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Chennai Court August 2013 Judgments

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Aug 26 2013

1.Anjammal Vs. 1.Ranjitham

Court: Chennai

Decided on: Aug-26-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26. 08/2013 CORAM THE HONOURABLE MR.JUSTICE R.KARUPPIAH C.M.A.(MD)No.317 of 2007 and M.P.(MD)No.1 of 2007 1.Anjammal 2.Pattupadayachi 3.Saroja .. Appellants / Defendants Vs. 1.Ranjitham 2.Rajappa 3.Dharmaraj .. Respondents / Plaintiffs PRAYER This Civil Miscellaneous Appeal is filed under Section 43 of C.P.C., against the order of remand dated 19.09.2006 passed in A.S.No.149 of 2003 on the file of the Principal Subordinate Court, Kumbakonam, filed against the judgment and decree passed in O.S.No.230 of 1999 on the file of the Principal District Munsif Court, Kumbakonam, dated 18.08.2003. !For Appellants ... Mr.A.L.Gandhimathi ^For Respondents ... No Appearance :JUDGMENT The appellants / defendants filed this Civil Miscellaneous Appeal as against the order of remand passed in A.S.No.149 of 2003, dated 19.09.2006, by the first appellate Court viz., the Principal Subordinate Court, Kumbakonam in which set aside the decree and judgment pa...


Aug 26 2013

Block Development Officer Vs. Government Aided Elementary Schools

Court: Chennai

Decided on: Aug-26-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :26. 08/2013 Coram The HON'BLE MRS.JUSTICE R.BANUMATHI and The HON'BLE MR.JUSTICE T.S.SIVAGNANAM W.A. No.561 of 2007 & M.P. No.1 of 2007 The Block Development Officer Mangalore Panchayat Unit Manalore, Cuddalore District. .. Appellant -vs- 1. The Government Aided Elementary Schools Vagaiyur Village, Thittagudi Taluk Cuddalaore District. Rep. By its Manager P.Kanagamani 2. The Director of Elementary Education College Road, Nungambakkam, Chennai 6.3. The District Collector Cuddalore District, Cuddalore.4. The District Elementary Educational Officer Manjakuppam Cuddalore-1.5. The Assistant Elementary Educational Officer Mangalore Unit at Ramanatham, Cuddalore 1. .. Respondents PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent Act, against the order of this Court dated 27.11.2006 made in W.P.No.24573 of 2005. For Appellant : Mr.V.R.Thangavelu For Respondents : No appearance R1 Mr.K.Karthikeyan, G.A.-R2 to 5 JUDGMENT ( Judg...


Aug 26 2013

1.M.Kandasamy Vs. 1.V.Subramanian

Court: Chennai

Decided on: Aug-26-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26. 08/2013 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM SA(MD)No.1065 of 2009 and MP(MD)No.2 of 2009 1.M.Kandasamy 2.M.Raja Mareeswari .. Appellants/Respondents/Plaintiffs Vs 1.V.Subramanian .. Respondent/Appellant/4th Defendant 2.K.Muthuvel 3.M.Subbuklakshmi (Cause title accepted vide order dated 13.11.2009) .. Respondents/Respondents 3 & 4 /Defendants 1 & 2 Second Appeal filed under section 100 of CPC against the Judgment and decree dated 24.07.2009 passed in Appeal Suit No.57 of 2008 by the Fast Track Court No.I/Additional District Court, Madurai reversing the Judgment and decree dated 10.03.2008 passed in Original Suit No.134 of 2004 by the First Additional Sub Court, Madurai. !For Appellants ... Mr.K.Sekar ^For R - 1 ... Mr.M.P.Senthil For RR - 2 & 3 ... No appearance :JUDGMENT The Judgment and decree dated 24.07.2009 passed in Appeal Suit No.57 of 2008 by the Fast Track Court No.I/Additional District Court, Madurai are ...


