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Chennai Court July 2013 Judgments

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Jul 10 2013

B.Dhanam Vs. P.Usha Rani

Court: Chennai

Decided on: Jul-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.07.2013 Coram The Hon'ble Mr.Justice T.S.SIVAGNANAM C.R.P.(PD) No.116 of 2008 and M.P.No.1 of 2008 B.Dhanam .Petitioner Vs 1.P.Usha Rani 2.Y.Uma 3.Y.Revathi 4.C.K.Sampath Kumar 5.Minor S.Sathishkumar rep. By next friend and natural guardian C.K.Sampath Kumar .Respondents Civil Revision Petition filed under Article 227 of The Constitution of India against the fair and final order dated 23.01.2007 made in Tr.O.P.No.69 of 2006 on the file of Principal District Court, Salem. For Petitioner .Mr.T.Murugamanickam For Respondents .No appearance ORDER This revision filed under Article 227 of The Constitution of India is directed against the fair and final order dated 23.01.2007 made in Transfer O.P.No.69 of 2006 on the file of the Principal District Court, Salem. 2.The petitioner is the plaintiff in O.S.No.1290 of 2004 on the file of the District Munsif Court, Salem. The suit was filed for a decree of specific performance and the fourth respon...


Jul 10 2013

R.Balasundaram Vs. M.Ramalingam

Court: Chennai

Decided on: Jul-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :10. 07.2013 Coram The Hon'ble Mr.Justice R.S.Ramanathan A.S.No.440 of 1999 1.R.Balasundaram 2.R.Gangadharan ...Appellants Vs. 1.M.Ramalingam 2.Annamalai Chettiar 3.D.Kalimuthu 4.R.Murugaian Vanniar 5.G.Vairam 6.N.Kanasabapathy 7.R.Radhakrishnan 8.S.Mahalingam 9.G.Ramadoss 10.T.James -Sub Inspector 11.M.Balu 12.G.Banumathy 13.V.Murugaian 14.V.Nataraja Thevar 15.V.Ramalingam 16.C.Balasubramaniam 17.C.Kalimuthu ...Respondents This Appeal was filed under Section 96 of C.P.C against the judgment and decree dated 11.02.1999 passed in O.S.No.131 of 1994, on the file of the Principal Sub Court, Nagapattinam. For Appellants : Mr.Srinath Sridevan For Respondent-1 : Mr.R.N.Kothandaraman JUDGEMENT The plaintiffs in O.S.No.131 of 1994, on the file of the Principal Sub Court, Nagapattinam, are the appellants herein. They filed the suit for the relief of declaration, declaring them as hereditary trustees of ".Sri Mariamman Temple"., which is ...


Jul 10 2013

Susila Vs. R.K.Kumar

Court: Chennai

Decided on: Jul-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED1007.2013 CORAM THE HONOURABLE MR.JUSTICE S.TAMILVANAN C.R.P. (PD) No.2164 of 2013 and M.P. No.1 of 2013 1. Susila 2. Dhanakodi 3. Manohar ... Petitioners versus 1. R.K.Kumar plaintiff 2. M.Perumal 3. Sankar ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 05.11.2012 made in I.A. No.624 of 2012 in O.S. No.32 of 2011 on the file of Additional District Munsif, Cuddalore. For Petitioners : Mr.R.Muralidharan ORDER Heard the learned counsel appearing for the petitioners.2. The Civil Revision has been preferred under Article 227 of the Constitution of India challenging the order dated 05.11.2012 made in I.A. No.624 of 2012 in O.S. No.32 of 2011 on the file of Additional District Munsif, Cuddalore.3. It is seen that the suit was filed by the first respondent herein against the petitioners and the third respondent, seeking declaration of title and consequential other reliefs. Duri...


