Chennai Court April 2008 Judgments

The Manager M/S. Oriental Insurance Co. Ltd., New Delhi Vs. Tmt. Sivak ...

Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

K.SAMPATH J. The 5th Opposite party in COP No.56/2001 on the file of the District Consumer Disputes Redressal Forum, Nagapattinam, is the appellant herein. The case of the complainant was as follows :- One Thangam, whose wife is the complainant, was a fisherman and a member of the Fishermens Co-operative Society, Kameswaram. The Society had taken a Personal Accident Policy for its members covering life risk, death occurred due to accident while fishing. Thangam along with two others went to sea on 24/1/1997 in a motorised catamaran when, according to the complainant, fell down and died. His body was brought to the shore, post-mortem was done on 30/1/1997 at Government Headquarters Hospital, Nagapattinam. The complainant submitted a claim for insurance amount in a sum of Rs.1,50,000/-. The 5th Opposite party repudiated the claim on the ground that the Group Accident Policy covered only death due to accident and in the instant case, in the post-mortem report it was stated that the death...

S. Janarthanam Vs. the Executive Engineer and Admn. Officer, Trichy an ...

Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

K.SAMPATH J.(open court) 1. The 2nd complainant in O.P.No.109/96 on the file of the District Consumer Disputes Redressal Forum, Tiruchirapalli, are the appellants herein. The original complaint was disposed on 26/03/97. It is more than 11 years since then. 2. The complaint itself was filed against the opposite parties for rectification of certain defects in the house of the 2nd complainant or to allot a 'B' type house to him and to pay him Rs.1,00,000/- as compensation. His case was that he was allotted premises in which he found dampness in walls, leaks and bathrooms in bad condition on account of which when he was away from the house, theft had taken place and in the process, he lost Rs.75,000/- that in spite of his representation for rectification of defects, the same was not done. In these circumstances, the complaint came to be filed. 3. The defence set up was that the defects pointed out were minor in nature and were immediately attended to and the theft alleged should have be...

The Senior Divisional Manager Life Insurance Corporation, Tirunelveli ...

Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

K.SAMPATH J. 1. The opposite parties in C.O.P.No.67/2004 on the file of the District Consumer Disputes Redressal Forum, Tirunelveli, are the appellants herein. The case of the complainant was as follows:- (a) Her husband one Poolidurai Pandian had taken a life insurance policy for Rs.1,00,000/- on 15/12/2000. Half-yearly premium payable was Rs.4,020/-. He had paid the premium due for the month of June 2001 on 03/07/2001. The premium due for December 2001 was paid by him on 26/12/2001, the next premium payable in June 2002 was paid by him on 16/10/2002 with late fee. He died on 20/10/2002. The complainant as nominee of her husband approached the opposite parties claiming the amount due under the policy. By letter dt.24/01/2004 the opposite party repudiated the liability on the ground that the policy was not in force on the date of death of the insured. The policy was in force at the time the insured died. The repudiation was improper. The complainant caused a lawyer notice to be sent o...

Selvaraj Vs. M/S. Kasi Group Housing Benefit Scheme

Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

K.SAMPATH J. (open court) 1. It is agreed between the parties that the opposite party shall pay to the complainant a sum of Rs.1,50,000/- in three equated monthly instalments. The first of the instalments is being paid today by means of a Demand Draft bearing No.379223 dt.03/04/2008 for a sum of Rs.50,000/-. The second instalment shall be paid on or before 08/05/2008 and the third and last instalment shall be paid on or before 08/06/2008. In case, payment is not made as undertaken by the opposite party, the complainant is at liberty to execute this order as a decree of court and the opposite party shall be liable to pay interest @ 12% p.a. from the date of such default till payment. 2. The Appeal is disposed of accordingly. No costs....

Kalyani Sharp India Ltd., Pune Vs. S. Radhakrishnan

Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

K. SAMPATH J.(open court) 1. It is agreed between the parties that the 3rd opposite party will return the T.V. which was taken possession of by them from the complainant, to opposite parties 1 and 2. Opposite parties 1 and 2 will replace the same with a new T.V. the current market price of which is not less than Rs.15,000/- within a period of four weeks from today. With regard to the compensation awarded by the District Forum, in view of the present settlement, instead of Rs.5,000/-, the opposite parties shall pay a sum of Rs.2,500/- to the complainant. 2. The Appeal is disposed of accordingly. No costs....

Gopaliappa Vs. Madanagiriappa,

Court: Chennai

Reported in: (2008)4MLJ781

V. Dhanapalan, J.1. The plaintiff in the suit is the appellant herein. Aggrieved by the judgment and decree dated 22.02.1996 passed in A.S. No. 17 of 1996 on the file of the Sub Court, Hosur in reversing the judgment and decree of the Court of the District Munsif, Hosur in O.S. No. 189 of 1983 dated 12.11.1992, the plaintiff has preferred this appeal.2. The case of the plaintiff, Gopaliappa, as put forth before the Trial Court is as follows:i. The plaintiff is in possession and enjoyment of the suit property by way of a registered Sale Deed dated 22.04.1968 executed by the first defendant. Prior to the purchase of the suit schedule property by the plaintiff, it was in the possession of the first defendant by way of an oral partition among the defendants in the year 1965; Till the execution of the Sale Deed in favour of the plaintiff, the first defendant was in possession of the suit schedule property. The second defendant is in possession of the remaining two acres of land in the same ...

