Chennai Court September 2012 Judgments
Dr.N.Manu Vs. State of Tamilnadu Rep. by Its Secretary, Highways Depar ...
Court: Chennai
Decided on: Sep-27-2012
(Writ Petition No.15450 of 2012 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records pertaining to the proceeding in N.K.No.1146/2010/E, dated 31.12.2010 issued and published by the respondents and to quash the eviction notice No.CMDP/CMRL/Vadapazhani/ADE-I/dated 4.6.2012 issued by the fourth respondent.) Heard Mr.B.Chandrasekaran, learned counsel for the petitioner in W.P.No.15450 of 2010, Mr.S.Arivazhagan, learned counsel for the petitioner in W.P.Nos.15585 to 15589 of 2012, Mr.A.Navaneethakrishnan, learned Advocate General assisted by Ms.V.M.Velumani, learned Spl.G.P. appearing for respondents 1 to 4 and and impleaded sixth respondent and Mr.V.Ramajagadeesan, learned counsel appearing for the impleaded fifth respondent. 2. What is challenged in these Writ Petitions is the notice of communication issued after issuance of notices under Sections 15(1), 15(2) and 16(2) of the Tamil Nadu Highways Act (hereinafter refer...
Tag this Judgment!Muniappan Vs. National Insurance Company Limited and Others
Court: Chennai
Decided on: Sep-27-2012
(Prayer:- This Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 31.7.2007 made in MCOP.No.1726/2003 by the learned Principal District Judge (MACT) Krishnagiri.) This Civil Miscellaneous Appeal is filed by the claimant, whose claim petition under Section 163A of the Motor Vehicles Act claiming compensation of Rs.5 lakhs for the injuries sustained by him in the motor accident that had occurred on 14.11.2002 was negatived and a compensation of Rs.25000/- was granted under Section 140 of the Motor Vehicles Act under 'No Fault Liability" by the Judgement and Decree dated 31.7.2007 made in MCOP.No.1726/2003 by the learned Principal District Judge (MACT) Krishnagiri. 2. The brief facts, which are necessary for the disposal of this Civil Miscellaneous Appeal, are that on 14.11.2002 at about 6.40 p.m. the claimant was travelling in a share auto along with his relatives from Nallampatti to Avvainagar to attend a death condolence and when the share auto was proceeding ne...
Tag this Judgment!K.Vijayaraj and Others Vs. K.Kumaran and Others
Court: Chennai
Decided on: Sep-27-2012
(Prayer: Writ Appeals No.486, 502, 675, 807 and 1316 of 2012 and Writ Appeals No.487, 676 and 1317 of 2012 filed under Clause 15 of Letters Patent against the common order dated 06.03.2012 passed by a learned single Judge in W.P.Nos.6114 and 7948 of 2011 respectively.) COMMON JUDGMENT: R.BANUMATHI, J and R.SUBBIAH, J. All these appeals arise out of a common judgment dated 06.03.2012 passed in W.P.Nos.6114 and 7448 of 2011. 2. W.P.No.6114 of 2001 has been filed by an unemployed graduate and W.P.No.7448 of 2011 has been filed by 3 individuals, who are working as Assistants in the Secretariat. Both the writ petitions have been filed challenging the decision taken by the Government of Tamil Nadu to fill up 186 posts of Assistant Section Officers (ASO) in the Secretariat, other than Law and Finance Department, on the basis of Notification bearing No.219 dated 15.11.2009. 3. Originally a Notification was issued by TNPSC for 21 different interview posts under the concerned Subordinate Service...
Tag this Judgment!Sampoornam and Others Vs. T. Usharani and Another
Court: Chennai
Decided on: Sep-26-2012
(PRAYER :- Appeal against the judgment and decree dated 19.02.2008 made in M.C.O.P.No.750 of 2000 by the Motor Accidents Claims Tribunal(Additional District Judge, Fast Track Court No-I)Salem.) The dependents of one Raju, dissatisfied with the quantum of compensation awarded by the Tribunal, have directed this appeal. 2. Admittedly, on 21.03.2000, Raju sustained head injury in a road accident. Subsequently, on 28.05.2000, he died. Mainly based on the non production of his treatment record, the Tribunal concluded that it is an injury case and granted them totally Rs.30,000/- and deducted Rs.25,000/- already paid to them under no fault liability. 3. According to the learned counsel for the appellants, ample evidence has been let in to show that the said Raju died due to the injuries sustained by him in the road accident. 4. However, according to the learned counsel for the Insurance Company, the treatment record has not been filed and it is not established that he died due to the injury ...
Tag this Judgment!V.Gunasekaran Vs. the Superintendent of Police District Police Office ...
Court: Chennai
Decided on: Sep-26-2012
(PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Certiorari, to call for the records of the 1st respondent by proceedings in DO No.647/2012 C.No.F1/9901/11 dt 13.6.2012 and quash the same.) The petitioner is employed as driver in the Police department. The Police vehicle bearing registration No.TN 37 G 0273 (Bajaj Tempo Van) met with an accident on 25.7.2003 when the vehicle was proceeding in Palladam to Trichy road. Due to accident, the rider of the motorcycle died. The legal heirs of the deceased filed M.C.O.P.No.1005 of 2003 before the Principal District Judge, Erode, claiming Rs.10,00,000/- (Rupees ten lakhs only) as compensation. The Tribunal passed an order dated 07.10.2004 awarding a compensation of Rs.1,34,000/- (Rupees one lakh thirty four thousand only) along with 9% interest. The legal heirs of the deceased have filed an appeal against the aforesaid order in C.M.A.No.1783 of 2006 before this Court. 2. This Co...
