Chennai Court June 2012 Judgments
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N.Rathanshi N.Patel Vs. the Superintending Engineer, and ors.
Court: Chennai
Decided on: Jun-15-2012
Writ Petition No.15213 of 2012 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the letter issued by the second respondent and made in K.No.A.E.E./R.K.Nagar/Ko.Saw Mill/A.N./2012, dated 11.06.2012, and quash the same and consequently issue appropriate directions forbearing the respondents, their men, subordinates or anybody acting through them from in any manner interfering with the running of the business by the petitioner in a lawful manner or in any manner disconnecting the power supply bearing S.C.No.172-001113, at 115, Sakthi Nagar, Pooluvapatti Post, P.N. Road, Tirupur pending consideration of the application submitted by the petitioner seeking for licence under the provisions of Tamil Nadu Regulation of Wood Based Industries Rules, 2010 by the competent authorities.COMMON ORDER1. Writ Petition No.15213 of 2012 is filed under praying to issue a Writ of Certiorarified Mandamus, calling f...
R.Nagaraj Vs. N.Sakthivel
Court: Chennai
Decided on: Jun-15-2012
Prayer :-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., to call for the records by order dated 30.11.2005 made in C.A.No.332 of 2004 on the file of the Additional District and Sessions Judge cum Fast Track Court-II, Coimbatore as confirmed the order dated 29.06.2004 made in C.C.No.472 of 2001 on the file of the Judicial Magistrate-III, Coimbatore and set aside the same.ORDER1. The brief facts of the case are as follows:-The respondent herein / complainant had filed a case in C.C.No.472 of 2001, on the file of Judicial Magistrate-III, Coimbatore against the revision petitioner herein / accused for the offence under Section 138 of Negotiable Instruments Act, stating that the accused had issued two cheques, each for a sum of Rs.50,000/-. When the complainant presented the same for collection, they were returned unpaid due to insufficient funds. Hence, the case has been filed and the same was proved against the accused after trial. The learned Magistrate has held that the...
The New India Assurance Co. Ltd. Vs. V.Mohanraj
Court: Chennai
Decided on: Jun-15-2012
Appeal filed under Section 173 of the Motor Vehicles Act 1988 against the Judgment and Decree dated 01st day of June 2006, made in M.C.O.P.No.511 of 2005 on the file of the Motor Accidents Claims Tribunal (3rd Additional Sub Court) at Coimbatore.JUDGMENT1. The appellant/ Insurance Company disputes its liability under the award since the driver of the insured bus is not liable for the accident.2. The learned counsel for the appellant would contend that the averments in the petition and the evidence would show that at the time of accident, the rider of the bike drove it in a rash and negligent manner and dashed on the rear side of the bus and caused the accident. He has also contributed to the accident. Thus 50% of the blame should be put on him. Accordingly, the compensation amount is required to be reduced.3. On the other hand, the learned counsel for the 1st respondent would submit that the evidence positive on record would clearly show that the bus driver alone was at fault.4. On 06....
Mr.Syed Ahamed Vs. Sabiya Natchial
Court: Chennai
Decided on: Jun-15-2012
First Appeal filed under Section 96 of C.P.C. against the Judgment and decree, dated 28.09.2007, in O.S.No.32 of 2006, on the file of the Additional District Court, Puducherry, Karaikal.JUDGMENT1. The suit is filed for a suit for partition of share in the suit property in favour of the plaintiff. The defendants are the appellants herein. The present appeal is filed against the judgment and decree passed by the learned Additional District Judge, Puducherry, wherein the learned Judge has directed the defendants to divide the suit property into four equal shares and allot one such share to the plaintiff.2. Following are contents contained in the plaint:The plaintiff is the legally wedded wife of the 1st defendant as per Islamic rites and terms. The marriage contract between the plaintiff and the 1st defendant was entered into between them on 18.1.2001 under a registered "Kalyana Kaditham" before the Assistant Regional Kajiar Haji S.M.Basheer Maricar of Karaikal. The 1st defendant gifted 1...
The National Insurance Co. Ltd. Vs. Rajamanickam
Court: Chennai
Decided on: Jun-15-2012
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 as against the award and decree dated 26.8.2003 made in MCOP.No.1838 of 2001 on the file of Motor Accidents Claims Tribunal (Addl. District Court, Fast Track Court No.2), Salem.J U D G M E N T1. The appellant/2nd respondent-Insurance Company has filed this civil miscellaneous appeal praying for reduction of compensation as against the award dated 26.8.2003 made in MCOP.No.1838 of 2001 on the file of Motor Accidents Claims Tribunal (Addl. District Court, Fast Track Court No.2), Salem.2. The 1st respondent/claimant has filed claim petition before the Tribunal for compensation of Rs.2 lakhs for the injuries sustained by him in motor accident. It is the contention of the 1st respondent/claimant that on 16.8.2001 at about 6.50 pm, the claimant was travelling in his TVS 50 bearing Regn.No.TN 27 3420 in Yercaud-Salem Road and when he was nearing Central Prison Jailor's Quarters, a Car bearing Regn.No...
