Chennai Court June 2012 Judgments
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R.Sadayappan Vs. the Principal Commissioner
Court: Chennai
Decided on: Jun-18-2012
Prayer:This petition came to be numbered by transfer of O.A.No.29 of 2002 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Certiorari to quash the order passed by the first respondent in Rc.No.Ser.V(2)/6686/2001-B, dated 07/12/2001 and also for issuance of a writ in the nature of mandamus, to issue consequential directions to reinstate the petitioner in service with all consequential benefits.O R D E R1. The petitioner was appointed as Village Administrative Officer on 14.03.1984. He worked as Village Administative Officer at Pakkanadu Village, Sankari Taluk, Salem district from 27.11.1986 to 02.06.1988. There were complaints against the petitioner which resulted in Directorate of Vigilance and Anti Corruption department, to conduct investigation into the allegations. The matter was referred to Tribunal for disciplinary proceedings for holding departmental enquiry.2. The submission of the petitioner, is that he belongs to scheduled caste,...
V.Thirumavalavan. Vs. the Deputy Inspector General of Police.
Court: Chennai
Decided on: Jun-18-2012
Original Application filed u/s 19 of the Administrative Tribunal Act 1985, on the file of the Tamil Nadu Administrative Tribunal, Chennai Bench, to quash the impugned order of Compulsory Retirement from service passed by the second Respondent in his proceedings D.O.2074/2001, Rc.No.K1/PR.61/2001 dated 9.12.2001 and consequently direct the Respondent to reinstate the petitioner into service with all consequential monetary and service benefits, has been transferred to this Court on the abolition of Tribunal and renumbered as W.P.No.8329 of 2007.O R D E R1. The petitioner joined the Government service as Junior Assistant on 21.9.1987. It is the pleaded case of the petitioner that on 11.9.2000 the petitioner fell ill and went to the hospital for treatment. The petitioner applied for one week Medical Leave, but due to his continuing ill-health, he was not able to produce the Medical Certificate. The petitioner did not recover from the illness, therefore went to his native place for treatmen...
M.Athiyappan Vs. Deputy Registrar of Cooperative Societies and ors.
Court: Chennai
Decided on: Jun-18-2012
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records pertaining to the proceedings of the first respondent passed in Na.Ka.9480/2003 Sa.Pa. dated 16.05.2005 and quash the said proceedings dated 16.05.2005.O R D E R1. The petitioner has filed this Writ Petition challenging the order of the first respondent dated 16.05.2005.2. The petitioner was appointed as a night watch man in the second respondent bank on 01.01.1998 on daily wages. On 01.04.1999, he was put on consolidated pay. It is the undisputed position that the petitioner was not absorbed in service through the employment exchange. Under the proceedings under challenge, the first respondent has required the petitioner to show cause why his service should not be terminated since he did not possess requisite qualification viz., 8th standard pass, as on the date of his appointment.3. It is the contention of the petitioner that he indeed was so qualified. In ...
Badrilal Sharma Vs. State by the Intelligence Officer
Court: Chennai
Decided on: Jun-18-2012
Criminal Appeal Nos.814 of 2009 & 33 of 2010 filed under Section 374(2) of Cr.P.C., against the judgment of conviction and sentence, dated 18.12.2009, made in C.C.No.55 of 2005 on the file of the Additional Special Court under NDPS Act, Chennai.Criminal Appeal Nos.8 of 2010 & 40 of 2010 filed under Section 374(2) of Cr.P.C. r/w Section 36-B of NDPS Act, 1985, against the judgment of conviction and sentence, dated 18.12.2009, made in C.C.No.55 of 2005 on the file of the Additional Special Court under NDPS Act, Chennai.C O M M O N J U D G M E N T1. The appeals are arising out the judgment of conviction and sentence, dated 18.12.2009, made in C.C.No.55 of 2005, on the file of the Additional Special Court under N.D.P.S. Act, Chennai, whereby the accused 1 to 4 were convicted for the offences under Sections 8(c) r/w 21(c) and 29 of NDPS Act, 1985. Accused 1 to 4 were convicted for the offences under Section 8(c) r/w 21(c) of NDPS Act and sentenced them to undergo 10 years rigorous i...
P. Palraj Vs. State Rep. by
Court: Chennai
Decided on: Jun-15-2012
PRAYERCriminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, against the judgment passed in Spl.Case No.1/2004 by the learned Chief Judicial Magistrate, Thoothukudi dated 12.05.2008.JUDGMENT1. This appeal challenges the order of conviction convicting the accused under Section 7, 13(2) r/w 13(1)(d) of Prevention of Corruption Act 1988 and sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs.5,000/- in default to undergo R.I. for six months under Section 13(2) r/w 13(1)(d) of P.C. Act., in Special Case No.1/2004 on the file of the Assistant Sessions Judge-cum-Chief Judicial Magistrate, Thoothukudi, dated 12.05.2012. No separate sentence is imposed under Section 7 of P.C. Act, No separate sentence is imposed under Section 7 of P.C. Act.2. The following is the case of prosecution sans unnecessary particulars:2.(a) One Veeralakshmiammal is owner of Survey No.223/2 in Patta No.503 measuring 6.34 Acres situate in Aalampatti village, Inam Maniya...
