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Chennai Court September 2013 Judgments

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Sep 04 2013

C.Victoria Vs. Subramani

Court: Chennai

Decided on: Sep-04-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :04. 09.2013 CORAM : THE HONBLE MR. JUSTICE S.TAMILVANAN S.A.No.1025 of 2009 and M.P.No.1 of 2009 C.Victoria .... Appellant vs. Subramani @ Periyathambi .... Respondent Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree, dated 18.12.2007 made in A.S.No.46 of 2006 on the file of the Principal Subordinate Judge, Krishnagiri, confirming the Judgment and Decree, dated 20.01.2006 made in O.S.No.373 of 2004 on the file of the District Munsif, Krishnagiri. For Appellant : Mr.V.Nicholas For Respondent : Mr.M.V.Muralidharan JUDGMENT The second appeal has been preferred against the Judgment and Decree, dated 18.12.2007 passed in A.S.No.46 of 2006 on the file of the Principal Subordinate Judge, Krishnagiri, confirming the Judgment and Decree, dated 20.01.2006 passed in O.S.No.373 of 2004 on the file of the District Munsif Court, Krishnagiri.2. The respondent herein is the plaintiff, who filed the sui...


Sep 04 2013

1.Employees State Insurance Corporation Vs. Tower Readymades,

Court: Chennai

Decided on: Sep-04-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04. 09/2013 CORAM THE HONOURABLE MR.JUSTICE R.KARUPPIAH C.M.A.(MD)No.736 of 2007 1.Employees State Insurance Corporation represented by its Deputy Regional Director, Sub Regional Officer Madurai. 2.The Manager, Local Office, ESI Corporation, Nagercoil. .. Appellants / Respondents in O.P. Vs. Tower Readymades, Tower Junction, Nagercoil represented by its Managing Partner, A.R.Sirajudeen .. Respondents / Petitioner in O.P. PRAYER This Civil Miscellaneous Appeal is filed under Section 82 of E.S.I.Act, against the decree and judgment of the Principal District Judge cum ESI Court, Kanyakumari at Nagercoil passed in ESIOP.No.4/93, dated 18.08.2000. !For Appellants ... Mr.P.Sermakani ^For Respondent ... Mr.M.Azeem :JUDGMENT The appellants, who are respondents in the ESIOP.No.4 of 1993, have filed this Civil Miscellaneous Appeal, as against the Decree and Judgment of the Principal District Judge cum ESI Court, Kanyakumari at Nagercoil passed ...


Sep 04 2013

G.Jaishankar Srinivasan Vs. Tnsmall Industries Development Corpn

Court: Chennai

Decided on: Sep-04-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:- 4-9-2013 CORAM: THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.36786 of 2006 M.P.Nos. 1 of 2006 and 1 of 2013 G.Jaishankar Srinivasan ... Petitioner Versus 1. The Tamil Nadu Small Industries Development Corporation, Rep. By its Chairman and Managing Director Paulwells Road Kathipara Junction Chennai 16.2. The Project Officer Office of Project Officer Industrial Estate, Chennai 58. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the relief of issuance of writ of mandamus directing the respondents to accept the balance land cost, hand over vacant possession of the developed plot bearing numbers FP1& 2 of a total extent of 11,425 sq.ft. in the industrial Estate, Ambattur allotted in pursuant to the order of the First Respondent by his proceedings bearing No.4286/1E-1/96 dated 21.3. 1996 and execute the Sale deed in favour of the petitioner. For Petitioner :- Mr.P.N.Prakash For Respond...


Sep 04 2013

Dental Council of India, Vs. 1.Best Dental Science College,

Court: Chennai

Decided on: Sep-04-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:4. 9/2013 CORAM THE HONOURABLE MR.JUSTICE.M.JAICHANDREN and THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.A(MD)No.935 of 2013 in W.P.(MD).No.11334 of 2013 and M.P.(MD).No.1 of 2013 Dental Council of India, Alwar-E, Galib Marg, Kotla Road, Opp.Mata Sundari College for Women, New Delhi. ... Appellant / second respondent Vs 1.Best Dental Science College, Ultra Trust, rep.by its, Principal, No.69/1A, Ultra Nagar, Madurai-Chennai Highway, Madurai-625 104. .... First respondent / Writ Petitioner 2.The Government of India, Ministry of Health and Family Welfare, rep.by its Secretary / Under Secretary, Nirman Bhavan, Maidana Azad Road, New Delhi- 110 011. ... second respondent / first respondent Writ Appeal filed under clause 15 of Letter Patent against the order made in W.P.(MD).No.11334 of 2013 dated 14.8.2013. !For Appellant ... Mr.K.K.Senthilvelan Assistant Solicitor General of India ^For R.1 ... Mr.V.T.Gopalan, Senior Counsel, assisted by Mrs.B...


Sep 04 2013

The New India Assurance Company Ltd. Vs. A.Karpagam

Court: Chennai

Decided on: Sep-04-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:04. 09.2013 CORAM THE HON'BLE MR.JUSTICE C.S.KARNAN C.M.A.No.1221 of 2008 and M.P.No.1 of 2008 M/s. The New India Assurance Company Ltd., Chennai - 600 001. .. Appellant vs 1) A.Karpagam 2) A.Easwari 3) T.Sriraman .. Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 30 of the Workmen's Compensation Act, 1923, to set aside the award dated 15.05.2007, passed by the Deputy Commissioner of Labour - II, at Chennai, in W.C.No.202 of 2006. For Appellant : Mr.J.Micheal Visuvasam For Respondents : Mr.R.Harikrishnan (R1 and R2) Ex parte (R3) JUDGMENT The appellant/second opposite party has preferred the present appeal in CMA(MD).No.1221 of 2008, against the award dated 15.05.2007, passed by the Deputy Commissioner of Labour - II, at Chennai, in W.C.No.202 of 2006.2. The short facts of the case are as follows:- The applicants, who are the wife and daughter of the (deceased) Arumugam have filed the claim in W.C.No.202 of 2006, claimi...


