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Chennai Court June 2013 Judgments

Jun 27 2013

V.Jeevaramamoorthy Vs. Sabana Berween

Court: Chennai

Decided on: Jun-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :27. 06.2013 Coram The Hon'ble Mr. Justice K.RAVICHANDRABAABU C.R.P.(NPD) No.2150 of 2012 and M.P.No.1 of 2012 V.Jeevaramamoorthy .. Petitioner Vs Mrs. Sabana Berween .. Respondent Civil Revision Petition filed against the judgment and decree dated 4.4.2012 made in R.C.A No.29 of 2011 on the file of the VII Judge, Small Causes Court at Chennai against the order dated 7.2.2010 made in R.C.O.P.No.233 of 2010 on the file of the X Judge, Small Causes Court at Chennai. For Petitioner :- Mr.AR.L.Sundaresan Senior Counsel for M/s.S.Rajendran For Respondent :- Mr.R.Muthukumarasamy Senior Counsel for M/s.R.Karthikeyan ORDER The tenant is the Revision Petitioner. The respondent/landlord filed R.C.O.P No.233 of 2010 on the file of the learned Rent Controller, Chennai seeking for eviction of the petitioner herein on the ground of owner's occupation.2. The respondent/landlady filed the said RCOP for eviction with the following averments:- She is the o...

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Jun 27 2013

A.Arunagiri Vs. Egmore Benefit Society Ltd.

Court: Chennai

Decided on: Jun-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.6.2013CORAM:THE HON'BLE MR.JUSTICE V.RAMASUBRAMANIANC.S.Nos.339 of 1999, 995 of 1999 and 551 of 2001andTr.C.S.Nos.2 and 3 of 2003A.Arunagiri.. Plaintiff in CS 339/1999M/s.Ramu & Co.,Represented by its Partner, B.Sudha,91, C.P.Ramasamy Road,Alwarpet, .. Plaintiff in CS 995/99 & 551/01 / Chennai-18. D3 in CS 339/99A.Thayumanaguru.. Plaintiff in Tr.CS 2/03G.Anbazhagan.. Plaintiff in Tr.CS 3/03 Vs.The Egmore Benefit Society Ltd.,No.13, Flowers Road, .. D1 in CS 339/99, 551/01,Chennai-600 084. Tr.CS 2&3/03 / D2 in CS 995/99N.M.R. Investments Pvt. Ltd.,Flat No.A1, Rams Apartments,No.3, 8th Street, Gopalapuram, .. D1 in CS 995/99 /D3 in CS 551/01 Chennai-600 086. & Tr.CS 2&3/2003Sri Raj & Co.,No.14, II Floor,Sunkurama Chetty Street, .. D2 in CS 339/99 & 551/01 &Chennai-1. D3 in CS 995/99 M/s.Ramu & Co.,91, C.P.Ramasamy Road, .. D3 in CS 339/99 / D2 in Tr.CS Alwarpet, Chennai-18. 2 & 3/03 & Plai...

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Jun 27 2013

K.Sonagappa Gounder Vs. R.Selvaraju

Court: Chennai

Decided on: Jun-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:27. 06.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.2922 of 2009 K.Sonagappa Gounder ... Appellant Vs. 1.R.Selvaraju 2.M/s.Rajeev Hospital, 47-Anna Nagar, Madurai-625 020. 3.The Branch Manager, The New India Assurance Company Limited, Branch Office, No.3, Main Road, Dindigul-624 001. ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 21.07.2009 in M.C.O.P.No.304 of 2008, passed by the Motor Accidents Claims Tribunal, Ist Additional District Judge (Incharge) & Fast Track Court No.I, Erode. For Appellant : Mr.R.Nalliyappan For Respondents : Mr.J.Chandran for R-3 R-1 and R-2 (Given-up) - - - JUDGMENT The appellant / petitioner has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.304 of 2008, on the file of Motor Accidents Claims Tribunal, Ist Additional District Judge (Incharge) & Fast Track Court N...

