Chennai Court March 2004 Judgments
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The State of Tamil Nadu Rep. by Its Secretary, Education Department an ...
Court: Chennai
Decided on: Mar-09-2004
Reported in: (2004)2MLJ356
M. Chockalingam, J.1. This Second Appeal has arisen from the Judgment of the learned Principal Judge, City Civil Court, Madras in A.S.No.20/1992 wherein the Judgment of the trial Court, refusing to grant the relief of declaration to the plaintiff was reversed.2. The following facts are noticed in the pleadings of the parties.The plaintiff school was established and is being administered by its Correspondent A.Sathidas who is a Latin Catholic Christian; that the Correspondent of the plaintiff School got married under the Latin Catholic rites on 9.7.85 and he was a member of St.Antony's Church of Thundathuvilai, thus, the Correspondent of the plaintiff School belonged to Christian religious minority community entitled to establish and administer the educational Institutions of his choice and the same has been guaranteed under Article 30(1) of the Constitution of India; that the plaintiff School is having sufficient infra structure in terms of Tamil Nadu Minority Schools (Recognition and ...
P.N. Peruvazhuthi, S/O. Narayanasamy Vs. the Registrar, Pondicherry Un ...
Court: Chennai
Decided on: Mar-09-2004
Reported in: 2004(2)CTC681
ORDERP.D. Dinakaran, J.1. According to the petitioner, the second respondent-College is entitled to award 25 marks towards internal assessment under the following headings:-1. Attendance : 5 marks2. Test : 10 marks3. Home Assignment : 5 marks4. Participation in class teaching : 5 marks--Total 25 marks==1.2. Contending that the denial of 10 marks, viz., 5 marks representing home assignment and 5 marks representing participation in class teaching to the petitioner is arbitrary and unreasonable, the petitioner seeks a writ of Mandamus directing the respondents herein to add 10 marks to the petitioner with Registration No.3619607 to the subject Law Relating to Wages, a paper in L.L.M. Course, for the academic year 1992-94 batch, of the University of Pondicherry and to make necessary corrections in the statement of marks and issue provisional degree certificate to the petitioner.2. Of course, Mr.E.Rajaram, learned counsel appearing for the petitioner, places reliance on the decision of this...
New India Assurance Co. Ltd. Vs. Rahamed and ors.
Court: Chennai
Decided on: Mar-09-2004
Reported in: 2006ACJ994
C.M.A. 420 of 1997:S.R. Singharavelu, J.1. New India Assurance Co. Ltd. is appellant herein. Appeal has been preferred against the award dated 18.10.1995 passed in M.C.O.P. No. 21 of 1995 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge), Kulithalai for a sum of Rs. 95,000.2. The accident took place at 5 a.m. on, 19.2.1988 in the main road between Karur and Trichy and near Mayanoor Kasa Colony when the lorry bearing registration No. TDC 4321, which was rashly and negligently driven by Rajendran, respondent No. 10 herein and it hit against the tamarind tree on the left side of the road. In the said accident one Noor Mohamad who was seated beside the driver sustained injuries and later on succumbed to the same.3. Respondent No. 11 herein, Vijayalakshmi, is the owner of the lorry. The appellant herein is the insurer of the said lorry. The widow, six children and parents are claimants. They claimed a compensation of Rs. 1,50,000 and what was awarded is Rs. 95,000.4. Be...
Management of Tamil Nadu Civil Supplies Corporation Ltd. Vs. Presiding ...
Court: Chennai
Decided on: Mar-09-2004
Reported in: (2004)IIILLJ617Mad
ORDERC. Nagappan, J.1. The petitioner has sought for issuance of writ of certiorari to quash the award dated October 18, 1995 passed in I.D. No. 507 of 1992 by the first respondent.2. The second respondent was initially employed as a casual labourer at Modern Rice Mill, Tiruvarur on daily wage basis at Rs. 51and by order dated September 14, 1981 his wage was fixed at a consolidated amount of Rs. 200/- per month with effect from November 1, 1981. It is further stated by the petitioner that the second respondent along with four others was appointed by Proceeding Re. No. 754/82/A-8 dated May 27, 1983 of the petitioner to the post of casual labourer on daily wages of Rs. 71- and posted at Modern Rice Mill it Thirunageswaram and to be regularised on a Time scale subject to satisfactory performance during one year of probation. It is further stated by the petitioner that with effect from October 1, 1984, the second respondent's salary was fixed with time scale of pay and he failed to :urn up...
State Vs. Udayakumar and ors.
Court: Chennai
Decided on: Mar-08-2004
Reported in: 2004CriLJ2758
1. Crl. Appeal No. 363/ 1997 : State has come forward with this Appeal against the Order of Acquittal in S.C. 231/1992 on the file of Principal Assistant Sessions Court, Cuddalore. By the Judgment dated 3-9-1996, the learned Principal Assistant Sessions Judge, Cuddalore has acquitted A1 to A3 for various offences.2. Crl. Revision Case No. 582/1997; This Revision is preferred by P.W. 1 -- Sudha/ Complainant against the Order of Acquittal by the trial Court acquitting A1 to A3.3. Common points for determination arise in both Appeal and Revision and hence both were heard together and disposed of by this common Judgment.4. Details of the charges framed against the accused and the findings of the trial Court are as noted below :--ChargeNumberGist of the offenceAgainst which accusedFinding of Trial Court1Under Section 4 of Dowry Prohibition ActandUnder Section 498-A r/w 109, IPC -- Instigation for cruelty in demand of dowry A2 Acquitted.2Under Section 498-A, IPC -- Demand of dowry and dowry ...
