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Chennai Court April 2013 Judgments

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Apr 12 2013

K.Ramesh Kumar Vs. State

Court: Chennai

Decided on: Apr-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :12. 04.2013 CORAM THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN Crl.O.P.No.9879 of 2013 and M.P.No.1 of 2013 K.Ramesh Kumar ... Petitioner vs. State represented by its Deputy Superintendent of Police, NIB CID, Chennai. (Crime No.69 of 2012) ... Respondent Prayer : Petition is filed under Section 482 of Cr.P.C. praying to quash the charge framed against the accused under Section 28 of the NDPS Act in C.C.No.37 of 2012 on the file of the learned Principal Special Court under EC & NDPS Act, Chennai. For Petitioner : Mr.H.Manivannan For Respondent : Mr.M.Maharaja, Additional Public Prosecutor ORDER The petitioner has challenged the Suo-motu decision taken by the Trial Court to send the contraband for Chemical analysis for the second time.2. The facts of the case are as follows: (i) The Inspector of Police NBCID, on information, recovered 800 grams of Cocaine from the accused and recorded the confession statement, on the basis of information p...


Apr 12 2013

Western Cans Pvt Ltd Vs. the Official Liquidator

Court: Chennai

Decided on: Apr-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:12. 04/2013 CORAM THE HON'BLE MR.JUSTICE VINOD K.SHARMA Comp.A.No.73 of 2013 in C.P.No.303 of 2010 WESTERN CANS PVT LTD VS THE OFFICIAL LIQUIDATOR FOR PETITIONER : ARUN ANBUMANI FOR RESPONDENT : OFFL LIQUIDATOR ORDER: VINOD K SHARMA,J., This application has been filed to permit the petitioner to proceed with the execution petition being E.P.No.88/07-09-2012, pending in the Court of learned Additioinal District Judge, Gurgaon, Haryana.2. M/s.Western Cans Private Limited / applicant seeks leave of this Court to continue with the Execution of proceedings instituted by it against the company in liquidation, i.e. M/s.Rayalseema Commodities Limited (formerly M/s.Sudarshan Overseas Limited).3. It is pleaded, that the applicant entered into a Memorandum of Understanding (MOU) with the company in liquidation on 19.01.2009 for supply of metal cans. The price and quantity to be supplied was agreed between the parties and the company in liquidation h...


Apr 12 2013

Hoewitzer Organic Chemical Co. Vs. Director General of Foreign Trade

Court: Chennai

Decided on: Apr-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:12. 4.2013 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.No.24371 of 2012 Hoewitzer Organic Chemical Co. Door No.19, 1st Cross Street VOC Nagar East, Chenna102. rep. by its Proprietor, Sanjay Thanvi .. Petitioner Vs.1. The Director General of Foreign Trade Ministry of Commerce Udyog Bhawan, New Delh011. 2. The Deputy Director General of Foreign Trade Office of the Director General of Foreign Trade Ministry of Commerce, Udyog Bhawan New Delh011. 3. The Foreign Trade Development Officer Office of the Director General of Foreign Trade Ministry of Commerce, Udyog Bhawan New Delh011. 4. The Commissioner of Customs (Seaports Exports) No.33, Rajaji Salai, Customs House Chenna001. 5. The Assistant Commissioner of Customs (DFIA) No.33, Rajaji Salai, Customs House Chenna001. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents herein to accept the transferable ...


Apr 12 2013

G.Sundaraarajan Vs. State of Tamil Nadu

Court: Chennai

Decided on: Apr-12-2013

In the High Court of Judicature at Madras Dated:12. 04.2013 Coram The Honourable Mr.JUSTICE M.JAICHANDREN and The Honourable Mr.JUSTICE M.M.SUNDRESH Writ Appeal No.1726 of 2011 G.Sundaraarajan .. Appellant Vs.1. The State of Tamil Nadu Represented by its Secretary to Home Department, Fort St. George, Chennai 9.2. The Additional Director-General of Prisons, Egmore, Chennai 8. .. Respondents APPEAL under Clause 15 of the Letters Patent against the final order dated 23.12.2010 made in W.P.No.21797 of 2009 on the file of this Court. For Appellant : Mr.R.Krishnamoorthy, S.C. For Mr.P.I.Thirumoorthy For Respondents : Mr.S.Gunasekaran, Govt. Advocate R1 & R2 -------- (Judgment of the Court was delivered by M.M.SUNDRESH,J.) This appeal has been preferred by the appellant being aggrieved against the dismissal of the Writ Petition filed by him by which the order impugned has been confirmed.2. The appellant herein was appointed as a Assistant Jailor by way of direct recruitment through the T...