K.Bala Vs. the State of Tamil Nadu,
Court: Chennai
Decided on: Jun-15-2012
Prayer Petition filed under Article 226 of the Constitution of India, praying to call for the entire records related to petitioner's husband's detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 16.02.2012 on the file of the Second Respondent herein made in proceeding No.13/BDFGISSV/2012, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband E.Kombaiah, S/o.Esakki Thevar before this Hon'ble High Court and set him at liberty from detention, who is now detaining at Central Prison, Palayamkottai.ORDER[Order of the Court was made by S.RAJESWARAN,J.]1. This Habeas Corpus petition has been filed by the wife of the detenu E.Kombaiah, challenging the order of detention dated 16.02.2012 passed by the second respondent under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Boot-leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates A...
Rajendra Raja Vs. State Rep. by Inspector of Police, and ors.
Court: Chennai
Decided on: Jun-15-2012
Prayer :-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., against the order passed by the learned Judicial Magistrate-I, Poonamallee in D.No.803 of 2010, dated 23.04.2010 and to set-aside the same.ORDER1. The history of the case are as follows:-The second respondent herein / defacto complainant, viz., Mr.S.R.Y.Ankineedu Prasad lodged a complaint against the revision petitioner herein viz., Rajendra Raja, S/o.Bakthavatchala Raja, before the Commissioner of Police, Chennai Suburban Police Station, St.Thomas Mount, Chennai-6, stating that he is the Chairman of Amaravathi Cranes and Structural Private Limited. The said company had purchased barren lands measuring about 167.41 acres vide patta No.9, comprised in Survey Nos.489 to 514 etc., in Morai Village, Ambattur Taluk, Tiruvallur District for individual purpose, in the year 1965. From the year 2001 onwards, the revision petitioner herein, viz., Rajendra Raja and ten others are claiming ownership of the lands creating for...
Salem Mavatta Nalivadaintha Vs. the Registrar, Co-operative Societies
Court: Chennai
Decided on: Jun-15-2012
Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to accept the loan amount of the members of the petitioners' association in single stroke with concessional interest and further direct the respondent to depute special officer to collect and settle the documents of the petitioner on the basis of the petitioner's representation dated 05.06.2012.ORDER1. The members of the petitioner association claimed that they have obtained loan from No.KK 128, Mettur Co-operative Society between the years 2000 and 2004 for construction of own houses. The loan amount varies in respect of each individual member. The present writ petition has been filed praying for a Writ of Mandamus directing the respondent to consider petitioner's representation dated 05.06.2012 and the nature of relief sought for in the petition filed by the petitioner is that the respondent should accept the outstanding loan amount as a single payment o...
S.Gandhimathinathan. Vs. S.Venkatachalam
Court: Chennai
Decided on: Jun-15-2012
Civil revision petition preferred against the order dated 7.6.2012 passed by the XIII Assistant Judge, City Civil Court, Chennai, in I.A.No.8065 of 2012.ORDER1. Animadverting upon the order dated 7.6.2012 passed by the XIII Assistant Judge, City Civil Court, Chennai, in I.A.No.8065 of 2012, this civil revision is filed.2. Heard both sides.3. A thumbnail sketch of the germane facts, absolutely necessary for the disposal of this civil revision petition would run thus:The respondent herein, as plaintiff, filed the suit O.S.No.3251 of 2012 seeking injunction. It appears, he also filed the I.A.No.8065 of 2012 and got an ex-parte injunction against the revision petitioner herein/defendant.4. The learned counsel for the revision petitioner/defendant would echo the cri de coeur of his client to the effect that despite caveat having been filed in this matter, without notice to the caveator, such ex-parte injunction was issued. As such, the learned counsel would submit that straight away, he app...
Mr.S.Shanmugam Vs. Mr.M.Subramanian
Court: Chennai
Decided on: Jun-15-2012
Prayer :-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., to set-aside the conviction and sentence in Crl.A.No.108 of 2008 on the file of Additional District Court cum Fast Track Court-I, Erode, order dated 04.09.2008 confirming the judgment made in C.C.No.150 of 2007 on the file of Judicial Magistrate-I, Erode, order dated 18.03.2008.ORDER1. The brief facts of the case are as follows:-The respondent herein / complainant had filed a case in C.C.No.150 of 2007, on the file of Judicial Magistrate-I, Erode, against the revision petitioner herein / accused, stating that the accused had borrowed a sum of Rs.2,70,000/- as a loan on 17.12.2006. In order to discharge the said loan, the accused had issued a cheque for the said amount. The same was presented for realization and it was returned unpaid, with an endorsement of "insufficient funds in the account of accused". Hence, the case was tried before the learned Judicial Magistrate.2. The complainant was examined as P.W.1 and ...
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