Chennai Court August 2012 Judgments
Nataraj Vs. Manikandan and Others
Court: Chennai
Decided on: Aug-31-2012
(Prayer: This Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 4.1.2002 made in MCOP.No.538/2000 by the learned I Additional Subordinate Judge (MACT) Erode.) 1. In spite of service of notice, there is no representation for the 3rd Respondent Insurance Company on 14.8.2012 and hence, the matter was ordered to be posted for passing orders and even today, when the matter is taken up consideration, there is no representation for the 3rd Respondent Insurance Company. Therefore, after hearing the learned counsel for the Appellant and after perusal of the records, this Civil Miscellaneous Appeal is being disposed of by this judgement. 2. This Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 4.1.2002 made in MCOP.No.538/2000 by the learned I Additional Subordinate Judge (MACT) Erode, whereby the Tribunal awarded a sum of Rs.41,500/- as total compensation to the claimant for the injuries sustained by him in the accident that had occurred on 9....
Tag this Judgment!G. Sundarrajan Vs. Union of India, Rep by the Secretary to Govt of Ind ...
Court: Chennai
Decided on: Aug-31-2012
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Declaration, declaring that the clearance granted by the 2nd respondent Atomic Energy Regulatory Board for 'Initial Fuel Loading' [IFL] and 'First Approach to Criticality' [FAC] of Unit 1 of Kudankulam Nuclear Power Project [KK NPP] on August 10, 2012, mentioned in its Press Release No.AERB/ITSD/PRESS/2012/03, dated August 10, 2012 is null and void.) P. JYOTHIMANI, J. 1. The petitioner, who has filed two cases - W.P.Nos.24770 of 2011 and 8262 of 2012 in the earlier batch of Writ Petitions, has filed the present writ petition for a declaration that the clearance granted by the 2nd respondent Atomic Energy Regulatory Board for 'Initial Fuel Loading' [IFL] and 'First Approach to Criticality' [FAC] of Unit 1 of Kudankulam Nuclear Power Project [KKNPP], as stated in the Press Release, is null and void. 2. Heard the learned counsel on either side and perused the entire materials made avail...
Tag this Judgment!Dr. Indiran Nanchil Vs. the President, Dakshina Barath Hindi Prachar S ...
Court: Chennai
Decided on: Aug-31-2012
(Prayer: Miscellaneous Petition filed under Section 5 of the Limitation Act, praying to condone the delay of 154 days in filing the Writ Appeal against the order of a learned single Judge dated 26.4.2010 made in W.P.No.18914 of 2004.) Elipe Dharma Rao, J. 1. The petitioner/appellant herein, a life member of the first respondent Dakshina Bharath Hindi Prachar Sabha and claiming to be the President of 'All India Annai Sonia Tamil Valarchi Peravai' and a Trade Union Leader, has filed W.P.No.18914 of 2004 before this Court praying to issue a Writ of Mandamus, directing the respondents to reconstitute the Dhakshina Bharat Hindi Prachar Sabha as per the Dhakshina Bharath Hindi Prachar Sabha Act, 1964 (Act 14 of 1964). 2. Since the learned single Judge has dismissed the said writ petition, the petitioner therein has come forward to file the present writ appeal. However, since there was a delay of 154 days in filing the appeal, he has also filed M.P.No.1 of 2010, praying to condone the said de...
Tag this Judgment!P. Mani Vs. P. Dayalan and Another
Court: Chennai
Decided on: Aug-31-2012
(Prayer: This Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 16.2.2005 made in MCOP.No.66/2003 by the learned Subordinate Judge (MACT) Tirupattur, Vellore District.) 1. This Civil Miscellaneous Appeal is filed by the injured claimant against the Judgement and Decree dated 16.2.2005 made in MCOP.No.66/2003 by the learned Subordinate Judge (MACT) Tirupattur, Vellore District, whereby the Tribunal awarded a sum of Rs.3,13,000/- as total compensation, but however, held that the claimant was entitled only 50 per cent of the compensation by fixing the contributory negligence on the part of the claimant to an extent of 50 per cent. 2. The appellant challenged the finding of the Tribunal in fixing 50 per cent contributory negligence on him. 3. The facts leading to the filing of this appeal are that on 28.9.2002 at 2.45 p.m. in Tirupattur to Vaniyambadi Highways Road opposite to Don Bosco Higher Secondary School, when the claimant was proceeding in his TVS-50 motorcy...
Tag this Judgment!M/S. Ranka Wires Private Limited, Represented by Its M.D and Another V ...
Court: Chennai
Decided on: Aug-31-2012
(Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of writ of Certiorari, to call for the records comprised in impugned communication No. DII/ICH/Ranka/105/ 2011 dt 12.9.2011 on the file of the 1st respondent quash the same and consequently direct the 1st respondent to ratify the sale of property in respect of Plot No.138 Sipcot Industrial Complex Phase - 1 Hosur Krishnagiri District to and in favour of the 2nd petitioner in pursuance of sale deed dt 20.5.2011 and give No Objection Certificate to the petitioners.) 1. On 20.5.1980, the State Industries Promotion Corporation of Tamil Nadu Limited ("SIPCOT" for short) allotted land measuring 1.66 acres at plot No.138, SIPCOT Industrial Complex, Phase-I, Hosur on lease cum sale basis to the first petitioner. 2. On 12.6.1980, SIPCOT executed lease cum sale deed in favour of the first petitioner, relating to the aforesaid allotment of land. After expiry of 5 years lease period, the first petitioner is ent...
Tag this Judgment!K. Saravanan and Another Vs. M/S. Cosmopolis Properties Pvt. Ltd, Rep ...