Jul 10 2013

Palani Vs. Valliammal

Court: Chennai

Decided on: Jul-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:10. 07.2013 CORAM THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN A.S.No.998 of 1993 1. Palani (Died) .. 1st Appellant/ 1st Defendant 2. K.P.Selvam .. 2nd Appellant/ LR. of the deceased sole appellant Vs.1. Valliammal .. 1st Respondent/ Plaintiff 2. Murthy 3. Rani .. Respondents 2 and 3/ Defendants 2 and 3 Prayer:- Appeal Suit filed under Section 96 of Code of Civil Procedure against the Judgment and Decree dated 3.3.1993 made in O.S.No.375 of 1987 on the file of the Subordinate Court, Poonamallee. For appellant : Mr.V. Sairam For 1st Respondent : Mr. V.Raghavachari J U D G E M E N T The 1st defendant in O.S.No.375 of 1987 on the file of the Subordinate Court, Poonamallee, is the appellant.2. The 1st respondent/ plaintiff filed the above suit for partition of her 1/3rd share in the suit property and also for mesne profits and the trial Court granted preliminary decree holding that the 1st respondent/ plaintiff was entitled to 1/6th share and the...


Jul 10 2013

Government of Tamilnadu Vs. Jayasekar

Court: Chennai

Decided on: Jul-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.07.2013 CORAM THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU C.R.P.(NPD) Nos.2146 and 2147 of 2013 and M.P.Nos.1 and 1 of 2013 The Government of Tamilnadu, rep. By its Special Tahsildar, Adi Dravidar Welfare, having his office at East Nehruji Road, Villupuram.Petitioners ..vs.Jayasekar rep. By her recognized Agent power of Attorney S.Simon ..Respondent in CRP214613 JaCo.Jeevanandam ..Respondent in CRP214713 Common Prayer: Civil Revision Petition filed under section 115 of C.P.C.against the judgment and decree made in C.M.A.Nos.37 and 41/1996 dated 31.12.2004 respectively on the file of 1st Additional Sub Court, Villupuram modifying the award made in Award No.A4/95-96 dated 19.03.1996 passed by the Special Tahsildar, Adi Dravidar Welfare, Villupuram. For Petitioner : Mr.S.Pattabiraman in both C.R.Ps. Government Advocate (CS) C O M M O N ORDER These two civil revision petitions are filed challenging the common order passed by the court be...


Jul 10 2013

B.Lalbhadur Vs. Setc Ltd Chennai

Court: Chennai

Decided on: Jul-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:10. 07.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.2752 of 2007 B.Lalbhadur ... Appellant Vs. The Managing Director, State Express Transport Corporation (T.N.DN-1) Ltd., Chennai-2. ... Respondent PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and decree passed in M.C.O.P.No.1322 of 2000, dated 31.08.2006, on the file of Motor Accidents Claims Tribunal, Fast Track Court-III, Chennai. For Appellant : Mr.R.Chandrabose Chelliah For Respondent : Mrs.B.Vijayalakshmi - - - JUDGMENT The appellant / claimant has filed claim petition in M.C.O.P.No.1322 of 2000 against the respondent herein / transport Corporation and claimed compensation of a sum of Rs.7,00,000/- with interest. It was submitted that when the petitioner was travelling on 18.09.1994 as a passenger in the respondent's bus and while the bus was proceeding on the G.S.T.Road, from Trichy to Chennai and when the b...


Jul 10 2013

Babuji Vs. State

Court: Chennai

Decided on: Jul-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:10. 07.2013 Coram THE HONOURABLE MR. JUSTICE S. PALANIVELU CRL.RC No.1552 of 2012 Babuji ... Petitioners/Accused 3 -Vs.- State rep.by Inspector of Police ACB: CBI Chennai Shastri Bhavan, Chennai 6. ... Respondent/Complainant Criminal Revision Case filed u/s.397 r/w 401 of Cr.P.C. to call for the records pertaining to the order dated 20.04.2010 made in Cr.MP No.1502/2010 in C.C.No.7 of 2010 on the file of Principal Sessions Judge, Puducherry, Special Judge under PC Act. For Petitioner : Mr.Ganesh for M/s.Sivalingam For Respondents : Mr.N.Chandrasekaran Spl. Public Prosecutor for CBI Cases. ------- ORDER This revision has been filed to call for the records pertaining to the order dated 20.04.2010 made in Cr.MP No.1502/2010 in C.C.No.7 of 2010 on the file of Principal Sessions Judge, Puducherry, Special Judge under PC Act.2. The case of the prosecution is that the petitioner along with others entered into criminal conspiracy at Puducherry du...


