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Chennai Court June 2013 Judgments

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Jun 17 2013

Indian Overseas Bank Vs. C.R.Chandrasekaran

Court: Chennai

Decided on: Jun-17-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED1706.2013 CORAM THE HONOURABLE MR. R.K.AGRAWAL, THE ACTING CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.A.Nos.355 of 2013 and W.A.Nos.688 to 690 of 213 and M.P.Nos.1, 1, 1 of 2013 W.A.No.355 of 2013 1.Indian Overseas Bank rep. by the Chairman & Managing Director, Central Officer, 762, Anna Salai, Chennai-600 002. 2.The Competent Authority for Pension Regulations, (General Manager) Indian Overseas Bank, Central Officer, 763, Anna Salai, Chennai-600 002. .. Appellants Vs. C.R.Chandrasekaran .. Respondent W.A.Nos.688 to 690 of 2013 1.Canara Bank Rep. by the Chairman & Managing Director, Head Office, 112, J.C. Road, Bangalore-560 002. 2.The Competent Authority, Canara Bank (Employees) Pension Regulations, 1995, Canara Bank, head Office, 112, J.C.Road, Bangalore-560 002. .. Appellants Vs. 1.A.B.Kasthurirangan 2.P.Dharnam 3.S.G.Balakrishna Rao 4.M.Sudarsan 5.E.K.Athmaraman 6.K.N.Ramesh 7.P.Srinivasan 8.N.Venkataraman ...


Jun 17 2013

Kumar Vs. K.M.Maheswaran

Court: Chennai

Decided on: Jun-17-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:17. 06.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.2750 of 2009 Kumar ... Appellant Vs. 1.K.M.Maheswaran 2.Natarajan 3.The New India Assurance Company , Coimbatore-18. ... Respondents (R-1, driver of van remained exparte before the Tribunal. Hence, notice to R-1 may be dispensed with) PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and award of the Motor Accidents Claims Tribunal, Additional District Judge cum Fast Track Court No.I, Erode in M.C.O.P.No.82 of 2007, dated 24.04.2009. For Appellant : Mr.S.Kaithamalai Kumaran For Respondents : Mr.S.Manohar for R-3 R-1 and R-2 (exparte) - - - JUDGMENT The appellant / claimant has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.82 of 2007, on the file of Motor Accidents Claims Tribunal, Additional District Judge cum Fast Track Court No.I, Erode.2. The short facts of the case are as follo...


Jun 17 2013

Bhuvaneswari Vs. T.S.Balu

Court: Chennai

Decided on: Jun-17-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.06.2013 CORAM THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU C.R.P.(NPD) No.2169 of 2013 Bhuvaneswari .Petitioner ..vs.1.T.S.Balu 2.Murugesan 3.M.Karunakaran 4.Dhanam ...Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the E.A.No.90 of 2011 in E.P.No.85 of 2007 in O.S.No.222 of 2004 on the file of District Munsif Court, Attur. For Petitioner : Mr.R.Thiagarajan ORDER This civil revision petition is filed seeking for striking off the pleadings in E.A.No.90 of 2011 in E.P.No.85 of 2007 in O.S.No.222 of 2004 pending on the file of District Munsif Court, Attur. 2.The fiRs.respondent herein filed E.A.No.90 of 2011 under Order 21 Rule 97 C.P.C.for recording his obstruction in the execution proceedings. The petitioner herein being the decree holder filed the present civil revision petition seeking for the relief to strike off the said E.A.No.90 of 2011 by raising certain grounds. It is als...


Jun 17 2013

Branch Manager, Vs. 1. T. R. Senthil Raj B.E., (Civil),

Court: Chennai

Decided on: Jun-17-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17. 06/2013 CORAM THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR And THE HONOURABLE MR. JUSTICE P. DEVADASS C.M.A.No.2093 of 2002 Branch Manager, The Oriental Insurance Company Limited, V.D.S. House, 2nd Floor, Cathedral Road, Chennai - 600 036. .... Appellant / Second Respondent Vs 1. T. R. Senthil Raj B.E., (Civil), Son of T.R. Rathinasamy, Highways, Railway and Devasthanam Contractor, Cinema Theatre Owner and Agriculturist, 101, Lakshmi Puram, Palani Town. ..... First Respondent / Claimant 2. Xavier Buillot, French National, Cedar Park, Block 12 E, 4th Main Road Extension, Kottur Garden, Chennai - 600 085. ..... Second Respondent / First Respondent Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the decree and judgment dated 23.07.2001 made in M.C.O.P.No.76 of 1999 by the Subordinate Judge (Motor Accidents Claims Tribunal), Palani. !For Appellant .. Mr. B. Vijay Karthikeyan ^For Responde...


Jun 17 2013

Aysha Vs. Ozir Hassan

Court: Chennai

Decided on: Jun-17-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:17. / 06 /2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN Crl.R.C.No.674 of 2007 Aysha .. Petitioner Vs. Ozir Hassan .. Respondent PRAYER : Criminal Revision is filed under Sections 397 and 401 of Cr.P.C., to set-aside the order in M.C.No.64 of 2000, dated 28.04.2006, on the file of Family Court at Coimbatore, so far as this petitioner is concerned. For Petitioner : Mr.S.Mukunth For M/s.Sarvabhauman Associates For Respondent : No appearance ******* ORDER The short facts of the case are as follows:- The petitioner herein has filed a Maintenance Case in M.C.No.64 of 2000, on the file of Family Court, Coimbatore, against her husband and claimed a monthly maintenance of a sum of Rs.5,000/- per month for her two minor children and herself. The first petitioner stated that the respondent herein had married her on 16.09.1994 as per Muslim Customs. Immediately after the marriage both had led their marital life at Coimbatore. Out of wedlock, she g...


