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Chennai Court July 2013 Judgments

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Jul 08 2013

Oriental Insurance Company Limited Vs. Arunachalam

Court: Chennai

Decided on: Jul-08-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:08. 07.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.1507 of 2004 & C.M.P.No.7928 of 2004 Oriental Insurance Company Limited, Divisional Manager, Vellore. ... Appellant Vs. 1.Arunachalam 2.Sundaramurthy ... Respondents 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.124 of 2000, dated 03.04.2003, on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Cheyyar, Thiruvannamalai District. For Appellant : Mr.J.Chandran For Respondents : Mr.S.Sounthar for R-1 R-2 (served) - - - JUDGMENT The appellant / second respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.124 of 2000, on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Cheyyar, Thiruvannamalai District.2. The short facts of the case are as follows:- The petitioner has filed the claim in M.C.O.P.No.124 of...


Jul 08 2013

Commissioner of Income Tax Vs. J.Mahalingam

Court: Chennai

Decided on: Jul-08-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :08. 07.2013 Coram The Honourable Mrs.Justice CHITRA VENKATARAMAN and The Honourable Ms.Justice K.B.K.VASUKI Tax Case (Appeal) No.229 of 2010 --- Commissioner of Income Tax Chennai .. Appellant -vs- J.Mahalingam .. Respondent Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Chennai 'B' Bench dated 18.09.2009 passed in ITA.No.1115 /Mds/2009. For appellants : Mr.M.Swaminathan Standing Counsel for Income Tax Dept. For respondent : Dr.Anita Sumanth COMMON JUDGMENT (The Judgment of the Court was made by CHITRA VENKATARAMAN, J.) The following substantial questions of law are raised by the Revenue in the present Tax Case Appeal preferred as against the order of the Income Tax Appellate Tribunal, Chennai 'B' Bench dated 18.09.2009 passed in ITA.No.1115/Mds/2009 for the assessment year 2006-07. ".1. Whether on the facts and in the circumstances of the case, the Tribun...


Jul 08 2013

Tamil Nadu State Transport Corporation Vs. M.Subramaniyan

Court: Chennai

Decided on: Jul-08-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:08. 07.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.2326 of 2003 & C.M.P.No.14088 of 2003 Tamil Nadu State Transport Corporation, Rep. by its Managing Director, Coimbatore Division I Ltd., 37, Mettupalayam Road, Coimbatore. ... Appellant Vs. M.Subramaniyan ... Respondent PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 18.12.2002 made in M.C.O.P.No.499 of 1998, on the file of Motor Accidents Claims Tribunal, Sub Court, Tiruppur and praying to set-aside the same. For Appellant : Mr.G.Muniratnam For Respondent : Not ready notice - - - JUDGMENT The appellant / respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.499 of 1998, on the file of Motor Accidents Claims Tribunal, Sub Court, Tiruppur.2. The short facts of the case are as follows:- The petitioner has filed the claim in M.C.O.P.No.499 of 1998, claimi...


Jul 08 2013

T.P.Parameswaran Vs. High Court of Judicature at Madras

Court: Chennai

Decided on: Jul-08-2013

THE HIGH COURT OF JUDICATURE AT MADRAS Dated:08.07.2013 Coram THE HONOURABLE Mr.JUSTICE ELIPE DHARMA RAO AND THE HONOURABLE Mr.JUSTICE M.VENUGOPAL Review Application No.47 of 2013 and M.P.No.1 of 2012 in W.P.No.1534 of 2007 *** T.P.Parameswaran ..1st Respondent in Rev. Appln.No.47 of 2013 ..Petitioner in M.P.No.1 of 2012 V. 1.The High Court of Judicature at Madras, represented by its Registrar General, Chennai 600 104..Petitioner in Rev. Appln.No.47 of 2013 .1st Respondent in M.P.No.1/2012 2.The State of Tamil Nadu, represented by its Secretary to Government, Home (Courts-IA) Department, Fort St. George, Chennai 600 009..2nd Respondent in Rev. Appln.No.47 of 2013 ..2nd Respondent in M.P.No.1 of 2012 Prayer in Rev. Appln.No.47 of 2013: Review Application filed under Order 47 Rule 1 r/w. Section 114 of Civil Procedure Code praying to review the order of this Court dated 15.06.2010 made in W.P.No.1534 of 2007. Prayer in M.P.No.1 of 2012 : Petition filed under Article 226 of the Constitu...


Jul 08 2013

Arumugam Vs. Managing Director of Metropolitan Transport Corporation

Court: Chennai

Decided on: Jul-08-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:08. 07.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.1524 of 2006 1.Arumugam 2.Shanthi 3.Chokku 4.Elumalai 5.Banu 6.Vijaya (Minor aged 12 years), rep. by her father and next friend Arumugam. ... Appellants Vs. The Managing Director, Metropolitan Transport Corporation, Chennai-2. ... Respondents 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.4639 of 1999, on the file of V Judge, Fast Track Court, Madras, dated 07.02.2003. For Appellants : Mr.N.Bhaskaran For Respondents : Notice served - - - JUDGMENT The appellants / petitioners have preferred the present appeal against the judgment and decree passed in M.C.O.P.No.4639 of 1999, on the file of V Judge, Fast Track Court, Madras.2. The short facts of the case are as follows:- The petitioners, who are the husband, daughters and son of the deceased Rani have filed the claim in M.C.O.P.No.463...


