Chennai Court April 2005 Judgments
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National Insurance Company Ltd., Rep. by Its Branch Manager Vs. Kalida ...
Court: Chennai
Decided on: Apr-18-2005
Reported in: IV(2005)ACC263; (2005)3MLJ19
P.D. Dinakaran, J.1. The appeal arises out of an order dated 23.03.2004 made in M.C.O.P. No. 146 of 2002, whereby the Motor Accidents Claims Tribunal (II Additional Sub Court), Gobichettipalayam, has allowed the claim petition and awarded a compensation of Rs. 3,22,400/- (Rupees Three Lakhs Twenty Two Thousand and four only) with interest at 9% p.a., for the injuries sustained by the first respondent/claimant, in a motor accident said to have taken place on 2.1.2002 at about 3.30 a.m., at Nanjai Puliampatti Main Road near Dasaprakash Garden at Nanjai Puliampatti Village in Gobichettipalayam Taluk.2. According to the first respondent/claimant, on 2.1.2002 at about 2.00 a.m., when he and his paid Servant Samraj were travelling along with the onion load in the Mini Auto bearing Registration No. TN-36-E-3170, belonging to the third respondent, which was insured with the appellant, due to the rash and negligent driving of the driver/second respondent, the auto was capsized on the left side ...
R. Priyadharshini Vs. Lic Housing Finance Ltd., Rep. by Deputy Manager ...
Court: Chennai
Decided on: Apr-16-2005
Reported in: III(2005)BC481; [2006]130CompCas441(Mad)
ORDERS.R. Singharavelu, J.1. This Criminal Original Petition is filed to quash the summon issued to the petitioner by the learned Judicial Magistrate No. V, Coimbatore in C.C. No. 836 of 2004. 2. The petitioner is accused No. 2 in the above C.C. No. 836 of 2004 on the file of Judicial Magistrate No. V, Coimbatore, which was filed by the respondent / complainant, namely, LIC Housing Finance Limited represented by the Deputy Manager, Coimbatore against this petitioner and her husband Mohamed Ansar, who figured as 1st accused. That case was initiated for an offence under section 138 of Negotiable Instruments Act. The drawer of the cheques was Mohamed Ansar, the husband of the petitioner. Those two cheques were dated 31.05.2004 each for a sum of Rs. one lakh. That was issued for the discharge of the loan raised by deceased Abdul Khader, the father of Mohamed Ansar (accused No. 1). Subsequent to the death of Abdul Khader, both these accused including this petitioner, undertook to discharge ...
M. Nagappan, Vs. Director of Education, Government of Pondicherry and ...
Court: Chennai
Decided on: Apr-16-2005
Reported in: (2005)3MLJ75
ORDERS.K. Krishnan, J.1. These Writ petitioners are agitating the order passed by the Tribunal in O.A.No.980 of 1998, dated 9.8.2000. They were arrayed as respondents 2 to 5 in the above said application. The petitioners are working as Language Teachers Grade II. They have been given promotion as Post Graduate Teacher (Tamil) on temporary and adhoc basis. The Director of Education, Pondicherry, issued a memorandum dated 12.10.1998 giving effect of promotion to the respondents. Presently, all the respondents are working as Post Graduate Teachers (Tamil) as per the joining instructions given by the department. 2. It is to be noted that the said promotion to these respondents were considered by the department after passing of amalgamation order dated 9.9.1997. 3. Aggrieved against the promotion of the petitioners, the respondents herein approached the Tribunal and filed O.A.No.980 of 1998. 4. Their contention before the Tribunal was that when two grades are being amalgamated those in the ...
