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Chennai Court March 2013 Judgments

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Mar 21 2013

Kamatchi Vs. Janardhanan

Court: Chennai

Decided on: Mar-21-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :21. 03.2013 Coram: THE HONOURABLE MR.JUSTICE G. RAJASURIA S.A.No.150 of 2013 and M.P.No.1 of 2013 Kamatchi .. Appellant Vs.1. Janardhanan 2. Subramaniyan 3. Prabhakaran .. Respondents This second Appeal is focussed as against the judgment and decree dated 13.03.2012 passed by the learned Principal Subordinate Judge, Tindivanam in A.S.No.16 of 2009 in confirming the judgment and decree dated 28.01.2009 passed by the learned Principal District Munsif, Tindivanam in O.S.No.418 of 1999. For appellant : Mr.A.Muthukumar for Mr.V.Ramesh JUDGMENT This second appeal is focussed by the plaintiff, animadverting upon the judgment and decree dated 13.03.2012 passed by the learned Principal Subordinate Judge, Tindivanam in A.S.No.16 of 2009 in confirming the judgment and decree dated 28.01.2009 passed by the learned Principal District Munsif, Tindivanam in O.S.No.418 of 1999.2. The parties are referred to here under according to their litigative statu...


Mar 21 2013

Mr.N.Nagarajan Vs. 1)The Assistant General Manager,madurai-625 00

Court: Chennai

Decided on: Mar-21-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21. 03/2013 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P(MD)No.81 of 2011 W.P(MD)Nos.14971/2010, 14976/2010, 14977/2010, 14996/2010, 617/2011, 618/2011, 898/2011, 901/2011, 902/2011 and 532/2011 and connected miscellaneous petitions W.P(MD)No.81/2011 Mr.N.Nagarajan ... Petitioner Vs...1) The Assistant General Manager, (Administration), Maduram Complex, Dr.Ambedkar Road, Madurai.2) The Branch Manager, State Bank of India, Madurai Main Branch, Sangam Towers, No.7, West Veli Street, Madurai-625 001. ... Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to give the petitioner permanent appointment to the post of Watchmen Cum Armed Guard as per the Respondent's rule as he is already selected to the said post through the proceedings of the 1st respondent dated 18.06.2009 by filling up the existing vacancy in the post of Watchmen Cum Arm...


Mar 21 2013

N.Nataraj Vs. Kuppusamy Gounder

Court: Chennai

Decided on: Mar-21-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :21. 03.2013 Coram: THE HONOURABLE MR.JUSTICE G. RAJASURIA S.A.Nos.79 and 368 of 2009 and M.P.Nos.1 and 1 of 2009 S.A.No.79 of 2009: ----------------- N.Nataraj .. Appellant Vs.1. Kuppusamy Gounder 2. Sampoornam 3. Logajeya Ramamurthi .. Respondents S.A.No.368 of 2009: ------------------ 1. N.Nataraj Gounder 2. N.Krishnamoorthy .. Appellants vs. Kuppusamy Gounder .. Respondent S.A.No.79 of 2009 has been focussed as against the common judgment and decrees dated 18.08.2008 passed by the learned Principal Subordinate Judge, Erode in A.S.Nos.133 of 2007 in confirming the common judgment and decree dated 30.07.2007 passed by the learned Principal District Munsif, Erode in O.S.No.314 of 2001. S.A.No.368 of 2009 has been focussed as against the common judgment and decrees dated 18.08.2008 passed by the learned Principal Subordinate Judge, Erode in A.S.Nos.141 of 2007 in reversing the common judgment and decree dated 30.07.2007 passed by the lear...


