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Chennai Court June 2012 Judgments

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Jun 11 2012

The Manager, Indusind Bank Vs. M. Mounagurusamy

Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on: Jun-11-2012

(The appeal having come before us for final hearing on 30.4.2012, upon hearing the arguments of both sides and perused the documents, written submissions as well as the order of the District Forum, this Commission made the following :-) A.K.ANNAMALAI, PRESIDING JUDICIAL MEMBER. The opposite party is the appellant. 1. The complainant entered into a hire purchase agreement with the opposite party bank for the purchase of Maruthi 800 car on 14.10.2004 and executed necessary documents and after payment of entire loan amount and settlement of dues on 13.10.2009, when the complainant demanded for return of original RC Book which was entrusted to the opposite party for the purpose of hire purchase was not returned and after issuing a legal notice, he has come forward with the consumer complaint on 26.11.2009 praying relief for a direction to hand over the original R.C book for his car and also to pay a sum of Rs.50,000/- towards damages for mental agony and hardship and loss of original RC B...


Jun 08 2012

B.Chellammal Vs. Tirunelveli City Municipal

Court: Chennai

Decided on: Jun-08-2012

PRAYERWrit petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 and 2 from deducting any amount from the petitioner's salary from the month of December 2006 on behalf of the 3rd respondent.ORDER1. The petitioner is an employee under the first respondent Municipal Corporation. She stood as a guarantor in a transaction before the third respondent. The third respondent obtained a decree against the person, who obtained loan as well as against the petitioner herein. Based on the decree, the third respondent moved the Subordinate Court, Tirunelveli and got an order for recovery from the salary of the petitioner. The order dated 16.02.2005 of the Subordinate Court, Tirunelveli, relating to order of attachment of a portion of salary passed in E.P.No.429 of 2004 in C.C.No.61 of 2002 is enclosed at page No.3 of the typed set of paper.2. According to the petitioner, the entire amount is recovered, but, the recovery is ...


Jun 08 2012

Sri Audikesava Perumal Peyalwar Devasthanam. Vs. the Commissioner, and ...

Court: Chennai

Decided on: Jun-08-2012

Prayer: Writ petition is filed under Article 226 of Constitution of India for issuance of a writ in the nature of Certiorari, calling for the records pertaining to the impugned show cause notice made in Na.Ka.No.8946/2011/BC dated 26.09.2011 on the file of the second respondent and quash the same as illegal, void, without jurisdiction and ultravires.O R D E R1. Sri Audikesava Perumal Peyalwar Devasthanam, Mylapore, Chennai, has invoked the writ jurisdiction of this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the impugned show cause notice, issued vide Na.Ka.No.8946/2011/BC dated 26.09.2011, being illegal, void and without jurisdiction.2. The petitioner Temple is a Temple of Thengalai Persuation and comparatively an old Temple. The Temple is governed as per the scheme framed by this Court in C.S.No.593 of 1922 dated 20.11.1925, which was modified by the Hon'ble Division Bench of this Court in O.S.A.No.189 of 1926, which was again modified in O.P.No.1...


Jun 08 2012

Hobart Child Development Centre. Vs. Hepsiba

Court: Chennai

Decided on: Jun-08-2012

Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari, to call for the records in TNSC No.1 of 2003 dated 27.02.2008 on the file of the second respondent and quash the order dated 27.02.2008 passed by the second respondent in TNSC No.1 of 2003.O R D E R1. The petitioner is the Child Development Centre represented by its Project Director. The Centre is functioning under the Hobart School Campus in Ooty, Nilgiris District. The said Centre is established by Church of South India through the Coimbatore Diocese Counsel. In this writ petition, they have challenged the order passed by the Deputy Commissioner of Labour, Coonoor in TNSC No.1 of 2003.2. It is seen from the records that the first respondent filed an appeal under Section 41(2) of the Tamil Nadu Shops and Establishments Act, 1947 (for short Shops Act) before the second respondent. The said appeal was taken on file as TNSC No.1 of 2003. The authority after notice to the petitioner Manage...


Jun 08 2012

Duraisamy. Vs. the Executive Engineer and ors.

Court: Chennai

Decided on: Jun-08-2012

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondents to pay the compensation of Rs.5,00,000/- for the death of the petitioner's son.O R D E R1. The petitioner, who has lost his son, due to electrocution in an agricultural field, has sought for a Mandamus, directing the respondents to pay the compensation of Rs.5,00,000/- for the death of his son.2. According to him, their family members were agricultural labourers. Due to old age, he could not work and their family was solely depending on his son's income. That on 21.12.2001, his son, Thiru.Thaganapandian, went out to pasture goats at the foot of the Hill. In the Evening, he went to the foot of the hill in search of the missing goats and at that time, he contacted with a live electric fencing laid by respondents 3 and 4, in their lands and died on the spot, due to electrocution. But the respondents 3 and 4 have removed his body and placed it, half a kilometer ...


