Chennai Court June 2012 Judgments
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Giri Ram Finance and Leasing (P) Ltd. Vs. A.Palaniappan and ors.
Court: Chennai
Decided on: Jun-06-2012
Civil revision petition preferred under Section 115 of the Code of Civil Procedure, 1908 against the fair and final order dated 13.07.2011 made in I.A.No.72 of 2009 in CFR No.8963 of 2009 on the file of the Sub Court, Bhavani.ORDER1. Animadverting upon the order dated 13.07.2011 passed in I.A.No.72 of 2009 in CFR No.8963 of 2009 by the learned Subordinate Judge, Bhavani, this civil revision petition is focussed.2. Heard the learned counsel for the petitioner.3. At the entertaining stage itself, I heard the learned counsel for the petitioner who would detail and delineate the background of this case, which could succinctly and pithily be set out thus:The revision petitioner herein filed the suit as against four persons, so to say the father and his three sons. They contested the matter. The suit was decreed. Thereafter, E.P. was filed and the sale deed was also executed in favour of the plaintiff. Subsequently, as an afterthought, according to the learned counsel for the petitioner, the...
Dr.S.Manivasakan Vs. University of Madras
Court: Chennai
Decided on: Jun-06-2012
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the first respondent from allowing the second respondent either to participate or to cast his vote in the Senate and Syndicate Election of Madras University to be held on 29.09.2007 or any other subsequent date.O R D E R1. The Learned counsel for the petitioner informs this Court that the relief sought for in the Writ Petition has become an infructuous one. He has also made an endorsement to that effect.2. Recording the said fact of Writ Petition becomes infructuous, this Court dismiss the Writ Petition as an infructuous one. Consequently, connected Miscellaneous Petition is also closed. No costs....
Kasambu and ors. Vs. Sumathy.
Court: Chennai
Decided on: Jun-06-2012
Second Appeal filed under Section 100 CPC against the judgment and decree made in A.S.No.No.87/2004 dated 25.8.2005 on the file of the 1st Additional Sub-Ordinate Judge, Cuddalore reversing the judgment and decree made in O.S.No.438/98 dated 28.9.2004 on the file of the Principal District Munsif, Cuddalore.J U D G M E N T1. In the present Second Appeal preferred by the defendants/appellants the issue raised is whether the lower appellate Court, while reversing the judgment of the trial court, has correctly passed the impugned judgment.2. The plaintiff/respondent herein filed a suit against the defendants/appellants herein seeking delivery of vacant possession of the suit schedule property along with damages on the ground that the defendants/appellants deliberately and willfully neglected to pay the monthly rent. The trial court dismissed the suit. As against the dismissal of the suit, when the first appeal was filed, the lower appellate Court reversed the judgment of the trial Court an...
E.Ganesan Vs. State by Inspector of Police
Court: Chennai
Decided on: Jun-06-2012
Prayer: Criminal Appeal filed under Section 374 of Criminal Procedure Code against the judgment of the learned Additional Special Judge for CBI cases, Chennai made in C.C.No. 186 of 1997 dated 21.8.2002 convicting the appellant herein under Section 13(1)(e) r/w Section 13(2) of Prevention of Corruption Act and sentencing him to undergo rigorous imprisonment for two years and also to pay find of RS.10,000/- in default to undergo rigorous imprisonment.J U D G E M E N T1. The accused/appellant has directed this appeal against the judgment dated 21.08.2002 rendered by the learned Additional Special Judge for CBI cases, Chennai, in C.C.No.186 of 1997, thereby convicting the appellant for the offence punishable under Section 13(1)(e) read with Section 13(2) of Prevention of Corruption Act and awarding the sentence of two years R.I. and to pay a fine of Rs.10,000/-, in default of payment, further imprisonment of two months.2. Briefly stated, the case of the prosecution is that the appellant E...
G.V.Shankararaj and ors. Vs. Aruligu Mangalagiri Perumal and ors.
Court: Chennai
Decided on: Jun-06-2012
Civil revision petition preferred against the order dated 15.9.2011 passed by the Principal Subordinate Court, Erode, in I.A.No.716 of 2010 in A.S.No.........of 2010.ORDER1. Inveighing the order dated 15.9.2011 passed by the Principal Subordinate Court, Erode, in I.A.No.716 of 2010 in A.S.No.........of 2010, this revision petition petition has been filed.2. The facts as stood uncurtained in this matter could be encapsulated thus:(i) The revision petitioners herein filed the appeal memorandum, as against the judgement and decree passed by the lower Court in O.S.No.2951 of 1981 along with I.A., to get the delay of 61 days condoned in preferring the appeal.(ii) However, after hearing both sides, the appellate Court dismissed the said interlocutory application for condoning the delay.3. Being aggrieved by and dissatisfied with the same, the revision petitioners preferred this revision on the main ground that the appellate Court failed to give opportunity to the petitioners to get the appea...
R.Thangaraj Vs. the Superintendent of Police and ors.
