Chennai Court April 2012 Judgments
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Roopa Vs. A.Shanmugam at Suresh
Court: Chennai
Decided on: Apr-02-2012
Revision Petition filed under Article 227 of Constitution of India against the judgment and decree passed in O.P.No.47 of 2008 dated 12.02.2008 on the file of Principal Sub-Judge at Chengalpattu by granting the divorce on the ground of mutual consent is being challenged by the petitioner.O R D E R1. This revision is directed against the fair and executable order passed in O.P.No.47 of 2008 in granting a decree of divorce on mutual consent.2. The revision petitioner herein was the 2nd petitioner and the respondent herein was the 1st petitioner in O.P.No.47 of 2008, a petition filed by both parties for divorce on mutual consent.3. The averment made in the petition filed by both the parties before the lower Court would be as follows:-The marriage between the petitioners was solemnised on 22.01.2007 at Krishna Mahal Kalyana Mandapam at Chengalpattu, as per Hindu rites and customs and the presence of kith and kin from both sides. Soon after the marriage, after a brief stay at Chengalpattu, ...
E.Jayakumar Vs. Sampoornam
Court: Chennai
Decided on: Apr-02-2012
Civil revision petition preferred against the fair and final order dated 20.07.2011 in O.S.No.194 of 2009 on the file of the Court of the District Munsif, Palladam.ORDER1. Animadverting upon the order dated 20.07.2011 passed by the learned District Munsif, Palladam in O.S.No.194 of 2009, this civil revision petition is focussed.2. Synoptically and succinctly, the germane facts absolutely necessary for the disposal of this revision would run thus:The revision petitioner as plaintiff filed the suit seeking the following reliefs:"(a) To grant permanent injunction restraining the defendants their men, agents and servants from causing any manner interfering and disturbance to the plaintiff peaceful possession and enjoyment of the suit property and not to restrain the plaintiff taking water by the plaintiff from the common borewell; and(b) for costs."3. Indubitably and indisputably, the fact remains that the written statement was filed. The issues were framed including the one relating to in...
Varanavasi Gounder Vs. the Collector
Court: Chennai
Decided on: Apr-02-2012
Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ in the nature of Certiorari, to quash the order passed by the first respondent in Ref.No.1362/2011/ A1, dated 29.09.2011.O R D E R1. The petitioners have approached this Court with the prayer for issuance of a writ in the nature of Certiorari, to quash the order passed vide Ref.No.1362/2011/A1 dated 29.09.2011 by the Collector under Sec.3 of the Tamil Nadu Irrigation Works (Construction of Field Bothies) Act, 1959 (hereinafter called as 'Act').2. The case of the petitioner is that the petitioners own agricultural land falling in Survey No.157/1 and 157/2 at Alankattu Valasu, Muthampalayam Village, Erode Taluk, which is Ayacut land irrigated under the lower Bhavani Project, through a branch channel 2/2/70 at Alankattu Valasu.3. The channel runs through Survey No.155/4, running south to north adjacent to the land of the petitioners in Survey No.157/1 and 2, thereafter, there are two bra...
Ayyasamy Vs. Sivasamy
Court: Chennai
Decided on: Apr-02-2012
Civil revision petition preferred against the judgment and decree dated 18.08.2011 made in RCA No.12 of 2010 on the file of the II Additional Subordinate Judge (Rent Control Appellate Authority) Coimbatore confirming the judgement and decree dated 01.02.2010 made in RCOP No.233 of 2005 on the file of the learned Rent Controller/Principal District Munsif, Coimbatore.ORDER1. Animadverting upon the order dated 18.08.2011 passed in RCA No.12 of 2010 by the learned II Additional Subordinate Judge (Rent Control Appellate Authority) Coimbatore confirming the judgement and decree dated 01.02.2010 passed in RCOP No.233 of 2005 by the learned Rent Controller/Principal District Munsif, Coimbatore, this civil revision petition is focussed.2. Heard both sides.3. Synoptically and succinctly, the germane facts absolutely necessary for the disposal of this revision would run thus:The landlord/respondent herein filed RCOP No.233 of 2005 under Sections 10(2)(i) and 10(3)(a)(i) of the Tamil Nadu Building...
V.Kannappalli Vs. Block Development Officer
Court: Chennai
Decided on: Apr-02-2012
Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ of Certiorari, to call for the records on the file of the respondent pertaining to the order Na.Ka.No.5528/2001/Aa.4 dated 29.11.2001 and quash the same and consequently, direct the respondent to reinstate the petitioner into service with all back wages and consequential benefits.ORDER:1. With regard to the discrepancies found in the centre, during the inspection conducted by the Hon'ble Minister for Education, Tamil Nadu, on 26.11.2001, at Nutritious Meal Center, Panchayat Union Elementary School, Madanakuppam, belonged to Panchayat Union, Burgur, Mr.V.Kanapalli, nutritious meal Organizer, Panchayat Union Elementary School, Madanakuppam, has been dismissed from service with effect from 30.11.2001.1. He is a unclassified Miscellaneous Government Servant2. Tamil Nadu Civil Rules, 1955 (Disciplinary and Appeal) will not be applicable to him.Mrs.R.Padma, Nutritious meal Organizer, Panchaya...
