Chennai Court December 2012 Judgments

City Centre Point Rep by a Sriramulu Chief Executive and Others Vs. Ha ...

Court: Chennai

Reported in: 2013(1)MWN(Civil)30

1. This order shall dispose of A.Nos.3144 to 3149 of 2012 and A.No.4875 of 2011 filed under Order XIV Rule 10 of O.S.Rules r/w Section 47 of the Code of Civil Procedure, as common question of law and facts have been raised in all these applications. For the sake brevity, the facts are being taken from A.No.3144 of 2012. 2. The degree holder had entered into an agreement with the applicants / judgment debtors for sale of 72.28/50400 of undivided share of the land described in Schedule 'A' and 'B' to the agreement for sale for consideration of Rs.4,39,771/- (Rupees Four Lakhs Thirty Nine Thousand Seven Hundred and Seventy One only) and for construction and allotment of an office on the third floor of the proposed commercial complex measuring 502 sq.ft. 3. The judgment debtors were allotted three buildings inside their campus measuring 70.32 grounds, out of which, one building 'G' Block was constructed as early as 1980. The building was completed and occupied. With...

R. Sankarasubbu Vs. the Commissioner of Police Egmore Chennai and Othe ...

Court: Chennai

Reported in: 2013(1)CTC1; 2013(1)MLJ(Crl)1; 2013(1)LW(Cri)1

S. NAGAMUTHU, J. The petitioner - Mr.R.Sankarasubbu is a practising lawyer and a leading member of "The Madras High Court Advocates Association". His son Mr.S.Sathishkumar, aged 24 years, was also a practising lawyer in the Madras High Court. Mr.R.Sankarasubbu [hereinafter referred to as "the petitioner"] filed the present Habeas Corpus Petition on 10.06.2011, alleging that his son S.Sathishkumar, [hereinafter referred to as the deceased"], came to the High Court along with him on 07.06.2011 and then returned home. Around 9.00 pm. on 07.06.2011, according to the petitioner, the deceased left his house in Anna Nagar, Chennai, in his motor cycle bearing Registration No.TN-02-AQ-6869 along with his cell-phone [bearing No.98846 26124], informing the inmates that he was going out for dinner. Thereafter, he did not return. He further alleges that he went in search of the deceased, but, could not find him anywhere. Therefore, he claims that around 01.00 a.m. on 08.06.2011, he made an oral c...

R. Anand Babu and Others Vs. the Chairman Cum Managing Director Tamil ...

Court: Chennai

(W.P.No.28649 of 2012:Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to implement the prescribed ratio 1:1 scrupulously, defer internal selection and resort to direct recruitment only till equilibrium is achieved among the strength of Assistant Engineers/Electrical appointed under the two modes of recruitment viz., direct recruitment and internal selection. W.P.No.21209 of 2012:Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records of the third respondent pertaining to the impugned proceedings of the third respondent vide letter No.000729/2/G.55/G.551/2012-1 dated 27.1.2012 and quash the same and consequentially direct the second and third respondents to defer internal selection and resort to direct recruitment only till equilibrium is achieved among the strength of Assistant Engineers/Electrical appointed und...

Renisha E.K. and Another Vs. the Union of India, Represented by the Se ...

Court: Chennai

(R5 impleaded as per order of the Court dated 5.12.12 in M.P.Nos.2 and 2 /12 in W.P.Nos.27497 and 27498 of 2012) (Prayer: Writ Petition filed under Article 226 of the Constitution of India for the relief of issuance of writ of mandamus directing the respondents or their subordinates to grant admission to the petitioner to the M.Sc (Plant Science) course for the academic year 2012-13.) ORDER 1. The petitioners are the residents of Kerala State. They passed B.Sc., (Botany). The petitioner in W.P.No. 27497 of 2012 secured 71.10% of marks and the petitioner in W.P.No. 27498 of 2012 secured 58.59% of marks in the Degree Course. They applied for M.Sc., (Plant Science) in Mahatma Gandhi Government Arts College, Mahe, the fourth respondent herein. The said College was established by the Government of Union Territory of Pondicherry. The College is at the Mahe region of the Union Territory of Pondicherry. The Mahe region is in the midst of Kerala State. Because of its geographical position, the ...

Saradhambal and Others Vs. Ramakrishnan and Others

Court: Chennai

(Prayer: Petition is filed under Section 115 of the Code of Civil Procedure, against the fair and decretal Order dated 23.02.1994 and made in C.M.A.No.32 of 1989, on the file of the learned Subordinate Judge, Villupuram, reversing the Order and decretal Order dated 24.11.1987 and made in I.A.No.2126 of 1986 in O.S.No.782 of 1969, on the file of the learned District Munsif, Villupuram.) 1. The memorandum of civil revision is directed against the fair and decretal Order dated 23.02.1994 and made in C.M.A.No.32 of 1989, on the file of the learned Subordinate Judge, Villupuram, reversing the Order and decretal Order dated 24.11.1987 and made in I.A.No.2126 of 1986 in O.S.No.782 of 1969, on the file of the learned District Munsif, Villupuram. 2.The facts, which are very much essential for the disposal of this revision petition are as under: 2.1. The respondents 1 and 2 herein, when they were minor had instituted a suit in O.S.No.782 of 1969, on the file of the District Munsif Court, Villupu...

