Chennai Court April 2013 Judgments
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Sarojini Vs. N.A.Kandaswamy
Court: Chennai
Decided on: Apr-09-2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:09. 04.2013 CORAM THE HONOURABLE Mr.JUSTICE S.PALANIVELU A.S.No.988 o1. Sarojini 2.Lakshmi 3.Vellammal @ Velumani .. Defendants 2 to 4 / Appellant vs. N.A. Kandaswamy .. Plaintiff/Respondent Appeal Suit is filed under Section 96 of the Civil Procedure Code against the Judgment and Decree passed by the Learned Additioal District cum Sessions Judge (Fast Track Court No.111), Coimbatore, in O.S.No.634 of 2004 dated 26.7.2006. For Appellant ... Mrs.P.T. Asha for M/s. Sarvabhuman Associates For Respondents ... Mr.T.R.Rajagopalan Senior Counsel for M/s.R.R. Rajaraman JUDGMENT 1 The following are the averments contained in the plaint filed in O.S.No.634 of 2004:1. (a) Plaintiff entered into an agreement of sale with the defendants on 29.11.1996 by and under which the defendants agreed to sell the property more fully described in the plaint schedule to the plaintiff for a sum of Rs.7,30,000/-. On the date of the agreement itself the plaintiff pai...
i.Kader Batcha Vs. 1.The Principal Secretary to Government,
Court: Chennai
Decided on: Apr-09-2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09. 04/2013 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.(MD).Nos.5647 of 2013 & M.P.(MD).Nos.1 & 2 of 2013 I.Kader Batcha .. Petitioner Vs. 1.The Principal Secretary to Government, Home (Pol.2) Department, Secretariat, St.George Fort, Chennai-9. 2.The Director General of Police, Foreshore estate, Chennai. 3.The Superintendent of Police Civil Supplies CID, Madurai Zone, Madurai. .. Respondents Prayer Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records on the file of the first respondent's letter No.96743/Pol.2/2009-8, dated 24.08.2010 and quash the same and further to direct the first respondent to pass orders by considering the representation of the petitioner dated August 2012. !For Petitioner ... Mr.G.M.Xavier ^For Respondents... Mr.S.Chandrasekar :ORDER The Petitioner is an Inspector of Police. He seeks promotion as Deputy Superin...
Paramasiva Gounder Vs. S.P.Muthusamy
Court: Chennai
Decided on: Apr-09-2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :09. 04.2013 Coram: THE HONOURABLE MR.JUSTICE G. RAJASURIA S.A.No.1279 of 2010 and M.P.No.1 o1. Paramasiva Gounder 2. Karuppanna Gounder .. Appellants vs. S.P.Muthusamy .. Respondent This second Appeal is focussed as against the judgment and decree dated 15.03.2010 passed by the learned Principal District Judge, Erode in Cross Appeal in A.S.No.112 of 2009 in confirming the judgment and decree dated 22.06.2009 passed by the learned Principal Subordinate Judge, Erode in O.S.No.173 of 2007. For appellants : Mr.P.Valliappan For Respondent : Mr.N.Manokaran JUDGMENT This second appeal is focussed by the defendants, animadverting upon the judgment and decree dated 15.03.2010 passed by the learned Principal District Judge, Erode in Cross Appeal in A.S.No.112 of 2009 in confirming the judgment and decree dated 22.06.2009 passed by the learned Principal Subordinate Judge, Erode in O.S.No.173 of 2007.2. The parties are referred to here under accordi...
Srinivasa Naicker Vs. 1.Kaliappan Alias Kalipandi.
Court: Chennai
Decided on: Apr-09-2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09/04/2013 CORAM THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN C.R.P.(PD)(MD)No.556 of 2012 & C.R.P.(PD)(MD)No.557 of 2012 & M.P(MD)No.1 of 2012 in C.R.P.(PD)(MD)No.556 of 2012 C.R.P.(PD)(MD)No.556 of 2012 Srinivasa Naicker ... Petitioner/1st Respondent/ 1st Defendant Vs 1.Kaliappan alias Kalipandi... 1stRespondent/Petitioner /Plaintiff 2.Ramanuja Naicker 3.Ayalusamy Naicker ... Respondents 2 & 3/ Respondents 2 & 3/ Defendants 2 & 3 Prayer Civil Revision Petition filed under Article 227 of the Constitution of India to allow the civil revision petition by setting aside the fair order and decreetal order passed in I.A.No.937 of 2011 in O.S.No.297 of 2010 dated 09.08.2011 on the file of the Principal District Munsif Court, Sankarankovil. C.R.P.(PD)(MD)No.557 of 2012 Srinivasa Naicker ... Petitioner/1st Respondent/ 1st Defendant Vs 1.Kaliappan @ Kalipandi ... 1st Respondent/Petitioner /Plaintiff 2.Ramanuja Naicker 3.Ayalusa...
Balchamy Vs. 1.The District Collector,
Court: Chennai
Decided on: Apr-09-2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09. 04/2013 CORAM THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN and THE HONOURABLE MRS.JUSTICE S.VIMALA W.P.(MD)No.13721 of 2009 Balchamy .. Petitioner Vs 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Executive Officer, Vasudevanallur Town Panchayat, Vasudevanallur-627 758, Sivagiri Taluk, Tirunelveli District. 3.The Commissioner, Vasudevanallur Panchayat Union, Vasudevanallur, Sivagiri Taluk, Tirunelveli District. .. Respondents Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to keep and provide the passengers' shelter with seats and other amenities by removing the unlawful, illegal encroachers from the spaces not meant for the same in Vasudevanallur Bus Stand within the jurisdiction of the second respondent herein in Sivagiri Taluk, in Tirunelveli District by following the circular issued by the Commissioner of Town Panchayats, Chen...