Tag this Judgment!The Commissioner of Customs (imports) and Others Vs. M/S. V.S. Govinda ...
Court: Chennai
Decided on: Sep-26-2012
(Writ Appeals preferred under clause 15 of Letters Patent, as against the common order dated 27.4.2011 respectively made in W.P.Nos.8512, 8274 and 8372 of 2011 by a learned single Judge of this Court.) COMMON JUDGMENT: ELIPE DHARMA RAO, J. The respondents in all the writ appeals have imported used tyres of different sizes from different countries across the globe and under bills of entry they claimed clearance of the goods for home consumption by paying necessary fee. But, the customs officials directed that the goods were to be examined by a Chartered Engineer. Accordingly, M/s.SGS India Private Limited, Chennai, who are the approved Chartered Engineer by the Government of India, Ministry of Commerce, inspected the consignments in the presence of Customs Appraiser and reported that the goods are used tyres and not reconditioned and not re-treaded and description found to tally with the invoice. Thereafter, the Additional Commissioner of Customs had taken up the case for adjudication a...
Tag this Judgment!K.Jothibasu Vs. the State of Tamil Nadu, Rep. by Its Secretary, Public ...
Court: Chennai Madurai
Decided on: Sep-26-2012
(Common Prayer in W.P.(MD) Nos.319 to 322 of 2011 Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 2nd respondent to prepare and publish seniority list of Assistant Engineers (Civil) (PWD) 1997-99 on the basis of the merit ranking list of the candidates for promotion to the post of Assistant Executive Engineers in Public Works Department. Common Prayer in W.P.(MD) Nos.7292 and 7293 of 2011 Writ Petitions are filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the order passed by the 2nd respondent in Lr.No.S2(2)/22333/2007-1 and Lr.No.S2(2)/22333/2007-3 respectively dated 28.03.2011 and to quash the same as illegal and consequentially to direct the 2nd respondent to fix the petitioner's seniority in the post of Assistant Engineer based on the total marks obtained by the petitioner in the selection (written and oral test) proce...
Tag this Judgment!Mount Saint Joseph Matriculation and Higher Secondary School, Rep by I ...
Court: Chennai
Decided on: Sep-26-2012
(Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorarified mandamus to call for the records of the second respondent in Na.Ka.No.015052/B1/2012 dated 03.05.2012 cancelling the petitioner School to be an examination centre for the public examination of Class X and Class XII and to quash the same and further direct the second respondent to restore the petitioner School as an examination centre for holding the examination of Class X and Class XII examinations.) The prayer in the writ petition is to quash the order dated 03.05.2012 withdrawing the examination centre from the petitioner School for Class X and Class XII public examinations permanently. 2. The petitioner is an Aided School, claims to have been established in the year 1974 by the Carmelite Sisters of St.Teresa and it is claiming to be a minority School having a strength of 4000 students with 100 teaching staff and 25 non teaching staff. 3. The petitioner School was notified as examina...
Tag this Judgment!United India Insurance Co.Ltd. Vs. Keval Chand Bafna and Others
Court: Chennai
Decided on: Sep-26-2012
(Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act, 1988, against the award and decree dated 01.08.2006 made in MCOP.No.304 of 2002 on the file of Motor Accidents Claims Tribunal (Fast Track Court No.3), Coimbatore.) R.SUBBIAH, J. Challenging the Award dated 31.12.2009 passed by the Motor Accidents Claims Tribunal (Fast Track Court No.3), Coimbatore, in M.C.O.P.No.304 of 2002, United India Insurance Company has filed the present Appeal. Respondents 1 and 2 herein are claimants, respondents 3 to 5 are respondents 1, 2 and 4 and Appellant is 3rd respondent before the Tribunal. 2. Brief facts are as follows: Respondents 1 and 2 herein are the parents of one Dipesh K.Bafna, who had died in a motor accident that had occurred on 17.06.2000. According to the claimants, on 17.06.2000 at about 1.45 PM, their son was driving a Tata Indica Car bearing registration No.TN-38-K-4405 on Mettupalayam Road from Coimbatore towards Mettupalayam at a normal speed. While so, a lorry ...
Tag this Judgment!The Managing Director, Tamil Nadu State Transport Corporation Ltd. Vs. ...
Court: Chennai
Decided on: Sep-26-2012
(PRAYER: Appeal and Cross Objection against the judgment and decree dated 18.09.2008 made in M.C.O.P.No.3746 of 2006 of the Motor Accidents Claims Tribunal, (Chief Judge, Court of Small Causes), Chennai.) COMMON JUDGMENT Aggrieved by the quantum of compensation awarded by the Tribunal, the Transport Corporation directed C.M.A.No.2368 of 2009 and the claimants have directed Cross Objection No.3 of 2010. 2. On 11.09.2005, in a road accident, one Ellamuthu died. Claimants are his dependents. The Tribunal totally awarded them Rs.2,60,000/-. 3. According to the learned counsel for the appellant/Transport Corporation, the Tribunal had taken into account an excessive amount as income of the deceased. The amount of compensation awarded is on the higher side. 4. On the other hand, the learned counsel for the claimants/ Cross objectors contended that the deceased was a Mason and he would have ear...
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