Chennai Court July 2012 Judgments
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Ramachandran. Vs. the State By, Inspector of Police
Court: Chennai
Decided on: Jul-17-2012
Common Prayer:-Criminal Appeals filed under Section 374 of Cr.P.C., to set aside the judgment passed in S.C.No.194/2009 on 27.09.2010 by the Additional Sessions Judge (formerly Fast Track Court No.V), Tirupur.COMMON JUDGMENT(Judgment of the Court was delivered by P.DEVADASS, J.,)1. Since both the Criminal Appeals arises out of the same Judgment, they were heard together and are being disposed of by this common Judgment.2. In Crl.A.No.66/2011, A1 to A3, in Sessions Case No.194 of 2009 (VII Addl. Sessions Judge, formerly Fast Track Court No.V) Tirupur and in Crl.A.No.711 of 2010, A4, in the said Sessions Case, are challenging their conviction and sentences.3. On 27.9.2010, A1 to A4 were convicted and sentenced as detailed below:-AccusedConviction under SectionSentences imposedA.1(i) 341 IPC(ii) 302 IPC(i) 1 month Simple Imprisonment(ii) Life sentence and fine of Rs.10,000/-, in default, 6 months Rigorous ImprisonmentA.2(i)341 IPC(ii) 307 IPC(i) 1 month Simple Imprisonment(ii) 10 years Ri...
R.Kannan and ors. Vs. Jayapriya Chit Funds Private Limited
Court: Chennai
Decided on: Jul-17-2012
Civil revision petition preferred against the order dated 14.9.2011 passed by the Sub-Court, Neyveli, in E.P.No.67 of 2010 in A.R.No.465 of 2009.ORDER1. Animadverting upon the order dated dated 14.9.2011 passed by the Sub-Court, Neyveli, in E.P.No.67 of 2010 in A.R.No.465 of 2009, this civil revision petition is filed.2. Heard the learned counsel for the revision petitioners, who would echo the cri de couer of his clients, namely, the petitioners six in number, to the effect that they stood as sureties for the principal debtor, namely, R2-R.Sivaji herein. The Executing Court simply ordered attachment of the salaries of the petitioners herein/judgement debtors 2 to 6 and 8, which is against law. Without considering the objections raised by the sureties/judgement debtors, they are made to bear the brunt.3. Perused the records. Admittedly, the revision petitioners/judgement debtors 2 to 6 and 8 herein happened to be the sureties and undoubtedly they are also liable along with R2-R.Sivaji-...
D.Parthasarathy. Vs. M.C.Veeralakshmi
Court: Chennai
Decided on: Jul-17-2012
Civil revision petition preferred seeking a direction to the VIII Small Causes Court, Chennai, to dispose of the R.C.A.No.676 of 2011 within the time frame to be fixed by this Court.ORDER1. The above civil revision petition is filed to direct the VIII Small Causes Court, Chennai, to dispose of the RCA No. 676 of 2011, within the time frame.2. The learned counsel for the respondent/tenant would submit that TOP is pending before the Chief Judge, Court of Small Causes in this regard.3. The learned counsel for the revision petitioners/landlords would submit that the first petitioner is a octogenarian, so to say, 85 years old and hence, he wants to get the matter expedited in view of his age. As such, the following direction is given.The Rent Control Appellate Authority shall do well to see that the matter is disposed of within a period of two months from the date of receipt of a copy of this order. In order to make this order meaningful, the Chief Judge, Court of Small Causes, who is seize...
G.Karthic Kannan. Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Jul-17-2012
The writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Certiorari, to quash the impugned orders of the first respondent vide letter No.26505/LA3(1)/2009-14 dated 03.10.2011 in so far as it relates to the petitioner's lands comprised in S.No.359/2, 369 and 372/1, situated at Chithrauthanpalayam Village, Dharapuram Town and Taluk, Erode district, now Tiruppur district, measuring to an extent of 2.64.0 hectares, 3.53.5 hectares and 2.12.0 hectares respectively with consequential direction to the respondents to exclude and withdraw the above lands from the land acquisition proceedings and transfer the revenue entries including the patta in favour of the petitioner.O R D E R1. The petitioner prays for issuance of a writ in the nature of Certiorari, to quash the order letter No.26505/LA3(1)/2009-14 dated 03.10.2011 with consequential relief of directing the respondents to exclude the above land from land acquisition proceedings...
National Insurance Co. Ltd. Vs. Rajathi and ors.
Court: Chennai
Decided on: Jul-17-2012
PRAYER:- Appeal against the judgment and decree dated 09.03.2006 made in M.C.O.P. No.190 of 2001 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Salem.J U D G M E N T1. The appellant disputes its liability to pay the compensation awarded by the Tribunal.2. For the death of one Ponnuvelu, respondents 1 to 7, who are dependants of the deceased have claimed compensation. Totally, the Tribunal awarded them Rs.3,27,000/-.3. The appellant contended that the registration number of the lorry has not been mentioned in the FIR. The vehicle was not involved in the accident. The manner of accident pleaded is disputed. This case has been probed by the CBCID.4. The learned counsel for the claimants contended that it is a true case of accident. Evidence was adduced. Ultimately, CBCID gave clean chit. It was not challenged by the appellant. No acceptable contra evidence as to the manner of accident has been let in by the appellant.5. On 21.05.2000, at about 6.30 p.m., o...
