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Chennai Court July 2012 Judgments

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Jul 18 2012

K.Vairavan. Vs. Selvaraj

Court: Chennai

Decided on: Jul-18-2012

PRAYER Petition filed under Section 397 R/W 401 of the Code of Criminal Procedure Code against the order dated 06.06.2012 made in Crl.M.P.No.3397 of 2012 in S.T.C.No.672 of 2009 on the file of the Judicial Magistrate, Periyakulam.ORDER1. The Criminal Revision Petition has been filed by the petitioner/accused against the order dated 06.06.2012 made in Crl.M.P.No.3397 of 2012 in S.T.C.No.672 of 2009 on the file of the Judicial Magistrate, Periyakulam.2. The facts of the case are that the petitioner is the accused and the respondent is the complainant in the case. The respondent alleges that the petitioner has committed an offence punishable under Section 138 of the Negotiable Instruments Act. According to the petitioner, the cheque in question was not signed and issued by him to the respondent. It is his further contention that there was neither legally enforceable debt nor liability on the part of the petitioner impelling him to issue the cheque in question.3. During trial of the case, ...


Jul 18 2012

M.RajA. Vs. the Chairman and ors.

Court: Chennai

Decided on: Jul-18-2012

This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the first respondent to consider the representation dated 10.7.2012 to consider the petitioner's undertaking and consider the petitioner for admission to the 5 years B.A.B.L. (Hons) course for the academic year 2012-2013 on the condition that if the petitioner failed to submit the said community certificate within the said period of three months the petitioner's admission to the course will stands automatically cancelled.ORDER1. This writ petition is filed by the petitioner seeking to consider his representation, dated 10.7.2012 and to take into account the petitioner's undertaking and consider the admission of the petitioner to 5 years B.A.B.L. (Hons) course starting from the academic year 2012-2013 on condition that if the petitioner failed to submit the said community certificate within a period of three months, the petitioner's admission to the said c...


Jul 18 2012

Uduman Lebbai Maraicar. Vs. K.Arulnandhi.

Court: Chennai

Decided on: Jul-18-2012

Civil revision petition filed under Section 25 of the Pondicherry Buildings (Lease and Rent Control) Act, 1969 as against the judgment and decree dated 18.08.2011 passed by the learned District Judge, Karaikal in R.C.A.No.1 of 2011 in confirming the order and decree dated 13.12.2010 passed by the learned Principal District Munsif, Puducherry at Karaikal in RCOP No.10 of 2004 .ORDER1. Animadverting upon the judgment and decree dated 18.08.2011 passed by the learned District Judge, Karaikal in R.C.A.No.1 of 2011 in confirming the order and decree dated 13.12.2010 passed by the learned Principal District Munsif, Puducherry at Karaikal in RCOP No.10 of 2004 , this civil revision petition is focussed by the tenant.2. A thumbnail sketch absolutely necessary for the disposal of this civil revision petition would run thus:(i) The respondent/landlord filed the RCOP No.10 of 2004 seeking eviction of the revision petitioner/tenant on the grounds of wilful default and personal occupation by invoki...


Jul 18 2012

S.Revathi Devi. Vs. the Secretary, Tamilnadu Public Service Commission

Court: Chennai

Decided on: Jul-18-2012

Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ of Certiorari, to call for the records on the file of the respondent and quash the selection of Group I service 1999 - 2000 conducted by Tamilnadu Public Service Commission so far as the petitioner is concerned.O R D E R1. The petitioner applied for Group I Services examination conducted by the Tamil Nadu Public Service Commission. She attended preliminary examination in the year 2000, where she was declared selected for taking up main written examination. The petitioner thereafter participated in the main written examination  conducted by the respondent from 24.09.2001 to 17.10.2001.2. It is the case of petitioner, that her performance was excellent, but her shock and surprise, her name did not appear in the list of successful candidates. It is submission of petitioner, that she had opted for geography and Tamil Literature subjects.3. Prior to participation in Group I, she had als...


Jul 18 2012

Mourya Raymonds Retail Shop. Vs. Bhagwandas P.Daswani and ors.

Court: Chennai

Decided on: Jul-18-2012

Civil revision petitions filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 as amended by Act 23/73 and 1 of 1980 against the common judgment and decrees dated 06.03.2007 passed by the learned VIII Judge Court of Small Causes, Chennai in R.C.A.Nos.1626 and 1686 of 2004 in modifying the order and decree dated 08.11.2004 passed by the learned XI Judge, Court of Small Causes, Chennai in RCOP No.1403 of 2003 in fixing the fair rent.COMMON ORDER1. At the hearing, the learned Advocates on both sides, in unison, presented the joint memorandum of compromise signed by them and they would make a joint representation that the respective parties also signed the compromise memo to the effect that the parties amicably arrived at the fair rent to be fixed at Rs.2,25,000/- per month.2. The compromise appears to be reasonable and I could see no reason not to record the same since the joint compromise memo was entered into voluntarily between the parties and the joint ...