Apr 12 2013

Orchid Chemicals Pharmaceuticals Ltd Vs. Wockhardt Limited

Court: Chennai

Decided on: Apr-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :12. .04.2013 Coram The Honourable Mr.Justice M.JAICHANDREN and The Honourable Mr.Justice M.M.SUNDRESH Original Side Appeal No.71 of 2013 & M.P.No.1 of 2013 Orchid Chemicals & Pharmaceuticals Ltd., A company incorporated under the Companies Act, 1956, having its registered office at 313, Valluvar Kottam High Road, 'Orchid Towers', Nungambakkam, Chennai-600 034. rep. by Ms.Bhoomijha Murali Sr.G.M.Legal & Company Secretary. ... Appellant Vs. Wockhardt Limited, D-4, M.I.D.C. Chikalthana, Aurangabad-431 210, Maharashtra. ... Respondent Original Side Appeal filed under Order XXXVI Rule 1 of the Original Side Rules, 1956, read with Clause 15 of the Letters Patent against the order dated 06.07.2012 in O.A.No.30 of 2012 in C.S.No.19 of 2012. For appellant : Sri.R.Muthukumarasamy Senior Counsel for M/s C.Daniel & Gladys Daniel For respondent : Sri.P.S.Raman, S.C., for M/s Shivakumar & Suresh JUDGMENT M.M.SUNDRESH,J.This origina...


Apr 12 2013

Neelamega Bhatta Charyar Vs. Arulmighu Devanatha Swamy Temple at Thiru ...

Court: Chennai

Decided on: Apr-12-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :12. 04.2013 Coram: THE HONOURABLE MR.JUSTICE G. RAJASURIA S.A.No.702 of 2000 and C.M.P.No.641 of 2009 Neelamega Bhatta Charyar .. Appellant Vs. Arulmighu Devanatha Swamy Temple Thiruvendhipuram rep.by its Executive Officer Thiruvendhipuram Cuddalore .. Respondent This second Appeal is focussed as against the judgment and decree dated 20.09.1999 passed by the learned Subordinate Judge, Vridhachalam in A.S.No.4 of 1999 in confirming the judgment and decree dated 28.10.1997 passed by the learned Principal District Munsif, Cuddalore in O.S.No.205 of 1996. For appellant : Mr.T.V.Ramanujam, Senior counsel for Mr.Velayutham Pichaya For Respondent : Mrs.Chitra Sampath, Senior counsel for Mr.T.S.Baskaran JUDGMENT This second appeal is focussed by the plaintiff, animadverting upon the judgment and decree dated 20.09.1999 passed by the learned Subordinate Judge, Vridhachalam in A.S.No.4 of 1999 in confirming the judgment and decree dated 28.10.1997...


Apr 10 2013

Managing Director of Tamil Nadu State Transport Corporation Vs. R.Anja ...

Court: Chennai

Decided on: Apr-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :10. 04.2013 CORAM THE HON'BLE MR.JUSTICE P.DEVADASS C.M.A.No.2140 OF 200.AND M.P.NO.1 OF 201.The Managing Director, Tamil Nadu State Transport Corporation Ltd., (VPM), No.3/137, Salamedu, Vazhuthareddy, Villupuram-605 602. .. Appellant Vs. 1.R.Anjammal 2.R.Sukumar 3.R.Dinesh (minor) 4.R.Vembu (minor) 5.R.Vignesh (minor) 6.R.Vinodh (minor) (Minor respondents are rep. by their mother and natural guardian, the first respondent herein) .. Respondents This C.M.A. is preferred under Section 173 of the Motor Vehicles Act,1988 against the award made in MCOP No.4004 of 2006, dated 23.04.2008 by the Motor Accident Claims Tribunal / Chief Judge, Court of Small Causes, Chennai. For Appellant : Mr.B.Vijayalakshmi For Respondents : Mr.G.Balaji Prasad - - - - - JUDGMENT Aggrieved against the award passed by the Claims Tribunal, the State Transport Corporation directed this appeal. 2.On 15.5.2006, in a road accident involving the driver of the appellant...