P. John Samuel Vs. State of Tamil Nadu Rep. by Secretary to Government ...
Court: Chennai
Decided on: Apr-16-2005
Reported in: AIR2005Mad442; (2005)3MLJ250
Markandey Katju, C.J.1. This writ appeal has been filed against the impugned order dated 21-9-2004 passed by the learned single Judge, dismissing the writ petition filed by the appellant.2. We have heard the learned counsel for the appellant and carefully perused the records. 3. The appellant is a lawyer, practising in the courts at Saidapet. He was also a Notary, having been appointed by the respondent under the Notaries Act, 1956 and authorised to practise in the city of Madras. He was charged with the allegation that he violated the provisions of Rule 11(8) of the Notaries Rules, 1956 by leaving two blank Rs.20/- non-judicial stamp papers, bearing his signature and seal with the expression 'signed before me', with a document-writer, which were seized by the Vigilance Department. An enquiry was held into the matter and the appellant was found guilty. His notary certificate was cancelled and consequently, he was perpetually debarred from practising as Notary. He filed a writ petition,...
Palanivel Chettiar, Vs. Chetty Pillayar Koil Alias Varasithi Vinayagar ...
Court: Chennai
Decided on: Apr-16-2005
Reported in: 2005(3)CTC19
M. Thanikachalam, J.1. The unsuccessful defendants 3 to 5 & 7 are the appellants. 2. The first respondent herein as plaintiff has filed the suit for declaration, that the suit temple 'Chetty Pillayar Koil alias Varasithi Vinayagar Koil' belongs to Sozhia Chettiar Community people of Naduveerapattu Village, for permanent injunction against defendants 3 to 7, alternatively for possession from defendants 3 to 7 on the grounds, that the suit temple exclusively belongs to Sozhia Chettiar community people living in Naduveerapattu village alone, in which no other community people, including Sozhia Chettiar community people residing in other villages are entitled to claim any right over the temple, including the administration, that when the third defendant by name Palanivel Chettiar caused disturbance, one Dandapani Chettiar filed a suit on the file of the Subordinate Judge, Cuddalore in O.S. No. 178/73 for declaration, that Sozhia Chettiar Community people alone are entitled to claim right o...
M. Anbazhagan and ors. Vs. Mahboob Basha,
Court: Chennai
Decided on: Apr-16-2005
Reported in: (2005)2MLJ615
M. Thanikachalam, J.1. The defendants in O.S.No.331/90 on the file of the District Munsif, Chengalpattu, who were successful in resisting the suit filed by the plaintiffs therein, failed to sustain the same, when the Judgment was challenged before the first appellate Court in A.S.No.48/92 and the plaintiffs in O.S.No.31/85, who had succeeded in getting a decree as prayed for against the defendants therein, failed to sustain the same, when the same was challenged by the defendants before the first appellate Court in A.S.No.100/91, are the appellants in these two second appeals.2. In this Judgment, the parties are referred as per the ranking given in O.S.No.31/85 for convenience.3. In both the suits, the subject matter is one and the same. The properties involved in both the cases are in Survey Nos.263/1 - 93 cents, 263/2 - 40 cents, 263/3 - 13 cents, 263/6 - 51 cents, totaling 1.97 acres, situated at Keezhapakkam Village, Chengalpattu Taluk.4. The plaintiffs in O.S.No.31/85 have filed t...
V. Thiagarajan President, Hindu Baktha Jana Saba State Committee Vs. t ...
Court: Chennai
Decided on: Apr-16-2005
Reported in: (2005)2MLJ612
ORDERM. Karpagavinayagam, J.1. Claiming himself as one of the Hindu worshipers, Mr. V. Thiagarajan, President, Hindu Baktha Jana Saba State Committee, Madurai, has filed this Public Interest Litigation seeking for a Mandamus with a direction forbearing the Commissioner, HR & CE and the Executive Officer, Arulmighu Subramania Swami Thirukoil, Thiruparankundram from levying or collecting a sum of Rs. 37/- per worshipper for joining the religious ceremony for Sura Samhara Festival in the Arulmigh Subramania Swami Thirukoil, Thiruparankundram in the Kandha Sashti Function.2. According to the petitioner, the Sura Samhara Festival in Arulmigha Subramania Swami Thirukoil, Thiruparankundram is to commence on 25.10.2003 and the festival will conclude with Sura Samharam on the 7th day, i.e. on 31.10.2003. During these 7 days, the worshippers have to undergo rigorous penance to join the Lord's army to fight the evil, namely Sura Samharam. During that period, a ceremonial Holy Thread is tied aroun...
