Chennai Madurai Court November 2016 Judgments
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The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai ...
Court: Chennai Madurai
Decided on: Nov-30-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to issue suitable orders to exempt / regulate the exchange demonetized currency notes of the value Rs.500/- and Rs.1000/- lying in the hands of Subordinate Courts of Tamil Nadu as cash properties involved in cases in trial / enquiries / investigation, after the 31st December 2016 or 31st March 2017.) 1. After notification issued by the Union of India, demonetizing Rs.1,000/- and Rs.500/- currency notes, this Court received report from the District Judges of the Districts falling with the territorial jurisdiction of this Bench. It is reported that the demonetized Rs.1,000/- and Rs.500/- currency notes in huge quantities are now in the custody of the Courts as case properties. It was also reported that it may take months or even years for these cases to get disposed of and then, for the Courts to pass orders disposing of these currency notes. For any reaso...
Selvaraj and Another Vs. The Secretary to Government, Adidravidar and ...
Court: Chennai Madurai
Decided on: Nov-30-2016
(Common Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the entire records pertaining to the circular of the second respondent in Na.Ka.No.E4/11027/15-1 dated nil signed on 15.05.2015 and quash the same consequently directing the second respondent to act in accordance with the Government Standing Order N.18 dated 13.02.2015 of the first respondent.) Common Order: 1. Challenging the circular issued by the second respondent, dated 15.05.2015, the present writ petitions have been filed. 2. According to the petitioners, they are registered contractors carrying out the works entrusted by the Adidravidar and Tribal Welfare Department. Earlier the Junior Engineer of Adidravidar and Tribal Welfare Department is empowered to give technical sanction for the work upto Rs.1,00,000/-. Considering the difficulty faced, the Government passed G.O.Ms.No.18, Adidravidar and Tribal Welfare Department, dated 13.02.2015, there...
T.B. Venkatachari and Others Vs. R. Santhana Lakshmi and Others
Court: Chennai Madurai
Decided on: Nov-30-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, to set aside and reverse the decree and judgment passed in A.S.No.107 of 2003, dated 09.03.2015 on the file of the II Additional District and Sessions Judge, Thanjavur allowing the appeal granting relief of Pre-emption and remanding the same by set aside the judgment and decree of the Additional Subordinate Judge, Kumbakonam in O.S.No.28 of 1994, dated 03.12.2002 and allow the second appeal, thereby dismissing the suit in O.S.No.28 of 1994 on the file of the Additional Sub Court, Kumbakonam with costs through out.) The third defendant and the legal representatives of the 7th defendant in the suit in O.S.No.28 of 1994 on the file of the Additional Sub Court, Kumbakonam, are the appellants in this Second Appeal. The first respondent in this Second Appeal filed a suit in O.S.No.28 of 1994 for declaration of plaintiff's preemptive rights over the suit property and for consequential relief of possession of the suit prop...
M/s. Tamilnadu State Transport Corporation Ltd., Trichy Vs. Sumathi an ...
Court: Chennai Madurai
Decided on: Nov-30-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 21.12.2006 made in M.C.O.P.No.2587 of 2001, on the file of the Motor Accident Claims Tribunal (III Additional Subordinate Judge), Tiruchirappalli.) 1. It is a case of a fatal accident took place on 14.06.2000 around 0.30 hours early morning on Trichy-Chennai NH road. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, Trichirappalli in M.C.O.P.No.2587 of 2001 and the Tribunal, considering the facts and circumstances of the case, granted a sum of Rs.8,14,880/- as total compensation. 2. Challenging the same, the appellant Tamil Nadu State Transport Corporation Ltd., preferred this appeal mainly on the ground that the quantum of compensation awarded by the Tribunal as excessive and further on the ground of liability. 3. The learned Counsel for the appellant submitted that the Tribunal has granted...
Moorthi @ Ramanathan Vs. State Rep. by the Inspector of Police, Meemis ...
Court: Chennai Madurai
Decided on: Nov-30-2016
(Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C. against the judgment, dated 27.04.2015, made in S.C.No.120 of 2013, by the learned Additional District and Sessions cum Special Judge for EC and NDPS Act cases, Pudukkottai.) 1. The appellant is the sole accused in S.C.No.120 of 2013 on the file of the learned Additional District and Sessions cum Special Judge for EC and NDPS Act cases, Pudukkottai. He stood charged for the offence under Section 302 IPC (2 counts). By judgment dated 27.04.2015, the trial Court convicted the appellant/accused under Section 302 IPC for 2 counts and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,50,000/-, for each count, 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 were one Mrs.Tamilselvi and Mr.Arjunan (hereinafte...
