Chennai Court July 2012 Judgments
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Kuppayee. Vs. Thajudeen
Court: Chennai
Decided on: Jul-20-2012
Civil Revision Petition filed against the fair and decreetal order dated 17.3.2010 made in I.A.No. 273 of 2008 in O.S.No.40 of 2007 on the file of the Subordinate Judge, Kallakurichi.ORDER1. Whether a third party to an agreement of sale can be impleaded as a party defendant, at her instance, in a suit for specific performance, is the question to be answered in this Civil Revision Petition. 2. The petitioner herein as a third party filed an application under Order 1 Rule 10 C.P.C. to implead her as proposed party/ second defendant in a suit filed by the first respondent herein for specific performance of an agreement of sale said to have been executed by the second respondent on 29.4.2002 in respect of an extent of 55 cents of land. The suit in O.S.No. 40 of 2007 came to be filed on the file of the Sub Court, Kallakurichi by the first respondent herein against the second respondent.3. The case of the first respondent is that the second respondent agreed to sell the suit property fo...
M.Brindavanam. Vs. the Secretary to Government
Court: Chennai
Decided on: Jul-20-2012
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 of the 1st respondent relating to the impugned order G.O.Ms.No.42 Transport (RW) Department dated 27.05.2005 and to quash it and consequently directing the respondents to take necessary and appropriate steps forthwith to sanction pension with effect from 01.01.1988 by calculating the qualifying service for pension from the date of initial appointment (i.e.) 08.06.1963 upto 31.03.1982 and to pay arrears of pension within a time frame as this Honourable Court may deem fit and to continue payment of pension in the subsequent months upto the end of his life. OR D E R1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the impugned part of the order G.O.Ms.No.42 Transport (RW) Department dated 27.05.2005, ordering exclusion of the period of daily wage service for the purpose of ...
Union Bank of IndiA. Vs. Sri.Mehul R.Shah and ors.
Court: Chennai
Decided on: Jul-20-2012
Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for contempt of the Order in Application No.3458 of 2002 in C.S.No.326 of 2002 dated 06.09.2002.O R D E R1. The petitioner has filed the present contempt petition seeking to punish the respondents for having disobeyed the order passed by this Court in Application No.3458 of 2002 in C.S.No.326 of 2002 dated 06.09.2002.2. When the contempt petition came up on 16.12.2003, neither the respondents nor their counsel was present. Hence, bailable warrant was issued. Subsequently, on an application being made, the warrant was re-called on 22.12.2003.3. On notice from this Court, a counter affidavit dated 04.03.2004 was filed by respondents.4. By the order of which contempt arose, this Court directed the respondents to restore stock of diamonds measuring 3640.65 Cts of the value of Rs.2,59,13,256/- as on 31.07.2000, reported vide their letter dated 03.07.2001 to have been given to the panch, at their office a...
Karuppasamy. Vs. Shanmugasundaram
Court: Chennai
Decided on: Jul-20-2012
Civil revision petition preferred against the order dated 11.12.2009 passed by the District Munsif, Kangayam, Erode District, in E.P.No.1 of 2007 in O.S.No.43 of 2005ORDER1. Animadverting upon the 11.12.2009 passed by the District Munsif, Kangayam, Erode District, E.P.No.1 of 2007 in O.S.No.43 of 2005, this civil revision petition is filed.2. A thumbnail sketch of the germane facts absolutely necessary and germane for the disposal of this civil revision petition, in a few broad strokes can be encapsulated thus:(i) The respondent herein happened to be the decree holder, who filed the E.P.No.1 of 2007 for recovery of a sum of Rs.1,12,037.00 based on money decree.(ii) The revision petitioner herein/judgement debtor resisted the E.P. by pleading that he was a man of no means and that he could not be arrested.(iii) The Executing Court conducted the enquiry. The decree holder examined himself as P.W.1 and no document was marked on his side. The judgement debtor examined himself as R.W.1 alon...
National Insurance Co. Ltd. Vs. Nehru and ors.
Court: Chennai
Decided on: Jul-20-2012
Prayer: Both CM.A.No.3602/2006 and CMA.No.3603/2006 have been filed under Section 173 of the Motor Vehicles Act, 1988 as against the common award and decree dated 31.1.2006 made in MCOP.No.1045 of 2003 and MCOP.No.1053 of 2003 on the file of the Motor Accidents Claims Tribunal (Fast Track Court No.4), Coimbatore at Tiruppur.COMMON JUDGMENT1. The appellant/2nd respondent-insurance company has filed both C.M.A.No.3602 of 2006 and CMA.No.3603 of 2006 challenging the quantum of compensation passed in common award and decree dated 31.1.2006 made in MCOP.No.1045 of 2003 and MCOP.No.1053 of 2003 on the file of the Motor Accidents Claims Tribunal (Fast Track Court No.4), Coimbatore at Tiruppur. 2. The 1st Respondent in both appeals/Petitioners in both MCOP.Nos.1045 and 1053 of 2003 have filed claim petitions for compensation of Rs.5 lakhs each for the injuries sustained by them in the motor accident. The petitioners in the claim petitions have stated that on 24.2.2003 at about 6 hours, wh...