P.N.George Wilson. Vs. the State Represented and ors.
Court: Chennai
Decided on: Jul-17-2012
PRAYER: Appeal filed under Clause 15 of Letters Patent Act against the order passed by the Learned Single Judge in W.P.No.23719 of 2008 dated 01.11.2011.JUDGMENTM.VENUGOPAL,J.1. Animadverting upon the order dated 01.11.2011 in W.P.No.23719 of 2008 passed by the Learned Single Judge, the Appellant/Petitioner has projected the present Writ Appeal.2. The Learned Single Judge, while passing the order in W.P.No.23719 of 2008 on 01.11.2011 has, among other things, observed that all the orders passed by the Respondents are perfectly legal and valid and the document in question could be charged in stamp duty under Article 58 and treating it as a Settlement Deed. However, the Learned Single Judge on consideration of the facts and circumstances of the case, reduced the penalty imposed to Rs.5/- and consequently, dismissed the Writ Petition without costs.3. The Learned Counsel for the Appellant/Petitioner submits that the Appellant/Petitioner had created a Trust for the purpose of maintenance of ...
G.K.Ravichandran. Vs. the Registrar of Co-operative Societies and ors.
Court: Chennai
Decided on: Jul-17-2012
PRAYER 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 pay the illegality deduction wages 20% from April 2005 to till date with all other attendant benefits and in the light of the petitioner representation dated 19.09.2011.ORDER1. The petitioner is a Clerk employed in the second respondent/Co-operative Bank.2. The grievance of the petitioner is that the wages are determined by way of a settlement under Section 12(3) of the Industrial Disputes Act, 1947. But, he has been paid 20% less than the amount already fixed under 12(3) settlement. Hence, he has filed the present Writ Petition, seeking for a direction to the respondent to pay the illegally deducted wages from April 2005 to till date, in the light of his representation, dated 19.09.2011.3. The second respondent has filed a counter-affidavit refuting the allegations.4. It is stated that while there were 9 approved cadre strength, there...
S.Sekar. Vs. the Divisional Forest Officer.
Court: Chennai
Decided on: Jul-17-2012
Writ Petition filed under under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari to call for the records on the file of the respondent in connection with the order of dismissal from service passed by him in his Proc.Na.Ka.No.1609/2002/Pa dated 30.4.2002 and quash the same.ORDER1. The petitioner while appointed as Social Forestry Worker on being sponsored by Employment Exchange and joined service on 12.5.83. The name of the petitioner was included in the list submitted to the Government for regularisation of services.2. The petitioner, being the President of Tamil Nadu Social Forestry Employees and Forest Plot Watchers Union was fighting for their right on regularisation, and was successful in getting number of workers regularised.3. The submission of the petitioner is that in order to humiliate him for his union activities, a false and frivolous complaint was filed, that he had taken money from the workers, for regularisation of service.4. On th...
Uthama Asirvatha Udaiyar. Vs. the Regional Passport Officer
Court: Chennai
Decided on: Jul-17-2012
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondent to process the application submitted by the petitioner on 23.12.2011, based on the clarification sought by the respondent in its letter, dated 20.04.2012 and based upon the detailed reply from the petitioner dated 25.04.2012, to issue passport to the petitioner within the time frame to be fixed by this Court in order to enable the petitioner to undertake his journey on 28.06.2012.O R D E R1. In this writ petition the petitioner sought for a direction to the respondent / Regional Passport Officer to act upon his representation, dated 23.12.2011 and based upon his clarification sought by the respondent in its letter, dated 20.04.2012 and also based upon the detailed reply sent by the petitioner on 25.04.2012 to issue passport within a time frame fixed by this Court in order to enable the petitioner to undertake his travel on 28.06.2012.2. Whe...
R.ilayarajA. Vs. the Commissioner, and ors.
Court: Chennai
Decided on: Jul-17-2012
PRAYER Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records pertaining to the impugned communication dated 25.02.2011 passed by the 2nd respondent and quash the same as illegal and directing the 3rd respondent to renew petitioner's name in the live register and consequently grant the seniority to the petitioner from 21.12.1990 i.e. the date of registration.ORDER1. The petitioner passed Diploma in Fine Arts and registered his name in the District Employment Office, Salem on 21.12.1990, seeking employment as Drawing Teacher. His registration got transferred from Salem to Thanjavur in 1994. The petitioner periodically renewed his name and he lastly renewed in the month of February 2003.2. While so, the petitioner received an appointment order dated 15.02.2005 from the 4th respondent to the post of Junior Drawing Teacher at Government High School, Kannukudi West, Thanjavur District. However, he could n...
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