Chennai Court November 1999 Judgments
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Ramasamy Gownder Vs. Inspector of Police, District Crime Branch, Kanch ...
Court: Chennai
Decided on: Nov-26-1999
Reported in: 2000(1)CTC206
ORDER1. The petitioner has filed this petition to grant remission as per G.O.Ms. No. 1342, Home (Prisons-IV) Department, dt.12.9.1998.2. The petitioner was an accused in C.C. No-390 of 1990 on the file of the Judicial Magistrate-II, Chengalpattu, for offences under section. 467,468,471 and 420 I.P.C. After full trial, on 18.1.1995 learned Magistrate found the accused guilty under each one of the offence, convicted and sentenced him to undergo R.1 for six months and to pay of Rs.500 in default R.I. for three months and the sentence to run concurrently. The petitioner has paid the total fine of Rs.2500. he has preferred an appeal before the learned Sessions Judge, Chengalpattu in C.A.No.8 of 1995 and the learned Sessions Judge confirmed the conviction and sentence passed by the trial Court and dismissed the appeal on 15.11.1995. The petitioner filed the Crl. R.C. No. 852 of 1995 and this Court confirmed the conviction and sentence and dismissed the revision on 19.12.1997. As per the judg...
R. Sivalingam and 105 Others Vs. State by the Inspector of Police C.B. ...
Court: Chennai
Decided on: Nov-26-1999
Reported in: 2000(2)CTC713
ORDER1. The above petition has been preferred under Section 482, Cr.P.C. to call for the records in C.C.No.13 of 1997, on the file of the learned Judicial Magistrate-VII, Trichy and to quash the proceedings. 2. Admittedly, two FIRs, one in Crime No.282 of 1991 and another in Crime No.283 of 1991 on the file of Airport Police Station, Golden Rock Circle, Trichy, were registered on the basis of the complaints given by Mr.D. Radhakrishnan, Inspector of Police (Law &; Order), Palakkarai Police Station, Trichy Town at 16.30 hrs. on 16.8.1991 and by Mr.K.K. Williams at 19.00 hrs, on 16.8.1991 respectively, in respect of one and the same incident said to have taken place between 12.00 and 13.00 hrs. in front of Trichy Airport on the Trichy-Pudukottai Main Road within the jurisdiction of the said Police Station. 3. According to the prosecution, the petitioners, who are the accused in the said crimes, are either members or sympathisers of AIADMK party; the petitioners/accused, in order to show ...
State of Tamilnadu Represented by Its Executive Engineer (Construction ...
Court: Chennai
Decided on: Nov-26-1999
Reported in: (2000)IILLJ331Mad
ORDERV. Kanagaraj, J.1. The petitioner herein is the State of Tamil Nadu represented by the Executive Engineer (Construction), Industries and Commerce Department, which has filed this writ petition praying to issue a writ of certiorari or any other appropriate writ or order to call for the records of the first respondent made in I.D. No. 1152 of 1989, dated October 4, 1991 and quash the same. 2. Today, when the above matter was taken up for consideration, the learned counsel appearing for the petitioner/State is present and argued his case whereas on the part of the respondents, especially the third respondent, who was impleaded as the legal representative of the deceased/second respondent and who is the contesting respondent, neither himself nor through his counsel was present not only this day but on many hearings in the past and hence this matter has to be decided with the available materials placed on record and upon hearing the learned counsel for the petitioner/State. 3. The subj...
Nalini and 3 Others Vs. the Governor, State of Tamil Nadu, Raj Bhavan, ...
Court: Chennai
Decided on: Nov-25-1999
Reported in: 2000(1)CTC28
ORDER1. In all these cases, the petitioners are seeking to issue a writ of declaration, declaring that the order of the first respondent/Governor, in rejecting the mercy petitions dated 17.10.1999 submitted by the petitioners as communicated in the communication dated 27.10.1999, issued by the forth respondent as ultra vires, the Constitution of India illegal and inoperative.2. The petitioners were charge-sheeted and tried in the Rajiv Gandhi Assassination Case. The designated Court convicted them for offences under Section 302 read with Section 120-B of the Indian Penal Code and under TADA and other offences. The appeals preferred by the petitioners were dismissed by the Apex Court. Even the Review Applications ended in dismissal, as a result of which the date was fixed by the jail authorities for hanging the petitioners.3. Thereafter, according to the petitioners, they have submitted the petitions dated 17.10.1999, claiming the mercy of the Governor of the State of Tamil Nadu with en...
Duraipandian Vs. Tamiljothi and 3 Others
Court: Chennai
Decided on: Nov-25-1999
Reported in: 2000(2)CTC574
ORDER1. The defendant in O.S.No.117 of 1997 on the file of the Principal Subordinate Court, Tenkasi is the revision petitioner.2. The said suit was filed by the respondents herein/plaintiffs for partition. The revision petitioner is the son of the first wife of the fourth plaintiff and respondents 1 to 3 are the daughters of the second wife of the fourth plaintiff. Alleging that the family remains undivided, the said suit was filed for partition. In the written statement filed by the revision petitioner, he alleged that between himself and the fourth plaintiff, there was an oral partition on the basis of the Panchayat and plaintiffs 1 to 3 also relinquished their claim and agreed for a division and on the basis of the panchayat held, the properties were taken possession. To substantiate that there was a panchayat and consequent oral partition, the petitioner relied upon a memorandum of settlement executed between himself and the fourth plaintiffdated 21.4.1996 and he wanted the said do...