Jul 10 2013

B.Lakshmi Vs. Bharat Petroleum Corpn Ltd

Court: Chennai

Decided on: Jul-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :10. 07.2013 Coram: THE HONOURABLE MR.JUSTICE G. RAJASURIA S.A.No.488 of 2012 and M.P.No.1 of 2012 1. B.Lakshmi 2. B.Krishnamurthy 3. B.Srinivasan 4. B.Parthasarathy 5. B.Kasthurirangan 6. B.Anand 7. P.Vijayan 8. P.Sathyamoorthy .. Appellants vs.1. M/s Bharat Petroleum Corporation ltd., (A Govt. of India Enterprises) 1, Ranganathan Gardens 11th Main Road, Anna Nagar Chennai 600 040.2. Santha 3. V.Hema 4. V.Selvi Sudha .. Respondents This Second Appeal is directed as against the judgment and decree dated 18.11.2011 passed in A.S.No.44 of 2010 by the learned Additional District and Sessions Judge, FTC-IV, Coimbatore at Tiruppur in confirming the judgment and decree passed in O.S.No.641 of 2003 dated 30.10.2009 by the learned Additional Sub Court, Tiruppur. For Appellants : Mr.V.P.Sengottuvel For Respondents : Mr.O.R.Santhanakrishnan, for R1 Ms.K.Subhashini for R2 to R4 JUDGMENT This Second Appeal is focussed animadverting upon the judgment ...


Jul 10 2013

Tamil Nadu State Transport Corporation Vs. Presiding Officer of Labour ...

Court: Chennai

Decided on: Jul-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:10. 07 /2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN W.P.No.38971 of 2004 & W.P.M.P.No.10203 of 2005 & W.P.M.P.Nos.512 and 513 of 2008 Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rep. by its General Manger. ... Petitioner Vs. 1.The Presiding Officer, Labour Court, Vellore. 2.G.Ravindran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorari, to call for the records of the first respondent's order dated 16.03.2004 in I.D.No.97 of 2002 and quash the same. For Petitioner : Mr.Paramasivadoss For Respondents : Mr.P.Vijendran for R-2 - - - ORDER The brief facts of the case are as follows:- The writ petitioner/Tamil Nadu State Transport Corporation stated that the second respondent herein/employee was working as a conductor in the bus route from Vanniambadi to Alangayam in bus bearing registration No.TN-23-0565 and at the time of checking it was...


Jul 10 2013

C.Annamalai Vs. Secretary to Government

Court: Chennai

Decided on: Jul-10-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:10. 7-2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.3360 of 2011 and M.P.Nos.1 and 2 of 2011 C.Annamalai .. Petitioner Versus 1. The Secretary to Government, Home (Transport) Department, Secretariat, Chennai-9.2. The Transport Commissioner, Chepauk, Chennai-5. .. Respondents Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus to call for the records pertaining to the charge memo framed by the second respondent herein in his Memo NO.V/9376/2004 dated 19.2.2004 and Memo R.No.9376/V3/04 dated 30.3.2007 and Memo No.50255/VB2/2008 dated 12.11.2008 formulating 17(b) charges against the petitioner and quash the same and consequently direct the respondents herein to give the petitioner's consequential service benefits such as notional promotion as Superintendent with effect from 20.2.2004, the date of promotion of immediate junior with due seniority and grant the petitioner all his retirement benefits such a...


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