Chennai Court August 2012 Judgments
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J. Sahaya Kalaiarasi W/O. Edwinson Vs. the Superintendent, Central Pri ...
Court: Chennai Madurai
Decided on: Aug-14-2012
(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the first respondent to grant emergency leave for a period of six weeks to the petitioner's husband by name Edwinwon, S/o.Nicholas, who is being confined at Central Prison, Palayamkottai, Tirunelveli Dsitrict as a life convict pursuant to the judgment passed by the learned II Additional Sessions Judge, Tirunelveli in S.C.No.209 of 1996 vide his judgment dated 22.03.2002.) ORDER 1. The petitioner is the wife of one Edwinson S/o.Nicholas, who is a life convict and lodged in Central Prison, Palayamkottai. The petitioner's husband was convicted and sentenced by the II Additional Sessions Court, Tirunelveli vide judgment dated 22.03.2002 in S.C.No.209 of 1996. Subsequently, he has filed an appeal before this Court in C.A.No.519 of 2012. By virtue of grant of bail in CMP.No.4832 of 2004 in C.A.No.519 of 2002, he was enlarged on bail. However, the said appeal was dis...
K. Duraisamy (Deceased) and Others Vs. K. Govindarajulu and Another
Court: Chennai
Decided on: Aug-14-2012
(Prayer: Appeal against the fair and decreetal order dated 22.09.2006 passed in I.A.No.1356 of 2004 in O.S.No.539 of 1999 on the file of the Court of the Additional District Judge, Coimbatore.) JUDGMENT This appeal is focussed as against the fair and decreetal order dated 22.09.2006 passed in I.A.No.1356 of 2004 in O.S.No.539 of 1999 on the file of the Court of the Additional District Judge, Coimbatore. 2. A summation and summarisation of the germane facts absolutely necessary for the disposal of this appeal would run thus: The first respondent/Govindarajulu, the plaintiff herein filed the suit for partition as against the deceased Duraisamy, the original appellant herein and Ranganayaki/D2 herein. A preliminary decree was passed allotting shares to the effect that the plaintiff and D1/Duraisamy should take four shares each and Ranganayaki should take one share, out of the total nine shares of the suit properties comprised of three schedules, A, B and C. As against the preliminary dec...
T. Vijayarajan Vs. the Director General of Police, Directorate General ...
Court: Chennai
Decided on: Aug-14-2012
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for the records of the fourth respondent in No.T.IX.3/2012.EC.1 dated 02.06.2012 and quash the same and consequently, direct the respondents to retain the petitioner at D/2 Signal Bn at Avadi, Chennai without issuing any order of transfer.) 1. The petitioner is working as an Assistant Sub Inspector of Police (Radio Operator), in Central Reserve Police Force (CRPF). Presently, the petitioner is attached to D/2, Signal Battalion, CRPF, Avadi, Chennai. BY means of the transfer order dated 25.05.2012, the respondents have transferred the petitioner to 4 Signal Battalion in Assam. The petitioner has made a request to the respondents retain him in the very same Station on compassionate ground. By impugned order dated 02.06.2012, the same was rejected by the fourth respondent. Challenging the same, the petitioner is before this Court with this petit...
The Commissioner of Customs, Custom House, TuticorIn and Another Vs. M ...
Court: Chennai Madurai
Decided on: Aug-14-2012
(Prayer: Writ Appeal under Clause 15 of Letters Patent Act, against the order passed by this Court in M.P.(MD)No.2 of 2012 in W.P.(MD)No.6961 of 2012 dated 19.06.2012.) (P.P.S.JANARTHANA RAJA, J.) 1. The writ appeal is filed against the order passed by the learned single Judge of this Court in M.P.(MD)No.2 of 2012 in W.P.(MD)No.6961 of 2012 dated 19.06.2012. 2. The respondent herein is the proprietor of M/s.Empire Exports, West Bengal and is engaged in the import and export of spices, betel-nuts and condiments for the past 15 years. For the purpose of conduct of the business, the respondent herein has been allotted Import and Export Code by the Office of the JDGFT, Kolkata in No.0296007328. The respondent imported 53,592 Kgs of split betel-nuts with declared CandF value of Rs.8,42,198.28 and 36,480 Kgs of whole betel-nuts with declared CandF value of Rs.5,73,282.20 from Bangladesh. The supplier of the goods was one M/s.Tara Export Corporation, Mongla, Bangladesh. The goods were invoice...
S. Thangavel and Another Vs. Dr. P. Shanmugam
Court: Chennai
Decided on: Aug-14-2012
(Prayer: Petition filed under Section 482 of Cr.P.C., against the order passed by the learned Addl. District and Sessions Judge, Fast Track Court No.I, Salem in CRP.No.3/2011 dated 24.03.2011 confirming the order in CMP.No.7508/2010 in C.C.No.71 of 2007 dated 07.12.2010 passed by the learned Judicial Magistrate No.I, Salem and to set aside the same.) 1. The petitioners have come forward with this Criminal Original Petition to set aside the order passed by the learned Addl. District and Sessions Judge, Fast Track Court No.I, Salem in CRP.No.3/2011 dated 24.03.2011 confirming the order in CMP.No.7508/2010 in C.C.No.71 of 2007 dated 07.12.2010 passed by the learned Judicial Magistrate No.I, Salem. 2. Petitioners are the accused in C.C.No.71 of 2007 on the file of the Judicial Magistrate No.I, Salem under Section 138 and 142 of Negotiable Instruments Act. During the trial the respondent in his cross examination had deposed that the cheque transaction amount of Rs.10,00,000/- is subject to ...
