Chennai Court July 2012 Judgments
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L.P.Subramanian. Vs. S.K.Ranganathan
Court: Chennai
Decided on: Jul-10-2012
Prayer: Criminal Appeal filed under Section 378 of Cr.P.C., against the order dated 16.12.2010, made in C.C.No.3228 of 2005 on the file of the XI Metropolitan Magistrate, Saidapet, Chennai.J U D G M E N T1. The criminal appeal arises out of the judgment of acquittal dated 16.12.2010 made in C.C.No.3228 of 2005 on the file of the XI Metropolitan Magistrate, Saidapet, Chennai.2. Learned counsel for the appellant would submit that the appellant herein as a complainant preferred a private complaint against the respondent/accused under Sections 405, 409 and 420 IPC, which was taken on file on 13.04.2005. In the trial Court, almost 70 hearings were over and the complainant was present in 55 hearings and chief-examination of P.W.1 and P.W.2 has also been completed. On the particular hearing date (i.e.) on 16.12.2010, complainant/appellant herein was not present. Therefore, the learned Magistrate invoking Section 256 Cr.P.C. dismissed the complaint and acquitted the accused/respondent. He furt...
C.Vasudevan. Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Jul-10-2012
Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned orders passed by the third respondent in his proceedings dated 12.07.2010, quash the same and consequently direct the third respondent to extend the Loan Waiver Scheme allowed in G.O.(Rt) No.70, Cooperation Food and Consumer Protection Department, dated 13.05.2006 to the petitioners in respect of loan obtained from the third respondent society and to issue Loan Clearance Certificate.COMMON ORDER1. Heard Mr.R.Krishnamoorthy, learned counsel appearing for the petitioners, Mrs.Rajalakshmi, learned Government Advocate (Coop) appearing for the Respondents 1 and 2 and Mr.Mathivanan for Mrs.Muthumani Doraisami, learned counsel appearing for the third Respondent.2. The petitioners are the members of the third Respondent Primary Agricultural Cooperative Credit Society registered under the Tamil Nadu Coo...
E. Manoharan. Vs. Chief Executive Officer and ors.
Court: Chennai
Decided on: Jul-10-2012
Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the impugned sealing order in Letter No.MEC/A2/1783/2012, dated 20.02.2012 issued by the first respondent and quash the same.O R D E R1. The petitioner, being aggrieved by the order, issued vide Letter No.MEC/A2/1783/2012, dated 20.02.2012, passed by the first respondent, directing sealing of his shop, has invoked the extraordinary equitable jurisdiction of this Court under Article 226 of the Constitution of India.2. The facts leading to filing of this writ petition are:i)that Chennai Metropolitan Development Authority (CMDA) has constructed Koyambedu whole sale market complex, Koyambedu for dealing with perishable goods and also developed the complex for flower, fruits and vegetable market.ii)that the market is regulated by the Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996 (hereinafter referred to as the 'Act').iii)th...
S.Gurusamy Reddiar. Vs. R.Purushothama Reddiar
Court: Chennai
Decided on: Jul-10-2012
Second Appeals filed under Section 100 CPC as against the common judgment and decree, dated 20.09.2005, passed by the Principal District Court, Cuddalore, in A.S. Nos.6 and 7 of 2005, confirming the judgment and decree, dated 29.09.2004, of the Subordinate Judge, Panruti, in O.S. Nos.94 and 132 of 1999.COMMON JUDGMENT1. The present Second Appeals have been filed by the appellants/plaintiffs, questioning the correctness of the Judgment and decree, dated 20.09.2005, passed by the Principal District Judge, Cuddalore, in A.S. Nos.6 and 7 of 2005, whereby, the judgment and decree passed by the Subordinate Judge, Panrutti, in O.S. Nos.94 and 132 of 1999 on 29.09.2004, dismissing the individual suits filed by the plaintiffs claiming compensation/damages from the defendant on the ground of defamation, came to be confirmed.2. For better understanding and appreciation of the case and cause, the factual background in which the lis was initiated by the unsuccessful plaintiffs is necessarily to be ...
V. Jayapaul. Vs. the Government of Tamil Nadu and ors.
Court: Chennai
Decided on: Jul-10-2012
Writ Petition filed under under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus to call for the records and to pass an order setting aside the order of the Commissioner, Municipal Administration vide Order No.Mu.Mu.69339/98/F3 dated 25.10.2000 insofar as the petitioner is concerned with consequential direction to fill up the vacancies for the post of Assistant Engineer in Tamil Nadu Municipal Engineering Service by providing opportunity to the petitioner as a person possessing B.E. Qualification to compete with the others through Selection Committee.COMMON ORDER1. This judgement shall dispose of the following writ petitions, viz.,Sl. No. Case No.Name of the Petitioners1 W.P.No.48532 of 2005 V. Jayapaul2 W.P.No.48533 of 2006 J. Sriramachandranas common question of law and facts are involved in these two writ petitions. However, for the sake of brevity, the facts are being taken from W.P.No.48532 of 2005.2. The petitioner was appoint...