United India Insurance Co. Ltd Vs. M.Venkatappan.
Court: Chennai
Decided on: Apr-02-2012
JUDGMENT1. (Judgment of the Court is made by R.BANUMATHI,J) Being aggrieved by the award of compensation of Rs.7,85,480/- for the death of the deceased Prema, 4th Respondent - United India Insurance Company, insurer of the van bearing registration No.TN-27 Y 2813 has preferred this appeal.2. Brief facts are that on 29.6.1991 - 7.00 A.M., deceased Prema and others were travelling in the van bearing registration No. TN-27 Y 2813 and the deceased Prema was seated in the last seat on the right side. When the van was proceeding in Sivagiri-Tenkasi main road, the tractor bearing registration No.1855 and trailer bearing registration No.1856 [owned by the deceased Subbiah Mudaliar (1st Respondent in the Claim Petition)] and insured with the 5th Respondent-United India Insurance Company, Tenkasi driven in a rash and negligent manner came in the opposite direction and hit against the van. Due to the accident, deceased Prema sustained fracture injuries in the frontal bone and right shoulder and f...
Ms. Capricorn Food Products India Limited Vs. the Assistant Commission ...
Court: Chennai
Decided on: Apr-02-2012
Tax Case Appeals against the orders of the Income Tax Appellate Tribunal, Chennai D Bench, dated 20th January 2011 in I.T.A.Nos. 687/Mds/2010 and 891 /Mds/2010.JUDGMENT(Judgment of the Court was made by CHITRA VENKATARAMAN,J)1. Tax Case (Appeals) are at the instance of the assessee against the order of the Tribunal by raising following questions of law:-"(1)Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal is right in law in remitting the issue of claim of deduction under Section 10B to the file of the Assessing Officer in view of its specific and clear finding that all details have been furnished to the Assessing Officer who was also given an opportunity in regard thereto in the course of appellate proceedings before the Commissioner of Income Tax (Appeals)? "2. The two appeals relate to assessment years 2006-07 and 2007-08. The appellant is a company registered under the provisions of the Indian Companies Act engaged in the manufacture of foo...
P.Murugesan Vs. K.Balasubramanian
Court: Chennai
Decided on: Apr-02-2012
Civil Revision petition preferred against the order passed in I.A.No.570 of 2011 in O.S.No.112 of 2010 on the file of the 1st Additional Subordinate Judge of Erode dated 02.11.2011.ORDER1. Animadverting upon the order dated 02.11.2011 passed by the learned 1st Additional Subordinate Judge of Erode in I.A.No.570 of 2011 in O.S.No.112 of 2010, this civil revision petition is focussed.2. Heard both sides.3. Synoptically and succinctly, the germane facts absolutely necessary for the disposal of this revision would run thus:The respondent/plaintiff filed the suit for recovery of a sum of Rs.3,25,000/- based on the cheque issued by the defendant in favour of the plaintiff. After entering appearance the defendant did not file the written statement. The lower Court on 27.07.2010 passed the ex parte decree, as against which application in I.A.No.202 of 2011 was filed under Section 5 of the Limitation Act to get the delay condoned in filing the application under Order 9 Rule 13 of CPC to get the...
S. Shanmugasundaram Vs. the Principal Conservator of Forests
Court: Chennai
Decided on: Apr-02-2012
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the orders of the 3rd respondent dated 18.8.2007 in Se. Mu.Na.Ka.No.7700/06.S and the consequential order of the 2nd respondent dated 31.1.2008 in Se.Mu.A.No.12604/2007, P.3 and the consequential order of the first respondent dated 7.11.2008 in Se.Mu.A.No.AA.2/33260/08, and quash the same and consequently direct the respondents to forthwith include the name of the petitioner in the current panel fit for promotion to the post of Forester.ORDER1. This writ petition is filed to issue a Writ of Certiorarified Mandamus calling for the records relating to the orders of the 3rd respondent dated 18.8.2007 in Se. Mu.Na.Ka.No.7700/06.S and the consequential order of the 2nd respondent dated 31.1.2008 in Se.Mu.A.No.12604/2007, P.3 and the consequential order of the first respondent dated 7.11.2008 in Se.Mu.A.No.AA.2/33260/08, and quash the same and consequen...
Chitra Vs. the Managing Director
Court: Chennai
Decided on: Apr-02-2012
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing the respondents to execute the sale deed in favour of the petitioner in respect of the property situate at B 516, EWS Quarters, Phase I, Ambattur, Madras.O R D E R1. The petitioner has approached this Court with a prayer for issuance of writ in the nature of mandamus directing the respondents to execute the sale deed in favour of the petitioner in respect of the property situate at B 516, EWS Quarters, Phase I, Ambattur, Madras.2. In support of the writ petition, it has been pleaded as under:1. I am the wife of Mohanarangan. He had been allotted plot No. B 516, EWS Quarters, Phase I, Ambattur. The allotment made in his favour in the year 1994. After paying considerable amount he was found missing from 7.7.2001. Hectic search was made for securing him and it is of no use. Complaints were made to the Police and they have also filed a final report saying tha...