Sep 04 2013

S.Vasudevan Vs. Government of Tamil Nadu

Court: Chennai

Decided on: Sep-04-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:04. 09.2013 CORAM THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR W.P.No.27009 of 2007 S.Vasudevan .. Petitioner -Vs- 1.The Government of Tamil Nadu represented by the Secretary to the Government Health and Family Welfare Department Fort St. George, Chennai 600 009 2.The Director of Public Health and Preventive Medicine Chennai 600 006 3.The Secretary Tamil Nadu Public Service Commission Chennai 600 002 ...Respondents Writ petition filed under article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the first respondent in G.O.(D) No.1319, Health and Family Welfare (D2) Department, dated 05.12.2006 confirming the earlier order of the first respondent in G.O.(D) No.388, Health and Family Welfare (D2) Department dated 19.03.2003 and the order of the second respondent in R.No.37783/63/DA/92/S2 dated 29.08.2001 and quash the said orders and direct the respondent...


Sep 04 2013

P.Balasundaram Vs. K.Ravi and New India Ass

Court: Chennai

Decided on: Sep-04-2013

BEFORE THE HIGH COURT OF JUDICATURE AT MADRAS DATED:04. 09.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.1539 of 2007 P.Balasundaram ... Appellant Vs. 1.K.Ravi 2.The Regional Manager New India Assurance Co., Ltd., Officer Lane, Vellore District ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 20.01.2007, made in M.C.O.P.No.39 of 2005, on the file of the Motor Accident Claims Tribunal-cum-Additional Subordinate Court, Thiruvannamalai. For Appellant : Mr.P.Jagadeesan For Respondents : Mr.J.Chandran for R2 R1-Ex parte - - - JUDGMENT The appellant / claimant has preferred the present appeal against the judgment and decree dated 20.01.2007, made in M.C.O.P.No.39 of 2005, on the file of the Motor Accident Claims Tribunal-cum-Additional Subordinate Court, Thiruvannamalai.2. The short facts of the case are as follows:- The petitioner has filed a claim petition in M.C.O.P.No.39 of 2005...


Sep 04 2013

S.Jayachandran Vs. Secretary to Government

Court: Chennai

Decided on: Sep-04-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :04. 09.2013 CORAM: THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.18238 of 2009 S.Jayachandran ... Petitioner vs. 1.The Secretary to Government, Public Works Department, Fort St.George, Chennai -9. 2.The Chief Engineer in Charge, Public Works Department, Ezhilagam, Chepauk, Chennai -5. ... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified mandamus, calling for the records of the second respondent in connection with the impugned order passed by him in Letter No.N5(1)/5926/2009 dated 02.03.2009 and quash the same and direct the respondents to pay interest for the balance gratuity amount of Rs.1,20,000/- and also award interest to the petitioner on computation of pension, leave salary and family benefit fund @ 8% per annum. For Petitioner : Mr.K.Venkatramani, Senior Counsel for Mr.M.Muthappan For Respondents : Mr.V.Subbiah, Spl.G.P. ORDER The petitioner reache...


Sep 04 2013

Joseph Lourdes Lawrence Vs. Union of India

Court: Chennai

Decided on: Sep-04-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.09.2013 CORAM THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU W.P.No.11541 of 2004 and W.P.M.P.No.3375 of 2005 1.Joseph Lourdes Lawrence 2.Dominique Marie Regina .Petitioners ..vs.1.Union of India, The State of Pondicherry, Rep. By its Chief Secretary (Home Department).Pondicherry 605 001. 2.The Secretary (Rev.)-cum-Collector, cum Chairman of Special Cell, Chief Secretariat, Pondicherry-1. 3.The Senior Superintendent of Police, (Law and Order) cum Meber, Special Cell, Superintendent Office Police, Pondicherry -1. 4.The Additional District Magistrate cum Meber, Speciall Cell, Saram, Pondicherry 13. 5.The Superintendent of Police (North).cum Member, Special Cell, Jawaharlal Nehru St. Pondicherry 1...Respondents Prayer:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus to call for the records pertaining to the impugned order No.289/Special Cell/ADM/2004 dated 27.01.2004 submi...


Sep 03 2013

E.Balu Vs. Dyinspector General of Police

Court: Chennai

Decided on: Sep-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :03. 09.2013 CORAM: THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition Nos.2703 and 2705 of 2009 E.Balu .. Petitioner in both Writ Petitions Vs.1. The Deputy Inspector General of Police Villupuram Range Villupuram 2. The Superintendent of Police Villupuram .. Respondents in both Writ Petitions Writ Petition No.2703 of 2009 is filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus calling for the records of the 1st respondent made in proceedings No.C.No.A1/16110/08 dated 26.12.2008 confirming the order passed by the 2nd respondent in Na.Ka.No.A1/36646/08 dated 25.11.2008 and quash the same and further direct the respondents herein to promote the petitioner as Sub Inspector of Police from 26.1.2000 with all consequential benefits. Writ Petition No.2705 of 2009 is filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus calling for the r...


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