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Chennai Court January 2013 Judgments

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Jan 10 2013

1. G.Kannan Vs. 1. Subbulakshmi Ammal

Court: Chennai

Decided on: Jan-10-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10. 01/2013 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA S.A.(MD)No.482 of 2008 and M.P.(MD)No.1 o1. G.Kannan 2. Lakshmiammal ... Appellants/Appellants 2 and 3/ Defendants 2 and 3 vs 1. Subbulakshmi Ammal 2. Athilakshmi ... Respondents 1 &2/Respondents 1& 2/ Plaintiffs 3. G.Gopalsamy ... 3rd Respondent/1st Appellant/ 1st Defendant Prayer Appeal filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 11.09.2007 made in A.S.No.97 of 2004, on the file of the Principal District Judge, Virudhunagar District at Srivilliputtur confirming the judgment and decree passed by the learned Sub-Judge, Sivakasi dated 25.11.2002 made in O.S.No.132 of 2000. !For Appellants ... Mr.R.Sivasubramanian * * * * * :JUDGMENT The learned Counsel for the appellants seeks permission of this Court to withdraw the Second Appeal and he has also given a letter to the Registry in this regard and also made an endorsement to that ef...


Jan 10 2013

R.Saraswathi Vs. 1.P.Sumithra Devi

Court: Chennai

Decided on: Jan-10-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10. 01/2013 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA C.R.P.(PD)(MD)No.2516 of 2012 and M.P.(MD)No.1 of 2012 R.Saraswathi .. Petitioner Vs 1.P.Sumithra Devi 2.R.Prabhu Ganesh 3.R.Pradeep 4.Renganathan (R2 and R4 are given up as they are not necessary parties) .. Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the order passed by the learned Judicial Magistrate not I, Tirunelveli, Tirunelveli District in M.C.No.18 of 2010 vide his order dated 20.11.2012. #For petitioner ... Mr.R.Anand :ORDER Heard the learned counsel for the revision petitioner who would implore and entreat by pointing out that he would be satisfied if liberty is given to the revision petitioner to approach the same Magistrate under Section 25(2) of the Protection of Women from Domestic Violence Act, 2005, to get the impugned order varied and modified. 2.In view of the submission made, this revision is disposed of gran...


Jan 10 2013

Natarajan Vs. Pappathy

Court: Chennai

Decided on: Jan-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :10. 01.2013 CORAM: THE HON'BLE MR.JUSTICE T.MATHIVANAN CRP.(NPD).No.2210 of 2005 Natarajan .... Petitioner Vs. Pappathy .... Respondent Prayer : This civil revision petition is filed under Article 227 of the Constitution of India, against the fair and decretal Order dated 13.01.2005 and made in I.A.No.849 of 2004 in O.S.No.1183 of 2004, on the file of the learned Principal District Munsif Court, Namakkal. For Petitioner : Mr.T.Dhanyakumar For Respondent : Mr.Mukunth for M/s.Sarvabhauman Associates O R D E R This memorandum of civil revision is directed against the fair and decretal Order dated 13.01.2005 and made in I.A.No.849 of 2004 in O.S.No.1183 of 2004, on the file of the learned Principal District Munsif Court, Namakkal, setting aside the preliminary exparte decree dated 11.11.1998.2. The revision petitioner herein is the plaintiff in the suit in O.S.No.1183 of 2004, whereas the respondent is the defendant.3. It is manifested from ...


Jan 09 2013

A.Nagalingam Vs. 1.The Commissioner of Police,

Court: Chennai

Decided on: Jan-09-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09. 01/2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P(MD)No.1547 of 2012 A.Nagalingam .. Petitioner vs. 1.The Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police, C-5, Karimedu Police Station, Madurai City. 3.Guna .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the body of the petitioner's wife, namely, Latha, aged 27 years and his minor daughter, namely, Dharsana, aged about 4 years, before this Court and set them at liberty. !For petitioner ... Mr.B.Sudha Sathyanath ^For respondents 1 and 2... Mr.R.Ramachandran, Additional Public Prosecutor :ORDER (Order of the Court was made by S.NAGAMUTHU, J) The petitioner is the husband of one Latha, aged about 27 years. They have a daughter, namely, Dharsana, aged about 4 years. According to the petitioner, Lalitha an...


Jan 09 2013

R.Parameswari Vs. State Through the

Court: Chennai

Decided on: Jan-09-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09. 01/2013 CORAM THE HONOURABLE Mr.JUSTICE M.VENUGOPAL Criminal Revision Case (MD) No.532 of 2012 R.Parameswari ... Petitioners Vs State through the Inspector of Police, City Crime Branch (CCB) Madurai City, Madurai. In Crime No.13 of 2012 ... Respondent Prayer Criminal Revision Petition filed under Sections 397 read with 401 of Cr.P.C. to call for the records and set aside the impugned order dated 18.09.2012 passed by the Judicial Magistrate No.1, Madurai in R.C.S.No.224 of 2012 and to direct the Judicial Magistrate No.1, Madurai to issue notice to the Revision Petitioner and to afford opportunity to the Petitioner to raise her objections by filing a protest petition by furnishing the copies of statement of witnesses and other related documents and the investigation report strictly in accordance with law and granting such other and further reliefs. !For Petitioner ... M/s.Farjana Ghoushia ^For Respondent ... Mr.P.Kandasamy, G.A. (Cr...


