oct-21-2016

(Prayer: Civil Revision Petition No.1827 of 2016 filed under Article 227 of the Constitution of India directing the 8 th Small Causes Judge, Chennai to dispose of M.P.No.307 of 2015 in RCA No.483 of 2015 forthwith. Civil Revision Petition No.2302 of 2016 filed under Article 227 of the Constitution of India against the fair and decretal order passed by 10 th Small Causes Judge, Chennai in E.A.o.34 of 2016 in EP No.168 of 2016 in RCOP No.1856 of 2013 dated 21.06.2016.) 1. Heard Both sides. 2. The respondents in R.C.O.P.No.1856 of 2013, on the file of X Judge, Court of Small Causes, Chennai, have filed the Civil Revision Petition in CRP (NPD) No.1827 of 2016 to direct the Rent Control Appellate Authority, VII Judge, Court of Small Causes, Chennai to dispose of the Stay Petition in M.P.No.307 of 2015 in R.C.A No.483 of 2015 within a time frame. 3. Pursuant to the order of eviction, passed in RCOP No.1856 of 2013, the alleged tenants filed an appeal in R.C.A.No.483 of 2015 on the file of VI...


Oct 21 2016

Ponirulandi Vs. Vellaiammal and Another

Court: Chennai Madurai

Decided on: Oct-21-2016

(Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code praying this Court to set aside the fair and decretal order made in E.A.No.71 of 2016 in E.P.No.86 of 2015 in O.S.No.27 of 2010, dated 15.09.2016 on the file of the Principal District Munsif Court, Thoothukudi.) 1. This revision has been filed seeking for a direction to set aside the fair and decretal order made in E.A.No.71 of 2016 in E.P.No.86 of 2015 in O.S.No.27 of 2010, dated 15.09.2016 on the file of the Principal District Munsif Court, Thoothukudi. 2. According to the Petitioner, the second respondent herein has filed a suit in O.S.No.27 of 2010 against the Petitioner and first respondent for declaration and consequential injunction. The aforesaid suit was contested by the Petitioner and first respondent herein. A counter claim relief is sought for by the first respondent .By judgement and decree, dated 28.02.2012, the suit filed by the second respondent was dismissed and the counter-claim filed...



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