Jul 08 2013

Karthick Vs. Commissioner of Police

Court: Chennai

Decided on: Jul-08-2013

In the High Court of Judicature at Madras Dated 08.07.2013 Coram The Honourable Mr.Justice R.SUBBIAH Criminal Original Petition No.14889 of 2013 Karthick ..Petitioner ..vs..1. The Commissioner of Police, Chennai.2. The Inspector of Police, E-4, Abiramapuram Police Station, Chennai-600 028. ..Respondents Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the 2nd respondent to register an FIR on the petitioner's complaint dated 04.02.2013, investigate the same and file a final report in accordance with law. For Petitioner : Mr.J.Saravanavel For Respondents : Mr.C.Emalias, A.P.P., ORDER The present petition has been filed seeking for a direction to the 2nd respondent to register a case on the petitioner's complaint dated 04.02.2013, investigate the same and file a final report in accordance with law.2. Case of the petitioner, in brief, is as follows: Petitioner is the husband of one Narayanee @ Krithika. A case in HMOP No.383 of 2007 is pending betwee...


Jul 08 2013

P.Ayyasamy Vs. A.Arunachalam

Court: Chennai

Decided on: Jul-08-2013

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.07.2013 CORAM THE HON'BLE MR.JUSTICE C.S.KARNAN C.M.A.No.2380 of 2004 1.P.Ayyasamy (deceased) 2.A.Kaveri 3.R.Kanniammal 4.A.Manikandan 5.A.Vairavan 6.A.Deivanayagam (Appellants 2 to 6 brought on record as LRs of the deceased sole Appellant vide order dated 3.2.2007 and made in CMP.Nos.10816 to 10818 of 2006) .Appellants Vs 1.A.Arunachalam 2.The New India Assurance Co.Ltd., No.46, Moore Street, Chennai 600 001.Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicle Act, 1988, against the Common Judgment and Decree in M.C.O.P.No.5611 of 2001 dated 23.06.2003 on the file of VI Judge, Small Causes Court (Motor Accident Claims Tribunal).Chennai and praying to setaside the same. For Appellants : Mr.A.Shanmugaraj For Respondents: R1 Not ready Notice R2 Served JUDGMENT The appellant / petitioner has preferred the present appeal in C.M.A.No.2380 of 2004, against the Common Judgment and Decree passed in M.C.O.P.No.561...


Jul 08 2013

B.Ramachandra Adityan Vs. B.Sivanthi Adityan

Court: Chennai

Decided on: Jul-08-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :08. 07.2013 Coram The Honourable Mr.Justice M.JAICHANDREN and The Honourable Mr.Justice M.M.SUNDRESH Original Side Appeal Nos.427 to 437 of 2012 1.B.Ramachandra Adityan also known as B.R.Adityan, No.3, Third Crecent Park Road, Gandhi Nagar, Adyar, Chennai-600 020. 2.Kannan Adityan No.20, West Mada Street, Srinagar Colony, Saidapet, Chennai-600 015. .. Appellants in all O.S.As. Vs. 1.B.Sivanthi Adityan(Deceased) also known as B.S.Adityan No.33, Poes Garden, Chennai-600 086. 2.The Educational Trustee Co. Private Limited, represented by its Managing Director Mr.R.Baskaran, registered office at No.46, EVK Sampath Road, Vepery, Chennai-600 007. 3.The Thanthi Trust, represented by its Director and Trustee S.Balasubramanian Adityan, registered office at No.46, EVK Sampath Road, Vepery, Chennai-600 007. (Cause title amended vide order of Court dated 26.06.2013 made in M.P.1/13 to 1/13 in O.S.A.Nos.427 to 437/12) 4. Sarojini Varadappan 5.Jayanthi...


Jul 08 2013

Kolanjinathan Vs. A.S.Jakir Hussain

Court: Chennai

Decided on: Jul-08-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:08. 07.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.152 of 2005 & C.M.P.No.12503 of 2005 Mr.Kolanjinathan ... Appellant Vs. 1.Mr.A.S.Jakir Hussain 2.M/s.United India Insurance Company Limited, Pallivasal Street, Perambalur. ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment in M.C.O.P.No.265 of 2002, dated 12.12.2003, on the file of the Motor Accidents Claims Tribunal and District Judge, Perambalur. For Appellant : Mrs.M.Thenmozhi For Respondents : Mr.N.B.Surekha for R-1 Mr.S.Arun Kumar for R-2 - - - JUDGMENT The appellant / petitioner has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.265 of 2002, on the file of the Motor Accidents Claims Tribunal and District Judge, Perambalur.2. The short facts of the case are as follows:- The petitioner has filed the claim in M.C.O.P.No.265 of 2002, claiming compensation of a s...


Jul 08 2013

K.Bakthavatchalam Vs. the District Collector

Court: Chennai

Decided on: Jul-08-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 8.7.2013 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.23941 of 2011 K.BAKTHAVATCHALAM [ PETITIONER ].Vs 1 THE DISTRICT COLLECTOR KRISHNAGIRI. 2 THE ADDITIONAL DIVISIONAL ENGINEER TWAD BOARD, KRISHNAGIRI3THE PRESIDENT MALLAPPADI PANCHAYAT, KRISHNAGIRI TALUK & DISTRICT. [ RESPONDENTS ].This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from interfering with the peaceful possession and enjoyment of the property in Survey No.27/2B of Mallapadi Village, Krishnagiri Taluk and District. For petitioner : Mr.T.Arulraj For respondents : Mr.R.Ravichandran AGP for R1 Mr.D.Suriyanarayanan for R3 R2 - No Appearance ORDER Heard the learned counsel appearing for the parties concerned. 2. Though the prayer in the writ petition is for a larger relief, the learned counsel appearing on behalf of the petitioner had submitted that it would suff...


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