Chennai Court July 2012 Judgments
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Natchathira Kannan Vs. Navaneetham
Court: Chennai
Decided on: Jul-04-2012
Prayer :-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., to set-aside the order dated 19.01.2010 made in M.C.No.53 of 2008, on the file of Chief Judicial Magistrate, Vellore.ORDER1. The revision petitioner herein / husband has preferred the present revision in Crl.R.C.No.239 of 2010 against the order made in M.C.No.53 of 2008, on the file of Chief Judicial Magistrate, Vellore.2. The respondents / wife and minor daughter / petitioners 1 to 2 case is as follows:-The petitioner No.1 is the legally wedded wife of the respondent herein and the marriage between the petitioner and the respondent took place on 12.02.1984 at Vandranthangal Village according to Hindu Rites and Customs. The first petitioner submits that after the marriage, the petitioner and the respondent lived as husband and wife at Vandranthangal Village in a separate portion allotted to them by the respondent's parents. At that time, the respondent worked in military and the first petitioner and respondent li...
M.R.BadrinarayanA. Vs. the Commissioner
Court: Chennai
Decided on: Jul-04-2012
PRAYER: Petition filed under Article 226 of the Constitution of India praying for an issuance of a Writ of Mandamus directing the respondents to restore possession by removing the lock and seal of the flat bearing Door No.13-C, measuring an extent of 852 sq.ft. First Floor, Block No.13, New Door No.AH-15/105, Shanti Colony, 4th Avenue, Anna Nagar, Chennai 600 040 to the Petitioner.ORDERM.VENUGOPAL,J.1. The Petitioner has projected the present Writ of Mandamus seeking to issue a Writ of Mandamus directing the Respondents to restore possession of the flat bearing Door No.13-C, Block No.13, New Door No.AH-15/105, Shanti Colony, 4th Avenue, Anna Nagar, Chennai 600 040.2. According to the Petitioner, the 3rd Respondent is the owner of Flat No.13-C, First Floor, Block No.13, New Door No.AH-15/105, Shanti Colony, Anna Nagar, Chennai 40 as per the Sale Deed dated 09.03.2000 (registered as Document No.688 of 2000 on the file of SRO, Anna Nagar).3. The Petitioner is a Tenant under th...
Anand Alias John Anand. Vs. State Rep. by Inspector of Police
Court: Chennai
Decided on: Jul-04-2012
Prayer: Criminal Appeal filed under Section 374 of Cr.P.C., against the judgment of conviction and sentence dated 19.10.2004, made in S.C.No.535 of 2004 on the file of the Additional District and Sessions Court, Fast Track Court No.III, Chennai.J U D G M E N T1. The criminal appeal arises out of the judgment of conviction and sentence dated 19.10.2004, made in S.C.No.535 of 2004 on the file of the Additional District and Sessions Court, Fast Track Court No.III, Chennai, whereby the accused was convicted for the offence under Section 306 IPC and sentenced to undergo six years rigorous imprisonment and imposed a fine of Rs.10,000/- in default in payment to undergo six months rigorous imprisonment.2. The respondent has filed a charge sheet against the accused/appellant stating that the deceased Malarvizhi had conducted Diwali chit and she gave the chit amount to the accused, which was collected by way of chits. On 3.11.2002, when Malarvizhi asked the accused to hand over the chit amount, ...
Sivakumar. Vs. Balasubramaniam
Court: Chennai
Decided on: Jul-04-2012
Civil Revision Petition under Article 227 of the Constitution of India against the order of the Subordinate Judge's Court at Sankari dated 23.09.2011 in I.A. No: 537 of 2011 in O.S. No: 33 of 2006.O R D E R1. This Civil Revision Petition has been filed against the order of the learned Subordinate Judge at Sankari made in I.A. No: 537 of 2011 in O.S. No: 33 of 2006 dated 23.09.2011.2. The revision petitioners are the defendants in the suit for declaration and permanent injunction. The suit is filed for a decree in favour of the plaintiff in cancelling the partition deed dated 27.02.2006 entered into between the plaintiff and the defendants as void, inoperative and does not divest the absolute title of the plaintiff in the suit properties and for a permanent injunction against the defendants from trespassing into the suit properties and causing interference to plaintiff's peaceful possession and enjoyment of the same and further relief of permanent injunction restraining the defendants f...
D.Utthama Singh Vs. Sridhar
Court: Chennai
Decided on: Jul-04-2012
Prayer :-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., to set-aside the order of dismissal dated 02.09.2002 made in C.C.No.161 of 2000, on the file of the Judicial Magistrate-II, Coimbatore.ORDER1. The revision petitioner herein / complainant has preferred the revision in Crl.R.C.No.272 of 2012 against the order made in C.C.No.161 of 2000, on the file of the Judicial Magistrate-II, Coimbatore, dismissing the complaint made in C.C.No.161 of 2000 for non-prosecution.2. The complainant's case is as follows:-On 17.05.1998, the accused has borrowed a sum of Rs.2,00,000/- from the complainant and had executed a pronote in favour of complainant agreeing to pay the said loan with interest at the rate of 24% per annum. To discharge a part amount of the said loan, the accused issued cheques dated 3.02.2000 bearing Nos.0013504 and 0013505, for an amount of Rs.1,00,000/- and Rs.1,05,000/- respectively. The complainant presented the said cheques for collection through his bankers...