Jan 09 2013

1. Tamil Maniyan Vs. 1. Savithiri

Court: Chennai

Decided on: Jan-09-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09. 01/2013 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA C.R.P(PD)(MD)No.1589 of 2012 and M.P.(MD)No.1 o1. Tamil Maniyan 2. M.K.Subramanian @ Balasubramaniyan 3. Balamurugan .. Petitioners/Petitioners/ Plaintiffs vs 1. Savithiri 2. Sathiya 3. Hemapriya 4. Vetriventhan 5. Selvaraj .. Respondents/Respondents/ Defendants PRAYER Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 16.03.2011 in I.A.No.151 of 2011 in O.S.No.356 of 2008, on the file of I Additional Sub-Court, Trichirappalli. !For Petitioners ... No Appearance ^For Respondents ... Ms.J.Maria Roseline for R.1, R.3 and R.4 *** :ORDER When this Civil Revision Petition was listed on 07.01.2013 there was no representation on behalf of the revision petitioners and hence this Civil Revision petition was directed to be listed under the caption, "for dismissal" on 08.01.2013. Today also when the matt...


Jan 09 2013

State Rep by Vs. K.Vijayan Alias Muthupandi

Court: Chennai

Decided on: Jan-09-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09. 01/2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRIMINAL APPEAL (MD).No.188 of 2006 State rep by Inspector of Police, Ayikudi Police Station, Rep by Public Prosecutor, High Court, Madras ... Appellant Vs. K.Vijayan alias Muthupandi ... Respondent PRAYER Appeal is filed under Section 378 of the Code of Criminal Procedure to call for the records in S.C.No.23 of 1999, on the file of the learned Principal Sessions Judge, Tirunelveli, dated 29.06.2001 and set aside the same. !For Appellant ... Mr.A.Ramar Additional Public Prosecutor ^For Respondent ... Mr.N.Mohideen Basha :JUDGMENT ************* [Judgment of the Court was delivered by S.NAGAMUTHU, J.] This is an appeal, against acquittal, filed by the State. The respondent was the sole accused in S.C.No.23 of 1999, on the file of the learned Principal Sessions Judge, Tirunelveli. He stood charged for offences under Sections 302 and 392 of...


Jan 09 2013

M.Abdul Shukeer Vs. V.Kalyanasundaram

Court: Chennai

Decided on: Jan-09-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :09. .01.2013 CORAM THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition Nos.41586 to 41588 of 2002 M.Abdul Shukeer .. Petitioner in W.P.No.41586 o1. V.Kalyanasundaram (Died) 2. K.Veeralakshmi (second petitioner substituted in the place of the deceased petitioner as per order of Court dated 26.3.12 in WPMP No.101/12 in WP 41587/02) .. Petitioners in W.P.No.41587 of 2002 G.Velayudham .. Petitioner in W.P.No.41588 of 2002 -vs- The Chairman and Managing Director Tamil Nadu Small Industries Development Corporation Limited (TANSIDCO) Paulwel's Road Kathipara Junction Chenna016. .. 1st respondent in all the writ petitions The Branch Manager Small Industries Development Corporation Ltd., (SIDCO) Industrial Estate Guindy Madras-32 .. 2nd respondent in W.P.No.41586 of 2002 The Branch Manager Small Industries Development Corporation Ltd., (SIDCO) Industrial Estate K.Pudur 2nd respondent in W.P.Nos.41587 & Madurai-7 .. 41588 of 2002 W.P.No.41586 of 20...


Jan 09 2013

Essakiammal Vs. 1.The Commissioner of Police,

Court: Chennai

Decided on: Jan-09-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09. 01/2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P(MD)No.1340 of 2012 Essakiammal .. Petitioner vs 1.The Commissioner of Police, Tirunelveli City, Tirunelveli. 2.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai 009. 3.The Inspector of Police, Palayamkottai Police Station, Tirunelveli. .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the body of detenu namely 'Kannan', aged about 25 years, son of Subramaninan, before this Court, who is now detained in the Central Prison, Palayamkottai in pursuant to the detention order passed by the first respondent in No.86/BDFGISSV/2012, dated 11.07.2012 and to call for the records and quash the same and release the detenu at liberty forthwith. !For petitioner ... Mr.N.Mohidden Basha ^For respondents ... ...


Jan 09 2013

Arivazhagan Vs. 1. M. Uma

Court: Chennai

Decided on: Jan-09-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:9. 1/2013 CORAM THE HONOURABLE Mr.JUSTICE M.VENUGOPAL Crl.R.C (MD) No.287 of 2012 and M.P.(MD) No.1 of 2012 Arivazhagan ... Petitioner Vs 1. M. Uma 2. Minor Deepthika 3. Minor Arivananthi ... Respondents Petition filed under Sections 397 and 401 of the Code of Criminal Procedure to call for the records and set aside the impugned order of distress warrant dated 23/4/2012 made in C.M.P.No.9459 of 2010 in M.C.No.5 of 2009 on the file of the Judicial Magistrate, Aranthangi. !For Petitioner ... Mr.B.Jameel Arasu ^For respondents ... Mr.K.Baalasundaram - - - - - - - :ORDER The Petitioner/Respondent (Husband) has focused the instant Criminal Revision petition as against the impugned order of Distress Warrant dated 23/4/2012 in C.M.P.No.9459 of 2010 in M.C.No.5 of 2009 passed by the Learned Judicial Magistrate, Aranthangi.2. The Learned Judicial Magistrate, Aranthangi, while passing the impugned order in C.M.P.No.9459 of 2010 in M.C.No.5 of 2...



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