Chennai Court March 2004 Judgments
The Deputy General Manager, Bharat Overseas Bank Ltd. Vs. the Presidin ...
Court: Chennai
Decided on: Mar-26-2004
Reported in: 2004(2)CTC632; (2004)IIILLJ1058Mad; (2004)3MLJ303
ORDERP.D. Dinakaran, J.1. Aggrieved by the interim award dated 28.5.2001 of the first respondent/Tribunal made in I.D.Ho.74 of 2000, directing the petitioner/Management to let in evidence on the merits of the charges and to prove the charges with respect to the alleged misconduct of the second respondent/workman in a detailed enquiry, the petitioner/Management had preferred this writ petition for issue of a writ of Certiorari to call for the records of the first respondent/Tribunal in I.D.No. 74 of 2000 and to quash its award dated 28.5.2001.2. The Government, by their letter dated 19/20.9,2000, referred the following dispute for adjudication before the first respondent/Tribunal;'Whether the punishment of discharge imposed by Bharat Overseas Bank Ltd., Chennai on Shri N. Gopinathan is legal and justified If not, what relief is the workman entitled ?'3. According to the petitioner/management, an enquiry was conducted against the second respondent/workman with reference to the charges re...
Tag this Judgment!Principal Sessions Judge Vs. Marimuthu, Son of Balaswamy
Court: Chennai
Decided on: Mar-26-2004
Reported in: 2004(2)CTC608
ORDERP. Sathasivam, J.1. Marimuthu, Single accused in Sessions Case No. 227 of 2000 on the file of Principal Sessions Judge, Virudhunagar District at Srivilliputhur is the appellant before us. He was charged for murdering three people, and for attempting to murder three more people on 1.5.1999. He faced trial on the said charges and convicted and sentenced to death for offence under Sections 302, I.P.C. (3 counts); seven years R.I. for each count for offence under Section 307, I.P.C.(3 counts); and three years R.I. for offence under Section 449, I.P.C. on 6.2.2004 by the Principal Sessions Judge, Virudhunagar District at Srivilliputhur. On the reference made by the learned District Judge, both the Reference and Appeal were heard together.2. For convenience, the parties are referred herein as described in the trial Court. The case of the prosecution is briefly stated hereunder:(a) The accused is a native of Thiruvannamalai village, Srivilliputhur Taluk, Virudhuangar District. He was mar...
Tag this Judgment!Kaliammal @ Papathy and ors. Vs. T.G. Varadharajan and ors.
Court: Chennai
Decided on: Mar-26-2004
Reported in: 2004(3)CTC266
ORDERK. Gnanaprakasam, J.1. This Civil Revision Petition is directed against the order dated 22.12.2003 made in E.A.No. 330/03 in E.A.No. 154/2002 in E.P.No. 82/2001 in O.S.No. 473/1993 on the file of Sub Court, Karur. The Revision Petitioners are the defendants 2 to 4 in O.S.No. 473/93 on the file of Sub Court, Karur.2. The first respondent herein filed the suit for specific performance of the contract of sale pursuant to the agreement dated 11.12.1985 executed by the defendants 1 and 2 for themselves and on behalf of defendants 3 and 4. In the said suit, defendants 1 to 4 have not filed written statement, remained ex parte and defendants 5 and 6 have contested the suit and ultimately, the suit was decreed on 10.10.2000. Pursuant to the same, the plaintiff filed E.P.No. 82/2001 for execution of sale either by defendants or through Court and as the defendants have not come forward to execute the sale, the Court has executed the sale deed on 17.4.2003 and the plaintiff filed E.A.No. 154...
Tag this Judgment!N.V.V. Krishna Vs. Union of India (Uoi) and ors.
Court: Chennai
Decided on: Mar-26-2004
Reported in: AIR2004Mad324; (2004)3MLJ203
ORDERP.D. Dinakaran, J. 1. While the constitutional validity of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (for brevity 'the Act') is under challenge in W.P. No. 41887 of 2002, the proceedings initiated for acquisition of right of user in the land under the said Act are assailed in the other writ petitions, viz., W.P. Nos. 21449. 21450 of 2000, 583, 843 to 845, 1191, 3344, 1032, 1033, 958 and 959 of 2001.2.1 Challenge is made to the Act on the following grounds :(I) the provisions of the Act violate the second proviso to Article 31-A read with Article 300-A of the Constitution of India;(II) while the Act empowers the competent authority to acquire the right of user in the land, under which pipelines may be laid and issue a notification for such acquisition declaring the intention to acquire the right of user in the land by exercising the power conferred under Article 3(1) of the Act, there is no specific provision empowering the authorities to...
Tag this Judgment!The Lakshmi Vilas Bank, by Its Chairman and anr. Vs. S.G. Purushothama ...
Court: Chennai
Decided on: Mar-26-2004
Reported in: 2004(4)CTC301
ORDERM. Thanikachalam, J.1. The tenant bank aggrieved by the fixation of fair rent, fixing different amounts for different periods, by the Courts below, are the revision petitioners.2. The respondent herein is the landlord, for the building, which is in the occupation of the tenant bank. The contractual rate of rent per month, appears to be Rs. 10,000. The landlord considering the commercial utility of the building, its location, felt that the existing rent is too low, for the building, which is having all the advantage and in this view, he filed a petition, for fixation of fair rent, under Section 5 of the Pondichery Buildings (Lease and Rent Control) Act, hereinafter called 'the Act' at Rs. 19,400 up to 31.3.1996 and thereafter at Rs. 20,806 with effect from 1.4.1996.3. The petition for fixation of fair rent was opposed by the tenant bank.4. The Rent Controller, after considering the rival claims of the parties, as well as appreciating the materials placed before him, fixed the fair ...