Aug 26 2013

Mrs.V.J.Padmini Vs. P.R.Prabhakar

Court: Chennai

Decided on: Aug-26-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :26. 08.2013 CORAM THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU C.R.P.(NPD)No.2636 of 2013 and M.P.No.1 of 2013 Mrs.V.J.Padmini ... Petitioner v. P.R.Prabhakar ... Respondent Civil Revision Petition filed under Section 115 of the Code of Civil Procedure praying to set aside the order and decretal order dated 16.04.2013 passed in E.A. No.65 of 2013 in E.P.No.217 of 2012 in R.C.O.P.No.72 of 2009 on the file of the District Munsif Court, Ambattur. For Petitioner : Mr.P.Srinivasan ORDER This Civil Revision Petition is filed against the order dated 16.04.2013 passed in E.A. No.65 of 2013 in E.P.No.217 of 2012 in R.C.O.P.No.72 of 2009 on the file of the District Munsif Court, Ambattur.2. The petitioner is the tenant. She is aggrieved against the order rejecting her application filed under Section 47 of the Civil Procedure Code wherein and whereby she prayed for dismissal of the above Execution Petition filed by the respondent/landlord.3. The r...


Aug 26 2013

Tamil Nadu Electricity Board Vs. M.Chidambaranathan

Court: Chennai

Decided on: Aug-26-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.08.2013 CORAM THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.P.No.18816 of 2000 and W.P.M.P.No.27251 of 2000 1.Tamil Nadu Electricity Board, Rep. By its Chairman, 800, Anna Salai, Chennai 2. 2.The Assistant Executive Engineer/Civil Tamil Nadu Electricity Board, Papanasam Sub-Division, Papanasam, Ambasamudram Taluk, Tirunelveli District..Petitioners Vs 1.M.Chidambaranathan (deceased) 2.The Tahsildar, Ambasamudram, Tirunelveli District. 3.The Sub-Collector, (Revenue Court).Tirunelveli. 4.The District Revenue Officer, Tirunelveli. 5.C.Selvaganapathy 6.C.Premalatha ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari calling for the records relating to the impugned proceedings of the fourth respondent made in Ce.Ma.No.3/98 dated 10.08.1999 and quash the same. For Petitioner : Mr.P.Gunaraj, Standing Counsel for TNEB For R.1 : Died For RR2 to 4 : Mr.R.Rajeswaran, Spl.G....


Aug 26 2013

Branch Manager, Vs. 1.Rajendran ..2.A.Margaret Amirtham

Court: Chennai

Decided on: Aug-26-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26/08/2013 CORAM THE HONOURABLE MR.JUSTICE R.KARUPPIAH C.M.A(MD)No.7 of 2012 and M.P.(MD)No.1 of 2012 Branch Manager, ICICI Lombard General Insurance Co.Ltd., Salai Road, Thillai Nagar, Trichy...Appellant/2nd respondent Vs 1.Rajendran ..1st Respondent/Petitioner 2.A.Margaret Amirtham ..2nd Respondent/1st respondent Prayer Civil Miscellaneous Appeal filed under 30 of Workmen Compensation Act, against the award, dated 13.07.2011 made in W.C.No.95 of 2008 on the file of the Commissioner of Workmen Compensation (Deputy Commissioner of Labour).Trichirapalli. !For Appellant ..Mr.S.Srinivasa Raghavan ^For 1st Respondent ..Mr.N.Sudhagar Nagaraj For 2nd Respondent ..No appearance :JUDGMENT This Civil Miscellaneous Appeal is filed challenging the award passed in the proceedings W.C.No.95 of 2008, dated 13.07.2011 on the file of the Commissioner of Workmen Compensation (Deputy Commissioner of Labour).Tiruchirapalli. 2.The 1st respondent herein/...