Court: Chennai
Decided on: Aug-31-2012
C.R.P (PD) No.2009 of 2012 (Prayer: Civil Revision Petition to strike off the plaint in O.S.No.410 of 2011 on the file of the I Additional District Munsif, Salem. C.R.P (PD) No.2833 of 2012 Civil Revision Petition to set aside the order dated 28.1.2011 passed in I.A.No.1876 of 2010 in O.S.No.862 of 2010 on the file of the I Additional District Munsif, Salem.) COMMON ORDER 1. Defendants 1 and 2 in O.S.No.410 of 2011 on the file of the I Additional District Munsif, Salem are the revision petitioners in C.R.P. PD No.2009 of 2012. Defendants 2 and 3 in O.S.No.862 of 2010 on the file of the I Additional District Munsif, Salem are the revision petitioners in C.R.P. PD No.2833 of 2012. 2. C.R.P. PD No.2009 of 2012 is filed to strike off the plaint in O.S.Nos.410 of 2011 and C.R.P. PD No.2833 of 2012 is filed to set aside the order dated 28.1.2011 passed in I.A.No.1876 of 2010 in O.S.No.862 of 2010 on the file of the I Additional District Munsif, Salem.Respondents 1 and 2 in both the revisions...
Tag this Judgment!Kancheepuram Gandhi Road Javuli Vyabarigal Rep.by Its Secretary P.Shan ...
Court: Chennai
Decided on: Aug-31-2012
(Second Appeal against the judgement and decree dated 9.3.2005 passed by the Subordinate Judge, Kancheepuram, A.S.No.60 of 2002 reversing the judgement and decree dated 20.2.2002 passed by the Principal District Munsif, Kancheepuram, in O.S.No.463 of 1999) This second appeal is focussed by the plaintiff in the suit as against the judgement and decree dated 9.3.2005 passed by the Subordinate Judge, Kancheepuram, in A.S.No60 of 2002 reversing the judgement and decree dated 20.2.2002 passed by the Principal District Munsif, Kancheepuram, in O.S.No.463 of 1999, which was one eviction. 2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court. 3. Compendiously and concisely, the germane facts absolutely necessary for the disposal of this second appeal would run thus: (i) The appellant herein, who happened to be the plaintiff, filed the suit seeking the following relief: "to evict the defendant from the plai...
Tag this Judgment!The National Insurance Company Limited, Chennai Vs. C. Alexander and O ...
Court: Chennai
Decided on: Aug-31-2012
(Prayer: These Civil Miscellaneous Appeals are filed against the Judgment and Decree dated 4.7.2002 made in MCOP.Nos.2616 and 3579/1997 by the learned VI Judge, Small Causes Court (MACT) Chennai.) 1. These Civil Miscellaneous Appeals are filed by the Insurance Company against the Judgment and Decree dated 4.7.2002 made in MCOP.Nos.2616 and 3579/1997 by the learned VI Judge, Small Causes Court (MACT) Chennai, whereby the Tribunal awarded a sum of Rs.68,000/- as total compensation to the claimant in MCOP.No.2616/1997 and Rs.3,75,000/- as total compensation to the claimant in MCOP.No.3579/1997 with interest at 9 per cent p.a. from the date of the claim petition till the date of realization for the injuries suffered by them in the motor accident that had occurred on 11.6.1997. 2. On 11.6.1997, when the Respondents/claimants were proceeding in a motorcycle, it was hit by a van, as a result of which, both the rider/claimant in MCOP.No.2616/1997 and the pillion rider/claimant in MCOP.No.3579/...
Tag this Judgment!M/S. Gem Granites, Rep. by General Manager Vs. the State of Tamil Nadu ...
Court: Chennai
Decided on: Aug-31-2012
(Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Ceritiorarified Mandamus, calling for the records of the 2nd respondent vide its proceedings R.C.No.B/GandM/1013/2007, dated 19.7.2012 and quash the same and consequently direct the 2nd and 3rd respondents to grant transport permit based on the application for transport permit of the petitioner, dated 28.6.2012, expeditiously.) 1. Heard the learned counsel for the petitioner, as well as the learned counsel appearing on behalf of the respondents. 2. It has been stated that the petitioner has been carrying on the business of quarrying dimensional granite blocks and manufacturing of value added products and in exporting the same. The petitioner has been a pioneer in the industry. It has invested considerable resources in developing the quarries and the infrastructure for carrying on the quarrying activities in order to achieve optimum utilization of the available natural resources. 3. It has been...
Tag this Judgment!United India Insurance Company Limited, Salem Vs. P. Saraswathi and Ot ...
Court: Chennai
Decided on: Aug-31-2012
(Prayer: This Civil Miscellaneous Appeal is filed against the Judgment and Decree dated 6.4.2006 made in MCOP.No.190/2002 by the learned Subordinate Judge (MACT) Sankagiri.) 1. This Civil Miscellaneous Appeal is filed by the Insurance Company against the Judgment and Decree dated 6.4.2006 made in MCOP.No.190/2002 by the learned Subordinate Judge (MACT) Sankagiri, whereby the Tribunal awarded a sum of Rs.4,4,000/- as total compensation to the claimant/1st Respondent herein. 2. The facts briefly stated are that the 1st Respondent herein/claimant has filed the above said claim petition claiming a compensation of Rs.5 lakhs for the death of her husband Palanisamy in the motor accident that took place on 16.6.2002 at 8.00 a.m., when he was travelling as a pillion rider in the Scooter bearing Reg.No.TN-28-V-0657, which was driven by one Nandakumar, the 3rd Respondent herein and the said Scooter was insured with the Appellant Insurance Company. The Tribunal, after holding that the accident ha...
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