Tag this Judgment!Abdul Raheem Vs. U.P.K. Mohammed Haneefa
Court: Chennai
Decided on: Mar-26-2004
Reported in: 2005(1)ALD(Cri)18; II(2005)BC324; 2004CriLJ2812
R. Banumathi, J. 1. This appeal arises out of order of acquittal in C.C. No. 610 of 1996 acquitting the Respondent/Accused under Section 138 Negotiable Instruments Act. By the Judgment dated 28-11-1997, learned Judicial Magistrate, Manapparai acquitted the accused for the offence under Section 138, Negotiable Instrument Act.2. Relevant facts necessitated for this appeal could briefly be stated thus :-- Case of Complainant is that the accused borrowed a hand loan of Rs. 60,000/- from the Complainant. In discharge of the said amount, on 28-2-1996, accused issued Ex.P.1 --Cheque bearing No. 690176 drawn on his account with City Union Bank at Manapparai. On 20-6-1996, the Complainant had presented the said cheque for collection through his Banker -- Indian Overseas Bank at Puthanatham and the same was returned (Ex. P. 2 -- Memo) with endorsement 'Fund Insufficient', On 3-7-1996, the Complainant issued Ex. P. 4 -- Notice to the accused calling upon him to pay the amount of Rs. 60,000/-. On ...
Tag this Judgment!North Coimbatore Food Corporation of India Workers Labour Contract Co- ...
Court: Chennai
Decided on: Mar-26-2004
Reported in: (2005)ILLJ178Mad
P.K. Misra, J.1. The present writ petition has been filed by North Coimbatore Food Corporation of India Workers Labour Contract Co-operative Society Ltd., and Kovai Mavatta Baram Thookkuvoor Pothu Thozhilalar Sangam.2. It is claimed in the writ petition that the workers represented through the present petitioners were employed through contractors under the second respondent. Subsequently, the workers formed a co-operative society and the work was being allotted to such co-operative society. In 1994, the contract was terminated and in 1995 tender was called for. At that stage, W.P. No. 5950 of 1995, was filed by the petitioners challenging the advertisement, dated May 14, 1995. Even though the writ petition was entertained, learned single Judge did not pass any interim order. The petitioners: filed W.A. No. 654 of 1995. The Division Bench passed an order of status quo on June 6, 1995 and by virtue of such order, the co-operative society was allowed to render the work and accordingly the...
Tag this Judgment!New India Assurance Company Ltd. Vs. Minor Krishnan Rep. by His Brothe ...
Court: Chennai
Decided on: Mar-25-2004
Reported in: 2005ACJ926; 2004(4)CTC290; (2004)3MLJ141
P. Sathasivam, J. 1. Aggrieved by the common award dated 27.04.2001 of the Motor Accident Claims Tribunal, Tirunelveli, New India Assurance Company Ltd., Theni has preferred the above appeals. Since all the appeals arise from a common award of the Tribunal, they are being disposed of by the following common judgment.2. The facts which are required for the disposal of the appeals are briefly stated hereunder:According to the claimants, on 21.02.1999, when the lorry bearing Registration No. TN 60 - 4705 belonging to one Dhanalakshmi and insured with New India Assurance Company Limited (appellant herein) driven by its driver by name Gunasekaran in a rash and negligent manner without observing the traffic rules and regulations in Sivakalai - Srivaikundam Road from East to West and going near the Betmanagaram - Srivaikundam Road, the lorry driver lost his control, due to which the lorry capsized into the paddy field on the South side of the said Road, as a result several persons who were tr...
Tag this Judgment!K.V. Singh, No.iC-27159 P, Rank-Colonel, Director Recruiting, HQ Recru ...
Court: Chennai
Decided on: Mar-25-2004
Reported in: (2004)3MLJ533
ORDER1. By proceedings dated 22.3.2001, the first respondent-Union of India rejected the statutory complaint made by the petitioner against his non-selection from the post of Colonel to Brigadier, of course, based on the entries in the Confidential Reports with regard to the service of the petitioner, during the period from 1st September 1994 to 31st August 1995 and again from 1st September 1995 to 31st August 1996, with reference to (i) comparative table of figurative assessment of personal qualities by the Initiating Officers; (ii) comparative table of figurative assessment of demonstrated performance and box grading by the Initiating Officers; and (iii) assessment by First Technical Officer.1.2. Aggrieved by the said proceedings of the first respondent dated 22.3.2001, the petitioner has preferred the above writ petition seeking a writ of Certiorarified Mandamus to call upon the respondents to produce the records, concerning the consideration of the petitioner for promotion to the r...
Tag this Judgment!Central Bank of India, Rep. by Its Branch Manager Vs. J. Maria Jesu Ke ...
Court: Chennai
Decided on: Mar-25-2004
Reported in: (2004)3MLJ49
ORDERT.V. Masilamani, J.1. The revision petition is filed challenging the fair and decretal orders passed by the Subordinate Judge, Virudhunagar in I.A.No.305 of 1997 in O.S.No.196 of 1996 dated 5.8.1997.2. The revision petitioner is the nationalised bank and as plaintiff, the bank filed the said suit on the file of the Subordinate Judge, Virudhunagar for recovery of the mortgage money due from the respondents/defendants on the basis of the registered mortgage deed executed by the defendants in favour of the plaintiff for a sum of Rs.7,50,600-85 with interest and costs. A preliminary decree was passed on 13.11.1996 wherein the Pleader's fees had been calculated as per Rule 3(2)(a) of the Legal Practitioners' Fees Rules, 1973 and a sum of Rs.10,056/- towards senior advocate's fees and Rs.3,352/- as Junior advocate's fees had been taxed as per the cost memo filed by the plaintiff, even though a sum of Rs.16,656/- and Rs.5,559/- had been claimed by the plaintiff towards the fees payable b...
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