The Madura Talkies Pvt. Ltd., Represented by Its Licensee Owners of Ne ...
Court: Chennai
Decided on: Nov-24-1999
Reported in: 2000(1)CTC68; (2000)1MLJ675
ORDERJudgement pronounced by K.P. Sivasubramaniam, J.1. Three writ petitions were filed by the appellant, Madura Talkies Private Limited all relating to the grant of 'C' form licence for running the cinema theatre, and for various reliefs, which were disposed of by S.S. Subramani, J. by a common order dated 29.4.1998. W.P.No. 1170 of 1998 was filed for a writ of certiorified mandamus to quash the proceedings of the Collector, Madurai District, dated 30.12.1997 and to direct him to consider the application for the renewal of 'C' form licence issued in favour of the petitioner. W.P.No. 3514 of 1998 was directed against the grant of 'E' form licence which was granted for restricted period between 1.3.1998 and 24.3.1998. The present appeal has been filed against the order in W.P.No. 4193 of 1998 wherein the appellant had prayed for the issue of a writ of certiorarified mandamus to quash the order of the first respondent, District Collector, Madurai, dated 21.3.1998 in so far as it restrict...
J. Mohanraj Vs. Union of India Rep. by Its Secretary Department of Hom ...
Court: Chennai
Decided on: Nov-24-1999
Reported in: 2000(1)CTC526
ORDERK. G. Balakrishnan, C.J.1. The petitioner is a retired police officer. He joined the police department of Tamil Nadu in October 1976 and from 1985 onwards, he was working as the inspector of Police in Central Bureau of Investigation till 1988, While he was working as Inspector of Police, Law and Order, at Esplanade Police Station, Chennai, the murder of late Prime Minister Shri Rajiv Gandhi took place on 21.5.1991 and according to the petitioner, he was also included in the Special Investigation Team (S.I.T.) of the Central Bureau of Investigation, which was entrusted with the investigation of the murder case relating to the death of Shri Rajiv Gandhi. The Special Investigation Team was headed by the fourth respondent Thiru Karthigeyan and his team was exclusively given the possession of a building named 'Malligai' at Greenways Road, Madras. According to the petitioner, a phone bearing number, 107 was installer and sufficient publication was given to the public that if any person ...
The Regional Director, E.S.i. Corporation 143, Sterling Road, Madras 3 ...
Court: Chennai
Decided on: Nov-23-1999
Reported in: 2000(1)CTC219; (2000)ILLJ893Mad
ORDER1. This C.M.A has arisen in this way:The appellant herein, E.S.I. Corporation, passed an order under section 45A of Employees State Insurance Act (hereinafter called in short as 'E.S.I. Act') directing the respondent to pay contribution towards the employees engaged for loading and unloading the furniture. The respondent Sr.S. Brothers are the dealers in Godrej Products, Furniture and office equipments. For the purpose of their business, they had to load and unload furniture in lorries, for which purpose, skilled labourers were to be engaged. The respondent engaged an independent agency run by one Meenakshi Sundaram to send skilled persons for loading and unloading. The E.S.I. Corporation held those persons also as employees of the respondent and directed the respondent to pay contribution for these persons also. The respondent preferred a petition under section 75 of the E.S.I Act for a declaration that the order passed by the E.S.I Corporation in this regard is illegal.2. The le...
Tamil Nadu Industrial Investment Corporation Ltd., Rep. by Its Branch ...
Court: Chennai
Decided on: Nov-23-1999
Reported in: 2000(3)CTC525
ORDER1. Petition filed under Section 31(1)(aa) of the State Financial Corporation Act, directing respondents 2 and 3 to pay the petitioner a sum of Rs.24,19,380.20 with further interest at 16% per annum from the date of filing till the date of realisation.2. The case in brief is as follows:The 1st respondent through its partners applied for a term loan for business for manufacturing audio cassettes and a term loan of Rs.7.35 lakhs was sanctioned, by an order dated 30.6.82 by the petitioner. The terms of repayment and rate of interest are specified in the sanction order. The 1st respondent executed a deed of hypothecation on 29.11.92 thereby hypothecating the machineries financed by the petitioner. Respondents 2 and 3 executed a deed of guarantee on 29.11.82 thereby fully guaranteeing the due repayment of the above loan. The guarantee is a continuing one. It is also joint and several. The first respondent did not care to repay the loan and became a chronic defaulter. In spite of reminde...
S. Panneer Selvam and anr. Vs. Indian Overseas Bank and ors.
Court: Chennai
Decided on: Nov-23-1999
Reported in: [2000]99CompCas522(Mad)
B. Akbar Basha Khadiri, J.1. Tr. C. M. P. No. 6679 of 1999 : This petition is to withdraw T. A. No. 170 of 1997, on the file of the Debt Recovery Tribunal, Chennai, to the original side of this court.2. This petition has arisen in this way :The second respondent-firm represented by the partners--respondents Nos. 3 and 4-incurred a debt with the first respondent, the Indian Overseas Bank, T. Nagar branch. The petitioners herein and the fifth respondent stood guarantors for the debt and created a mortgage by deposit of title deeds in favour of the first respondent on December 3, 1987. There had been default in payment and therefore, the first respondent, Indian Overseas Bank instituted a suit in C. S. No. 1553 of 1992 on the file of this court against respondents Nos. 2 to 5 and the petitioners herein for recovery of Rs. 16,54,740.25. Pending the suit, the Recovery of Debts due to Banks and Financial Institutions Act, 1993, came into force and the suit was transferred to the Debt Recover...
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