Mar 21 2013

Manokaran Vs. State

Court: Chennai

Decided on: Mar-21-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :21.03.2013 CORAM THE HONOURABLE MR.JUSTICE T. SUDANTHIRAM Crl.A.No.267 o1. Manokaran 2. Damodaran .. Appellants/Accused 1 and 2 Versus State Represented by, The Inspector of Police, C-2, Elephant Gate Police Station, Chennai. .. Respondent/Complainant Prayer:- Criminal Appeal filed under Section 374 (2) of Cr.P.C., against the judgment dated 28.02.2005 passed by the learned Additional District and Sessions Judge, Fast Track Court not II, Chennai, in S.C.No.706 of 2004. For Appellants : Mr.M.Kabilan For Respondent : Mr.P.Govindarajan, Additional Public Prosecutor. - - - - - JUDGMENT The appellants herein are the accused 1 and 2 in S.C.No.706 of 2004 on the file of the learned Additional Sessions Judge, Fast Track Court not II, Chennai. The first accused was convicted for an offence under Section 304 Part II r/w. 34 I.P.C. and sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo thre...


Mar 21 2013

Rajalakshmi Vs. Pon. Muthuramalingam

Court: Chennai

Decided on: Mar-21-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:- 21.03.2013 Coram The Honourable Mr. Justice M. VENUGOPAL C.R.P. PD. No.1405 of 2011 and M.P. No.1 o1. Rajalakshmi 2. Padmavathi 3. Abirami 4. Parthiban ... Petitioners/Defendants ..Vs..1. Pon. Muthuramalingam 2. Ayyiponnu ... Respondents Civil Revision Petition filed against the order dated 11.1.2011 passed in I.A. No.1062 of 2010 in O.S. No.231 of 2007 on the file of the District Munsif Court, Sirkali. For Petitioner : Mr. S. Sounthar For Respondents : Mr. N. Sankara Vadivel for R1 O R D E R The Learned counsel for the Petitioners/Defendants, in the present Civil Revision Petition challenges the order of the dismissal dated 11.1.2011 passed in I.A. No.1062 of 2010 in O.S. No.231 of 2007 (filed by the Petitioners under Order 26 Rule 9 of the Civil Procedure Code) on the file of the District Munsif Court, Sirkali praying for appointment of Taluk Surveyor and submits that the trial Court has passed the impugned order in the interlocutory a...


Mar 21 2013

Dr.C.Janakiram Vs. Secretary to Government

Court: Chennai

Decided on: Mar-21-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :21. 03.2013 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.5765 of 2005 Dr.C.Janakiram .. Petitioner -vs- 1. Secretary to Government Health & Family Welfare (I2) Department Government of Tamil Nadu Secretariat Chenna009. 2. The Director of Medical Education Kilpauk, Chenna010. 3. The Dean Kilpauk Medical College Kilpauk, Chenna010. .. Respondents Petition under Article 226 of The Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records in G.O.No.141 dated 31.01.2003, Health and Family Welfare (I2) Department and quash the same and direct the first respondent for necessary orders for promoting the petitioner as Professor under existing rules and law as well as payment of monthly pension besides all other retirement benefits such as Death cum Retirement Gratuity with effect from 1.9.2002. For Petitioner :: Mr.S.Ilamvaluthi For Respondents :: Mr.N.Srinivasan Additional Government Pleader ...


Mar 21 2013

Felix Vs. A.Josphine

Court: Chennai

Decided on: Mar-21-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :21. 03.2013 Coram: THE HONOURABLE MR.JUSTICE G. RAJASURIA S.A.No.415 of 2012 and M.P.No.1 o1. Felix @ Sankar 2.Gnanabarnam ... Appellants Vs. 1.A.Josphine 2.A.Francis ... Respondents This Second Appeal is focussed as against the judgment and decree dated 31.10.2011 passed by the III Additional Judge, City Civil Court, Madras, in A.S.No.621 of 2008, reversing the judgment and decree dated 31.7.2008 passed by the XIV Assistant Judge, City Civil Court, Chennai, , in O.S.No.7461 of 2006. For appellants : Mr.P.Kandavelu For respondents : Mr.M.Balasubramanian JUDGMENT This Second appeal is focussed by the defendants animadverting upon the judgment and decree dated 31.10.2011 passed by the III Additional Judge, City Civil Court, Madras, in A.S.No.621 of 2008, reversing the judgment and decree dated 31.7.2008 passed by the XIV Assistant Judge, City Civil Court, Chennai, , in O.S.No.7461 of 2006, which was one for recovery of possession.2. The pa...


