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Chennai Court August 2013 Judgments

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Aug 29 2013

N.Srinivasa Rao Vs. Member Secretary Chennai Metropolitan Development ...

Court: Chennai

Decided on: Aug-29-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:29. 08.2013 CORAM THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.2604 of 2009 N.Srinivasa Rao ... Petitioner Vs. 1.The Member Secretary, Chennai Metropolitan Development Authority, Chennai 600 008. 2.S.Shanmugavadivelu ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of certiorarified mandamus as stated therein. For Petitioner : Mr.P.V.S.Giridhar for M/s.P.V.S.Giridhar & Sai Associates For R1 : Mr.A.Kumar For R2 : Mr.C.Ravichandran ORDER The petitioner seeks for issuance of a writ of certiorarified mandamus to quash the impugned order passed by the first respondent / the Member Secretary, Chennai Metropolitan Development Authority (in short ".CMDA".), Chennai, in Proc.No.E2/21930/2008, dated 20.02.2009, by calling for the records connected thereto and consequently, to direct the first respondent to treat the petitioner as senior to the second respondent and thereafter, t...


Aug 29 2013

S.P.Velayutham Vs. B.Jayaraman

Court: Chennai

Decided on: Aug-29-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.08.2013 CORAM: THE HON'BLE MR.JUSTICE Ms.JUSTICE K.B.K.VASUKI Crl.OP.Nos.11374 & 11375 of 2011 and M.P.Nos.1 and 1 of 2011 S.P.Velayutham ..Petitioner in both the Crl.OPs. versus B.Jayaraman .Respondent in Crl.OP.No.11374/11 R.Tamilarasu .Respondent in Crl.OP.No.11375/11 Prayer: Petitions filed under Section 482 of the Criminal Procedure Code praying to call for the records in CC.Nos.100 and 282 of 2011 pending on the file of the Judicial Magistrate No.II, Poonamallee and Judicial Magistrate, Tambaram respectively and to quash the complaints. For Petitioner : Mr.Ramesh, SC for M.Jeeva. For Respondents : Mr.Balu Sekar in Crl.OP.11374/11. Mr.K.Ravi Anantha Padmanabhan in Crl.OP.No.11375/11. COMMON ORDER Both the petitions are filed by one and the same accused to quash the proceedings in CC.Nos.100 and 283 of 2011 pending on the file of Judicial Magistrate No.II, Poonamallee and Judicial Magistrate, Tambaram respectively. 2.As the a...


Aug 29 2013

National Insurance Company Limited Vs. T.Jayanthi

Court: Chennai

Decided on: Aug-29-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:29. 08.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.2706 of 2007 National Insurance Company Limited, Represented by its Branch Manager, No.74A, Paramathi Road, Namakkal - 637 001. ... Appellant Vs. 1.T.Jayanthi 2.S.Murugesan 3.D.Rajesh 4.The Oriental Insurance Company Limited, Represented by its Branch Manager, No.68, Vallal Patchaiyappan Street, Kancheepuram. ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 31.01.2005 and made in M.A.C.T.O.P.No.486 of 2002, on the file of the Motor Accidents Claims Tribunal, Additional Subordinate Court, Chenglepet. For Appellant : Mr.S.Vadivel For Respondents : Mr.J.Mahalingam for R-1 Not ready notice for R-2 and R-3 Mr.J.Chandran for R-4 - - - JUDGMENT The short facts of the case are as follows:- On 04.05.2002, at about 2.30 p.m., when the claimant herein and others were travelling in a van bearing...


