Chennai Madurai Court May 2016 Judgments
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V. Arumugam and Others Vs. R. Chandrasekaran and Another
Court: Chennai Madurai
Decided on: May-26-2016
(Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree passed in A.S.No.2 of 2004, dated 11.04.2005, on the file of the Appellate Authority/Principal Sub Court, Thanjavur, reversing the Judgment and Decree passed in O.S.No.294 of 1997, dated 04.03.2004, on the file of the District Munsif, Thanjavur.) 1. The Second Appeal has been filed challenging the Judgment and Decree dated 11.04.2005, made in A.S.No.2 of 2004, on the file of the Appellate Authority/Principal Sub Court, Thanjavur, reversing the Judgment and Decree, dated 04.03.2004, made in O.S.No.294 of 1997, on the file of the learned District Munsif, Thanjavur. 2. The case of the plaintiffs, as culled out from the plaint for the purpose of disposal of the Second Appeal, is as follows:- The suit property is a landed property, which belonged to the first defendant. In the month of February 1991, the first defendant was engaged in construction of house at Thanjavur. He was in...
Theresammal and Other Vs. Regi and Other
Court: Chennai Madurai
Decided on: May-26-2016
R. Mahadevan, J. 1. The appellants herein, who are the defendants in the suit, which was filed by the respondents herein for partition and separation possession, have come up with the present Appeal Suit questioning the validity of the Judgment and Decree dated 30.06.2010 made in O.S. No. 182 of 2009, on the file of the District Court, Kanyakumari at Nagercoil. 2. The case of the plaintiffs, as culled out from the plaint, is as follows:- The first defendant is the mother of the plaintiffs and the other defendants. The suit property originally belonged to late John Chettiar, who is the husband of the first defendant and the father of the plaintiffs and the defendants 2 to 4. He was in possession and enjoyment of the suit property till his death, viz., on 08.11.2003 and he left the plaintiffs and the defendants as his surviving legal heirs. While the said John Chettiar was alive, he had yet another property of 30 cents of land, which was allotted to the fifth plaintiff and the defendants...
Chandra Mohan Vs. Shanmugavalli
Court: Chennai Madurai
Decided on: May-26-2016
(Prayer: Review Petition filed under Order 47 Rules 1 and 2 of the Code of Civil Procedure, to review the judgment and decree dated 15.02.2012 made in S.A.(MD)No.112 of 2008 by this Court.) 1. The review applicant is the appellant in S.A.(MD)No.112 of 2008 and this Review Application is directed against the judgment of this Court, dated 15.02.2012, to review the same. 2. For the sake of convenience, the parties are referred to, according to their litigative status before the trial Court. 3. Nutshell facts that lead to the filing of the present Review Application, could be succinctly portrayed thus: 3.1. The suit in O.S.No.474 of 2002 on the file of the I Additional Sub Judge, Madurai, was filed plaintiff for partition of half share in the suit items and for rendition of accounts. The suit properties are 18 in number. The properties belonged to two sisters, namely, Chinnamadiammal and Chellammal, having been allotted to them in a suit for partition. 3.2. The plaintiff and the defendant ...
Petitioner Vs. Respondent
Court: Chennai Madurai
Decided on: May-25-2016
S.S. Sundar, J. 1. The petitioners/A2 and A3, who were arrested and remanded to judicial custody on 04.04.2016, for the offences punishable under Sections 341, 363, 384, 323, 395 and 397 IPC, in Crime No.149 of 2016 on the file of the respondent police, have filed the present petition for getting bail. 2. The case of the prosecution is that there was a land dispute between the first accused and the de facto complainant and that due to previous motive, the incident has occurred and the case was registered. 3. Mr.M.Suresh, learned counsel appearing for the petitioners has submitted that petitioners are innocent persons and they have been falsely implicated in the present case and they have been arrested and remanded to custody on 04.04.2016 and since then they are in duress. It was also submitted that already one of the co-accused/A4 was released on bail by this Court, by order dated 11.05.2016 in CRL.OP(MD)No.7962 of 2016. Under the said circumstances, the petitioners are entitled to ge...
R.M. Baskaran Vs. The State Election Commissioner, Chennai and Another
Court: Chennai Madurai
Decided on: May-19-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the second respondent to unlock and unseal the premises of Sri Muthu Lodge, belonging to the petitioner and to return a sum of Rs.20,14,850/- seized from the said lodge on 13.05.2016, by considering the representation dated 15.05.2016, within the stipulated period of time.) 1. Mr.Aayiram K.Selvakumar, learned Government Advocate, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. This Writ Petition has been filed seeking a Writ of Mandamus, directing the second respondent to unlock and unseal the premises of Sri Muthu Lodge, belonging to the petitioner and to return a sum of Rs.20,14,850/- seized from the said lodge on 13.05.2016, by considering the representation dated 15.05.2016. 3. It is the case of the petitioner that the second respondent, District Election Officer / Distr...