Mar 21 2013

Loganayaki Vs. V.Sivakumar

Court: Chennai

Decided on: Mar-21-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :21. 03.2013 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU Civil Revision Petition [PD] No.3252 of 2011 and M.P.No.1 of 2011 Loganayaki .. Petitioner -Versus- V.Sivakumar .. Respondent Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decretal order dated 28.03.2011 made in I.A.No.39 of 2010 in HMOP No.119 of 2009 on the file of the learned Subordinate Judge, Ranipet, Vellore District. For petitioner : Mr.S.Mukunth For respondent : Mr.D.Prabhu Mukuth ORDER An important question as to whether an order for maintenance pendente lite passed under Section 24 of The Hindu Marriage Act, by a civil court [other than Family Courts constituted under The Family Courts Act, 1984] is appealable or not, has come up for consideration in this revision petition.2. The petitioner is the wife of the respondent. The respondent has filed HMOP No.119 of 2009 on the file of the learned Subordinate Judge, Ranipet, Ve...


Mar 21 2013

N.Annapoorna Vs. P.Vijayakumar

Court: Chennai

Decided on: Mar-21-2013

In the High Court of Judicature at Madras Dated:21. 03.2013 Coram: The Honourable Mr.Justice M.Jaichandren and The Honourable Mr.Justice M.M.Sundresh O.S.A. Nos.29 to 31 of 2013 N.Annapoorna .. Appellant in all the OSAs. vs. 1.P.Vijayakumar 2.P.V.Pravarshika 3.Minor P.V.Neharika 4.K.Jayachandran .. Respondents in all the OSAs. PRAYER: Appeals are filed under Order xxxvi rule 9 of the O.S. Rules r/w.Clause 15 of the Letters Patent as against the order dated 7.8.2012 passed in OA Nos.549/2012, Application Nos.2963 and 2964 of 2012 in C.S.No.830 of 2010. For appellant : Mrs.Nalini Chidambaram Senior Counsel for M/s.C.Uma, N.R.R.Arun Natarajan & Kavitha Deenadayalan For respondents : Mr.K.Premkumar for R1 to R3 Mr.Mutharasu for R4. ----- COMMON JUDGMENT [Judgment of the Court was delivered by M.M.Sundresh, J.] The appellant was the applicant before the learned single Judge. Two applications, viz., Application Nos.1044 and 1045 of 2010 have been filed by the appellant, [i] seeking an in...


Mar 21 2013

S.Antony Vs. State

Court: Chennai

Decided on: Mar-21-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:21. 03/2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN Crl.R.C.No.437 of 2012 M.P.No.1 of 2012 S.Antony Jayaraj ... Petitioner Vs. State by The Inspector of Police, CCIW CID, Coimbatore Rural Unit, Coimbatore. Cr.No.6 of 2005 ... Respondent PRAYER : Criminal Revision is filed under Sections 397 and 401 of Cr.P.C., to call for the entire records in so far relates to the order passed in C.M.P.No.225 of 2008 in C.C.No.3 of 2006, dated 01.02.2011, on the file of Judicial Magistrate-IV, Coimbatore, Coimbatore District and set-aside the same in so far relates to the petitioner is concerned. For Petitioner : Mr.C.Prakasam For Respondent : Mr.C.Balasubramaniam Additional Public Prosecutor ******* O R D E R The short facts of the case are as follows:- The revision petitioner herein / second accused has filed C.M.P.No.225 of 2008, on the file of Judicial Magistrate not IV, Coimbatore to discharge him from the criminal proceedings in C.C.No.3 of 200...


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