Aug 29 2013

United India Insurance Company Limited Vs. Minor Senthil Kumar

Court: Chennai

Decided on: Aug-29-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.08.2013 CORAM THE HON'BLE MR.JUSTICE C.S.KARNAN C.M.A.No.1256 of 2004 and C.M.P.No.7126 of 2004 M/s.United India Insurance Company Limited, Vellore.Appellant vs 1.Minor.Senthil Kumar 2.Vijayakumar (R2 set Ex-parte in the lower Court) .Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicle Act, 1988, against the Decree and Judgment in M.C.O.P.No.539 of 2002 dated 26.12.2002 passed by the Motor Accident Claims Tribunal Fast Track Court No.II, Additional District and Sessions Judge, Ranipet, Vellore. For Appellant : Mrs.N.Mala For Respondent: Mr.V.Parivallal for R1 Mr.Haseem Mohamed Jinnah for R2 JUDGMENT On 11.09.1997 at about 08.45 p.m., when the claimant was proceeding as a pillion rider on the moped cycle from south to north direction and at that time the Tempo Van bearing registration No.TN-25A-4923, driven at a high speed and in a negligent manner dashed against the motor cycle. As a result, the claiman...


Aug 29 2013

S.D.Ramanathan Vs. Baby Ammal

Court: Chennai

Decided on: Aug-29-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:29. 08.2013 Coram: THE HON'BLE MR. JUSTICE P.R.SHIVAKUMAR S.A. No.423 of 2010 and M.P.Nos.1 of 2010 and 1 of 2011 1.S.D.Ramanathan (died) 2.Banumathi 3.Pandurangan 4.Venugopal 5.Srinivasan 6.Ambiga 7.Dasarathan 8.Devi ... Appellants ..vs.. 1.Baby Ammal (died) 2.M.Jalajakshi 3.M.Anbuselvi 4.Kalaiselvi 5.T.R.Mohandoss Reddiar ... Respondents Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and decree dated 31.12.2009 made in A.S.No.9 of 2009 passed by the learned Subordinate Judge, Vellore reversing the decree and judgment dated 03.03.2008 made in O.S.No.1883 of 2004 passed by the learned Principal District Munsif, Vellore. For Appellants ... Mr.W.M.Abdul Majeed For Respondents ... Mr.P.L.Narayanan JUDGMENT Defendant Nos.2 to 8 in the Original Suit are the appellants in the second appeal. The plaintiffs 1 to 4 in the Original Suit are the respondents 1 to 4 in the second appeal. The first respondent Bab...


Aug 29 2013

A.Maria Dallas Vs. 1.The State of Tamil Nadu,

Court: Chennai

Decided on: Aug-29-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29/08/2013 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.14461 of 2013 A.Maria Dallas .Petitioner vs 1.The State of Tamil Nadu, Rep.by its Chief Secretary, Panchayat Raj Department, Secretariat, St.George Fort, Chennai-600 009. 2.The Commissioner, Rural Development and Panchayat Raj Department, Chennai-15. 3.The District Collector, Dindigul District, Dindigul. 4.The Assistant Director of Audit, Rural and Panchayat Raj Department, Tiruppur District.Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus calling for the records relating to the impugned charge memo issued by the second respondent in his Proceedings in Na.Ka.No.23401/2013/DPC31 dated 20.08.2013 and quash the same as illegal and consequentially to direct the respondents to permit the petitioner to retire from service w.e.f.31.08.2013, the date on which he attains the age of superannuation wi...


Aug 29 2013

Kullan Vs. the State

Court: Chennai

Decided on: Aug-29-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :29. 08-2013 CORAM THE HONOURABLE MR.JUSTICE V.DHANAPALAN AND THE HONOURABLE MR.JUSTICE R. SUBBIAH CRIMINAL APPEAL No.766 of 2011 Kullan ..Appellant ..vs.. The State, rep.by the Inspector of Police, Kotagiri Police Station, Kotagiri, Nilgiris District. ..Respondent Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, against the judgment of the learned Sessions Judge, Nilgiris at Udhagamandalam, made in S.C.No.21 of 2010, dated 28.10.2010. For Appellant : Mr.P.Sam Jeba Singh For Respondent : Mr.V.M.R.Rajendran Additional Public Prosecutor JUDGMENT R.SUBBIAH, J., Challenge is made to a judgment of the Sessions Division, Nilgiris at Udhagamandalam, made in S.C.No.21of 2010, whereby the single and sole accused stood charged, tried and found guilty under Section 302 I.P.C.and awarded the life imprisonment and not imposed fine since the accused is in judicial custody.2. In order to bring home the guilt of the accused, the pro...


