Chennai Court July 2012 Judgments
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AmalA. Vs. G.Vasantha Kumar
Court: Chennai
Decided on: Jul-12-2012
Civil Revision Petition filed under Article 227 of the Constitution of India to dispose the interim application I.A.No.41 of 2012 in O.P.No.2165 of 2006 at the earliest point of time.ORDER1. This civil revision petition is focussed, seeking early disposal of I.A.No.41 of 2012 in O.P.No.2165 of 2006 pending before the learned III Additional Judge, Family Court, Chennai.2. Heard the learned counsel for the petitioner who would echo the cri de coeur of his client, the petitioner herein, to the effect that O.P.No.2165 of 2006 was filed by his client as against her husband seeking divorce. Consequent upon non appearance of the husband, he was set ex parte and before the ex parte decree was passed, he filed I.A.No.42 of 2011 to get the ex parte order set aside and as such, the entire proceedings are pending ever since 2006, which is against the mandates as contemplated in the Hindu Marriage Act. He would also submit that maintenance case was filed invoking Section 125 of C.P.C. to obtain mai...
S.V.S.Educational and Social Service Trust. Vs. the Secretary, and ors ...
Court: Chennai
Decided on: Jul-12-2012
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 22.3.2012 based on the representation to direct the first respondent to issue direction to the second respondent to conduct re-inspection so as to find out whether the petitioner complied the minimum requirements as contemplated under section 12 and regulations issued as per the Homeopathy Central Council Act, 1973 and on compliance of the requisites to issue permission to the petitioner to run the institution.ORDER1. The petitioner Trust is running a college in the name of S.V.S.Medical College of Yoga and Naturopathy and Research Institute at Bhangaram, Salem District. The college is offering 5-1/2 years course in Bachelor of Naturopathy and Yogic Sciences which is the medical degree course with one year compulsory rotator internship. In this writ petition, they sought for a direction to the firs...
R.Mani. Vs. Selvi and ors.
Court: Chennai
Decided on: Jul-12-2012
Prayer in Crl.R.C.No.684 of 2011:-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., to set-aside the judgment dated 06.04.2011 in M.C.No.14 of 2010 on the file of learned Judicial Magistrate-II, Attur, Salem District.Prayer in Crl.R.C.No.1489 of 2011:-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., to set-aside the judgment dated 06.04.2011 passed in M.C.No.14 of 2010 on the file of Judicial Magistrate-II, (Special Judicial Magistrate for Sandal Wood Cases), Attur, Salem District and enhance the maintenance.COMMON ORDER1. The respondents herein (Crl.R.C.No.684 of 2011) had filed a maintenance case in M.C.No.14 of 2010, on the file of Judicial Magistrate-II, Attur, Salem District against the revision petitioner herein / husband stating that the first respondent / wife had married the revision petitioner herein on 23.06.1993, at Puliankurichi Villagge, Attur Taluk, at the residence of the father of the first respondent. At the time of marriage, 15 sovereig...
Amudhasurabi Educational and Charitable Trust. Vs. the All India Counc ...
Court: Chennai
Decided on: Jul-12-2012
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 impugned order of the first respondent All India Council for Technical Education dated 16.05.2012 rejecting the petitioner's application for approval to establish the college, quash the same, and further direct the first respondent to give approval forthwith to the petitioner college from the academic year 2012-2013.O R D E R1. The writ petition is filed by the Educational Trust seeking to challenge an order dated 16.05.2012 rejecting their application for approval to establish a college and after setting aside the same seeks for a direction to the first respondent viz., All India Council for Technical Education ("AICTE" for short) to give approval forthwith to establish the College to function from the academic year 2012 - 2013. 2. When the matter came up on 19.06.2012, this Court directed the learned Standing Council for AICTE ...
Gunasekaran. Vs. M.P.Thangavel
Court: Chennai
Decided on: Jul-12-2012
Prayer: Criminal Appeal filed under Section 378 of Cr.P.C., against the judgment of acquittal dated 10.09.2004, made in C.C.No.808 of 2002 on the file of the Judicial Magistrate's Court, Tiruchengode.J U D G M E N T1. The criminal appeal arises out of the judgment of acquittal dated 10.09.2004, made in C.C.No.808 of 2002, on the file of the Judicial Magistrate's Court, Thiruchengode.2. The appellant as a complainant preferred a private complaint under Section 138 of Negotiable Instruments Act, stating that the respondent/accused borrowed a sum of Rs.5,00,000/- for his business purpose on 23.04.2002 and issued Ex.P1 cheque of Chithode Farmer's Service Co-operative Society Ltd., bearing No.11754, dated 23.04.2002 for Rs.5,00,000/-. When the above cheque has been presented for encashment before the Indian Overseas Bank on 20.06.2002, it was returned as 'insufficient funds' on 25.06.2002. Challan and counter foil of Indian Overseas Bank was marked as Ex.P2 and the return memo was marked as...
