Chennai Court August 2012 Judgments
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Subbammal Trust Private Trust Rep by Its Managing Trustee Vs. the Comm ...
Court: Chennai
Decided on: Aug-07-2012
(Prayer: This second appeal is filed against the judgment and decree dated 19.01.2005 passed by the learned Principal Judge, City Civil Court, Chennai in A.S.No.246 of 2004 confirming the judgment and decree dated 29.08.2003 passed by the learned V Assistant Judge, City Civil Court, Chennai in O.S.No.2388 of 1994.) 1. This second appeal is focussed by the plaintiff, animadverting upon the judgment and decree dated 19.01.2005 passed by the learned Principal Judge, City Civil Court, Chennai in A.S.No.246 of 2004 confirming the judgment and decree dated 29.08.2003 passed by the learned V Assistant Judge, City Civil Court, Chennai in O.S.No.2388 of 1994. 2. The parties, for convenience sake are referred to here under according to their litigative status before the trial Court. 3. Heard both sides. 4. Synoptically and succinctly, pithily and precisely, the germane facts, in a few broad strokes, can be encapsulated thus: a] The second appellant herein happened to be the plaintiff, who filed ...
Dr. K.V. Dhanaraj S/O. K.N. Viswanathan Vs. the Engineer in Chief, (Bu ...
Court: Chennai Madurai
Decided on: Aug-07-2012
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the third and fourth respondents to implement the transfer order passed by the first respondent vide his letter No.S1(1)/20099/2012-55 dated 18.07.2012.) ORDER 1. The petitioner prays for issuance of a Writ, in the nature of Mandamus, to direct the third and fourth respondents, to implement the transfer order issued by the Engineer in Chief (Building) and the Chief Engineer (General) / First Respondent dated 18.07.2012. 2. The petitioner was appointed as Assistant Engineer in the year 1986 in the Public Works Department, and promoted as Assistant Executive Engineer in the year 2009. The petitioner was transferred vide Order No.S1(1)/20099/2012-55 dated 18.07.2012 from Anti Sea Erosion Sub Division, Nagercoil to Pazhayaru Basin Sub Division, Nagercoil, on administrative exigency of service. The petitioner could not take over the charge immediately in the new place of post...
K. Jayalakshmi Vs. Tamil Nadu Generation and Distribution Corpn. Ltd., ...
Court: Chennai
Decided on: Aug-07-2012
(Prayer: Writ petition under Article 226 of the Constitution of India praying this Honourable Court to issue a writ of certiorari after calling for the concerned records from the 1st and 2nd respondents, quash the order of the 1st respondent dated 8.4.2011 bearing Ref.No.Per.FB TANGEDCO Proceedings No.5 in so far as Clause 5 is concerned and the consequential order dated 2.12.2011 bearing Memo No.077305/G30/G301/2011-1 of the 2nd respondent proposing to cancel the promotion granted by the respondents from the post of Account Supervisor to the Post of Assistant Accounts Officer as illegal, arbitrary, contrary to principles of natural justice and totally without jurisdiction.) 1. The petitioner passed S.S.L.C (old XI standard) in March, 1973. She also passed Diploma in Commercial Practice, three years course conducted by State Board of Technical Education and Training, in April, 1982. This Diploma Course is treated as if the petitioner passed Pre-University course eligible for admission ...
Metropolitan Transport Corporation Ltd, Rep by Its Managing Director, ...
Court: Chennai
Decided on: Aug-07-2012
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree made in MACTOP.No.1983 of 2004 on the file of the Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes) at Chennai dated 27.01.2006.) 1. This Civil Miscellaneous Appeal is filed aggrieved against the award passed by the Motor Accidents claims Tribunal/Chief Judge of Small causes Court, Chennai in MACTOP.No.1983 of 2004 dated 27.01.2006 whereby the Tribunal has found that the Transport Corporation is negligent for causing the accident and accordingly, awarded a sum of Rs.4,57,000/- with interest at 7.5% from the date of petition till the date of deposit as compensation to the claimants who are the legal heirs of the deceased, K.Kumar, who died in the accident that occurred on 27.02.2004. 2. The brief facts are that the deceased K.Kumar was proceeding at L.B.Road, Adyar, in TVS Champ bearing registration No. TN O7 D 2553 towards Sardar Patel Road,...
M/S. Ucal Fuel Systems Limited, Rep.by Its Chief Security Officer, N. ...
Court: Chennai
Decided on: Aug-07-2012
(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorari, calling for the records of the first respondent in I.A.No.15/2012 in I.D.No.279/2009, order dated 19.6.2012 and quash the same.) 1. The petitioner, who is not a party in I.D.No.279 of 2009 and I.A.No.15/2012 on the file of the Principal Labour Court, Chennai, has challenged the order made in I.A.No.15 of 2012 dated 19.6.2012 by raising a preliminary contention that the Labour Court, without issuing notice of hearing to the petitioner, has passed an order in the said I.A., appointing an Advocate-Commissioner to visit the petitioner's premises on 23.6.2012, after giving notice by the counsel and parties in the interlocutory application. 2. The learned Senior Counsel appearing for the petitioner submitted that the Labour Court without impleading and hearing the petitioner appears to have viewed that the petitioner Company is running its unit by allegedly c...