Aug 29 2013

Shanmugam Vs. State of Tamil Nadu

Court: Chennai

Decided on: Aug-29-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:29. 08.2013 Coram :- THE HON'BLE MR.JUSTICE V.DHANAPALAN and THE HON'BLE MR.JUSTICE C.T.SELVAM Habeas Corpus Petition Nos.693 and 695 of 2013 1. Shanmugam ... Petitioner in H.C.P.693 of 2013 2. Manjunath ... Petitioner in H.C.P.695 of 2013 -vs- 1. The State of Tamil Nadu Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Secretariat, Chennai-600 009.2. The District Collector and District Magistrate, Krishnagiri District, Krishnagiri. ... Respondents. Common Prayer: Writ petitions under Article 226 of the Constitution of India are filed praying for issuance of a writ of habeas corpus calling for the records relating to the detention order passed by the 2nd respondent pertaining to the orders made in S.C.Nos.5 & 6 of 2013 dated 12.03.2013, quash the same and direct the respondents to produce the detenus / petitioners Shanmugam, S/o.Mani male 51 years and Manjunath, S/o.Kuberappa, male aged 39 y...


Aug 29 2013

N.Elangovan Vs. Director of School Education

Court: Chennai

Decided on: Aug-29-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:29. 08.2013 CORAM: THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Writ Petition No.24125 of 2013 and M.P.No.1 of 2013 N.Elangovan .. Petitioner -Vs- 1.The Director of School Education, College Road, Nungambakkam, Chennai 600 006. 2.The Joint Director of School Education, (Administration, Higher Secondary), College Road, Nungambakkam, Chennai 600 006. 3.The Chief Educational Officer, Namakkal, Namakkal District. 4.The Headmaster, Government Higher Secondary School, Puduchatiram, Namakkal District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Certiorarified Mandamus calling for the records in the impugned order dated 20.08.2013 passed in O.Mu.No.4262/A6/2013, by the third respondent and quash the same as illegal and unlawful and consequently, directing the 3rd respondent to re-employ the petitioner till the end of the academic year 2013-2014 (31.05.2014) as a P.G.Assi...


Aug 29 2013

B.Vijay Venkatasamy Vs. JaIn Housing and Constructions Ltd.

Court: Chennai

Decided on: Aug-29-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:29. 08.2013 CORAM THE HONOURABLE MR. JUSTICE C.T.SELVAM C.M.A.No.1103 of 2013 and M.P.Nos.1,2 of 2013 1.B.Vijay Venkatasamy 2.B.Lakshmit Narayan 3.Sri Balaji Venkatasamy 4.Minor L. Anvitha rep by father and guardian B.Lakshmi Narayan ... appellants/respondents vs M/s. Jain Housing and Constructions Ltd rep by its General Manager S.Palaniappan ... Respondent/petitioner Civil Miscellaneous Appeal filed under section 37 of the Arbitration and Conciliation Act, 1996 against the order in Arbitration Original Petition No.513/2011 on the file of the Principal District Judge, Coimbatore, dated 12.12.2012. For Appellants : Mrs.Chitra Sampath, Senior Counsel for Mr.T.S.Baskaran For Respondents : Mr.V.Kuberan for M/s. Rank Associates JUDGMENT This Civil Miscellaneous Appeal challenges the order passed by the Principal District Judge, Coimbatore in Arbitration Original Petition No.513/2011 on 12.12.2012.2. The respondent M/s. Jain Housing and Constru...


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