Kandasamy Educational Charitable Trust, Rep. by its Managing Trustees, ...
Court: Chennai Madurai
Decided on: May-19-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the first respondent to grant approval of Mr. Valluvan as Secretary of Sivaram Middle School, Mamsapuram, Srivilliputur Taluk, Virudhunagar District based on the proposal submitted by the petitioner dated 06.04.2016.) 1. This writ petition has been filed seeking a direction to the first respondent to grant approval of Mr.Valluvan, as Secretary of Sivaram Middle School, Mamsapuram, Srivilliputur Taluk, Virudhunagar District, based on the proposal submitted by the petitioner dated 06.04.2016. 2. The Writ petitioner is a Charitable Trust, viz., Sri Kandasamy Educational Charitable Trust, which is running a School named 'Sivaram Middle School' at Mamsapruam, Srivillputur Taluk. 3. The petitioner has sent a proposal on 06.04.2016 stating that the term of the Secretary of the School was expired on 07.02.2016 and the Trust is decided to appoint Mr. K. Valluvan as School Sec...
A. Murugesan Vs. The District Collector, Dindigul and Others
Court: Chennai Madurai
Decided on: May-19-2016
(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 passed by the second respondent dated 15.04.2016 and quash the same as illegal and unconstitutional and consequently direct the respondents 1 to 4 to grant permission an also provide adequate Police protection for conduct and celebrate the Vaigashi festival of Sri Kali Amman, Sri Mari amman and Sri Bhagavathi Amman temple, Nandavanapatti, Dindigul District form 24.05.2016 to 26.05.2016 as mentioned in his representation dated 26.03.2016.)1. This writ petition has been filed calling for the records relating to the impugned order passed by the second respondent, dated 15.04.2016 and quash the same as illegal and unconstitutional and consequently direct the respondents 1 to 4 to grant permission and also provide adequate Police protection for conduct and celebrate the Vaigashi festival of Sri Kali Amman, Sri...
Felix Selvarajan Vs. The Deputy Superintendent of Police, Kanyakumari ...
Court: Chennai Madurai
Decided on: May-11-2016
(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned II Additional District Judge-cum-PCR Court, Tirunelveli District, to consider the bail application of the petitioner on the same day on merits in the event of his surrender in connection with Crime No.173 of 2016, on the file of the second respondent.) 1. This petition has been filed, seeking to direct the learned II Additional District Judge-cum-PCR Court, Tirunelveli District, to consider the bail application of the petitioner on the same day on merits in the event of his surrender in connection with Crime No.173 of 2016, on the file of the second respondent. 2. Learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Section 294(b) of IPC, Section 4 of TNPWH Act and Section 3(i)(r) and 3(i)(s) of SC/ST (POA) Act, 2015, in Crime No.173 of 2016 and that in view of the specific bar under Sectio...
Subanandaraj Vs. Mani
Court: Chennai Madurai
Decided on: May-11-2016
(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 28.01.2013 passed in A.S.No.34 of 2011 on the file of the Subordinate Judge, Kuzhithurai reversing the judgment and decree dated 14.12.2010 passed in O.S.No.527 of 2005 on the file of II Additional District Munsif Court, Kuzhithurai.) 1. Subanandaraj, S/o.Nallamuthu, the second defendant in the original suit is the appellant herein. Mani S/o.Muthunayagam, the plaintiff in the said suit is the sole respondent in the second appeal. 2. The respondent herein filed O.S.No.527 of 2005 in the Court of District Munsif, Kuzhithurai against one Nallamuthu, S/o.Late Gnanamony Nadar and Subanandaraj, S/o.Nallamuthu for declaration of his title over the plaint 'B' schedule property, for recovery of the plaint 'B' schedule property from the defendants therein, for recovery of future mesne profits at the rate of Rs.300/- per annum from the date of plaint till recovery of possession and...
Kumar and Others Vs. The Deputy Superintendent of Police, Madurai and ...
Court: Chennai Madurai
Decided on: May-11-2016
(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned III Additional District and Sessions Judge (PCR Court), Madurai, under the SC/ST Act to consider the bail application of the petitioners on the same day of surrender in connection with in Crime No.261 of 2016.) 1. This petition has been filed, seeking to direct the learned III Additional District and Sessions Judge (PCR Court), Madurai, under the SC/ST Act to consider the bail application of the petitioners on the same day of surrender in connection with in Crime No.261 of 2016. 2. Learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 294(b) and 323 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and r/w. Section 3(2)(V) of SC/ST Prevention of Atrocities Act, 1989, in Crime No.261 of 2016 and that in view of the specific bar under Section 18 of the ...
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