S. Regina Devi and Another Vs. Chellakannu @ Chokkalingam
Court: Chennai Madurai
Decided on: Nov-30-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to call for the records relating to fair and decretal order passed in I.A.No.276 of 2016 in O.S.No.116 of 2016, dated 7.11.2016, on the file of the District Munsif Court, Thirumangalam and to set aside the same.) 1. The learned counsel for the Petitioners seeks permission of this Court to not press this Civil Revision Petition and has also made an endorsement to that effect. 2. In view of the same, the Civil Revision Petition is dismissed as not pressed. Liberty is granted to the Petitioner to challenge the fair and decretal order impugned herein in the manner known to law. Consequently connected Miscellaneous Petition is dismissed. No costs....
R. Raman @ Bose (Died) and Another Vs. P.T.P. Arunachalam
Court: Chennai Madurai
Decided on: Nov-30-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 26.11.2004, made in A.S.No.137 of 1996 on the file of the III Additional Subordinate Court, Madurai, confirming the judgment and decree dated 17.07.1996, made in O.S.No.462 of 1991, on the file of the Additional District Munsif Court, Madurai.) 1. This Second Appeal has been filed against the judgment and decree dated 26.11.2004, made in A.S.No.137 of 1996 on the file of the III Additional Subordinate Court, Madurai, confirming the judgment and decree dated 17.07.1996, made in O.S.No.462 of 1991, on the file of the Additional District Munsif Court, Madurai. 2. The first appellant (since deceased) is the first defendant, who lost in both the Courts below. The second appellant is the legal heir of the first appellant. The first respondent is the plaintiff. The second respondent is the second defendant in the suit in O.S.No.462 of 1991, on the file of the Additional District Mu...
The Oriental Insurance Company Ltd., through its Divisional Manager, C ...
Court: Chennai Madurai
Decided on: Nov-30-2016
(Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award made in M.C.O.P.No.608 of 2006, dated 03.07.2007, on the file of the Motor Accident Claims Tribunal cum II Additional District Judge, Tirunelveli.) Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree made in M.C.O.P.No.608 of 2006, on the file of the Motor Accident Claims Tribunal, (I Additional District Judge), Tirunelveli, dated 03.07.2007.) Common Judgment: 1. It is a case of fatal accident caused on account of an accident took place on 24.03.2006 around 01.30p.m. on Tirunelveli Nagercoil main road. The legal heirs of the deceased person filed an application seeking compensation before the Motor Accident Claims Tribunal, Tirunvelveli and the Tribunal, considering the facts and circumstances of the case, awarded a total sum of Rs.12,62,750/- as compensation. 2. The appeallnt Insurance Company has filed ...
Narayanan Vs. Mayandi
Court: Chennai Madurai
Decided on: Nov-30-2016
(Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code praying this Court to call for the records from the lower Court, hear the appellant, set aside the order passed by the learned District Munsif, Thirumangalam made in I.A.No.122 of 2009, dated6.7.2009 and allow the Petition by condoning the delay of 174 days in filing the petition to set aside the orders made in I.A.No.787 of 2005 in O.S.No.197 of 2004 on the file of the learned District Munsif, Thirumangalam.) Order: 1. The Petitioner as well as the respondent and their respective counsels present before this Court. Both the parties have represented before this Court that they have settled the matter out of Court and have also filed a memo of compromise to that effect. 2. In view of the above, the Civil Revision Petition is disposed of in terms of compromise memo. The Compromise memo shall form part and parcel of the order. Consequently, connected Miscellaneous Petition is closed. No costs....
Veeramani Vs. State, rep. by The Inspector of Police, Karur Town Polic ...
Court: Chennai Madurai
Decided on: Nov-30-2016
(Prayer: Appeal under Section 374 of the Code of Criminal Procedure against the judgment of the learned Sessions Judge, Fast Track Mahila court, Karur, dated 11.09.2015, made in S.C.No.5 of 2015, convicting the appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default to undergo simple imprisonment for 3 months.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.5/2015 on the file of the learned Mahila Fast Track and Sessions Court, Karur. He stood charged for the offence under Section 302 IPC. After trial, by judgment, dated 11.09.2015, the trial court found the appellant/accused guilty under Section 302 IPC, convicted him thereunder and sentenced to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default to undergo simple imprisonment for three months. Challenging the said conviction and sentence, the appellant has come up with this appeal. 2. The case of the prosecution, in brief, is ...
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