Chennai Madurai Court November 2016 Judgments
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The Director General of Police Vs. E. Jayakumar Formerly Inspector of ...
Court: Chennai Madurai
Decided on: Nov-30-2016
(Prayer: Writ Appeal filed under Clause 15 of Letter Patent against the order dated 17.04.2014 made in W.P.(MD).No.14300 of 2011.) M. Sathyanarayanan, J. 1. By consent, this Writ Appeal is taken up for final disposal. 2. The petitioner made a challenge to the show cause notice by filing W.P(MD).No.14300 of 2011 and one of the grounds urged was that in respect of co-delinquent, namely, C.Vijaya Baskar, the then Sub-Inspector of Police, suo motu review was done by the Commissioner of Police, Chennai City and against whom also, show cause notice was issued and it was put to challenge in W.P(MD).No.13611 of 2011 and vide its order dated 12.07.2013, it came to be quashed and no appeal was filed and as such, the impugned show cause notice issued by the appellant herein is also liable to be quashed. The learned Judge after taking into account of the said submission found that the order dated 12.07.2013 in W.P(MD).No.13611 of 2011 is squarely applicable to the facts and circumstances of the ca...
Ramasamy Vs. Mariappan
Court: Chennai Madurai
Decided on: Nov-30-2016
(Prayer: The Civil Revision Petitions has been filed under Section 115 of the Civil Procedure Code against the order and decree passed in I.A.No.297/05 in O.S.No.105 of 1999 on the file of the District Munsif Court, Nilakottai.) Order: 1. This Civil Revision Petition has been filed against the order and decree passed in I.A.No.297/05 in O.S.No.105 of 1999 on the file of the District Munsif Court, Nilakottai. 2. The case of the petitioner is that the petitioner after obtaining preliminary decree in O.S.No.105 of 1999 on the file of the District Munsif Court, Nilakottai, had failed to file a petition for final decree within a period of three years from the date of such preliminary decree which resulted in dismissing the interlocutory petition. Challenging the legality of the same, the petitioner is before this Court. 3. The petitioner has averred that he has gone to Kerala to eke out his livelihood and therefore, there was a delay of 475 days in filing a petition for final decree, which ...
The Branch Manager, The New India Assurance Company Ltd., Ramanathapur ...
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 04.10.2007 made in M.C.O.P.No.94 of 2006, on the file of the Motor Accident Claims Tribunal, Additional District Judge (Fast Track Court), Ramanathapuram.) 1. It is a case of a fatal accident caused in the accident occurred on 11.05.2006 in Rameshwaram -Madurai main road. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, Ramanathapuram in M.C.O.P.No.94 of 2006. The Tribunal, considering the facts and circumstances of the case, awarded a sum of Rs.12,00,000/- as total compensation. 2. Challenging the same, the appellant New India Assurance Company Ltd., preferred this appeal mainly on the ground that the driver of the vehicle which met with the accident, was not in a possession of valid licence and batch endorsement and in view of the violation of policy condition, the appellant Insurance Comp...
Dhanalakshmi Ammal Vs. Veeraputhiran
Court: Chennai Madurai
Decided on: Nov-30-2016
(Prayer:Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgment and Decree dated 28.09.2011 passed in A.S.No.117 of 2008 by the Sub Court, Thoothukudi confirming the Judgment and Decree dated 09.08.2008 passed in O.S.No.485 of 2007 by the Principal District Munsif, Thoothukudi.) 1. The defendant in the suit in O.S.No.485 of 2007 on the file of the Principal District Munsif Court, Thoothukudi, is the appellant in this Second Appeal. 2. The case of the respondent as plaintiff in the suit are as follows: 2.1. The suit property which is referred to in the plaint plan as ABCDFGA belong to the plaintiff under two sale deeds dated 18.06.1987. The portion which is shown as CD is a common wall belongs to the plaintiff and one Kaliappa Nadar who is having his property on the eastern side of the suit property. The wall which is shown as BE in the plaint plan is the exclusive wall of the plaintiff. There are three windows and sunshades which were fixed in the mot...
Vijayan Vs. Kamila Beevi
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings(Lease and Rent Control) Act, 1960 praying this Court to set aside the fair and decretal order made in R.C.A.No.2 of 2008, dated 8.2.2016, on the file of the Rent Control Appellate Authority(Principal Sub-Court), Tirunelveli confirming the fair and decretal order made in R.C.O.P.No.9 of 2006, dated 28.3.2007, on the file of the Rent Controller(Principal District Munsif),Tirunelveli.) 1. This revision has been filed seeking for a direction to to set aside the fair and decretal order made in R.C.A.No.2 of 2008, dated 8.2.2016, on the file of the Rent Control Appellate Authority(Principal Sub-Court), Tirunelveli confirming the fair and decretal order made in R.C.O.P.No.9 of 2006, dated 28.3.2007, on the file of the Rent Controller(Principal District Munsif),Tirunelveli. 2. When the matter is taken up for hearing, the learned counsel for the Petitioner has filed an undertaking affidavit before this Court sta...