Hinduja Leyland Finance Vs. Kailash Chandra Sethi
Court: Chennai
Decided on: Apr-09-2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:09. 04/2013 CORAM THE HON'BLE MR.JUSTICE VINOD K.SHARMA A. No.5029 of 2012 HINDUJA LEYLAND FINANCE REP BY ITS AUTHORISED REPRESENTATIVE R KUMARAN VS MR. KAILASH CHANDRA SETHI PUTIBANDH, DHANUPALI ORISSA 76 005 ORDER This application under Order XIV Rule 8 of O.S. Rules read with sec.9(ii)(b) & (e) of Arbitration and Conciliation Act, 1996 have been filed by M/s.Hinduja Leyland Finance Ltd., seeking an order to appoint an Advocate Commissioner to seize and deliver the vehicle, which is available at the respondent's premises at Putibandh, Dhanupali, Orissa. 2 The question to be determined in this case is "whether the provision of section 9 of the Arbitration and Conciliation Act, can be invoked to use the High Court as a Recovery Agent by Finance Companies/Banks to seize the vehicle ex-parte, without giving an opportunity of hearing to the respondent/ borrower, by seeking appointment of Advocate Commissioner, to seize the vehicle e...
Management of Meenakshipettai Cotton and Silk Weavers Coop. Vs. Deputy ...
Court: Chennai
Decided on: Apr-09-2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 09 04.2013 CORAM THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.13175 of 2005 The Management of Meenakshipettai Cotton & Silk Weavers Co-operative Society, Cuddalore Taluk, Cuddalore District. .. Petitioner Vs.1. The Deputy Commissioner of Labour (Minimum Wages), Labour Welfare Board Building, Teynampet, Chenna006. 2. N.Balu .. Respondents Writ petition filed under Article 226 of the Constitution of India, praying this Court for issuance of Writ of Certiorari to call for the records of the first respondent pertaining to his order dated 22.11.2004 made in TSE II-18/2001 and quash the same. For Petitioner ... Mr.S.Sivashanmuga Sundaram For 1st Respondent ... Mr.S.V.Durai Solaimalai, Additional Govt. Pleader For 2nd Respondent ... Mr.C.Prakasam ORDER The writ petition has been filed by the Management of Meenakshipettai Cotton & Silk Weavers Cooperative Society challenging the order dated 22.11.2004 in TSE II-18/2001 passed by the first res...
Citicorp Finance India Ltd. Vs. Padmanabhan Nair
Court: Chennai
Decided on: Apr-09-2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:09. 04/2013 CORAM THE HON'BLE MR.JUSTICE VINOD K.SHARMA A. No.6262 of 2010 M/S. CITICORP FINANCE (INDIA) LTD REP BY ITS MANAGER CHENNAI 8 VS MR. PADMANABHAN NAIR ORDER This application under Order XIV Rule 8 of O.S. Rules read with sec.9(ii) (e) of Arbitration and Conciliation Act, 1996 has been filed by M/s.Citicorp Finance India Ltd. to appoint an Advocate Commissioner to seize and deliver the subject property from the premises of the respondent with police aid and break open of premises if necessary. 2 The question to be determined in this case is "whether the provision of section 9 of the Arbitration and Conciliation Act, can be invoked to use the High Court as a Recovery Agent by Finance Companies/Banks to seize the vehicle ex-parte, without giving an opportunity of hearing to the respondent/ borrower, by seeking appointment of Advocate Commissioner, to seize the vehicle even without serving notice of petition along with the doc...
Rajatha Mahal Jewellers Vs. Government of Tamil Nadu
Court: Chennai
Decided on: Apr-09-2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:09. 04.2013 CORAM THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR W.P.No.7677 o1. M/s.Rajatha Mahal Jewellers Prop. K.V.Jayaprakash H-499, Avenue Road Bangalor002. 2.D.Diwakar 3.K.J.Deepak .. Petitioners -Vs- 1. The Secretary Government of Tamil Nadu Commercial Taxes and Registration Department, Fort. St. George Chenna009. 2. The Arbitrator District Court of Chit Cases Central Chennai, No.26 Rajaji Salai, Chenna3. M/s.Sree Gokulam Chits and Finance Company (P) Ltd., No.49, Arcot Road Chenna024. ...Respondents Writ petition filed under article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records in ARC No.2189/04 form the first rspondent and to quash the order passed by the first respondent dated 18,.01.2007 confirming the order passed by the arbitrator in ARC No.2189 of 2004 dated 05.12.2005 and to direct the first respondent to remand the matter to the arbitrator for conducting the proceedings. Fo...
1.The State of Tamil Nadu, Rep. by Its Vs. V.Alagumalai
Court: Chennai
Decided on: Apr-09-2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09. 04/2013 CORAM THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN and THE HONOURABLE MRS.JUSTICE S.VIMALA W.A.(MD)No.1290 o1. The State of Tamil Nadu, rep. By its Secretary to Government, Environment and Forests Department, Secretariat, Chennai-600 009. 2.The Principal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai-600 015. .. Appellants Vs V.Alagumalai .. Respondent Appeal filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P.(MD)No.12244 of 2011 dated 16.04.2012. !For Appellants... Mr.M.Govindan, Spl.GP ^For Respondent... Ms.Geetha for Mr.M.Ravi :JUDGMENT (Judgment of the Court was delivered by CHITRA VENKATARAMAN, J.) The State is on appeal as against the order of the learned single Judge dated 16.04.2012 in W.P.(MD)No.12244 of 2011. 2.The writ petitioner / respondent herein is a Forest Ranger. The next avenue of promotion from the post of Forest Ranger is Assistant Conservator of...
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