R. Kannan Rep. by His Power Agent, K. Sivasubramanian Vs. Power Grid C ...

Court: Chennai

Reported in: (2008)4MLJ892

ORDERV. Dhanapalan, J.1. This Writ Petition has been filed, praying for issuance of a writ of certiorarified mandamus, to call for the records relating to Rc.30232/2007/M1, dated 11.10.2007, passed by the third respondent received by the petitioner on 19.10.2007, quash the same and consequently direct the third respondent to pass fresh order after considering the alternative alignment proposal submitted through the expert by the petitioner.2. According to the petitioner, the property situate at Ninnakarai Village, Kattangulathur, Kancheepuram District, comprised in Survey Nos. 362 and 363 measuring an extent of 13.67 acres belongs to him and his younger brother, by virtue of a registered will executed by their father. While so, the second respondent has attempted to interfere with the peaceful possession by putting up towers for the purpose of high tension overhead lines in the said property. The petitioner has filed written objection before the second respondent but without passing an...

Sahyadri Solvex Private Ltd. Rep. by Its Managing Director, G.C. Shiva ...

Court: Chennai

Reported in: [2008]143CompCas28(Mad); 2008(5)MhLj1462

ORDERS.J. Mukhopadhaya, J.1. These revisions petitions, under Article 227, have been preferred by M/s. Sahyadri Solvex Private Ltd., a company registered under the Companies Act, 1956, (hereinafter referred to as 'company') against common order dated 10th March, 2008, passed by the Debts Recovery Appellate Tribunal, Chennai (hereinafter referred to as 'DRAT') in Review Diary Nos.328-A and 328-B, whereby and whereunder the prayer of the petitioner-company to review its earlier order dated 21st March, 2007 passed in I.N. Nos.156 & 157/07 has been rejected. The main plea taken by the petitioner in these cases is that the original suit preferred by the State Bank of India (hereinafter referred to as the 'Bank') was not maintainable in view of Section 22 of the Sick Industrial Companies (Special Provisions) Act, (hereinafter referred to as 'SICA').2. The brief facts of the case is that the petitioner-company made reference Under Section 15(1) of SICA to the Board for Industrial and Financia...

T. Narayanan Vs. the District Executive Magistrate-cum-district Collec ...

Court: Chennai

Reported in: (2008)4MLJ1024

ORDERV. Dhanapalan, J.1. This Writ Petition has been filed, praying for issuance of a writ of certiorarified mandamus, to call for the records of the first respondent relating to his order in D.Dis. No. 15 of 2007 dated 23.05.2007, quash the same and consequently forbear the second respondent from erecting any pillar or post for the purpose of transmission of high tension power over the lands in S.Nos.58/1, 2 and 3, 60/2 to 6, 61/1 to 5, 63/2, 64 to 68, 69/1, 2 and 3 and 70/1 and 2, 77/1A, 78, 79, 80/1 and 2 and 155/1 and 2 of an extent of 22.04 acres and S.Nos.86, 97/1 and 2, 100, 101, 103 to 106, 107/1, 2 and 3, 108, 118/1, 2 and 3, 119, 120/1 and 4, 121/1, 124, 125/1 and 2, 126, 127, 128/2, 129, 130, 142/1 and 2, 144 Part, 146, 147/1 to 5, 148/1 to 4 of an extent of 23.88. 1/2 acres in 79, Gudalur Village within Maraimalai Nagar Town Panchayat, Chingleput Taluk, Kancheepuram District.2. According to the petitioner, he is a businessman engaged in developing layouts of house sites by ...

Shree Trading Corporation Represented by Mr. N.D. Mundra, Partner Vs. ...

Court: Chennai

Reported in: 2008(2)CTLJ298(Mad); (2008)4MLJ932

ORDERV. Dhanapalan, J.1. This Writ Petition has been filed, praying for issuance of a writ of certiorarified mandamus, to call for the records pertaining to the Tender Specification No. T-1458, dated 26.07.2007, published in The Economic Times, regarding the International Competitive Bidding issued by the second respondent, quash the same and consequently direct the second respondent to call for the tender afresh.2. According to the petitioner, it is an agent of various reputed manufacturers world wide in the field of Power Engineering/Mechanical Engineering sector in a variety of business activities and also acting as agents and representatives of various Public Sector Undertakings. It has offered the services of supply of electrical conductors, accessories, cable laying, erection of joints and termination and maintenance, supervision and commissioning works at Departmental Stores, individual sites etc. in electricity field for several years and gained its own reputation and backup am...