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Chennai Court September 1993 Judgments

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Sep 02 1993

Humera Bhanu and ors. Vs. Cholan Roadways Corporation

Court: Chennai

Decided on: Sep-02-1993

Reported in: 1995ACJ325

K.A. Thanikkachalam, J.1. C.M.A. No. 546 of 1985 is directed against the award passed in M.C.O.P. No. 170 of 1984, whereas C.M.A. No. 547 of 1985 is directed against the award passed in M.C.O.P. No. 173 of 1984, on the file of the Motor Accidents Claims Tribunal, Tiruchirappalli. The appellants in C.M.A. Nos. 546 and 547 of 1985 are minor daughter and wife and minor children of the deceased respectively.2. The brief facts which are necessary for the disposal of these appeals are as under:On 14.2.1984 at about 6 p.m. one Syed Ghouse was riding on his motor cycle, bearing registration No. TNJ 2592 with his daughter Humera Bhanu (appellant in C.M.A. No. 546 of 1985) as pillion rider. They were proceeding towards East on the left side of the road. At that time, the bus bearing the registration No. TMN 4749, belonging to the respondent Corporation, was coming behind the motor cycle. The bus was driven by the driver in a rash and negligent manner. The motor cycle was going in a normal speed ...


Sep 02 1993

Minor Humera Bhanu, Represented by Her Mother and Next Friend Sirajunn ...

Court: Chennai

Decided on: Sep-02-1993

Reported in: (1994)1MLJ180

Thanikkachalam, J.1. C.M.A. No. 546 of 1985 is directed against the Award passed in M.C.O.P. No. 170 of 1984, whereas C.M.A. No. 547 of 1985 is directed against the Award passed in M.C.O.P. No. 173 of 1984, on the file of the Motor Accident Claims Tribunal, Tiruchirappalli. The appellants in C.M.ANos.546 and 547 of 1984 are minor daughter and wife and minor children of the deceased respectively.2. The brief facts which are necessary for the disposal of these appeals are as under:On 14.2.1984 at about 6.00 p.m. one Syed Ghouse was riding on his motorcycle, bearing Registration No. TNJ.2592 with his daughter Humera Bhanu (appellant in C.M.A. No. 546 of 1985) as pillion rider. They were proceeding towards East on the left side of the road. At that time, the bus bearing registration No. TMN. 4749, belonging to the respondent - Corporation, was coming behind the motorcycle. The bus was driven by the driver in a rash and negligent manner. The motorcycle was going in a normal speed on the lef...


Sep 02 1993

Pallavan Transport Corporation Ltd. Vs. T.D. Pannerselvam

Court: Chennai

Decided on: Sep-02-1993

Reported in: 1(1994)ACC709

Pratap Singh, J.1. This Civil Revision Petition is directed against the judgment in A.S. 405/85 in the file of IV Additional Judge, City Civil Court, Madras, confirming the judgment in O.S. No. 4476/81 on the file of XVI Assistant Judge, City Civil Court, Madras.2. Short facts are: The respondent, a practising Advocate at Madras in City Civil Court has filed the suit against the revision petitioner Pallavan Transport Corporation Ltd. for damages for the inconvenience caused and for expenses on ground that on 20.6.1981 at about 9.35 a.m. he boarded the Express Bus in Route No. 21 belonging to the revision petitioner for travel to the High Court after purchasing the ticket thereof but it was detained near Q.M.C. bus stop and then taken to Royapettah Police Station and he was asked to get down there and consequently he could not reach the Courts in time and attend his work. The claim was resisted by the revision petitioner, alleging that tickets were checked at Q.M.C. but stands. At that ...


Sep 02 1993

Sundaram Finance Limited Vs. the Regional Transport Commissioner and a ...

Court: Chennai

Decided on: Sep-02-1993

Reported in: (1993)2MLJ586

ORDERA.R. Lakshmanan, J.1. The petitioner-company is a public limited company incorporated under the provisions of the Indian Companies Act, 1913. It carries on business of hire purchase on vehicles, machinery, equipments and also leasing of machinery and equipments. It filed the above writ petition for the following relief: To issue a writ of certiorarified mandamus by calling for the records of the 1st respondent in No. 105385/A4/93, dated 3.2.1993 and quash the same and further direct the 1st respondent to issue a fresh Registration Certificate under Section 51(5) of the Motor Vehicles Act (hereinafter referred to as the Act) in relation to the vehicle TN 59 A 0144 in favour of the petitioner-company.2. In the course of business, the petitioner was approached by the 2nd respondent during May, 1990, with a request to purchase a new Ashok Leyland Chassis from the dealers M/s. T.V. Sundaram lyengar and Sons Ltd., Madurai, and let it on hire to the 2nd respondent (hirer) under hire purc...


Sep 01 1993

Varadappa Gounder and ors. Vs. Karuppa Goundar

Court: Chennai

Decided on: Sep-01-1993

Reported in: (1994)1MLJ370

ORDERPratap Singh, J.1. This civil revision petition is directed against the order in I.A No. 502 of 1982 in O.S. No. 184 of 1982 on the file of the District Munsif, Thiruchengode.2. Short facts are: Respondent's father, Mottaian ; alias Adakkathia Gounder, filed the suit in O.S. No. 527 of 1959, for partition and separate possession of his 1/5 share in the suit property. In that suit, on 16.7.1960 a preliminary decree was passed. Later he filed I.A. No. 698 of 1965 for passing of a final decree. A commissioner was appointed to suggest the modes of division and he had filed his report. The defendants filed I.A No. 1268 of 1967 putting forth their objections to the Commissioner's report and sought appointment of a fresh commissioner. That application was dismissed on 4.7.1967. A revision petition, filed against that order before this Court, was also dismissed. By then I.A. No. 698 of 1965 was pending. On 12.5.1970 the plaintiff died and so I.A. No. 698 of 1965 was allowed to be dismisse...


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