Jun 08 2012

R.Venkatapathy. Vs. the Principal Accountant General

Court: Chennai

Decided on: Jun-08-2012

Prayer: This Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 14.12.2005 and pass suitable orders directing the first respondent to issue revised authorisation to the third respondent through the second respondent to draw Rs.29205/- in consonance with the Account Slip dated 23.06.2005 issued by the Accountant General for the year 2004-2005 relating to the petitioner's GPF Account No.48946/G.A. and disburse amounts to the petitioner.ORDER1. The Petitioner has preferred the present Writ Petition for issuance of Writ of Mandamus directing the first Respondent to consider the representation of the Petitioner dated 16.12.2005 and to pass suitable orders directing him to issue revised authorisation to the third Respondent through the second Respondent to draw Rs.2,92,057/- in consonance with the Account Slip dated 23.06.2005 issued by the firs...


Jun 08 2012

Eniya Vasantham Nanbargal. Vs. the City Commissioner of Police

Court: Chennai

Decided on: Jun-08-2012

This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to forbear the respondents from interfering in any manner in the lawful activities of the petitioner Mandram including of playing indoor games like chess, carom and 13 cards rummy game and also from harassing the members, guests and management of the petitioner mandram in any manner.ORDER1. This writ petition is filed by a sports club which is a registered society at Chennai. In this writ petition, the petitioner sought for a direction to the respondents police not to interfere with the lawful activities of the petitioner mandram including of playing indoor games like Chess, Carom Board and 13 cards rummy game and also from harassing the members, guests and the management of the petitioner club.2. The affidavit does not disclose whether the respondents police are interfering with the petitioner's members playing chess or carom board. The main motive of the petition...


Jun 08 2012

Kalyani and ors. Vs. Natarajan.

Court: Chennai

Decided on: Jun-08-2012

Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the fair and decretal order dated 28.07.2004 made in M.A.C.T.O.P.No.182 of 2002 on the file of the Motor Accidents Claims Tribunal, IV Judge, Small Causes Court, Chennai.JUDGMENT1. The claimants, who are dependents of the deceased in the road accident have directed this appeal to enhance the compensation amount awarded to them by the Tribunal.2. On 09.07.2000, at about 08.45 p.m. at a place in Chennai, when Chandrasekaran came driven his two-wheeler, the driver of the first respondent came driven his lorry in a rash and negligent manner and hit against the bike-rider, resulting in his death.3. The wife, parents and three children, all numbering six, of the deceased have sought for compensation from the Motor Accident Claims Tribunal (IV Judge, Court of Small Causes), Chennai in M.A.C.T.O.P.No.182 of 2002. The Tribunal fixing the monthly income of the deceased at Rs.9,000/-, deducted 1/3rd from it...


Jun 08 2012

K.Nagarajan Vs. the Registrar

Court: Chennai

Decided on: Jun-08-2012

PRAYERWrit petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the third respondent herein for accord the permanent status of the petitioners in the services of the Management of M/s.Heavy Alloy Penetrative Project, Trichy and grant further and other reliefs which the petitioners are entitled and to pass appropriate orders in petitioner's representations dated 28.11.2011.ORDER1. The petitioners are Sanitary Workers. Totally 42 sanitary workers including the petitioners were appointed by the respondents 2 and 3. According to the respondents 2 and 3, they were appointed on contract basis through a contractor from 1988, almost continuously without any break. The said contractor is also one among the sanitary workers.2. The said 42 sanitary workers including the petitioners filed O.A.No.489 of 1997 before the Central Administrative Tribunal, Chennai, seeking for a direction to regularize their services. The said O.A.No.489 of 1997...


Jun 08 2012

K.Baby Rani. Vs. Joint Secretary to Government of Tamil Nadu

Court: Chennai

Decided on: Jun-08-2012

Prayer: This Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records pertaining to the orders of the respondent in his letter No.35290/HB 3(1)/05-5, dated 09.10.2006 and quash the same.ORDER1. The Petitioner has filed the present Writ of Certiorari in calling for the records pertaining to the orders of the Respondent in his Letter No.35290/HB 3(1)/05-5, dated 09.10.2006 claiming recovery of rent from her, for the period from 11.07.2006 to 08.10.2006, from the Registry, High Court (after cancellation of allotment orders of Government Quarters RC 5 Lloyds Colony, Chennai-14 under the Lloyds Colony Scheme Area) and to quash the same.2. The petitioner joined the service of the High Court, Madras on 01.02.1999 as a Copyist. She is working as an Assistant Section Officer since 13.08.2003. She registered her name to obtain a Government Quarters in March 2000. Her scale of pay is Rs.5500-175-9000 with effect fr...



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