Jun 17 2013

Commissioner of Income Tax Vs. Jeeva Raja

Court: Chennai

Decided on: Jun-17-2013

In the High Court of Judicature at Madras Dated:17. 06.2013 Coram The Honourable Mrs.JUSTICE CHITRA VENKATARAMAN and The Honourable Ms.JUSTICE K.B.K.VASUKI Tax Case (Appeal) No.15 of 2010 Commissioner of Income Tax Chennai .... Appellant Vs.1. Jeeva Raja (Died) 2. Ilayaraja 3. Karthik Raja 4. Yuvan Shankar Raja 5. Bavadahrani .... Respondents (RR2to 5 impleaded as legal heirs of R1 by order dated 17.6.2013) APPEAL under Section 260 A of the Income Tax Act against the order dated 17.07.2009 made in I.T.A.No.2051/Mds/2008 on the file of the Income Tax Appellate Tribunal 'C' Bench for the assessment year 2005-06. For Appellant : Mr.T.R.Senthil Kumar For Respondents: Mr.G.Ashok Pathy for M/s. Pass Associates ------- JUDGMENT (Judgment of the Court was delivered by CHITRA VENKATARAMAN,J.) The above Tax Case (Appeal) is filed at the instance of the Revenue against the order of the Income Tax Appellate Tribunal for the assessment year 2005-06 by raising following substantial question of law: ...


Jun 17 2013

S.Rathinam Vs. S.A.Palanisamy

Court: Chennai

Decided on: Jun-17-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.06.2013 CORAM THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU C.R.P.(NPD) No.1832 of 2013 1.S.Rathinam 2.S.Palanisamy .Petitioners ..vs.1. S.A.Palanisamy 2. C.Senniyappan (died) 3. Marappa Goubnder (died) 4. Kandayee 5. Pavayee 6. S.N.Appusami 7. Bakkiam 8. Rukkumani 9. Sellammal 10. Marappa Gounder (died) 11. Chinnapillak @ Kuttiammal 12. Kandasamy (died) 13. Mohan 14. Kalaselvi 15. Selvaraj 16. Kunjayammal .Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decretal order dated 26.02.2013 in I.A.No.82 of 2012 in A.S.No.6 of 2008 on the file of the Sub Judge, Tiruchengode. For Petitioners : Mr.V.V.Sairam For Respondents : Mr.P.Valliappan for R1 ORDER The present civil revision petition is filed against the order made in I.A.No.82 of 2012 in A.S.No.6 of 2008 on the file of the Sub Judge, Tiruchengode in allowing the amendment petition filed by the fiRs.respondent herein....


Jun 17 2013

Govindammal Vs. S.P.Rajkumar

Court: Chennai

Decided on: Jun-17-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.06.2013 CORAM THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU C.R.P.(NPD) No.1740 of 2013 AND M.P.No.1 OF20131.Govindammal 2.Chinnapappa 3.Sankaran 4.Manokaran .Petitioners ..vs.S.P.Rajkumar ...Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decretal order dated 07.02.2013, made in I.A.No.134 of 2012 in A.S.No.4 of 2012 on the file of Principle Sub Court, Tiruvannamalai, Thiruvannamalai District For Petitioners : Mr.C.Venkatesan For Respondent : Mr.P.Mani for Caveator ORDER The present civil revision petition is filed by the appellants before the court below who are the defendants in a suit for bare injunction filed by the respondent herein. They are aggrieved against the order passed by the court below in dismissing their application filed for appointment of an Advocate Commissioner to inspect the suit property including the disputed property and the schedule mentione...


Jun 17 2013

Selvakumar Vs. V.Sridhar

Court: Chennai

Decided on: Jun-17-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:17. 06.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.2166 of 2009 Selvakumar ... Appellant Vs. 1.V.Sridhar 2.M/s.The Oriental Insurance Company Limited, 6A, Lawsons Road, Ganesh Complex, II Floor, Cantonment, Tiruchy-1. ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the award made in M.C.O.P.No.157 of 2006, on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Perambalur, dated 30.04.2009. For Appellant : Mrs.C.Sangamithirai For Respondents : R-1 (dispensed with) Mr.S.K.Krishnamurthy for R-2 - - - JUDGMENT The brief facts of the case are as follows:- On 14.02.2006, at about 08.30 a.m., the claimant was travelling in the bus bearing registration No.TN-28-D-6503, on the Perambalur Main Road and the bus was stopped to facilitate alighting of passengers. While the claimant was in the process of alighting the bus, the driver of the bus had sud...


Jun 17 2013

S.Nalladurai Vs. Sreeram Chits Tamil Nadu Pvt Ltd

Court: Chennai

Decided on: Jun-17-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.06.2013 CORAM THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU C.R.P.(NPD) No.2063 of 2013 and M.P.No.1 of 2013 S.Nalladurai .Petitioner ..vs.Sreeram Chits Tamil Nadu Pvt Ltd., Rep. By its Foreman, Thiruvanmiyur Branch, No.43, East Coast Road, Srinivasapuram, Thiruvanmiyur, Chennai 600 041..Respondent Prayer: Civil Revision Petition filed under Article section 115 of C.P.C.against the fair and decretal order made in E.A.No.2398 of 2012 in E.P.No.23 of 2012 dated 25.03.2013 pending on the file of IX Assistant Judge, City Civil Court, Chennai. For Petitioner : MrP.C.Harikumar ORDER This civil revision petition is filed against the order made in E.A.No.2398 of 2012 in E.P.No.23 of 2012 by the learned IX Assistant Judge, City Civil Court, Chennai whereby the petition filed by the petitioner herein under section 151 of C.P.C.to dismiss the execution petition was rejected. 2.The petitioner herein is the fiRs.judgment debtor in the said executio...


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