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Chennai Court July 2013 Judgments

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Jul 03 2013

Narasimma Naicker Vs. Sanjeeviammal

Court: Chennai

Decided on: Jul-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:03. 07.2013 Coram: THE HON'BLE MR. JUSTICE S. PALANIVELU S.A. No.1419 of 2004 Narasimma Naicker ... Appellant ..vs..1. Sanjeeviammal 2. K.V. Selvarajan 3. K.V. Paneerselvam 4. K.V. Krishnamurthy 5. The Special Officer Vellore Co-operative Sugar Mills Ammundi Village Gudiyattam Taluk, Vellore District. ... Respondents PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the Judgment and decree of the Subordinate Judge, Ranipet dated 30.03.2004 made in A.S. No.65 of 2003 confirming the judgment and decree of the Court of District Munsif, Sholingur dated 22.09.2003 made in O.S. No.360 of 1995 (O.S. No.383 of 1991, Sub Court, Ranipet). For Appellant ... Mr. R. Singgaravelan For Respondents ... Mr. Sanjay Baba for R1 to R4 Mrs. Vijayakumari Natarajan for R5 J U D G E M E N T The first defendant in the suit before the trial court has preferred the second appeal against the judgment and decree of the lower appellate cour...


Jul 03 2013

M.Pongianan Vs. State of Tamil Nadu

Court: Chennai

Decided on: Jul-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.07.2013 CORAM THE HONOURABLE Mr.JUSTICE D.HARIPARANTHAMAN W.P.No.18007 of 2013 M.Pongianan .Petitioner Vs 1.The State of Tamil Nadu, rep by its Secretary to Government, Home Department, Fort St. George, Chennai-600 009. 2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-600 004. 3.The Deputy Inspector General of Police, Coimbatore (Rural).4.The Superintendent of Police, Erode District, Erode. 5.The Accountant General (Accounts & Entitlement).Pension Section-15, No.361, Anna Salai, Chennai-600 018.Respondents This Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing the second respondent to consider and pass orders on the representation dated 30.5.2013 made to him to fix his seniority thereby revising the pension and other retirement benefits by advancing the upgradation as Grade I Police Constable / Head constable on completion of 10/5 year...


Jul 03 2013

Pasooran Vs. T.S.indirani Ammal

Court: Chennai

Decided on: Jul-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.07.2013 CORAM THE HON'BLE MR.JUSTICE C.S.KARNAN C.M.A.No.2655 of 2009 Pasooran .Appellant vs 1.T.S.Indirani Ammal 2.The Divisional Manager United India Insurance Co.Ltd., D.No.20, 73-C, M.T.H.Road, 1st Floor, Ambattur, Chennai - 53.Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicle Act, 1988, against the Judgment and Decree dated 08.07.2009 made in M.C.O.P.No.123 of 2008 on the file of the Motor Accident Claims Tribunal, Tiruvallur (in the Court of the Chief Judicial Magistrate, Tiruvallur).For Appellant : Mr.M.Saravanakumar For Respondents: Mr.D.Bhaskaran (for R2) JUDGMENT On 04.09.2007, at about 11.20 p.m, when the claimant was travelling as a passenger in the bus bearing Registration No.TSC-4777, on the Tiruvallur main road, the driver of the bus had driven it in a negligent manner and dashed it against an electric post. As a result, the claimant had sustained injuries. Hence, the claim has been lev...


Jul 03 2013

Smt.K.M.Katheeja Vs. Appellate Tribunal

Court: Chennai

Decided on: Jul-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:03. 07 /2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN W.P.No.571 of 1998 & W.P.M.P.Nos.819 of 1998 and 10349 of 2001 Smt.K.M.Katheeja ... Petitioner Vs. 1.The Appellate Tribunal for Forfeited Property, 4th Floor, Loknayak Bhawan, Khan Market, New Delhi - 3.2. The Competent Authority, Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, 'Ustav' No.64/1 G.N.Chetty, T.Nagar, Madras-17. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorari, to call for the records in F.P.A.No.9/MDS/95, dated 4th September 1997, on the file of the first respondent confirming the order of the second respondent in OCA/MDS/308/76, dated 6th January 1995 and issue a writ of certiorari, or any other appropriate writ, direction or order, in the nature of a writ, quashing the same and pass such further, or other orders, or orders, as this Hon'ble court may deem fit and nece...


Jul 03 2013

State Vs. K.R.Rajagopalan

Court: Chennai

Decided on: Jul-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:03. 07.2013 CORAM THE HONOURABLE Mr.JUSTICE S.PALANIVELU Crl.A.No.543 of 2005 State rep. by The Deputy Superintendent of Police, Vigilance & Anti Corruption, Dharmapuri, Dharmapuri District. .. Appellant / Complainant Vs. 1.K.R.Rajagopalan Manager, Marketing and Services, Tamil Nadu Housing Board, Hosur, Dharmapuri District. 2.A.Thangavelu Works Assistant, Tamil Nadu Housing Board, Hosur, Dharmapuri District. ... Respondents / Accused Criminal Appeal is filed under Section 378 Cr.P.C. against the Judgment dated 31.12.2004 in S.C.No.2/2001 on the file of the learned Chief Judicial Magistrate No.1 cum Special Judge, Dharmapuri at Krishnagiri, Dharmapuri District. For Appellant : Mr.P.Govindarajan For Respondents : Mr.Gopinath, Senior Counsel for M/s.N.Mohideen Mathu for R1 Mr.A.N.Rajan for R2 JUDGMENT This Criminal Appeal is filed against the Judgment dated 31.12.2004 in S.C.No.2/2001 on the file of the learned Chief Judicial Magistrate...