G. Krishnamurthy and Others Vs. Sarangapani and Others

Court: Chennai

(Prayer: Cross Appeal filed under Section 41 Rule CPC praying that this Court may be pleased to allow the cross appeal and decree the plaintiff suit for mesne profits and exemplary costs.) 1. This appeal arises out of the Judgement and Decree, passed by the First Appellate Court, in A.S.No.21/1998 dated 26.04.1999, in confirming the Judgement and Decree passed by the Trial Court, in O.S.No.340 of 1990, dated 17.09.1997. 2. For the better appreciation of this appeal, the brief averments in the plaint, as well as in the written statement are reproduced here under: 3. The brief averments in the plaint is as follows: The dry land described in 'A' schedule property originally belonged to one Kumarasamy Gounder, who purchased the same by notaire sale deed, dated 9.1.1961 ,from one Saminatha Gounder and after the death of the said Kumarsamy Gounder, his son Pushpanatha Gounder was in possession and enjoyment of the same. The first defendant got the lease initially from the Pushpanatha...

M. Ganesh Kumar and Another Vs. S.S.P. Thirukumaran

Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

(The Appellants as the complainants filed a complaint before the District Forum against the opposite party praying for a direction to the opposite party to pay Rs.19,550/- with 18% interest, to pay Rs.1,75,000/- towards damage to the building and repairing works and to Rs.5000/- for mental agony and to pay costs. The District Forum dismissed the complaint. Against the said order, this appeal is preferred by the complainants 2 and 3 praying to set aside the order of the District forum in CC.21/2007 dated 18.02.2010. This appeal coming before us for hearing finally on 28.11.2012. Upon hearing the arguments of the counsel for both sides, perusing the documents, lower court records, and the order passed by the District Forum, this commission made the following order.) A.K.ANNAMALAI, PRESIDING JUDICIAL MEMBER The unsuccessful complaints are the appellants. 2. The deceased complainant Marimuthu entered into oral agreement for the construction of house in which due to certain defects and inco...

S. Jayakumari and Others Vs. Madras Medical Mission, Hospital Research ...

Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

(The complainant filed a complaint before this Commission against the opposite party praying for a direction to the opposite party to pay Rs.3,00,000/- for the expenses incurred by them and to pay Rs.10,00,000/- towards mental agony and loss of consortium and to pay Rs.30,00,000/- towards loss of income and to pay Rs.25,000/- towards costs.) A.K. ANNAMALAI, PRESIDING JUDICIAL MEMBER Complaint filed under section 12 and 17 of the Consumer Protection Act 1986. 2. The complainant claiming directions for the payment of Rs.3,00,000/- towards the medical expenses and for Rs.10,00,000/- towards compensation for mental agony and loss of consortium and compensation of Rs.30,00,000/- with interest for deficiency of service and negligence in treating the first complainants husband by the opposite party in their hospital and Rs.25,000/- towards costs. 3. The first complainants husband and father of the 2nd and 3rd minor complainants Saravana Prabhu aged about 30 years was admitted in the opposite ...

D. Narayanan and Another Vs. the Commissioner, Cuddalore Municipality ...

Court: Chennai

Reported in: 2013(2)MLJ165

(PRAYER IN W.P.No.14452 OF 2012: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of certiorarified mandamus to call for the records and quash the proceedings of the first respondent in his Na.Ka.No.10937/2011/A2, dated 30.05.2012 as being arbitrary, ultra vires, without jurisdiction, malicious, null and void and consequently direct the first respondent to confirm the offer of Rs.43/- lakhs made by the petitioner in respect of the right to collect license fee for the public toilets and bathrooms in Cuddalore Bus Stand and pass such further orders. PRAYER IN W.P.No.14453 OF 2012: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of declaration declaring Claus 51 of the General Auction and Tender Notification published by Cuddalore Municipality (first respondent) for 2012-13 to 2014-15 as being arbitrary, illegal, irrational, ultra-vires, null and void and pass such further orders. PRAYER IN W.P.No.17466 OF 2012: Writ...

T. Logeswaran Vs. P. Ranganathan Reddiar and Others

Court: Chennai

VINOD K.SHARMA, J. 1.This application under Order XIV Rule 8 of Original Side Rules read with provisions of Civil Rules of Practice for withdrawal of Rs.1,11,78,863/- (Rupees one crore eleven lakhs seventy eight thousand eight hundred and sixty three only) lying in the credit of fixed deposit in Union Bank of India, Mylapore branch, Chennai. 2. The respondents are the absolute owners of the land measuring 1 acre and 70 cents (approximately 32 grounds) situated in Old S.Nos.19/2 to 19/8 corresponding to New S.No.44/2 in Alandur Village, Saidapet Taluk, Kancheepuram district. 3. The respondents offered to sell the suit property to the plaintiff and executed an agreement of sale, dated 17.8.1992. The price fixed for the land is Rs.80 lakhs. The applicant paid a sum of Rs.4,33,000/- (Rupees four lakhs thirty three thousand only) as advance and part performance of the contract of sale, possession of the property was handed over to the applicant along with original title deeds. 4. It is the ...