Habibullah Vs. Mohamed Sultan
Court: Chennai
Decided on: Mar-06-2004
Reported in: 2004(2)CTC270; (2004)2MLJ153
ORDERM. Thanikachalam, J.1. The landlord, who had succeeded in his attempt to evict the tenant from the premises under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter called as 'Act') failed before the Appellate Authority and the result is, he is before me as revision petitioner.2. The petitioner as landlord, had filed a petition before the Rent Controller, Pudukkottai for the eviction of the respondent/tenant, contending that he had proposed to demolish the present old building and the same is required bona fidely for the purpose of demolition and construction of a new building, in order to have better investment for the augmentation of the income, since the income derived at present from the premises is not economical. It is also the case of the landlord, that the demised building is very old and the same is not in good condition, requiring immediate demolition and new construction. It is further stated that necessary approval was obtained...
B.D.V. Rangarathinam and ors. Vs. Sri Bakthositha Perumal Temple and o ...
Court: Chennai
Decided on: Mar-06-2004
Reported in: 2004(4)CTC641
ORDERK. Govindarajan, J.1. Defendants 3, 4, 9 and 21 having aggrieved by the judgment and decree in O.S.No. 170/1981, as confirmed by the learned single Judge, in Tr.Appeal No. 11/1993, filed the above Appeal,2. Plaintiffs/respondents 1 to 5 filed a suit in O.S.No. 170/1981 on the file of the learned District Munsif, Sholinghur to direct the transfer of trust properties to the plaintiffs' beneficiaries and deliver the same to them in pursuance of the title declared in O.S.No. 44/1912, on the file of the Sub-Court, North Arcot District at Chittoor and for direction to defendants 1 to 7, 8, 21 and 22 to duly account for the rent and profits of the trust properties and pay them the sums available with them as belonging to trust together with interest till payment.3. It is not in dispute that the suit properties originally belonged to Velliagaram Alwar Chetty. He executed a deed of declaration of trust dated 19.1.1898 for supply of flowers to the deities for the plaintiffs' temples and for...
L.K.S. Gold Palace and ors. Vs. L.K.S. Gold House P. Ltd.
Court: Chennai
Decided on: Mar-06-2004
Reported in: [2004]122CompCas896(Mad); [2005]57SCL362(Mad)
R. Balasubramanian, J.1. This is an application taken out by the defendants in the suit to reject the plaint. The suit is filed seeking an order of injunction restraining the defendants, etc., from infringing the copyright in the registered artistic work of the plaintiff's logo 'L.K.S.' by distributing, printing or causing to be printed, the impugned artistic logo of the defendants, namely, 'L.K.S./GP' and for other reliefs. The plaint proceeds on the basis that the copyright referred to above belongs to the plaintiff, which is a private limited company as on date ; prior to that, the predecessors in interest of the directors of the plaintiff-company started the business with the said copyright way back in the year 1925 ; it was last used by a partnership firm started by the managing director of the plaintiff-company in the name of 'L.K.S. Gold House' in the year 1987 at T. Nagar ; in the year 2001, the partnership firm was converted into a private limited company under the provisions ...
Branch Manager, Oriental Insurance Co. Ltd. Vs. S. Kadarshaw Rowther a ...
Court: Chennai
Decided on: Mar-06-2004
Reported in: 2005ACJ1642; (2004)2MLJ257
P. Sathasivam, J.1. Aggrieved by the order of Deputy Commissioner of Labour, Madurai dated 5.7.1996, made in W.C. No. 172 of 1993, Oriental Insurance Co. Ltd., Madurai, has filed the above appeal under Section 30 of the Workmen's Compensation Act.2. In respect of death of one Sikkandar on 18.11.1991, in the course of his employment, his parents and sister preferred the claim petition (W.C. No. 172 of 1993) before the Deputy Commissioner claiming Rs. 2,00,000. Before the said authority, two witnesses were examined as PW 1 and PW 2 and 14 documents marked as Exhs. P-1 to P-14. On the side of the owner of the vehicle, owner of the vehicle himself and his driver Kaliappan alias Thiagarajan were examined as RW 1 and RW 2 respectively, besides marking 3 documents as Exhs. R-1 to R-3. The insurance company has examined their Assistant Manager as their witness. The Deputy Commissioner, at the first instance, i.e., on 5.9.1994 passed an order directing the owner of the vehicle-employer to pay c...
Ramu Servai (Died), Vs. Mandhachi,
Court: Chennai
Decided on: Mar-05-2004
Reported in: AIR2004Mad388
M. Chockalingam, J.1. The unsuccessful plaintiff before the Courts below in a suit for permanent injunction is the first appellant herein. Since the first appellant died, his legal representatives were added as appellants 2 and 3.2. The plaintiff filed the suit, seeking permanent injunction to restrain the defendant from interfering with the plaintiff's peaceful possession and enjoyment of the plaint Schedule mentioned trees, situated on the northern ridge of Survey Nos.362/2, 362/12 and 362/3, alleging that the punja lands in Survey Nos.362/2 and 362/12 belonged to the plaintiff, while the lands in Survey No.362/11 belonged to his wife Meenal; that they have been in enjoyment of the property in the past for a long time; that on the four ridges of those lands, there are lot of trees; that they have been enjoying the same also; that on the northern ridge of Survey Nos.362/2, 362/11 and 362/12, the defendant has purchased the field in Survey No.362/13 and has been enjoying the same all a...
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