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Chennai Court March 2013 Judgments

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Mar 15 2013

Sp.Chockalingam Vs. Controller of Patents

Court: Chennai

Decided on: Mar-15-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :15. 03.2013 CORAM : THE HONOURABLE MR.JUSTICE S.TAMILVANAN W.P.No.8472 of 2006 SP.Chockalingam .. Petitioner Vs.1. Controller of Patents Intellectual Property Rights Building, GST Road, Guindy, Chenna032. 2. Union of India Rep. by Ministry of Commerce & Industry Departmental of Industrial Policy and Promotion, Udyog Bhawan, New Delh011. .. Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Declaration, declaring that the amendment introduced to Section 126 of the Patents Act, 1970, by Section 67 (a) of the Patents (Amendment) Act, 2005 (Act 15 of 2005) as illegal, unconstitutional, ultra vires and void. For Petitioner : Mr.SP.Chockalingam, party-in-person For Respondents : Mr.S.Udayakumar, SCGSC O R D E R This writ petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of Writ of Declaration, to declare the amendment introdu...


Mar 15 2013

National Insurance Co. Ltd. Vs. Krishnan

Court: Chennai

Decided on: Mar-15-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :15. 03.2013 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR C.M.A.No.3006 of 2012 M.P.No.1 of 2012 The National Insurance Co. Ltd., Tiruchengod211. Namakkal District. .. Appellant vs. 1.Krishnan 2.Krishnan .. Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, against the Judgment and decree of the Motor Accidents Claims Tribunal (Sub Court), Sankari, made in M.C.O.P.No.459 of 2008, dated 30.06.2011. For Appellant : Mr.S.Arun Kumar For Respondents : Mr.C.Kulanthaivel Being aggrieved by the finding, fastening liability on the Insurance Company to pay compensation and also the quantum of compensation of Rs.3 Lakhs, awarded with interest at the rate of 7.5% per annum, from the date of claim, National Insurance Company Ltd has filed this appeal.2. Short facts leading to the appeal are as follows: On 10.11.2007, about 7.30 P.M., when the respondent was travelling as a passenger in a Jeep, bearing Registration no...


Mar 15 2013

Palanisamy Vs. K.K.Velusamy

Court: Chennai

Decided on: Mar-15-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:15. 03.2013 CORAM THE HONOURABLE MR. JUSTICE S.MANIKUMAR C.R.P. NPD No.850 of 2013 AND M.P.No.1 o1. Palanisamy 2.Eswari 3.Muthalagi .. Petitioners ..vs.. 1.K.K.Velusamy 2.Dr.K.V.Selvakumar 3.A.Tamilselvan .. Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order dated 30.01.2013 made in I.A.No.528 of 2012 in A.S.No.63 of 2012 on the file of the Principal District Judge, Erode. For Petitioners : Mr.N.Manokaran O R D E R Being aggrieved by the dismissal of an application in I.A.No.528 of 2005, filed under Order 41 Rule 27 of CPC and Section 45 of the Evidence Act to get an expert opinion by comparing the handwriting found in Exs.A3 and A4, with the admitted handwriting of the second respondent, by getting the same from him, the civil revision petition has been filed. The plaintiffs are the revision petitioners.2. The very prayer made in the interlocutory application makes...


Mar 15 2013

M/S.Cholamandalam Ms General Insurance Vs. 1.Mani

Court: Chennai

Decided on: Mar-15-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15. 03/2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.(MD)No.424 of 2012 & M.P.(MD)No.1 of 2012 M/s.Cholamandalam MS General Insurance Company Limited, "Dare House, 2nd Floor, NSC Bose Road, Chennai 001. ... Appellant Vs. 1.Mani 2.Karuppasamy ... Respondents PRAYER Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set-aside the judgment and decree dated 29.06.2011 made in M.C.O.P.No.66 of 2009, on the file of Motor Accidents Claims Tribunal, Principal Sub Court, Tirunelveli. !For Appellant : Mr.S.Srinivasa Raghavan ^For Respondents : Mr.A.Thiruvaikumar - - - The appellant / second respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.66 of 2009, on the file of Motor Accidents Claims Tribunal, Principal Sub Court, Tirunelveli.2. The short facts of the case are as follows:- The petitioner has filed the claim in M.C.O.P.No.66 of 2009, claiming c...


Mar 15 2013

M.Solaikannan Vs. 1.The Cabinet Secretary

Court: Chennai

Decided on: Mar-15-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15. 03/2013 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM AND THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P(MD)No.2246 of 2013 and M.P(MD)Nos.1 to 5 of 2013 M.Solaikannan ... Petitioner Vs. 1.The Cabinet Secretary to the Union Cabinet, Union Secretariat, New Delhi 001. 2.The National Security Advisor to the Honourable Prime Minister, Prime Minister's Secretariat, New Delhi 001. 3.The Foreign Secretary, Union of India, Central Secretariat, New Delhi 001. ... Respondents Prayer Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus against the respondents to consider the representation dated 21.01.2013. !For Petitioner... Mr.W.Peter Ramesh Kumar ^ * * * * * :ORDER M.SATHYANARAYANAN,J The petitioner who claims to be the President of Madurai District Hindu People Party, has filed this Public Interest Litigation, praying for issuance of a writ of Mandamus, directing the respondents, namely, (i) The Cabinet ...


