Chennai Court February 2012 Judgments
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Abdul Kareem Vs. Rabiabee (Died)
Court: Chennai
Decided on: Feb-15-2012
Prayer: Civil Revision Petition filed against the fair and decreetal order dated 08.02.2002, made in R.C.A.No.152 of 1991, on the file of the VII Judge, Small Causes Court, Chennai, confirming the order made in W.P.No.278 of 1990, in RCOP.No.1572 of 1989, dated 04.02.1991, on the file of XII Judge, Small Causes Court, Madras.O R D E R1. This revision petition filed, under Article 227 of the Constitution of India, is directed against the fair and decreetal order, dated 08.02.2002, in R.C.A.No.152 of 1991, on the file of the VII Judge, Small Causes Court, Chennai, confirming the order in M.P.No.278 of 1990, in RCOP.No.1572 of 1989, dated 04.02.1991, on the file of XII Judge, Small Causes Court, Madras.2. The petitioner is the tenant and the respondents are the landlords. The landlord filed RCOP No.1572 of 1989, for eviction of the tenant from the petition premises on the ground of willful default in payment of rent.3. The case of the landlord is that the petition premises bearing door No...
Jeyaraj Vs. the State Represented by the Inspector of Police.
Court: Chennai
Decided on: Feb-15-2012
Appeal filed under Section 374 of Criminal Procedure Code to set aside the judgment of the learned Principal Sessions Judge, Srivilliputtur, Virudhunagar District in S.C.No.102 of 2009 by his judgment dated 30/9/2010 and acquit the appellant from the charges.JUDGMENT(Judgment of the Court was delivered by P.DEVADASS ,J)1. This is a most unfortunate case concerning two innocent children who have died under tragic circumstances.2. On account of their death, their father, Jayaraj, was convicted on 30.9.2010 under section 302 IPC (2 counts), in S.C.No.102 of 2009, by the learned Principal Sessions Judge, Virudhunagar Sessions Division at Srivilliputhur and awarded him double life sentences and fined him Rs.2,000/- and directed both the life sentences shall run concurrently.3. The lifer is challenging his said conviction and sentences.4. The prosecution case may briefly be recounted as under:- (1) Murugeshwari (P.W.2) married her uncle's son Jayaraj (accused). He is a palmarah climber. She ...
Ms.Kanakadhara Flat Promoters Vs. the Commissioner of Central Excise.
Court: Chennai
Decided on: Feb-15-2012
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari to call for the records of the respondent in his proceedings in impugned interim order No.19/2012 (MST), dated 24.1.2012 under Section 35F Central Excise Act in A.No.447 of 2011 (MST) and quash the same.ORDER1. This writ petition has been filed against the proceedings of the respondent, dated 24.1.2012, made under Section 35F of the Central Excise Act, 1944, directing the petitioner to make a pre-deposit of the entire service tax amounting to Rs.18,68,852/-, on or before 15.2.2012.2. It had been stated, in the impugned proceedings of the respondent, that the appeal filed by the petitioner would be rejected, without further notice, on the failure of the petitioner to comply with the said condition.3. The learned counsel appearing on behalf of the petitioner had submitted that the petitioner had raised the issue of financial hardship before the respondent. However, the respondent had n...
State of Tamil Nadu Vs. R.Somasundaram
Court: Chennai
Decided on: Feb-15-2012
Appeal filed under Section 100 of C.P.C. against the judgment and decree dated 05.09.2003 made in C.M.A.No.21 / 99 on the file of Sub-Court, Dharapuram modifying the award made in Award No.11/1998-99 dated 30.03.1999 passed by the Special Tahsildar (L.A.,) ADW, Kangeyam.J U D G M E N T1. This appeal is directed against the judgment and decree passed by the lower appellate court in CMA No.21 of 1999 dated 5.9.2003 in enhancing the compensation fixed by the Land Acquisition Officer in his award No.11 of 1998-99 dated 30.03.1999 fixing the market value of the acquired land at Rs.20,000/- per acre to Rs.2,40,000/- per acre.2. The case of the parties before the lower court would be that the land acquisition officer appointed under Tamil Nadu Adi-Dravida Welfare Scheme Land Acquisition Act 31 of 1978 had acquired lands in Lakuminaickenpatti village, Kangeyam Taluk located in S.No.245/B1 of an extent of 0.03.5 hectare and in S.No.255/2 of an extent of 1.41.5 hectare, total extent of 1.79.0 he...
S.Kutty Wife of John Peter Vs. the Asst. Director of Survey
Court: Chennai
Decided on: Feb-15-2012
PRAYER: This petition came to be numbered by transfer of O.A.No. 3677 of 2001 from the file of the Tamil Nadu Administrative Tribunal, to call for the records in pursuant to the impugned order passed by the 3rd respondent in Proc. Na.Ka.A2/14117/2000 dated 25.5.2001 quash the same and to direct the respondents to allow the application to continue in the post Senior Draughtsman with the scale of pay attached to the post of senior Draughtsman with all attendant benefits.O R D E R1. The petitioner prays for issuance of a writ in the nature of Certiorari, to quash the impugned order dated 25.05.2001 vide which the petitioner was reverted to the post of Land Surveyor in the pay scale of Rs.3200-85 4900 from the post of Senior Draughtsman.2 The admitted facts are, that the petitioner was appointed as Surveyor/Draughtsman on compassionate ground at a basic pay of Rs.610/-. The service of the petitioner was subsequently regularised on 17.04.1996 vide G.O.Ms.No.358 of the Revenue de...
