Chennai Court March 2012 Judgments
G.Sheik Mohaideen Vs. S.Deivendran
Court: Chennai
Decided on: Mar-30-2012
ORDER1. A private complaint preferred on the file of the learned Special Judge under TNPID Act, 1988, Madurai by the petitioner herein against the respondent herein for prosecuting and punishing the respondent Deivendran for an alleged offence under section 211 of IPC was taken on file by the said court as C.C.No.46/2010 and the learned special judge under the TNPID Act dismissed the said complaint under section 203 Cr.P.C. by an order dated 06.05.2011. Aggrieved by the said order, the complainant Sheik Mohaideen, has approached this court questioning the correctness and legality of the said order by filing the present criminal revision case.2. The criminal revision case came up for admission on 30.09.2011. This court entertained a doubt regarding the maintainability of the revision in the light of a provision found in section 11 of the TNPID Act, 1997 providing the remedy of appeal against any order passed by the said court. This court also entertained a doubt as to the maintainabilit...
Tag this Judgment!M.F.Thangaraja Vs. the Commissioner of Technical Education.
Court: Chennai
Decided on: Mar-30-2012
PrayerThis Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified mandamus calling for the records relating to the order No.19554/P-6/2010, dated 26.7.2010 on the file of the first respondent and quash the same and further direct the respondents 1 and 2 to promote the petitioner as Workshop Instructor in the Government Polytechnic College, Thoothukudi with effect from 1.12.2010.ORDER1. The prayer in the writ petition is to quash the order dated 26.7.2010 passed by the first respondent and direct the respondents 1 and 2 to promote the petitioner as Workshop Instructor in Government Polytechnic, Thoothukudi, with effect from 1.12.2010.2. The case of the petitioner is that he has passed SSLC and was appointed as Laboratory Assistant in Government Polytechnic, Thoothukudi on 18.6.1973. He was assigned duty in the Mechanical Department and the petitioner worked in the said department till July, 1975. He was then transferre...
Tag this Judgment!State Rep by Vs. K.Sivanesan
Court: Chennai
Decided on: Mar-30-2012
PrayerCriminal Revision case filed under Sections 397 r/w 401 of Cr.P.C. to call for the records pertaining to the order passed in Cr.M.P.No.1184 of 2011 in Spl.S.C.No.36 of 2011 on the file of the III Additional District and Sessions Court (PCR), Madurai dated 11.10.2011 and set aside the same.COMMON ORDER1. Both the revision cases have been filed against the order of the trial judge, namely the learned III Additional District and Sessions Judge (PCR), Madurai as Special Judge under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 dated 11.10.2011 made in Crl.M.P.No.1184/2011 in Spl.S.C.No.36/2011 on the file of the trial court. By the said order, the learned trial judge has discharged the accused No.2 in the said case, who figures as the sole respondent in Crl.R.C.(MD) No.6 of 2012 and first respondent in Crl.R.C.(MD) No.27 of 2012. The Investigating Officer, namely Assistant Commissioner of Police, Town (Law & Order) Range, Madurai City, after investi...
Tag this Judgment!N.Sakthivel Vs. State Rep. by the Deputy Superintendent of Polic
Court: Chennai
Decided on: Mar-30-2012
PRAYERCriminal Appeal filed under Section 374(2) Cr.P.C to set aside the conviction and sentence imposed on the appellant by the 1st Additional Sessions Judge (PCR), Thanjavur District in S.C.No.410 of 2008 by judgment dated 05.12.2008 and acquit the appellant.JUDGMENT1. The appellant herein, along with one Pakkiriammal, was prosecuted before the trial Judge, namely the I Additional Sessions Judge (Protection of Civil Right), Thanjavur in S.C.No.410/08 for alleged offences punishable under sections 498-A and 304-B and in the alternative for an offence under section 306 IPC. At the conclusion of trial, the learned trial judge found the said Pakkiriammal not guilty of any one of the charges and on the other hand, found the appellant herein, who figured as the first accused, guilty of the offences punishable under sections 498-A and 306 IPC. Based on the finding, the learned trial judge pronounced a judgment convicting the appellant for the above said offences and sentencing him to underg...
Tag this Judgment!C.Thangalakshmi Vs. the Secretary.
Court: Chennai
Decided on: Mar-30-2012
PrayerWrit petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the 3rd respondent herein made in Na.Ka.No.34260/W5/E1/2008 dated 11.07.2008 and quash the same and further direct the first respondent herein to select the petitioner to the post of P.G. Assistant (Tamil) in U.D.V.Higher Secondary School, Trichy -ORDER1. In this writ petition, the petitioner is challenging the order passed by the 3rd respondent dated 11.07.2008 consequently, seeking for a direction to the first respondent to select the petitioner to the post of P.G. Assistant (Tamil).2.The case of the petitioner is that she got a Bachelor Degree in Tamil from Bharadhidasan University and also B.Ed., Degree from Annamalai University. Thereafter, the petitioner got a Master Degree in Tamil from Bharadhidasan University. The petitioner was appointed as 'Tamil Pandit' at the first respondent's school on 24.08.1998. During the year 2005, the post...