Mar 15 2013

C.Susila Devi Vs. S.Govindan

Court: Chennai

Decided on: Mar-15-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :- 15 .03.2013 Coram The Hon'ble Mr. Justice K.RAVICHANDRABAABU C.R.P.(PD) No. 894 o1. C.Susila Devi 2. C.Govindaraj Gupta 3. C.Aswin Kumar represented by Power Agent G.Govindaraj Gupta .. Petitioners Vs S.Govindan Proprietor Sundram Silks No.278, Pycrofts Road,Triplicane, Chennai 5. .. Respondent Civil Revision Petition filed against the judgment and decree dated 11.12.2009 made in R.C.A No.393 of 2008 on the file of the VII Court of Small Causes at Madras against the order dated 27.3.2008 made in R.C.O.P.No.899 of 1999 on the file of the XVI Court of Small Causes at Madras. For Petitioners :- Mr.P.B.Ramanujam For Respondents :- Mr.L.Chandrakumar for M/s.N.Srinivasulu ORDER The landlords are the revision petitioners. They are aggrieved against the judgment and decree passed by the Rent Control Appellate Authority whereby their application seeking for eviction of the respondent/tenant filed under Section 10(3)(c) of Tamil Nadu Buildings (...


Mar 15 2013

Karuppasamy Vs. 1.Vijaya

Court: Chennai

Decided on: Mar-15-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15. 03/2013 CORAM THE HON'BLE MRS.JUSTICE ARUNA JAGADEESAN CRL.R.C.(MD) No.303 of 2009 Karuppasamy ... Petitioner/Respondent Vs. 1.Vijaya 2.Rathika(Minor) rep. by the first respondent as natural guardian ..Respondents/Petitioners Prayer Criminal revision petition filed under Section 397 r/w 401 of Criminal Procedure Code to call for the records from the Trial Court to duly set aside the order passed by the Judicial Magistrate Court not I, Kulithalai made in Cr.M.P.No.3086 of 2008 dated 10.07.2009 and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. !For Petitioner ... Mr. K.Asok Kumar Ram ^For Respondents... Mr. S.Ravi :ORDER This revision is filed against the order passed by the learned Judicial Magistrate No.1, Kulithalai, in Cr.M.P.No.3086 of 2008 dated 10.07.2009 allowing the petition filed for recovery of arrears of maintenance from the period 04.09.2006 to 04.09.2007.2. Th...


Mar 15 2013

National Insurance Co Ltd Vs. P.Alagesan

Court: Chennai

Decided on: Mar-15-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :15. 03.2013 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR C.M.A.No.3711 of 2012 M.P.No.1 of 2012 M/s.National Insurance Co. Ltd., D.O.II, Balaji Tower, II Floor, R.K.Road, Salem-7. ... Appellant v. P.Alagesan ... Respondent Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, against the Judgment and decree of the Motor Accident Claims Tribunal (Subordinate Judge), Sankari, made in M.C.O.P.No.17 of 2010, dated 23.09.2011. For Appellants : Mr.G.Udayasankar In the accident, which occurred on 29.09.2009, a 45 year old, owner-cum-driver of a lorry, sustained injuries. He was treated in various hospitals. He claimed compensation of Rs.3,00,000/-. The claim was made only against the Insurance Company. On evaluation of pleadings and evidence, the Claims Tribunal held that the Insurance Company is liable to pay compensation and quantified the same at Rs.1,65,000/- with interest at the rate of 7.5% per annum. Challenging the l...


Mar 15 2013

M.Thirunavukkarasu Vs. P.T.S.M.Dhasthagir

Court: Chennai

Decided on: Mar-15-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :15. 03.2013 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR C.M.A.No.3212 of 2012 M.Thirunavukkarasu ... Appellant v.1. M/s.P.T.S.M.Dhasthagir 2. The National Insurance Company Ltd., No.751, Anna Salai, Chennai-2. ... Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, against the Judgment and decree, dated 16.09.2008, made in M.C.O.P.No.2016 of 2005, on the file of Motor Accident Claims Tribunal (II Small Causes Court), Chennai. For Appellant : Mr.V.Mohan Choudary For 2nd respondent : Mr.M.Krishnamoorthy In the accident, which occurred on 12.04.2005, an interior decorator, aged about 22 years and stated to have earned Rs.3,000/- and sustained a Grade III Compound Fracture of both bones in the left leg and other injuries, claimed compensation of Rs.4,00,000/-. He was a pillion rider, in a motorcycle, bearing Registration not TN 0.AF 8430.which was driven by one Prakash Pandian. In the accident, both the rid...


Mar 14 2013

Naseerulah Vs. State

Court: Chennai

Decided on: Mar-14-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :14. 03.2013 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN CRL.R.C.No.777 of 2010 Naseerulah .. Petitioner Vs. 1.State by:- Sub-Inspector of Police, Coonoor. 2.G.Subramaniya Karthick, Secretary, Tamil Nadu Ecological Animal Protection Society(TEAPS), No.47, Vijayanagar Palace Road, Ooty 001. .. Respondents (Impleaded the second respondent as per order of this Court dated 18.08.2010 in M.P.No.1 of 2010) PRAYER: Criminal Revision is filed under Section 397 and 401 of Cr.P.C., against the order in C.M.P.No.2710 of 2010, dated 23.06.2010 passed by the learned Judicial Magistrate, Coonoor dismissing the petition for return of property and seeks to set aside the same prays for return of the seized animals. For Petitioner : M/s.A.Madhumathi For Respondent 1 : Mr.R.Prathap Kumar Government Advocate (Crl. side) For Respondent 2 : Mr.M.Santhana Raman *** ORDER This Criminal Revision Case has been filed against the order of dismissal of the applicati...


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