Mahender Goyal Vs. M/S. Kadamba International, Represented by Its Prop ...
Court: Chennai
Decided on: Aug-14-2012
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., seeking to call for the records in S.T.C. No.670 of 2011 on the file of the learned Judicial Magistrate, No.II, Erode and quash the same.) 1. The petitioner is the accused in S.T.C. No.670 of 2011 on the file of the learned Judicial Magistrate No.II, Erode. This case has been initiated on a private complaint by the respondent alleging that the petitioner has committed an offence punishable under Section 138 of the Negotiable Instruments Act. Seeking to quash the same, the petitioner has approached this Court under Section 482 of Cr.P.C. with this criminal original petition. 2. The facts of the case would be as follows: (i) The complainant is doing textile business in Karungalpalayam, Erode District. On 10.07.2010, the accused purchased textiles from the complainant on credit as per Invoice No.7 for a sum of Rs.1,47,262/-. In discharge of the sale consideration, the accused issued a post dated cheque dated 10.09.2010 d...
Union of India by Its General Manager, Southern Railway, Chennai Vs. R ...
Court: Chennai
Decided on: Aug-14-2012
(Prayer: This Civil Miscellaneous Appeal is filed against the order dated 28.05.2008 made in OA.No.21/2005 by the Railway Claims Tribunal, Chennai Bench.) 1. This Civil Miscellaneous Appeal is filed against the order dated 28.05.2008 made in OA.No.21/2005 by the Railway Claims Tribunal, Chennai Bench, whereby the Tribunal awarded a sum of Rs.4,00,000/- as compensation to the claimants. 2. The claimants, who are the parents of the deceased Nagaraj, filed the above said claim petition before the Tribunal claiming compensation for the death of their son. It was pleaded that on 26.4.2007 prior to 1630 hours between Kadambathur and Chenji Panapakkam Railway Station at KM-47/26-27, the deceased travelled in an electric train and fell down from the running train due to jolt and jerk and sustained injuries and died on spot and the same was informed to the Railway Police, Rakkonam and thereafter, postmortem was conducted and the body was burried after observing formalities by the Railway Police...
S. Kalaivanan Vs. the Registrar of Co-operative Societies Poonthamalli ...
Court: Chennai Madurai
Decided on: Aug-14-2012
(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of certiorarified mandamus to call for the records of the respondent leading to his letter in Na.Ka.No.109876/10/Sapa 1 dated 19/4/2011 quash the same and direct the respondent to take on file the revision petition, submitted y the petitioner and consider the petition on merits.) ORDER The petitioner has approached this Court with a prayer for the issuance of a writ in the nature of certiorari to quash the order passed by the Registrar Co-operative Societies in refusing to entertain the revision filed by the petitioner under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983. 2. The petitioner was appointed at A.2253 Madurai Southern Railway Staff Co-operative Stores Ltd., Madurai 16 as a Packer on daily wage basis on 1/3/2000. The services of the petitioner was confirmed as per the settlement entered into under Section 12 (3) of the Industrial Disputes Act, 1947 on 15/3/...
P. Pushpavalli and Another Vs. the Deputy Commercial Officer Pondicher ...
Court: Chennai
Decided on: Aug-14-2012
(Prayer:Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Ref.No.GD.No.37/2012-13 dated 4.8.2012, passed by first respondent and quash the same and further direct the respondents to release the vehicle in vehicle No.TN28 AA 5296 from all the liabilities.) 1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing on behalf of the respondents. 2. By consent of both the parties, the writ petition is taken up for final disposal. 3. In view of the similar orders passed by this Court, in a number of writ petitions, including the order, dated 21.12.2010, made in W.P.No.29050 of 2010, the following order is passed: i) The petitioner shall pay a sum of Rs.87,263/-, which is the amount of tax demanded by the authority concerned, while passing the detention order. ii) On payment of such tax amount, the goods detained shall be release...
T.N. Sivadevan and Another Vs. S. Balasaraswathi and Others
Court: Chennai
Decided on: Aug-14-2012
(Prayer: Civil Revision Petition against the order dated 4.11.2011 in I.A.No.335 of 2011 in O.S.No.251 of 2007 on the file of the II Additional Subordinate Judge, Erode.) 1. The plaintiffs in O.S.No.251 of 2007 on the file of the II Additional Sub Judge, Erode are the revision petitioners. 2. The plaintiffs filed the suit for declaration of title in respect A, B and C schedule properties and also prayed for injunction. Before the commencement of trial, the plaintiffs/revision petitioners filed application under Order XVIII Rule 3(A) of the Code of Civil Procedure seeking permission of the court to examine the attesting witnesses before the examination of the plaintiffs. That application was dismissed and aggrieved by the same, this revision is filed. 3. It is submitted by the learned counsel for the revision petitioners that the plaintiffs/revision petitioners relied upon two Wills dated 20.3.1995 executed by the father and mother separately and the Will dated 25.6.1977 executed by one...
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