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Chennai Court November 2013 Judgments

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Nov 04 2013

M.Murugan Vs. Co Operative Sub Registrar

Court: Chennai

Decided on: Nov-04-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :04. 11.2013 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR Writ Petition No.28488 of 2013 M.P.No.1 of 2013 M.Murugan ... Petitioner Vs.1. The Co-operative Sub Registrar/Field Officer cum Surcharge Enquiry Officer, Madhanur, Gudiyatham Taluk, Vellore District.2. The President, Chinnakallupalli Primary Agricultural Co-operative Bank, Chinnakallupalli Village, Vaniyambadi Taluk, Vellore District.3. The Deputy Registrar of Co-operative Societies, Tirupattur Circle, Tirupattur, Vellore District. .. Respondents Writ Petition filed under Article 226 of Constitution of India, praying for a Writ of Certiorari, to call for the records, relating to the surcharge show cause notice, Tha Thi 2/2013-14 Sa.Pa. dated 25.09.2013 of the 1st respondent, issued under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983. For Petitioner : Mr.S.Venkataraman For Respondents : Mr.L.P.Shanmughasundaram, Spl. Govt. Pleader (Co-op.) ORDER Being aggrieved by t...


Nov 04 2013

R.indrani Vs. Dyregistrar of Coop Societies

Court: Chennai

Decided on: Nov-04-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :04. 11.2013 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR Writ Petition Nos.25059 and 25772 of 2012 1.R.Indrani ... 1st petitioner in W.P.25059/12 Petitioner in W.P.25772/12 2 R.Preetha ... 2nd petitioner in W.P.25059/12 Vs.1. The Deputy Registrar of Co-op. Societies, Tirupattur Circle, Vellore District.2. The Special Officer, Girisamudhram Primary Agricultural Co-operative Bank, Girisamudhram Post, Vaniyambadi Taluk, Vellore District.3. K.Rajendran .. Respondents in both W.Ps. Prayer in W.P.No.25059 of 2012: Writ Petition filed under Article 226 of Constitution of India, praying for a Writ of Mandamus, directing the 1st respondent to withdraw the conditional attachment made in CEP.No.223 of 2006-07, dated 27.07.2007, under Section 167 of the Tamil Nadu Co-operative Societies Act, 1983, of the fixed deposits, dated 20.11.2004, 11.03.2005 and 31.03.2006, for Rs.11 Lakhs, standing in the name of the petitioners in the 2nd respondent society...


Nov 04 2013

Union of India Owning Southern Railway Vs. K.Karuppusamy

Court: Chennai

Decided on: Nov-04-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:04. 11.2013 CORAM THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR C.M.A.No.2826 of 2013 The Union of India owning Southern Railway Represented by the General Manager Chennai 600 003 ...Appellant vs 1.K.Karuppusamy 2.Smt.K.Ramathal ...Respondents Civil Miscellaneous Appeal filed under Section 23 of the Railway Claims Tribunal Act against the order dated 17.07.2012 made in O.A (II-U) No.109 of 2012 on the file of the Railway Claims Tribunal, Chennai Bench. For Appellant :Mr.V.G.Suresh Kumar For Respondents : Mr.C.Krishnan Senior counsel for M/s.D.Dhanam ----- JUDGMENT The Union of India, owner of the Southern Railway represented by the General Manager of Southern Railway, Chennai, is the appellant in the present Civil Miscellaneous Appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987.2. A Claim was made by the respondents 1 and 2 herein being the parents of late K.Ravikumar, who according to them died on account of an untoward ...


Nov 04 2013

The New India Assurance Company Vs. Subramaniam

Court: Chennai

Decided on: Nov-04-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:04. 11.2013 CORAM THE HON'BLE MR.JUSTICE C.S.KARNAN C.M.A.No.812 of 2006 The New India Assurance Company .. Appellant vs 1) Subramaniam 2) N.Balasubramanian 3) C.Balakrishnan .. Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the Award and Decree dated 26.10.2004 passed in M.C.O.P.No.314 of 2004 by the Motor Accidents Claims Tribunal (Principal Sub-Judge), Coimbatore. For Appellant : Mr.S.Manohar For Respondents : Mr.V.Nicholas (R1) R2 & R3 NDW JUDGMENT The appellant/Insurance Company has preferred the present appeal in CMA No.812 of 2006, against the Award and Decree, dated 26.10.2004, passed in M.C.O.P.No.314 of 2004 by the Motor Accidents Claims Tribunal (Principal Sub-Judge), Coimbatore.2. The short facts of the cases are as follows:- The claimant stated that on 28.02.2001, at about 11.00 hours, when he was riding his motorcycle on the Avinashi Road, the driver of the Auto b...


Nov 04 2013

Sushil Kumar Chokkani Vs. Inspector General Registration

Court: Chennai

Decided on: Nov-04-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:04. 11.2013 CORAM: THE HONOURABLE MRS.JUSTICE S.VIMALA C.M.A.No.1882 of 2006 and M.P.Nos.1 and 2 of 2006 & 1 of 2007 Sushil Kumar Chokkani .. Appellant .. Vs ..1. The Inspector General of Registration, Document Registration, No.100, Santhome High Road, Chennai 28 2. The Special Deputy Collector, Stamps, District Collector's Office Complex, Coimbatore 3. The Additional Inspector General of Registration, Coimbatore 4. Joint-1 Sub Registrar, Sub Registrar Office, Kumaran Road, Tiruppur 5. The Special Tahsildar, Stamps, Tiruppur (R-5 impleaded vide order of this Court, dated 19.10.2006 in CMP No.3 of 2006) .. Respondents Prayer: Civil Miscellaneous Appeal filed under Section 47-A (5) of The Indian Stamp Act 1899 r/w under Rule 9 of The Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968, against the Appeal Order, dated 13.02.2006, made in No.19136/2005 passed by the Inspector General of Registration, Chennai 28. F...