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Jun 27 2013

Ambrose Vs. Neela Megam

Court: Chennai

Decided on: Jun-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 27.06.2013 CORAM THE HONOURABLE Mr.JUSTICE M. VENUGOPAL C.R.P.(PD)No.3104 of 2010 and M.P.No.1 of 2010 1.Ambrose 2.Victor Paul ...Petitioners/Defendants/Petitioners versus Neela Megam ...Respondent/Plaintiff/Respondent Prayer: This Civil Revision Petition is filed under Article 227 of Constitution of India as against the Order passed by the Learned Subordinate Judge, Ariyalur, in I.A.No.33 of 2009 in O.S.No.85 of 2004, dated 03.02.2010. For Petitioners : Mr.S.Kamadevan For Respondent : Mr.M.V.Krishnan ORDER The Petitioners/Defendants have filed the present Civil Revision Petition as against the Order dated 03.02.2010 in I.A.No.33 of 2009 in O.S.No.85 of 2004 passed by the Learned Subordinate Judge, Ariyalur, in dismissing the Application (filed by the Petitioners/Defendants) under Order 8 Rule 9 of the Code of Civil Procedure, praying for permission to receive the Additional Written Statement. 2.The Learned Counsel for the Petitioners/De...

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Jun 27 2013

Commissioner of Central Excise Vs. Shree Ambika Sugars Ltd.

Court: Chennai

Decided on: Jun-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :27. 06.2013 Coram The Honourable Mrs.Justice CHITRA VENKATARAMAN and The Honourable Ms.Justice K.B.K.VASUKI C.M.A.No.651 of 2006 --- Commissioner of Central Excise Central Excise Commissionerate No.1, Williams Road Tiruchirapalli-620 001 .. Appellant -vs- 1.M/s.Shree Ambika Sugars Ltd, Thukili, Kottur, Kumbakonam 2.Customs, Excise and Service Tax Appellate Tribunal Shastri Bhawan Annexe, No.26, Haddows Road Chennai-600 006 .. Respondents CMA filed under Section 35G of Central Excise Act, 1944 against the Final order passed in 1029 of 2005 dated 19.07.2005 by the Customs Excise and Service Tax Appellate Tribunal. For appellant : No appearance For respondents : Mr.S.Muthu Venkataraman for Mr.R.Karthikeyan for R1 R2-Tribunal JUDGMENT (The Judgment of the Court was made by CHITRA VENKATARAMAN, J.) The Revenue is on appeal as against the order of the Customs, Excise and Service Tax Appellate Tribunal cancelling the penalty levied under Sectio...

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Jun 27 2013

K.Akchaya Vs. State of Tamil Nadu

Court: Chennai

Decided on: Jun-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED2706.2013 CORAM THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.No.17366 OF2013& M.P.Nos.1 to 3 of 2013 K.Akchaya .. Petitioner Versus 1. The State of Tamil Nadu rep.by its The Principal Secretary to Government Department of Health and Family Welfare Government of Tamil Nadu Fort St.George Chennai 9 2. The Director of Medical Education Government of Tamil Nadu Kilpauk Chennai 10 3. The Dean Government Madurai Medical College Madurai 625 020 4. The Dean Government Mohan Kumaramangalam Medical College Salem 636 030 .. Respondents Writ petition is filed under Article 226 of the Constitution of India praying for a writ of Certiorarified mandamus calling on for the concerned records relating to the Memo Vide a Lr.Ref. No.8851/ E1/ 4/12 dated 14.5.2013 passed by the 3rd respondent and quash the same and also to issue directions to the respondents to regularize petitioner's leave period and also to give promotion with pay scale increment alo...

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Jun 27 2013

Union of India Vs. Jothilakshmi

Court: Chennai

Decided on: Jun-27-2013

In the High Court of Judicature at Madras Dated: 27.06.2013 CORAM: The Hon'ble Mr.Justice M.Jaichandren and The Hon'ble Mr.Justice M.M.Sundresh Writ Appeal No.1495 of 2011 Union of India, rep. by its Commandant-in-Chief, Central Reserve Protection Force, Avadi, Chennai.Appellant versus 1.Jothilakshmi 2.The Sub-Inspector of Police, FZ Tank Factory Police Station, Avadi, Chennai.Respondents PRAYER: Appeal is filed under Clause 15 of the Letters Patent, against the order dated 9.11.2009, in W.P.No.9909 of 2004. ----- For appellant : Mr.Velayutham Pichaiya For respondents: Mrs.Indirani for R.1 Mr.R.Ravichandran, AGP for R.2. ----- JUDGMENT [Judgment of the Court was delivered by M.M.Sundresh, J.].This Writ Appeal has been preferred against the order passed by a learned single Judge, dated 9.11.2009, made in W.P.No.9909 of 2004, whereby a direction was issued to make payment of a sum of Rs.3,67,758/-, as compensation, to the fiRs.respondent, with interest at 6% per annum. 2.It is seen that ...