Court: Chennai
Decided on: Jun-06-2012
PRAYER:This petition came to be numbered by transfer of O.A.No. 3703 of 2001 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Certiorari, to quash the order of punishment of 'Blackmark' dated 21.10.2000 passed by the first respondent vide P.R.No.143/2000 and the order passed by the second respondent vide C.No.C1/AP 152/2000 dated 15.03.2001.O R D E R1. The petitioner while working as Head Constable in the Armed Reserve Police at Kanyakumari District, was served with a charge memo vide P.R.No.143/2000 dated 21.6.2000 under the Tamil Nadu Police Subordinate Service (Discipline & Appeal) Rules. The petitioner submitted explanation to the Deputy Superintendent of Police, Valliyoor on 24.6.2000 who after considering the explanation submitted by the petitioner, forwarded his minutes to the first respondent on 14.8.2000, holding the petitioner not guilty.2. The competent authority i.e. Superintendent of Police without recording a dissent not...
National Insurance Co. Ltd. Vs. Srinivasan
Court: Chennai
Decided on: Jun-06-2012
Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree, dated 30.12.2004, made in MCOP No.1043 of 2003 on the file of the Motor Accident Claims Tribunal, Additional District Judge, FTC-5, Tiruppur.J U D G M E N T1. The above Civil Miscellaneous Appeal has been filed by the Insurance Company, who is the second respondent before the Tribunal, as against the quantum of compensation awarded by the Motor Accident Claims Tribunal, Additional District Judge, FTC-5, Tiruppur, in MCOP No.1043 of 2003, dated 30.12.2004.2. The first respondent has filed the above said petition for compensation of Rs.5,00,000/- for the injuries sustained by him in the accident, dated 02.01.2000.3. The brief facts, which are necessary for the disposal of the above appeal, are as follows:-On 02.01.2000, at about 12.30 hrs, the claimant was going by a scooter bearing Registration No.TN41 Z 8342 from east to west in the East West NH-47 road near Sam...
K.Sivanandam. Vs. Maragathammal
Court: Chennai
Decided on: Jun-06-2012
Second Appeal filed under Section 100 CPC against the judgment and decree dated 16.9.2002 and made in A.S.No.90 of 2002 on the file of IV Additional Judge, City Civil Court, Chennai confirming the judgment and decree dated 20.2.2002 and made in O.S.No.4780 of 1997 on the file of XIV Assistant Judge, City Civil Court, Chennai.J U D G M E N T1. The appellants before this court were defendants before the trial Court against whom the plaintiff/respondent filed a suit for permanent injunction restraining the defendants, their men, agents, servants from in any manner interfering with the possession and enjoyment of the suit property by the plaintiff and also for payment of costs of the suit.2. (i) The plaintiff-Maragathammal's husband-Kanniappan, D1-Sivanandam and one Poosammal-sister of Kanniappan and Sivanandam, were born to one Sundarammal and Kuppusamy. One Pakkirisamy Pillai who was the brother of Sundarammal and the maternal uncle of plaintiff's husband(Kanniappan), D1-Sivanandam and t...
L.Bhoopathy Vs. L.Mani
Court: Chennai
Decided on: Jun-06-2012
Civil revision petition preferred under Article 227 of the Constitution of India seeking early disposal of I.A.No.22946 of 2010 in I.A.No.6137 of 2009 in O.S.No.3838 of 2004 on the file of the learned V Assistant City Civil Judge at Chennai.ORDER1. This civil revision petition is focussed seeking early disposal of I.A.No.22946 of 2010 in I.A.No.6137 of 2009 in O.S.No.3838 of 2004 on the file of the learned V Assistant City Civil Judge, Chennai.2. At the hearing it transpired that the earlier notice ordered returned, as the respondent vacated the premises. In the meanwhile, the learned counsel for the petitioner would implore and entreat that no notice itself is required in this case, because he does not want any substantive remedy as against the respondent and what all his client wants is a direction to the lower Court to dispose of the I.A.No.22946 of 2010 as this case is having a chequered career of its own as set out in the revision. The suit itself was of the year...
The Managing Director. Vs. Abidabi and ors.
Court: Chennai
Decided on: Jun-06-2012
Prayer:- Civil Miscellaneous Petition filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree, dated 31.1.2005, made in M.AC.T.O.P.No.563 of 2001 on the file of Motor Accidents Claims Tribunal (Addl. District Court, Fast Track Court No.V), Coimbatore at Tiruppur.JUDGMENT1. This civil miscellaneous appeal is preferred by appellant-Corporation challenging the quantum of compensation awarded in the judgment and decree dated 31.1.2005, made in M.AC.T.O.P.No.563 of 2001 on the file of Motor Accidents Claims Tribunal (Additional District Court, Fast Track Court No.V), Coimbatore at Tiruppur.2. In the claim petition, the petitioner/1st respondent has stated that on 9.8.2000 at 9 am when she was travelling in bus bearing Regn.No.TN-33-N-1271 belonged to the 3rd respondent driven by 1st respondent and when the bus was coming from Erode to Tirupur near Pakalayur in Vijayamangalam-Uttukuli road, another bus bearing Regn.No.TN-33-N-1277 belonged to third respondent, dr...