Jul 18 2012

S.D.Balasubramanian. Vs. the State of Tamilnadu and ors.

Court: Chennai

Decided on: Jul-18-2012

This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to upgrade the petitioner as special Sub Inspector of Police without reference to the punishment of postponement of increment for 2 year without cumulative effect dated 4.7.2004 by including the name of the petitioner in between serial No.165 and 166 in the annexure to the order of the 3rd respondent dated 2.8.2010 with all attendant benefits and pass such further or other orders as this Honourable Court may deem fit.O R D E R1. Mr.S.Navaneethan, the learned Additional Government Pleader, takes notice for the respondents.2. Though the prayer is for a larger relief, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the third respondent is directed to dispose of the representation, dated 4.8.2010, on merits and in accordance with law, in view of the decision of the Full Bench of this Court, in T...


Jul 18 2012

N.Babu Prasad. Vs. the Union of India Rep.

Court: Chennai

Decided on: Jul-18-2012

This civil revision petition is preferred under Article 227 of the Constitution of India as against the order and decreetal order dated 20.02.2012 passed by the learned V Additional Judge, City Civil Court, Chennai in CMA No.179 of 2009 and to set aside the orders in No.C.19/47/2008/AEM(M)/7611 dated 29.07.2009 and in No.C.19/47/2008/AEM(M)/1214 dated 18.06.2009 on the file of the Assistant Estate Manager, Shastri Bhavan, Chennai 600 006.ORDER1. This civil revision petition has been focussed as against the order and decreetal order dated 20.02.2012 passed by the learned V Additional Judge, City Civil Court, Chennai in CMA No.179 of 2009 and to set aside the orders in No.C.19/47/2008/AEM(M)/7611 dated 29.07.2009 and in No.C.19/47/2008/AEM(M)/1214 dated 18.06.2009 on the file of the Assistant Estate Manager, Shastri Bhavan, Chennai 600 006.2. Heard both sides.3. A thumbnail sketch of the germane facts, absolutely necessary for the disposal of this civil revision petition would run thus:a...


Jul 18 2012

Union of India Rep. Vs. Mrs.V.Vijaya

Court: Chennai

Decided on: Jul-18-2012

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari, calling for the records relating to the order passed by the second respondent in O.A.No.277 of 2008, dated 12.11.2009 and to quash the same.O R D E R(Order of the Court was made by Justice Elipe Dharma Rao)1. The petitioner has filed the present writ petition challenging the order, dated 12.11.2009, made in O.A.No.277 of 2008, whereby the original application, which was filed by the first respondent herein against the order, dated 29.01.2008 passed by the respondent therein/petitioner herein directing her to produce the original community certificate to process her case for promotion to the post of Office Superintendent Grade II, was allowed and the respondent therein was directed to promote her to the abovesaid post pursuant to the panel of selection dated 10.05.2006 with effect from the due date with all consequential benefits.2. It is the case of the petitioner...


Jul 18 2012

N.A.A.Vijayarani Sakunthala Esther. Vs. the Tirunelveli Diocesan Trust ...

Court: Chennai

Decided on: Jul-18-2012

PRAYER Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 22.1.2011 passed in W.P.(MD)No.11829 of 2010 on the file of this Court.JUDGMENT R.BANUMATHI, J1. This Writ Appeal arises out of the order in W.P.(MD)No.11829 of 2010 (dated 22.1.2011), whereby the Writ Court dismissed the Writ Petition declining to interfere with the transfer of the appellant from fifth respondent School - Cathedral Higher Secondary School, Palayamkottai to sixth respondent School - West Tirunelveli Higher Secondary school, Nalloor.2. The appellant was working as Drawing Master and also she was holding the post of Assistant Headmistress in the fifth respondent School - Cathedral Higher Secondary School, Palayamkottai. By order dated 6.9.2010, the appellant was transferred from fifth respondent School - Cathedral Higher Secondary School, Palayamkottai to sixth respondent School - West Tirunelveli Higher Secondary school, Nalloor, on being recommended by the Standing Committee for high...


Jul 18 2012

Renuka Ramanath. Vs. Yes Bank Limited

Court: Chennai

Decided on: Jul-18-2012

Prayer:- Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to call for the records and quash the proceedings in C.C.No.1916 of 2010 on the file of the learned XIV Metropolitan Magistrate, Egmore, Chennai.ORDER1. The petitioner is the 5th accused in C.C.No.1916 of 2010 on the file of the XIV Metropolitan Magistrate, Egmore, Chennai. Totally, there are as many as 9 accused in the case. The first accused is, admittedly, a company, known as "M/s.Subhiksha Trading Services Limited" (hereinafter referred to as, "the Company"). The accused 2 to 9 are the Directors of the 1st accused company. In the complaint, it is alleged that the 1st accused has committed an offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as, "the Act") and since the accused 2 to 9, being the Directors of the Company, were involved in the day-to-day affairs of the company, as provided in Section 141 of the Act, they are also liable f...


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