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Jun 27 2013

L.Balaji Vs. Anuradha

Court: Chennai

Decided on: Jun-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.06.2013 CORAM THE HON'BLE MR.JUSTICE C.S.KARNAN C.M.A.No.2793 of 2009 L.Balaji .Appellant vs 1.Anuradha 2.The Oriental Insurance Company Limited, A,13, 2nd Avenue, Anna Nagar, Chennai - 102.Respondents Civil Miscellaneous Appeal filed under Section 173(1) of the Motor Vehicle Act, 1988, against the Judgment and decree passed on 12.06.2007 in M.C.O.P.No.5257 of 1999 on the file of the Motor Accident Claims Tribunal (IIIRD Small Causes Court, Chennai).For Appellant : Mr.P.Jagadeeswaran For Respondents: Mr.N.Vijayaraghavan (for R2) R1 Not ready notice JUDGMENT The appellant / petitioner has preferred the present appeal in C.M.A.No.2793 of 2009 against the Judgment and decree passed in M.C.O.P.No.5257 of 1999, on the file of the Motor Accident Claims Tribunal / III Small Causes Court, Chennai. 2.The short facts of the case are as follows:- The petitioner has filed the claim in M.C.O.P.No.5257 of 1999, claiming compensation of a sum of Rs...

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Jun 27 2013

S.Ramkumar Vs. Jayasundari

Court: Chennai

Decided on: Jun-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:27.6.2013 Coram The Honourable Mr.Justice G.RAJASURIA S.A.No.678 of 2013 and M.P.No.1 of 2013 S.Ramkumar ..Appellant versus Smt.Jayasundari ...Respondent This second appeal is directed against the judgment and decree dated 08.01.2013 passed by the Subordinate Judge, Tirupattur, in A.S.No.10 of 2012 reversing the judgment and decree dated 20.3.2012 passed by the District Munsif Court, Tirupattur, in O.S.No.84 of 2007. For Appellant : Mr.M.V.Muralidaran JUDGMENT This Second appeal is focussed by the defendant animadverting upon the judgment and decree dated 08.01.2013 passed by the Subordinate Judge, Tirupattur, in A.S.No.10 of 2012 reversing the judgment and decree dated 20.3.2012 passed by the District Munsif Court, Tirupattur, in O.S.No.84 of 2007, which was one for injunction. 2. The parties are referred to hereunder according to their litigative status and ranking before the trial Court. 3. Compendiously and concisely, the germane fact...

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Jun 27 2013

R.Manoharan Jabaraj Julian Vs. Government of Tamil Nadu

Court: Chennai

Decided on: Jun-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:27. 06.2013 CORAM THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.21684 of 2008 and M.P.Nos.1 and 2 of 2008 R.Manoharan Jabaraj Julian .. Petitioner Vs.1. The Government of Tamil Nadu, Rep. by its Secretary to Government, Revenue Department, Fort St. George, Chennai 9.2. The Joint Registrar of Co-operative Societies, Tirunelveli 2.3. The Deputy Registrar of Co-operative Societies, Tirunelveli Circle, Tirunelveli. .. Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of certiorari as stated therein. For Petitioner : Mr.A.Amalraj For Respondents : Mr.N.Srinivasan, AGP ORDER The petitioner seeks for issuance of a writ of certiorari to quash the charge memo made in Letter No.37501/Pani 2(2) / 07-05, dated 28.03.2008, by the first respondent / the Secretary to Government, Revenue Department, Chennai, as null and void.2. Learned counsel appearing for the petitioner assailing the impugned charge m...

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