Jul 03 2013

The Anna University, Vs. 1.Dhaya College of Engineering,

Court: Chennai

Decided on: Jul-03-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:3. 7/2013 CORAM The Hon'ble Mr.Justice N. PAUL VASANTHKUMAR and The Hon'ble Mr.Justice P.DEVADASS W.A(MD)No.532 of 2013 AND M.P(MD)No.1 of 2013 AND W.A(MD)No.884 of 2012 AND M.P(MD)No.1 of 2012 W.A(MD)No.532 of 2013 The Anna University, Chennai - 600025, rep.by its Registrar ... Appellant Vs 1. Dhaya College of Engineering, Sivarakottai Village, Thirumangalam Taluk, Madurai - 625 706, rep.by its Authorised Signatory, Jeyagran 2. The Secretary to Government, Higher Education Department, Government of Tamil Nadu, Fort St.George, Chennai - 9.3. The Director of Technical Education, Guindy, Chennai - 32.4. The Centre for Affiliation of Institutions, The Anna University, Chennai - 600 025, rep.by its Director.5. The Registrar, The Anna University of Technology, Madurai - 625 002.6. Dr.S.Sivanesan, Registrar (i/c), Anna University, Chennai- 600 025 ... Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order in W...


Jul 03 2013

1.Pitchamml @ Pichamani @ Maniammal Vs. State

Court: Chennai

Decided on: Jul-03-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03. 07/2013 CORAM THE HONOURABLE MR.JUSTICE S.RAJESWARAN AND THE HONOURABLE MR.JUSTICE T.MATHIVANAN Criminal Appeal (MD) No.79 of 2013 1.Pitchamml @ Pichamani @ Maniammal 2.Mayandi ... Appellants Vs State rep.by Inspector of Police Thoothukudi South Police Station Thoothukudi ... Respondent Prayer Appeal is filed under Section 374(2) of the Code of Criminal Procedure, against the Judgment dated 30.06.2011 and made in S.C.No.133 of 2010, on the file of the learned Principal Sessions Judge, Thoothukudi. !For Appellants ... Mr.S.Jayasingh ^For Respondent ... Mr.C.Ramesh Addl. Public Prosecutor :JUDGMENT (Judgment of the Court was made by T.MATHIVANAN, J.) This memorandum of criminal appeal is directed against the Judgment dated 30.06.2011 and made in the Sessions Case in S.C.No.133 of 2010, on the file of the learned Principal Sessions Judge, Thoothukudi, finding the appellants/accused guilty under Section 302 I.P.C., convicting thereund...


Jul 03 2013

P.Joseph Vs. the Tahsildar

Court: Chennai

Decided on: Jul-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :03. 07.2013 CORAM: THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.No.17954 of 2013 & M.P.No.1 of 2013 P.Joseph .. Petitioner v 1.The Tahsildar, Tiruchengode Taluk, Tiruchengode. 2.The Revenue Divisional Officer, Tiruchengode . 3.The District Colelctaor, Namakkal District, Namakkal. .. Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus calling for the records on the file of the First Respondent in proceedings Na.Ka.No.23808/2012/A3 dated 31.10.2012 and quash the same and consequently direct the Respondents herein to reinstate the Petitioner with all consequential benefits For Petitioners : Mr.M.Ravi For Respondents : Mr.V.Subbiah, S.G.P. ORDER With the consent of both parties, the writ petition itself is taken up for final disposal.2. Heard both sides.3. The petitioner was appointed as Village Assistant by an order dated 26.12.1989 in Kumarapalayam Agraharam ...


Jul 03 2013

The Madras Seva Sadan Vs. Dr.N.V.Rao

Court: Chennai

Decided on: Jul-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:03.07.2013 CORAM: THE HON'BLE MR.JUSTICE M.JAICHANDREN AND THE HON'BLE MR.JUSTICE M.M.SUNDRESH OSA.No.243 of 2013 The Madras Seva Sadan, rep. By its Honorary General Secretary C.Prema Kumar ..Appellant versus Dr.N.V.Rao Alias Nicholas Vincent Rao ...Respondent Original Side Appeal filed against the Judgment and decree passed in A.No.1266 of 2013 in C.S.No.529 of 2010 dated 25.04.2013. For Appellant: Mr.Krishna Ravindran ---- JUDGMENT (Judgment of the Court was delivered by M.JAICHANDREN,J.This Original Side appeal has been filed against the order, dated 25.04.2013, passed by the learned Single Judge, in the Application, in A.No.1266 of 2013, in C.S.No.529 of 2010. 2. It is noted that the application, in A.No.1266 of 2013, has been filed for condoning the delay of 12 days in filing the application to set aside the exparte decree, dated 19.07.2013, passed in C.S.No.529 of 2010. 3. The main contention of the learned counsel appearing on beha...


Jul 03 2013

S.Kandhan Vs. Somasundaram

Court: Chennai

Decided on: Jul-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:3. 07.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.1694 of 2009 S.Kandhan ... Appellant Vs. 1.Somasundaram (remained ex-parte before the trial Court) 2.National Insurance Company Limited, No.751, Anna Salai, Chennai - 600 002. ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 20.01.2009 made in M.A.C.T.O.P.No.4075 of 2004, on the file of the VI Small Causes Court, Motor Accidents Claims Tribunal, Chennai. For Appellant : Mr.R.Kalaiarasan For Respondents : Mr.M.Krishnamoorthy for R-2 R-1 (exparte) - - - JUDGMENT The appellant / petitioner has preferred the present appeal against the judgment and decree passed in M.A.C.T.O.P.No.4075 of 2004, on the file of the VI Small Causes Court, Motor Accidents Claims Tribunal, Chennai.2. The short facts of the case are as follows:- The petitioner has filed the claim in M.C.O.P.No.4075 of 2004, claim...


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