Nov 04 2013

K.Ramalakshmi Vs. Swarnalatha

Court: Chennai

Decided on: Nov-04-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04. 11.2013 CORAM THE HONOURABLE MR.JUSTICE M.VENUGOPAL Crl.R.C.(MD)No.509 of 2013 K.Ramalakshmi ... Petitioner Vs. Swarnalatha ... Respondent PRAYER Criminal Revision Case is filed under Section 397 r/w 401 of the Code of Criminal Procedure, praying to call for the records and set aside the order passed in C.C.No.9 of 2013, dated 10.01.2013 on the file of the Judicial Magistrate Court No.1, Tirunelveli by allowing the criminal revision petition. !For Petitioner ... Mr.H.Arumugam ^For Respondent ... Served (Yet No Appearance) :JUDGMENT The petitioner has preferred the instant Criminal Revision Case as against the order dated 10.01.2013 in C.C.No.9 of 2013 passed by the Learned Judicial Magistrate No.1, Tirunelveli. The Learned Judicial Magistrate No.1, Tirunelveli on 10.01.2013 in C.C.NO.9 of 2013 has passed the following order:- ".Complainant present. Accused absent. Petition u/s.317 Crpc. allowed. Accused side counsel present. ...


Nov 04 2013

N.Appusamy Vs. Principal Chief Conservator of Forests

Court: Chennai

Decided on: Nov-04-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :04. 11.2013 CORAM : THE HONOURABLE Mrs.JUSTICE R.BANUMATHI and THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.A.No.367 of 2012 1.N.Appusamy ... Appellant vs. 1.The Principal Chief Conservator of Forests and Head of Forest Force, No.1, Jennis Road, Panagal Building, Saidapet, Chennai-600 015. 2.The Secretary to Government, Environment and Forest Department, Fort St. George, Chennai-9 ... Respondents Prayer: Writ Appeal is filed under Clause 15 of Letters Patent Appeal against the order dated 18.10.2011 made in W.P.No.21947 of 2009 on the file of this Court. For Appellant : Mr.K.Venkatramani Senior Counsel for M/s.S.Sivakumar For Respondents : Mr.Hidayathullakhan Government Advocate (Forest) JUDGMENT R.BANUMATHI,J.Challenge in this appeal is the order in W.P.No.21947 of 2009 (18.10.2011) declining to quash the impugned Proceedings in Ref.No.A2/69295/08 dt. 03.9.2009 and also declining to issue direction to the Respondents for inclusion of A...


Nov 04 2013

Gunasekaran Vs. the District Magistrate

Court: Chennai

Decided on: Nov-04-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:04. 11.2013 Coram THE HONOURABLE Ms. JUSTICE K.B.K.VASUKI Crl.R.C.Nos.1247 and 1263 of 2013 and M.P.Nos.1 and 1 of 2013 Guna @ Vella Guna @ Gunasekaran .. Petitioner in Crl.RC.1247 of 2013 S.Velayudham .. Petitioner in Crl.RC.1263 of 2013 V. The District Magistrate, Government of Puducherry, Office of the District Magistrate, Revenue Complex, New Saram, Puducherry. .. Respondent in both the revisions Criminal Revisions under Section 397 r/w 401 of Cr.P.C. to set aside the order dated 10.09.2013 and 17.09.2013 made in MC.Nos.71 and 115 of 2013 respectively on the file of District Magistrate, Puducherry. For Petitioner : Mr.M.Prabaharan in Crl.RC.1247 of 2013 Mr.Prakash Adiapadam in Crl.RC.1263 of 2013 For Respondent : Mr.V.Balamurugan. Additional Public Prosecutor (Pondicherry) COMMON ORDER The Criminal revisions are filed by the petitioners by names Guna @ Vella Guna @ Gunasekaran and Velayudham respectively in both the petitions against t...


Nov 04 2013

K.Dharmaraj Vs. Mtc Ltd Chennai

Court: Chennai

Decided on: Nov-04-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :04. 11.2013 CORAM THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR AND THE HONOURABLE MR. JUSTICE R. MAHADEVAN WRIT APPEAL NO.2078 of 2010 and M.P.No.1 of 2010 K.Dharmaraj ... Appellant Vs.1. The Management of Metropolitan Transport Corporation Ltd., (Formerly known as Pallavan Transport Corporation Ltd.,) Chennai 600 002.2. The Presiding Officer Principal Labour Court Chennai. ... Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order made in W.P.No.37820 of 2002, dated 21.7.2010. For Appellant : Mr. K.M.Ramesh For Respondent No.1 : Mr.V.R.Kamalanathan JUDGMENT (Judgment of the Court was delivered by N.Paul Vasanthakumar, J.) This writ appeal is filed against the order made in W.P.No.37820 of 2002, dated 21.7.2010, wherein the learned Single Judge set aside the award passed by the Labour Court made in I.D.No.624 of 1996, dated 5.4.2002 on the ground that the Labour Court had relied on fresh evidence, afte...


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