The Chairman R.V.S.Medical Trust. Vs. the Union of India and ors.
Court: Chennai
Decided on: Jul-12-2012
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 impugned order issued by the 1st respondent herein in F.No. R-14014/04/2011-EP(H) dated 17.4.2012 refusing permission to the petitioner to start 7 Post Graduate Courses in Homeopathy quash the same and further direct the 1st respondent to give permission forthwith to start the Post Graduate Courses in Homeopathy in the petitioners college from the academic year 2012-2013 onwards.O R D E R1. The petitioner Trust, which is an educational agency running RVS Homeopathic Medical College at Sulur, Coimbatore, has filed the present writ petition seeking to challenge an order of the first respondent viz., Union of India issued through Ministry of Health and Family Welfare, Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH) dated 17.04.2012. By the impugned order, the request of the petitioner Trust to start new...
T.R.Dasappan. Vs. P.R.Rajagopalan
Court: Chennai
Decided on: Jul-12-2012
Prayer :-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., to call for the records in judgment dated 29.09.2005 made in C.A.No.252 of 2004, on the file of Fast Track Court-II, Additional District Sessions Court, Chennai, confirming the judgment of conviction dated 14.06.2004 made in C.C.No.4988 of 2001, on the file of XVII Metropolitan Magistrate Court, Saidapet, Chennai and set-aside the same.ORDER1. The revision petitioner herein / accused had borrowed a sum of Rs.16,00,000/- as loan from the respondent herein / complainant agreeing to repay the same on monthly installment basis. The accused had also issued a pronote for the said amount. In order to discharge the said loan amount, the accused had issued a cheque for a sum of Rs.7,00,000/-, dated 16.03.2001, and the said cheque was presented by the complainant with his bankers viz., State Bank of India, West Mambalam, the same was returned unpaid. Hence, the complainant had filed the above case against the accused under...
M.Kalaiselvi. Vs. the Inspector of Panchayat and ors.
Court: Chennai
Decided on: Jul-12-2012
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records of the order passed by the first respondent in order dated 28.06.2012 in reference No.Na.Ka.2731/2012/A2 and quash the same.O R D E R1. This Writ Petition is filed praying to issue a Writ of Certiorari, to call for the records of the order passed by the first respondent in order dated 28.06.2012 in reference No.Na.Ka.2731/2012/A2 and quash the same.2. Despite the advocates boycott of the Court, Mr.M.Dhandapani, learned counsel appears for the petitioner. Ms.V.M.Velumani, learned Government Advocate appears for the respondents.3. Petitioner is a 25 year old lady. She has studied upto 8th standard. In view of the policy of the Government to give proportionate and effective representation to women and to encourage them in participation of panchayat administration, the panchayat in question was reserved for women. The petitioner contested in the election to t...
N.Saravanapavan. Vs. the Chief Immigration Officer and ors.
Court: Chennai
Decided on: Jul-12-2012
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 respondents to remove the entries made in the records and computers of Chennai Airport and the High Commission of India in Sri Lanka reflecting the Lokj Out Circular prohibiting the smooth departure, arrival of the petitioner at Chennai Airport and thereby enabling him to have the departure and arrival renewal of visa like the other regular passenger without any obstruction whatsoever.ORDER1. The petitioner in this writ petition seeks for a direction to respondents to remove the entries made in the records and computers of Chennai Airport and the High Commission of India in Sri Lanka reflecting the Look Out Circular prohibiting the smooth departure, arrival of the petitioner at the Chennai Airport, thereby enabling him to have the departure and arrival renewal of visa like the other regular passenger without any obstruction whatsoever.2. When the matt...
M.KanthA. Vs. P.Valmurthy
Court: Chennai
Decided on: Jul-12-2012
Prayer: Review Petition is filed against the Judgment and decree dated 14.03.2011 passed in Appeal Suit in A.S.No.493 of 2008.O R D E R1. This review petition is filed by the respondent in A.S.No.493 of 2008, who lost the legal battle, both in the trial Court and in the first Appellate Court.2. The respondent herein filed a suit for specific performance on the basis of the sale agreement executed by the review petitioner. Since the review petitioner has not performed his contract, the respondent herein filed a suit for specific performance in O.S.No.428 of 2004, before Principal District Court, Chengalpet, which was renumbered as O.S.No.7 of 2007 on the file of the Principal District Court, Thiruvallur. After contesting, the suit for decree of specific performance has been passed and the review petitioner herein was directed to execute the registered sale deed in favour of the plaintiff/respondent herein for a total consideration of Rs.14,85,000/- within three months from the date of d...
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