V.Karuna PriyA. Vs. the Life Insurance Corporation of IndiA.
Court: Chennai
Decided on: Jul-20-2012
Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of certiorarified mandamus, calling for the records relating to the order of the respondent in Ref:-Engg/Hsg/114/Chennai dated 13.10.2007 and the order of the first respondent in proceedings No.Engg/Hsg/Chennai dated 23.04.2008 and quash the same and consequently direct the respondent to allot one Flat to the petitioner herein in the Housing Scheme of Life Insurance Corporation of India in Padi Eri, Chennai.O R D E R1. The writ petition is filed by the petitioner challenging an order passed by the respondent LIC of India dated 13.10.2007. By the impugned order, a cheque of Rs.51,479/- was returned to the petitioner towards refund of Advance Registration Fees along with accrued interest @ 6% p.a., consequent upon the order of this Court made in W.P.Nos.8843 and 8827 of 2007 and the petitioner was requested to acknowledge the same.2. When the writ petition came upon 31.01.2008, this Court permitted the ...
K.Rajendran. Vs. S.Nagarajan.
Court: Chennai
Decided on: Jul-20-2012
Civil Revision Petition filed against the fair and final order dated 15.10.2009 made in I.A.No.354 of 2007 in C.F.R.No.8009 of 2007 on the file of the Principal Subordinate Judge, Gobichettipalayam.ORDER1. This Civil Revision Petition is filed under Article 227 of the Constitution of India by the petitioner, who is the plaintiff in a suit for recovery of money based on a promissory note. He is aggrieved against the order passed by the Court below in I.A.No.354 of 2007 dated 15.10.2009 wherein and whereby the application filed under Sections 148 and 151 CPC was dismissed.2. The short facts culled out from the pleadings are as follows:- The respondent herein borrowed a sum of Rs.75,000/- from the petitioner on 17.6.2004 and executed a promissory note on the same day promising to repay the said sum with interest on demand by the petitioner. As the respondent did not pay the said sum, in spite of a notice issued by the petitioner on 12.11.2005, the petitioner came forward with the abo...
Kuppusamy. Vs. Surajbai
Court: Chennai
Decided on: Jul-20-2012
Civil revision petition filed against the judgement and decree dated 26.3.2012 passed by the VIII Court of Small Causes, Chennai, in R.C.A.No.826 of 2007 confirming the order dated 28.9.2007 passed by the XVI Court of Small Causes, Chennai, in R.C.O.P.No.1994 of 2006.ORDER1. Animadverting upon the judgement and decree dated 26.3.2012 passed by the VIII Court of Small Causes, Chennai, in R.C.A.No.826 of 2007 confirming the order dated 28.9.2007 passed by the XVI Court of Small Causes, Chennai, in R.C.O.P.No.1994 of 2006, this civil revision petition is filed.2. A thumbnail sketch of the germane facts absolutely necessary for the disposal of this civil revision petition would run thus:(i) The respondent herein/landlord filed the RCOP No.1994 of 2006, invoking Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, on the ground of 'wilful default' in paying the rents. The matter was resisted.(ii) Whereupon the Rent Controller conducted enquiry. The Power of Attorney of...
A.M.Shakkaravarthy RajA. Vs. the Chairman and ors.
Court: Chennai
Decided on: Jul-20-2012
Prayer in W.P.No.22921/2007:Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus, directing the respondents to calculate the employees pension from 01.06.2001 till this date and pay the same to the petitioner in accordance with law.Prayer in W.P.No.23059 of 2007:Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus, directing the respondents to calculate the employees pension from 01.10.1997 till this date and pay the same to the petitioner in accordance with law.Prayer in W.P.No.24899 of 2007:Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus, directing the respondents to calculate the employees pension from 01.01.1997 till this date and pay the same to the petitioner in accordance with law.Prayer in W.P.No.41134 of 2007:Writ Petitions filed under Article 226 of the Constitution of India praying for t...
Manikandan Kolandaivelu . Vs. Bharat Petroleum Corporation Ltd.
Court: Chennai
Decided on: Jul-20-2012
This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records relating to the final mark sheet in respect of interview for domestic LPG distributorship at Location Salem held between 22.02.2012 and 23.02.2012 pursuant to the calling for the application for LPG Distributorship by the first respondent empanelling the second respondent as candidate No.1 and quash the same and to direct the petitioner who is empanelled candidate No.2 as empanelled candidate No.1 and issue the letter of intent to the petitioner.ORDER1. The petitioner is the applicant for LPG Distributorship for the location at Salem. In this writ petition, he sought to challenge the final mark sheet in respect of the interview for domestic LPG distributorship at Salem held between 22.2.2012 and 23.2.2012 pursuant to the calling for the application by the first respondent empanelling the second respondent as candidate No.1 and...
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