Apr 10 2013

Aee Castings Limited Vs. S.P.Nachiappan

Court: Chennai

Decided on: Apr-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:10. 04.2013 CORAM: THE HONOURABLE MR.JUSTICE VINOD K.SHARMA Comp.Appeal No. 22 o1. M/s.AEE Castings Limited, Regd. Office:31. A 'Ramu Complex' Arcot Road, Saligramam, Chennai-600 093. Factory: A-1, F-11, Marimalai Nagar, Industrial Estate, Tamil Nad209. 2. S.Venkatesan 3. Mrs.V.Jayashankari .. Appellants -vs- 1. S.P.Nachiappan 2. N.Murugappan .. Respondents Prayer: Company Appeal is filed under Section 10-F of the Companies Act, 1956 against the order dated 20.04.2009 and received by the appellants on 22.04.2009 made by the Company Law Board, Additional Principal Bench, Chennai. For Petitioners : Mr.N.S.Sivakumar For Respondents : Mr.S.Satish ***** O R D E R This appeal is directed against the order dated 20.04.2009, received by the appellants on 22.04.2009 of the learned Company Law Board, Additional Principal Bench, Chennai.2. In view of the dismissal of Company Appeal No. 19 of 2009, this appeal has been rendered infructuous. Consequen...


Apr 10 2013

National Insurance Co. Ltd. Vs. Malliga

Court: Chennai

Decided on: Apr-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:10. 04.2013 CORAM THE HONOURABLE Mr. JUSTICE P.DEVADASS C.M.A.No.3044 of 2008 and M.P.No.1 of 2008 National Insurance Co. Ltd., Rep. By its Branch Manager, No.88-F, Bypass Road, Dharmapuri. .. Appellant Vs. 1.Malliga 2.P.Alliraj .. Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 29.06.2007 made in M.A.C.T.O.P.No.272 of 2003 by the Motor Accidents Claims Tribunal (Subordinate Judge), Dharmapuri. For Appellant : Mr.M.Krishnamoorthy For Respondents : Mr.C.Prabakaran for R1 R2- Exparte The Insurance Company questions the quantum of compensation awarded.2. The road accident was on 11.7.2003. The injured/first respondent was then 40 years old. An agricultural coolie. PW2 determined her disability at 65%. The Tribunal totally awarded her Rs.3,50,295/-. It includes Rs.1,30,000/- towards disability, Rs.30,000/- towards future medial expenses and Rs.30,000/- ...


Apr 10 2013

Sundaram Finance Limited Vs. M.Shankar

Court: Chennai

Decided on: Apr-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:10. 04/2013 CORAM THE HON'BLE MR.JUSTICE VINOD K.SHARMA A.No.157 of 2013 M/S. SUNDARAM FINANCE LIMITED 2 PATULLOS ROAD CHENNAI 2 VS MR M SHANKAR 6 1 CCV NAIDU SALAI NGGO COLONY TIRUVALLUR ORDER This application has been filed for appointing Advocate Commissioner to seize and deliver 2011 Model Mahindra XYLO, Registration not TN-20-BE-6784, bearing Chassis not MA1YA2JGKB2B20731 and Engine not JGB4B51508 to the custody of the applicant and also permit the Advocate Commissioner to obtain police aid and break open the premises.2. It is submitted, that in the course of applicant's business, the respondent entered into a loan agreement dated 26.03.2011 bearing Contract not FZ305900 with the applicant for purchase of the vehicle in dispute from M/s.MPL Automobiles Agency Private Limited. The vehicle is hypothecated as security for the loan advanced by the applicant.3. Ms.S.Sujatha stood as guarantor for the loan. The loan availed by the responde...


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