M/S. Hotel K.K. Residency Rep by Its Managing Partner Vs. A. Maria Cha ...
Court: Chennai
Decided on: Aug-07-2012
(Prayer: Civil revision petition filed against the judgment and decree dated 22.7.2011 passed by the 1st Additional Subordinate Judge-cum-Rent Control Appellate Authority, Coimbatire, in R.C.A.No.10 of 2009 reversing the order dated 6.3.2009 passed by the District Munsif-cum-Rent Controller, Coimbatore.) 1. Animadverting upon the against the judgment and decree dated 22.7.2011 passed by the 1st Additional Subordinate Judge-cum-Rent Control Appellate Authority, Coimbatire, in R.C.A.No.10 of 2009 reversing the order dated 6.3.2009 passed by the District Munsif-cum-Rent Controller, Coimbatore, this civil revision petition is filed. 2. The parties, for the sake of convenience are referred to hereunder according to their litigative status and ranking before the Rent Controller. 3. A thumbnail sketch of the germane facts in a few broad strokes can be encapsulated thus: (i) The revision petitioner herein/landlord filed the RCOP.No.203 of 2007, invoking Sections 10(3)(c) and 14(i)(b) of the Ta...
K. Thiyagarajan Vs. S. Krishnakumar and Another
Court: Chennai
Decided on: Aug-06-2012
(Prayer: This Civil Miscellaneous Appeal is filed against the Judgment and Decree dated 29.11.2008 made in MCOP.No.1932/2006 by the learned V Small Causes Judge (MACT) Chennai.) 1. This Civil Miscellaneous Appeal is filed against the Judgment and Decree dated 29.11.2008 made in MCOP.No.1932/2006 by the learned V Small Causes Judge (MACT) Chennai, whereby the Tribunal awarded a sum of Rs.25,000/- as no fault liability with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization. 2. The Appellant/claimant has met with an accident on 31.1.2006at 16.10 hours, when he was proceeding from Pallavaram to Meenambakkam along the GST Road and he was hit by a Car bearing Reg.No.TN-22-AM-2550 which was coming in the opposite direction. According to the claimant, without any signal or indication the car driver suddenly took 'U' turn which resulted in the accident. He sustained injuries and was treated as an inpatient in a private nursing home. It is...
M/S. A.R. Bachawat Trading (P) Limited, Represented by Hemant Raj, Che ...
Court: Chennai
Decided on: Aug-06-2012
(Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus calling for the records on the files of the respondent in G.D.No.5929/2012 dated 31.7.12 and quash the same as being invalid and illegal and further directing the respondent to release the detained goods immediately.) 1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate for taxes, appearing on behalf of the respondent. 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 the amount of tax of Rs.4,41,000/-, 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 released and the same shall be subject to the final adjudication order,...
Panneerselvam Vs. S. Bakkiyam
Court: Chennai
Decided on: Aug-06-2012
(Prayer: Revision Petition filed under Section 397 read with Sec. 401 of Cr.P.C. against the Order dated 26.09.2011 made in C.M.P. No. 854 of 2011 in S.T.C. No. 306 of 2009 on the file of the learned Judicial Magistrate No.3, Salem.) 1. The petitioner has come forward with this Criminal Revision Petition questioning the correctness of the order dated 26.09.2011 made in C.M.P. No. 854 of 2011 in S.T.C. No. 306 of 2009 on the file of the learned Judicial Magistrate No.3, Salem. In and by the said order dated 26.09.2011, the court below dismissed the application filed by the petitioner under Section 45 of the Indian Evidence Act praying to forward the cheque in question to forensic sciences expert for comparision of the age of the ink. 2. The learned counsel for the petitioner submits that the petitioner is arrayed as accused in S.T.C. No. 306 of 2009 instituted by the respondent herein under Section 138 of the Negotiable Instruments Act. Pending the said proceedings, the petitioner has f...
Canara Bank Having Its H.O. Chennai Vs. Dewa Properties Limited (Previ ...
Court: Chennai
Decided on: Aug-06-2012
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 27.6.2012 passed in Memo in Sr.No.12419 in R.C.O.P.No.1890 of 2001 on the file of the XV Judge, Court of Small Causes at Chennai by dismissing the said application and render justice.) 1. The tenant/ respondent in R.C.O.P No.1890 of 2011 on the file of the XV Small Causes Court, Chennai is the revision petitioner. The respondent/ landlord filed the above petition under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for fixation of fair rent after the examination of PW1 was over. The respondent/ landlord filed a memo before the learned Rent Controller seeking for permission to engage the services of Mr.Ajeez Mohideen, Engineer to inspect the petition premises and file his report and that memo was contested by the revision petitioner/ tenant and the learned Rent Controller granted permission to the respondent/ landlord to engage the Engineer for ins...