P.M.L.Kalyanasundaram. Vs. State Rep. by Inspector of Police
Court: Chennai
Decided on: Jul-04-2012
Prayer:-Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to quash the Criminal Case in C.C.No. 32 of 2012 on the file of the Judicial Magistrate No.I, at Tindivanam, insofar as the petitioner/accused No.1 is concerned.ORDER1. The petitioner was, formerly, the Minister for Education and Tourism, in the Union Territory of Puducherry. He is the first accused in C.C.No. 32 of 2012 on the file of the learned Judicial Magistrate-I, Tindivanam in Tamil Nadu. Altogether, there are three accused in the case. The learned Magistrate has taken cognizance of offences punishable under Sections 465, 468, 471, 419 r/w. 120-B IPC. Seeking to quash the said proceedings, the petitioner has come up with this petition.2. The case of the prosecution in brief is as follows:-(i) The petitioner was formerly a Minister in the Union Territory of Puducherry, during the period between June, 2012 and November, 2012. One Adhavan, viz., the second accused in this case, was...
N.NameethA. Vs. the Pondicherry University and ors.
Court: Chennai
Decided on: Jul-04-2012
W.P.Nos.13768, 13769 and 13770 of 2012W.P.No.12986 of 2012 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 letter No.PU/CE/E5/MBBS/2012, dated 09.04.2012 on the file of the second respondent and quash the same and consequently, to direct the respondents 1,2 and 3 to permit her to write the theory examinations in (i)the Community medicine, (ii)Ophthalmology, (iii)OTO-Rhino-Laryngology, (iv)the General Medicine, (v)General surgery, (vi)Obstetrics and Gynaecology and (vii)Pediatrics subjects and also attend the practical examinations in those subjects to be conducted by it by issuing applications, receiving the filled in applications and issuing hall tickets to her therefor and complete the M.B.B.S. Course.W.P.No.12987 of 2012 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 ...
S.Chandrasekar Vs. the Superintendent of Police
Court: Chennai
Decided on: Jul-04-2012
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 of the respondent in connection with the impugned order passed in RC No.J2/PR 122/01 rule 3(a) dt 25.10.01 and quash the same.O R D E R1. The petitioner was appointed as Grade-II Police Constable in the Armed Reserve at Coimbatore District on 17.11.1988, and thereafter transferred to Taluk Police in the year 1999. The petitioner was promoted as Grade-I PC in June 2001. He is recipient of 25 rewards.2. While the petitioner was serving as Grade-I PC at Negamam Police Station during June 2001, the opposition called for a bandh, to condemn the arrest of the former Chief Minister on 29.06.2001. The petitioner was on bandobust duty along with the Inspector in the previous night, therefore, being tired, was taking rest at the Negamam Police Station.3. The Superintendent of Police visited the Police Station and found the petitioner and other Police officia...
V.K.Rajeswari. Vs. Uco Bank and ors.
Court: Chennai
Decided on: Jul-04-2012
Civil revision petition preferred against the order dated 9.2.2011 passed by the II Assistant Judge, City Civil Court, Chennai in I.A.No.3602 of 2010.ORDER1. Animadverting upon the order dated 9 9.2.2011 passed by the II Assistant Judge, City Civil Court, Chennai in I.A.No.3602 of 2010, this civil revision petition is filed.2. Compendiously and concisely, the germane facts absolutely necessary for the disposal of this revision petition in a few broad strokes can be encapsulated thus:(i) The respondent bank herein filed the suit O.S.No.1349 of 2005 with the following payer"to grant a judgement and decreei. directing the defendants 1 and 2 to pay a sum of Rs.9,79,215/- (Rupees nine lakhs seventy nine thousand two hundred and fifteen only) being principal and interest at rate of the 14.5% from the date of this plaint till the date of payment with quarterly rests; in defaultii. Direct the sale of the immovable property under equitable mortgage to the plaintiff morefully described in the sc...
P.Saravanan. Vs. Union of India and ors.
Court: Chennai
Decided on: Jul-04-2012
This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of quo warranto questioning under what authority the fifth respondent is holding the office of the Law Secretary to Government Puducherry.ORDER1. This writ petition is filed by the petitioner, who is a resident of Thilashpet, Puducherry and also the General Secretary of the Puducherry Makkal Vizhipunarchi Eyakkam, seeking writ in the nature of quo warranto questioning the authority under which the fifth respondent is functioning as the Law Secretary to the Government of Puducherry.2. It is the case of the petitioner that by G.O.Ms.No.49, Department of Personnel and Administrative Reforms, dated 09.05.2012, the fifth respondent who was functioning as the Deputy Secretary to the Government (Law) was appointed as the Law Secretary to the Government, Puducherry. Since he has been given the scale of pay with grade pay, it should be taken as a regular promotion. When the fifth respo...
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