S.Pauline Jannet. Vs. the Government of Tamil Nadu
Court: Chennai
Decided on: Jul-10-2012
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from in any manner demolishing any portion or front mother wall of the property bearing Door No.85-A, Railway Station Road, Alandur, Chennai-600 016, abutting Railway Station Road, under the guise and colour of the Notification under Section 4(1) of the Land Acquisition Act in G.O.Ms.No.147 Planning Development and Special Initiatives Department dated 20.11.2009 and the Declaration under Section 6 of Special Initiatives Department dated 23.12.2009.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, forbearing the respondents from in any manner demolishing any portion or front mother wall of the property bearing Door No.85-A, Railway Station Road, Alandur, Chennai-600 016, abutting Railway Station Road, under the guise and colour of the Notification under Section 4(1) of the Land Acquisition Act in G.O.Ms.No.147 Planning Developme...
K.Somasundaram. Vs. Arumugam and ors.
Court: Chennai
Decided on: Jul-10-2012
Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 against the fair and decreetal order of the Principal Subordinate Judge Court (Rent Control Appellate Authority) at Erode, dated 11.08.2010 in RCA No.13 of 2007 confirming the fair and decreetal order of the Principal District Munsif (Rent Controller) at Erode, dated 08.08.2007 in RCOP No.11 of 2006.ORDER1. Animadverting upon the order dated 11.08.2010 passed in RCA No.13 of 2007, by the learned Principal Subordinate Judge (Rent Control Appellate Authority) at Erode, confirming the fair and decreetal order of the Principal District Munsif (Rent Controller) at Erode, dated 08.08.2007 in RCOP No.11 of 2006, this civil revision petition is focussed.2. The parties are referred to hereunder according to their litigative status and ranking in the RCOP.3. A summation and summarisation of the germane facts absolutely necessary for the disposal of this revision would run thus:(a) The or...
T.Subramani. Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Jul-10-2012
Second Appeal filed under Section 100 CPC. as against the judgment and decree, dated 01.03.2005, passed by the Additional District Judge, Fast Track Court No.V, Chennai, in A.S.No.158 of 2003, reversing the judgment and decree, dated 11.10.2002, passed in O.S.No.7303 of 1996, by the II Assistant City Civil Judge, Chennai.J U D G M E N T1. The present second appeal has been filed by the plaintiff/appellant herein as against the judgment and decree passed by the learned first appellate Court in A.S.No.158 of 2003, dated 01.03.2005, whereby the judgment and decree passed by the learned trail Court in O.S.No.7303 of 1996, dated 11.10.2002, was reversed.2. Brief facts leading to the filing of the second appeal are given as under:-The suit was filed for having suffered a wrongful order of detention, ordering his detention as a goonda for one year in the Central Prison, Vellore on 19.10.1986 at Madras. Subsequently, when the order of detention was quashed by this Court in W.P.No.12087 of 1986...
Hindu Educational Society. Vs. a Union Territory of Pondicherry
Court: Chennai
Decided on: Jul-10-2012
Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to consider and pass orders on the application preferred by the petitioner dated 27.12.2006 requesting him to grant permission to start new educational institution imparting A.M.I.E.-I course in the Union Territory of Pondicherry within the time frame that may be stipulated by this Court.O R D E R1. Ms.A.S.Bharathi, the learned counsel, takes notice for the respondents.2. The learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the second respondent is directed to dispose of the application, dated 27.12.2006, on merits and in accordance with law, within a specified period.3. The learned counsel appearing on behalf of the respondents, has no objection for such an order being passed by this Court. 4. In view of the submissions made by the learned counsels appearing on either side, the secon...
Mr.N.Manokaran. Vs. Ms.Ubc, Rep. by Its Managing Partner
Court: Chennai
Decided on: Jul-10-2012
Prayer :-Criminal Appeal is filed under Section 378 of Crl.P.C., to set-aside the order of acquittal dated 05.03.2007 made in C.C.No.388 of 2002 on the file of the Judicial Magistrate-II, Erode.ORDER1. The history of the case is as follows:-The appellant herein / complainant had filed a case in C.C.No.388 of 2002, on the file of the Judicial Magistrate-II, Erode, against the respondents / accused. The first accused, viz., M/s.UBC, is a partnership firm, in which the second accused viz., Mr.K.N.Unnikrishnan is the Managing Partner, the third accused, viz., Mrs.U.K.Radhamaniammal is the partner and Mrs.Sindhu Unnikrishnan is also the partner. The complainant states that he and the accused are doing textile business. The accused used to purchase lunghis from the complainant on credit basis. In the course of the business transaction, the accused had to pay a sum of Rs.19,92,952/- to the complainant. The complainant and the accused had negotiated for settlement of said amount and had finall...
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