R. Ramachandra Raja Vs. M. Nanda Govind
Court: Chennai
Decided on: Apr-16-2005
Reported in: (2005)3MLJ132
ORDERT.V. Masilamani, J. 1. The revision petitioner as landlord has filed this revision challenging the legality of the order passed by the Rent Control Appellate Authority (VII Judge, Court of Small Causes), Chennai in R.C.A. No. 723 of 1994 dated 26.3.1999.2. The revision petitioner filed the petition in R.C.O.P.No. 2415 of 1989 before the Rent Controller (XVI Judge, Court of Small Causes), Chennai for eviction of the respondent herein/tenant under Section 10(2)(i) and 10(2)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as 'Tamil Nadu Act 18 of 1960') on the basis that the respondent committed wilful default in the payment of rent and also without the petitioner's knowledge and consent committed waste in the demised premises by removing old super-structure and putting up a new construction. The learned Rent Controller, having analysed the evidence both oral and documentary adduced on either side and upon hearing the counsel for both side...
Oriental Insurance Company Ltd. Vs. Santhi and ors.
Court: Chennai
Decided on: Apr-15-2005
Reported in: III(2005)ACC489; [2006(106)FLR982]
P.D. Dinakaran, J.1. This appeal is preferred against the order dated 23.11.2004 made in W.C. No. 112 of 2004 on the file of the Commissioner for Workmen's Compensation-II, Chennai-6 (before the Deputy Commissioner of Labour-II, Chennai-6).2. The respondents 1 to 4 filed W.C. No. 112 of 2004 on the file of the Commissioner for Workmen's Compensation-II, Chennai-6 (before the Deputy Commissioner of Labour-II, Chennai-6) claiming compensation for the death of one Soundararajan in an alleged accident which occurred on 5.10.2003 during the course of his employment under the fifth respondent herein.3. According to the respondents 1 to 4/claimants, the deceased, Soundarajan, was a lorry driver earning Rs. 5000/- per month and he was driving lorry bearing registration No. TN-05-C-9559. During the course of his employment when he was driving the lorry from Mangalore to Madras, via Udipi, near Penambur beach cross road, he parked the vehicle and when he was crossing the road to have his supper ...
The Managing Director, Tamilnadu State Transport Corporation Ltd. Vs. ...
Court: Chennai
Decided on: Apr-15-2005
Reported in: IV(2005)ACC260; 2006ACJ2507; (2005)3MLJ29
P.D. Dinakaran, J.1. The above appeal is directed against the judgment and decree dated 01.07.2003 made in M.C.O.P. No. 1052/1998 on the file of the Motor Accidents Claims Tribunal, First Additional District Judge, Salem, whereby the Tribunal has allowed the claim petition and awarded a sum of Rs. 5,02,000/- as compensation for the death of the deceased Ragunathan in a motor accident said to have taken place on 04.07.1998 at 6.30 p.m. 2. According to the respondents/claimants, who are wife, father and mother of the deceased on 04.07.1998 at 6.30 p.m., when the deceased was riding the motor cycle bearing Registration No.TN-27-J-9861 from Sankari to Salem, the bus bearing Registration No.TN-27-N-1041, belonging to the appellant transport corporation, came in a rash and negligent manner dashed against the motorcycle, as a result of which, the deceased died on the spot.3. A claim petition in M.C.O.P. No. 1052 of 1998 was filed by the respondents/claimants, claiming a compensation of Rs. 10...
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