Thilagavathi Vs. Vellivel
Court: Chennai
Decided on: Jun-15-2012
Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the fair and decretal order dated 02.01.2008 made in M.C.O.P.No.93 of 2007 on the file of the Motor Accidents Claims Tribunal Cum (Additional District Judge, Fast Track Court No.II), Cuddalore.JUDGMENT1. The claimant in a fatal accident case, aggrieved with the exoneration of the Insurance Company as well as the quantum of compensation amount, directed this appeal.2. Admittedly, on 24.04.2006, the father of the appellant died in a road accident, in which the vehicle of the first respondent, insured with the second respondent has been involved. Admittedly, at the time of accident, the first respondent's driver had driven the Tata Lorry. The deceased died at the age of 68. The Tribunal took Rs.80/- per day as wage, deducted 1/3rd from it and calculated the compensation at Rs.96,000/- and added Rs.10,000/- towards loss of love and affection and Rs.7,000/- towards cremation expenses. Thus, the total ...
Kandasamy Chettiar. Vs. V.Subramaniam
Court: Chennai
Decided on: Jun-15-2012
Civil Revision Petition filed under Section 115 of CPC against the judgment and decree passed by the Sub Court Udumalpet made in E.P.No.271 of 2005 in O.S.No.413 of 1999 dated 04.01.2008.ORDER1. Animadverting upon the order dated 04.01.2008 passed by the learned Subordinate Judge, Udumalpet in E.P.No.271 of 2005 in O.S.No.413 of 1999, this civil revision petition is focussed.2. Heard both.3. A thumb-nail sketch of the germane facts would run thus: The Executing Court passed the impugned order to the effect that the judgment debtor shall pay a sum of Rs.4,500/- per month in the E.P. for sale. Being aggrieved by and dissatisfied with the said order, the decree holder filed the CRP during the year 2008 and it is still pending.4. When this Court raised the query as to how the Executing Court could pass such an order in an E.P. for sale, the learned counsel for the judgment debtor would point out that he has to get instructions as to whether by this time the decree debt was discharged....
Capt. A.B.Solanki Vs. the Vice Chancellor
Court: Chennai
Decided on: Jun-15-2012
This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the Respondents to consider the Petitioner for the post of Professor (Nautical Science) with all consequential benefits.O R D E R1. At this stage of the hearing of the writ petition, the learned counsel appearing for the respondent University had placed a communication from the Registrar of the respondent University, dated 15.6.2012. The said communication reads as follows:"Sub: Selection of Faculty consisting of Professors, Associate Professors, Assistant Professors etc. wherein Mr.Solanki of MMD, Chennai has applied.With reference to the above it is informed that as per Agenda No.EC.12-03 the Executive Council in its meeting on 21.5.2012 has decided as follows:"After a detailed discussion, the members felt that the said recruitment process of faculty may not be proceeded further, especially in view of deviations from the RR/ Ordinance in the advertisemen...
The New India Assurance Co. Ltd. Vs. S.Govindaraj
Court: Chennai
Decided on: Jun-15-2012
PRAYER: Appeal against the judgment and decree dated 02.03.2007 made in MCOP No.24 of 2004 on the file of the Motor Accidents Claims Tribunal (Subordinate Court), Thiruvallur.J U D G M E N T1. The appellant, New India Assurance Co. Ltd., disputing its liability to pay the award amount directed this appeal.2. On 05.12.2003, at about 7 p.m., on the Tiruttani Tirupathi Road, near Dharanivaragapuram Village, the first respondent came driven his bicycle along the road. At that time, the motorcycle belonging to the second respondent, insured with the appellant came driven in a rash and negligent manner hit on the Cyclist. In this accident, the first respondent sustained multiple grievous injuries. He sustained fracture in his left knee and also further injuries on various parts of his body. Immediately, he was taken to the Government General Hospital, Chennai. He was hospitalised for three days (see Ex.P2-discharge summary). Since he is a workman in S.L.V. Spinning Mills, Nagari, in Chittoor...
The Divisional Manager Vs. R.Dhanabalan, and ors.
Court: Chennai
Decided on: Jun-15-2012
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 as against the award and decree, dated 14.6.2004, made in MACTOP.No.687 of 1998 on the file of Motor Accidents Claims Tribunal (Sub-Court), Tirupattur.J U D G M E N T1. The appellant/2nd respondent has filed this civil miscellaneous appeal questioning the quantum of award and decree dated 14.6.2004 made in MACTOP.No.687 of 1998 on the file of Motor Accidents Claims Tribunal (Sub-Court), Tirupattur.2. The respondents 1 and 2/petitioners have filed the claim petition for compensation of Rs.4,00,000/- for the death of one Ramakrishnan. The case of the claimants is that on 18.11.1996 at about 11.30 am, when the deceased Ramakrishnan was sitting on the right side of the driver in Tractor bearing Regn.No.23/Y/4208 after working as coolie for loading and unloading sand, brick, stone and other materials to NAIL Leather Company, Vaniyambadi under the 1st respondent in main O.P, the driver of the aboves...
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