Aug 23 2013

Genlite Private Ltd Vs. State of Tamil Nadu

Court: Chennai

Decided on: Aug-23-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 23.08.2013 Coram The Honourable Mrs.Justice CHITRA VENKATARAMAN and The Honourable Ms.Justice K.B.K.VASUKI Tax Case (Revision) No.30 of 2009 Genlite Private Ltd 24, Mooker Nallamuthu Street, Chennai-1..Petitioner -versus The State of Tamil Nadu represented by the Deputy Commercial Tax Officer, Harbour II Assessment Circle, Chennai-1..Respondent Tax Case (Revision) filed under Section 38 of the Tamil Nadu General Sales Tax Act, 1959 to revise the order of the Sales Tax Appellate Tribunal (Additional Bench).Chennai dated 21.03.2003 in TA.No.517 of 2000. For Petitioner : Mr.N.Inbarajan For Respondent : Mr.A.R.Jayapratap, G.A (Taxes) ORDER (Order of the Court was made by CHITRA VENKATARAMAN, J.) The above Tax Case Revision is filed at the instance of the assessee as against the order of the Sales Tax Appellate Tribunal for the assessment year 1994-95. The above Tax Case Revision was admitted on the following substantial questions of law: (i...


Aug 23 2013

Muthusaraswathi Vs. Secretary to Government

Court: Chennai

Decided on: Aug-23-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :23. 08.2013 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.28351 of 2012 and M.P.No.1 of 2012 Muthusaraswathi No.199, Sengazaneerodai Street, Big Kancheepuram, Kancheepuram 2. .. Petitioner Vs.1. Secretary to Government, Commercial Taxes and Registration (H) Department, Fort ST. George, Chennai 600 009.2. Inspector of Registration, 100, Santhome High Road, Chennai 600 028. .. Respondents * * * This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of Certiorarified Mandamus calling for the records of the 1st respondents Letter No.3617/H/2012-4 dated 12.6.2012 and quash the same and consequentially direct the respondents to include the petitioner in the panel for promotion to the post of District Registrar in the Tamilnadu Registration Service by recruitment by transfer for the year 2010-2011 and promote the petitioner as District Registrar and place her above her immedi...


Aug 23 2013

K.Muthuveni Vs. Secretary Municipal Administration and Water Supply De ...

Court: Chennai

Decided on: Aug-23-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :23. 08.2013 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.23337 of 2013 Tmt.K.Muthuveni .. Petitioner Vs.1. The Secretary, Municipal Administration and Water Supply Department, Chennai-9.2. The Commissioner of Municipal Administration, Ezhilagam, Chennai.3. The Commissioner, Thiruvallur Municipality, Thiruvallur. .. Respondents * * * Prayer : This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus directing the respondents to pay to the petitioner the full backwages for the suspended period from 20.04.2005 to 12.12.2007 excluding the subsistence allowance or without deducting or adjusting subsistence allowance drawn by the petitioner during the suspended period according to Section 2-rr of Industrial Disputes Act 1947 and in view of the Judgment dated 27.7.1984, delivered by the Division Bench of Karnataka High Court, in case between E.S.C.I. and management of ...


Aug 23 2013

Prabhu Vs. Tamil Nadu State Transport Corporation Ltd.,

Court: Chennai

Decided on: Aug-23-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23. 08/2013 CORAM THE HONOURABLE MR.JUSTICE R.KARUPPIAH C.M.A.(MD)No.958 of 2007 Prabhu .. Appellant / Claimant Vs. Tamil Nadu State Transport Corporation Ltd., (Maduria Division - II) through its Managing Director, Office at Vannarapettai. Tirunelveli .. Respondent / Respondent PRAYER This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Award and Decree, dated 28.10.2005 made in M.C.O.P.No.669 of 2003 on the file of Motor Accident Claims Tribunal (1st Addl.Subordinate Court) Tirunelveli. !For Appellant ... Mr.T.Selvakumaran ^For Respondent ... Mr.S.Baskaran :JUDGMENT This Civil Miscellaneous Appeal has been filed by the appellant / claimant, for enhancement of compensation awarded by the Motor Accident Claims Tribunal (1st Addl.Subordinate Court) Tirunelveli, in M.C.O.P.No.669 of 2003, dated 28.10.2005.2. The appellant / claimant has filed a claim petition for compensation of Rs.2,00,000...


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