Tag this Judgment!M.Pattammal Vs. the Inspector of Police.
Court: Chennai
Decided on: Mar-30-2012
PRAYERPetition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus to quash the sentence awardd in S.C.No.104 of 2003 dated 24/7/2003 on the file of the Additional District & Sessions Judge (Fast Track Court No.III), Madurai confirmed in Criminal Appeal No.576 of 2006 dated 21/8/2007 and set at liberty the petitioner's son Kali @ Mottai Kali @ Rishi Pandi detained in Central Prison, Madurai.ORDER[Order of the Court was made by P.DEVADASS,J]1. Pattamal, mother of the detenu Kali @ Mottai Kali @ Rishi Pandi, who is A.4 in S.C.No.104 of 2003 seeks benefit of the benevolent provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter, in short J.J Act) and seeks release of her son from jail.2. On 2/5/2002, at about 5.30 a.m., in a place in Madurai, one Pandi @ Apple Pandi was murdered. Detenu and four others were prosecuted in S.C.No.104 of 2003 before the First Additional Sessions Judge (FTC III), Madu...
Tag this Judgment!R.Raju Vs. B.Chithra
Court: Chennai
Decided on: Mar-30-2012
JUDGMENT1. This appeal is filed as against the order dated 25.11.2005 passed in G.W.O.P.No.3 of 2004 by the learned Principal District Judge, Virudhunagar District at Srivilliputhur, dismissing the petition filed by the appellant herein to hand over the custody of the minor child to him.2. It is the case of the appellant before the trial court that the marriage between him and the respondent took place on 07.12.2000. Immediately after the marriage, both of them were living along with the parents of the respondent and out of the wedlock, a female child was born on 26.11.2001 at Rajapalayam. During the stay at the respondent's house, the appellant was ill- treated by the respondent and her parents. Hence the appellant returned to his parents' house. The respondent did not join with the appellant and she stayed with her parents for a month. Thereafter, the appellant and the respondent lead their matrimonial life in the appellant's house. It is the allegation of the appellant that the resp...
Tag this Judgment!M.Jeyakumar Vs. the Authorised Officer.
Court: Chennai
Decided on: Mar-30-2012
ORDER(Order of the Court was made byCHITRA VENKATARAMAN, J.)1. The petitioner seeks a writ of certiorari to quash the sale notice dated 14.01.2011. The petitioner herein, who is a partner along with yet another person, availed of a loan facility from the respondent-bank for running a Computer Centre. The affidavit filed before this Court shows that originally the petitioner offered the property at Housing Board Colony, Navelpet, Trichy as security for the loan availed by him. Since there was no registered sale deed, the same was not accepted. Hence, he offered the property of the partner Damodaran, situated in Srirangam, as security. It is stated that the business was handed over by the petitioner to the said Damodaran and they shifted from Trichy to Chennai. However, in the meantime, the said Damodaran committed default.2. It is evident from the documents placed before this Court that at the time of allotment of the Housing Board property, a tripartite agreement was entered into betwe...
Tag this Judgment!Andisamy Vs. the State of Tamil Nadu.
Court: Chennai
Decided on: Mar-30-2012
PRAYERPetition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus to call for the entire records connected with the detention order of the Respondent No.2 in C.M.P.No.01/2012 dated 21.01.2012 and quash the same and direct the Respondents to produce the body and person of the petitioner's brother by name Selvam Son of Mayandi Thevar, aged about 59 years detained in Madurai Central Prison before this Hon'ble Court and set him at liberty forthwith.ORDER[Order of the Court was made by N.PAUL VASANTHAKUMAR, J]1. This Habeas Corpus Petition is filed by the father of the detenu, challenging the order of detention passed by the second respondent, by his proceedings in C.M.P.No.01/2012 dated 21.01.2012, detaining the detenu as a Drug Offender under the Tamil Nadu Act 14 of 1982. Now, he has been lodged at Central Prison, Madurai.2. Even though several grounds were raised in the Habeas Corpus Petition to quash the Detention Order, the learned...
Tag this Judgment!Vignesh Vs. the State of Tamil Nadu.
Court: Chennai
Decided on: Mar-30-2012
PrayerPetition filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in connection with Crime No.254 of 2011, on the file of the respondent Police.ORDER1. The petitioner herein is one of the accused in Crime No.254 of 2011, on the file of the Gangaikondam Police Station, and he was arrested and remanded to custody on 12.02.2012 for the offences under Sections 147, 341, 395 IPC and under Section 3 of TNPPDL Act. According to the prosecution case, on the date of occurrence, six persons waylaid the defacto complainant, who was going in motorcycle on the main road and he was assaulted and kicked and his motorcycle was pushed down and the box in the bike was broke open and a sum of Rs.32,000/- was taken away by the accused.2.When this matter came up for hearing, it came to the knowledge of this Court that the accused 1 & 2 by name Arockiam and Vijayapandi were granted bail by the learned Judicial Magistrate No.III, Tirunelveli, by invoking ...
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