Bindu Madhavan Vs. K.Umanath
Court: Chennai
Decided on: Feb-15-2012
Prayer in C.R.P.No.607 of 2011:Civil Revision Petition has been filed under Section 115 of Civil Procedure Code to set aside the fair and decreetal order dated 22.12.2010 made in E.P.No.5 of 2010 in O.S.No.735 of 2008 on the file of the Principal District Judge, Coimbatore.Prayer in C.R.P.No.608 of 2011:Civil Revision Petition has been filed under Section 115 of Civil Procedure Code to set aside the fair and decreetal order dated 22.12.2010 made in E.P.No.40 of 2010 in O.S.No.735 of 2008 on the file of the Principal District Judge, Coimbatore.O R D E R1. The defendant in O.S.No.735 of 2008 on the file of the Principal District Judge, Coimbatore is the revision petitioner in both the revisions.2. The respondents herein filed the suit for specific performance of agreement of sale for the purchase of the suit property for consideration as stated in the agreement and a compromise was entered into between the parties in the Mediation and the terms of compromise is as follows: 1. The plainti...
Nepc India Limited Vs. the Commissioner, Prohibition
Court: Chennai
Decided on: Feb-15-2012
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondent to consider and dispose of the petitioner's representation, dated 15.12.2011, on due opportunity to the petitioners as expeditiously as possible.ORDER1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.2. By consent of both the parties, the writ petition is taken up for final hearing and disposal.3. The learned counsel appearing on behalf the petitioner has submitted that it would suffice if the respondent is directed to dispose of the representation, dated 15.12.2011, on merits and in accordance with law, within a specified period.4. The learned Government Advocate appearing on behalf of the respondent, has no objection for such an order being passed by this Court.5. In view of the submissions made by the learned counsels appearing on either side, the respondent is directed to dispose of t...
P.Palanisamy Vs. State Rep. by Inspector of Police.
Court: Chennai
Decided on: Feb-15-2012
Prayer:Criminal Appeal No.330 of 2006 filed under Section 374(2) CrPC. and Criminal Appeal No.340 of 2006 filed under Section 374(2) Cr.P.C. r/w Section 27 of Prevention of Corruption Act, 1988, against the judgment of conviction and sentence, dated 29.03.2006 made in Spl. C.C.No.1 of 2002 on the file of the learned Special Judge-cum-Chief Judicial Magistrate, Namakkal.C O M M O N J U D G M E N T1. The Criminal Appeals arise out of the judgment of conviction and sentence, dated 29.03.2006, made in Spl. C.C.No.1 of 2002, on the file of the learned Special Judge-cum-Chief Judicial Magistrate, Namakkal, whereby the accused were convicted for the offences under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act and sentenced them to undergo each one year rigorous imprisonment and imposed a fine of Rs.1,500/- each in default in payment to undergo each four months rigorous imprisonment for the offence under Section 7 of P.C.Act and sentenced them to undergo each two years rigo...
Poovammal Vs. Tamil Nadu Civil Supplies
Court: Chennai
Decided on: Feb-15-2012
PRAYERWrit petition filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus calling for the records in connection with the impugned order vide Ref.MT9/40065/2011 dated 28.11.2011 passed by the first respondent, to quash the same and to consequently direct the first respondent to appoint the petitioner as Transport Contractor for FCI movements for the year 2011-2012 in Tirunelveli Region for the same rates mentioned in the impugned order.ORDER(Order of the Court was made by CHITRA VENKATARAMAN,J.)1. This is the second round of litigation taken by the writ petitioner before this Court.2. On an earlier occasion, when the writ petitioner approached this Court by way of W.P.(MD) No.6279 of 2011, by order dated 4.11.2011, this Court considered the scope of tender condition, particularly, Clause III of Part I, under Para 02 as well as Clause 8(d) of the terms and conditions and ultimately allowed the writ petition, directing the respondents to r...
The United India Insurance Vs. B.Sivasamy (Deceased)
Court: Chennai
Decided on: Feb-15-2012
Prayer: This Civil Miscellaneous Appeal is filed against the order dated 8.11.2005 made in WC.No.424/2004 by the Deputy Commissioner for Labour II for Workmen's Compensation, Chennai.JUDGEMENT1. This Civil Miscellaneous Appeal is filed by the United India Insurance Company Limited, Chennai against the order dated 8.11.2005 made in WC.No.424/2004 by the Deputy Commissioner for Labour II for Workmen's Compensation, Chennai.2. The 1st Respondent/claimant B.Sivasamy (since deceased) was proceeding from Guduvanchery to Chennai on 27.12.2003 driving a Maruti Van and when he reached near Ranganayaki Tea Stall, Kilambakkam, the lorry, which was parked on the right side, was not noticed by him. On seeing the lorry, the driver applied sudden brake and in the said course, he lost his control and hit against the rear side of the lorry. In the said accident, the claimant sustained serious injuries. A report of the accident was lodged at the Police Station, Guduvanchery and the Police registered a c...