B. Chitra Vs. State, Rep. By Inspector of Police, Thanjavur District
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C to set aside the Judgment and Conviction dated 26.02.2015, by the II Additional District and Sessions Court, Thanjavur in S.C.No.131 of 2012 and acquit the Appellant.) M.V. Muralidaran, J. 1. The appellant is the second accused in S.C.No.131 of 2012, on the file of the II Additional District and Sessions Judge, Thanjavur. The trial Court framed charges under Section 302, 120(b), 364, 342 r/w 34, 467 and 201 of I.P.C against this Appellant/Accused. 2. The trial Court by Judgment dated 26.02.2015 convicted the appellant under Section 302 of I.P.C for life imprisonment and to pay a fine of Rs.1000/-, in default further undergo rigorous imprisonment for three months, convicted and sentenced to undergo one year imprisonment under section 342 under IPC, further sentenced convicted and sentenced to undergo three year imprisonment, imposed fine of rupees five hundred, in default to pay the fine amount three months imprisonme...
Nandakumar Vs. The State Through the Inspector of Police, Thathiengarp ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Appeal is filed under Section 374(2) of the Code of Criminal Procedure against the Judgment and conviction dated 09.02.2016 made in S.C.No.92 of 2014, on the file of the learned Principal Sessions Judge, Tiruchirappalli.) Judgment: S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.92 of 2014, on the file of the learned Principal Sessions Judge, Tiruchirappalli. He stood charged for the offences punishable under Sections 449 and 302 of the Indian Penal Code. By Judgment dated 09.02.2016, the Trial Court acquitted the accused from the charge under Section 449 of the Indian Penal Code, but convicted the accused and sentenced him, as detailed below:- Section of Law Sentence of imprisonment Fine amount 302 IPC To undergo imprisonment for life. Rs.1,000/- in default to undergo simple imprisonment for six months. Challenging the said conviction and sentence, the appellant has come up with this Criminal Appeal. 2. The case of the prosecution, in brief, is as follows:- Th...
Special Officer, Kanyakumari District Plantation Employee Cooperative ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, praying to reverse and set aside the judgment and decree dated 19.09.2008 passed by the learned Subordinate Judge, Padmanabhapuram in A.S.No.87 of 2007 in confirming the judgment and decree of Additional District Munsif Court, Padmanabhapuram, in O.S.No.196 of 2002, dated 30.09.2004.) 1. This Second Appeal has been filed by the defendant in the suit in O.S.No.196 of 2002 on the file of the Additional District Munsif Court, Padmanabhapuram. 2. The respondent herein filed a suit in O.S.No.196 of 2002 praying for a decree of permanent injunction restraining the defendant from recovering a sum of Rs.6,925/- from the plaintiff being the arrears of salary earlier that had been paid by the defendant to the plaintiff and also for enabling the plaintiff to recover the arrears from the defendant who had stopped the payment of salary namely a sum of Rs.300/- with effect from 01.05.2001. 3. The suit was resisted by the defenda...
The Divisional Manager, The Oriental Insurance Company Limited, Sivaka ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No.11 of 2013, dated 09.12.2013, on the file of the Motor Accidents Claims Tribunal-cum-Subordinate Judge, Aruppukottai.) 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.758 of 2014, challenging the award passed inMCOP.No.11 of 2013, dated 09.12.2013, on the file of the Motor Accidents Claims Tribunal-cum-Subordinate Judge, Aruppukottai. 2. It is a case of a fatal accident caused in the accident took place on 11.06.2012 around 6.00 p.m. near Arupukkottai to Palayamkottai Road. The motorcycle insured with the Insurance Company bearing Registration No.TN67-AD-6958 driving in rash and negligent manner and dashed against the deceased, resulted grievous injuries causing death in the hospital on 17.06.2012. The deceased person was aged about 59 years and he was a owner of the Hotel business and subsequently shifted his business as land br...
S. Chinnazhagan Vs. The District Collector, Madurai District and Other ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorari, calling for the records relating to the proceedings of the Impugned notification in Na.Ka.No.345/2016-mineral dated 01.08.2016 published in the Madurai District Gazette dated 02.08.2016, on the file of the first respondent and quash the same.) Order: M.V. Muralidaran, J. 1. This writ petition has been filed as public interest writ petition for issuance of Writ of Certiorari calling for the records relating to the proceedings of the impugned Notification in Na.Ka.No.345/ 2016 Mineral dated 01-08-2016 published in the Madurai District Gazette dated 2.8.16 on the file of the first respondent and quash the same. 2. The Petitioner has come with the writ petition as public interest litigation challenging the impugned notification issued by the first respondent to issue license to quarry stone in the unassessed waste land belong to the Government situated in S.No.418, Mettupatti...
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