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Chennai Court September 2013 Judgments

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Sep 27 2013

A.Mariappan Vs. Metropolitan Transport Corporation

Court: Chennai

Decided on: Sep-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:27. 09.2013 CORAM THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR C.M.A.No.43 of 2012 A.Mariappan ... Petitioner Vs. Metropolitan Transport Corporation (Chennai Division-1) Rep. By its Managing Director Pallavan House, Pallavan Salai Anna Salai, Chennai 2 ... Respondent Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the order passed in M.C.O.P.No.2145 of 2004 on the file of the Motor Accident Claims Tribunal, Additional District Judge (II Fast Track Court), Chennai. For Appellant : Mr.V.Mohan Choudary For Respondent : Mr.S.Sivakumar JUDGMENT The claimant before the Motor Accident Claims Tribunal is the appellant in the Civil Miscellaneous Appeal. The appeal has been preferred seeking enhancement of the compensation awarded by the Tribunal in its award dated 25.07.2011 made in M.C.O.P.No.2145 of 2004 for the injuries sustained by the appellant in the accident that took place on 13.03.2004, which accor...


Sep 27 2013

R.Dison Vs. Executive Officer of Velankanni Spl. Grade Town Panchayat

Court: Chennai

Decided on: Sep-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:27. 09.2013 CORAM THE HONOURABLE MR. JUSTICE V.DHANAPALAN W.P.Nos.12437 and 12438 of 2011 and M.P.Nos.1 and 1 of 2011 W.P.No.12437 of 2011: R.Dison .. Petitioner vs. 1.The Executive Officer, Special Grade Town Panchayat, Velankanni 611 111. 2.The District Collector, Nagapattinam, Nagapattinam District. .. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying this Court for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.37 of 2009, dated 14.03.2011 passed by the first respondent and quash the same and consequently, direct the respondents to issue allotment orders in favour of the petitioner for shop Nos.10, 11 and 13 in ".C". Block of the shopping complex constructed by the Velankanni Selection Grade Town Panchayat, forthwith. For Petitioner ... Mr.Babu Rangasamy For Respondents ... Mr.M.Digvijay Pandian, AGP * * * * * W.P....


Sep 27 2013

Union of India Owning Southern Railways Vs. J.Chandramouli

Court: Chennai

Decided on: Sep-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:27. 09.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.3043 of 2009 The Union of India owning Southern Railways rep.by it's General Manager Chennai ... Appellant Vs. 1.J.Chandramouli 2.C.Madhurambal ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 23 of Railway Claims Tribunal Act, against the Order dated 11.08.2009, in O.A.No.155 of 2008, on the file of the Railways Claims Tribunal, Chennai Bench. For Appellant : Mr.A.P.Srinivas For Respondents : Mr.V.Vijayasankar - - - JUDGMENT The appellant / respondent has preferred the present appeal against the Order dated 11.08.2009, in O.A.No.155 of 2008, on the file of the Railways Claims Tribunal, Chennai Bench.2. The short facts of the case are as follows:- The appellants, who are the parents of the deceased C.Ananthanarayanan, had filed a claim application in O.A.No.155 of 2008, on the file of the Railways Claims Tribunal, Chennai Bench, claiming a sum of Rs.4...


Sep 27 2013

M.Arumugam Vs. Executive Officer of Arulmigu Varadharaja Perumal Koil

Court: Chennai

Decided on: Sep-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.09.2013 CORAM THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU C.R.P.(NPD) No.266 of 2010 and M.P.No.1 of 2010 M.Arumugam .Petitioner ..versus The Executive Officer, Arulmigu Varadharaja Perumal Koil, Panruti Town and Taluk...Respondent Prayer: Civil Revision Petition filed under Section 115 of C.P.C.read with 6 B of Tamilnadu Cultivating Tenants Protection Act 1955, against the order made in E.P.No.40 of 2009 in P.T.A.No.59 of 2002 on the file of the Assistant Commissioner, Revenue Court, Cuddalore dated 13.01.2010. For Petitioners : Mr.K.A.Ravindran For Respondents: Mr.A.K.Sriram for Mr.A.S.Kailasam & Associates ORDER This civil revision petition is filed challenging the order of the respondent made in E.P.No.40 of 2009 in P.T.A.No.59 of 2002 dated 13.01.2010. 2.The petitioner herein is the tenant under the respondent temple in respect of the agricultural lands. As he has defaulted in paying the periodical lease amount to the temple...


Sep 27 2013

M.B.Kumar Ganesh Vs. Commissioner of Police

Court: Chennai

Decided on: Sep-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:27. 09.2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Crl.O.P.Nos.11892 and 11923 of 2013 1. M.B.Kumar Ganesh .. Petitioner in Crl.O.P.11892/2013 2. G.Mani .. Petitioner in Crl.O.P.11923/2013 Versus The Commissioner of Police, Central Crime Branch, Egmore, Chennai-600 008. .. Respondent Prayer: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioners on bail in the event of arrest in Crime No.128 of 2012, on the file of the respondent police. For Petitioner : Mr.P.Subba Reddy For Respondent : Mr.R.Prathap Kumar Govt. Advocate (Crl.Side) ****** C O M M O N ORDER The petitions have been filed seeking to enlarge the petitioners on bail in the event of arrest in Crime No.128 of 2012, on the file of the respondent police.2. The criminal original petitions were referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by the order of this Co...


Sep 27 2013

J.D.Chalceydoney Kanagaselvi Vs. C.Vinayagamurthy

Court: Chennai

Decided on: Sep-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:27. 09.2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN C.S.No.428 of 2011 J.D.CHALCEYDONEY KANAGASELVI ... Petitioner -vs- 1. C.VINAYAGAMURTHY2 J.D.MARY PONNUBAI .. Defendants (2nd defendant impleaded as per order of this Court dated 07.11.2012) Prayer: Plaint IS filed under Order VII Rule 1 CPC r/w Order IV Rule 1 of O.S.Rules, a) directing the defendant to pay to the plaintiff a sum of Rs.18,07,500/- (Rupees Eighteen Lakhs Seven Thousand Five Hundred only) being the unpaid sale consideration towards the plaintiff's share for the sale of the schedule mentioned property to the defendant, b) to pay interest in a sum of Rs.4,69,950/- (Rupees Four lakhs sixty nine thousand and nine hundred and fifty only) being the interest payable on the unpaid sale consideration calculated at the rate of 24% per annum till the date of plaint and c) to pay damages in a sum of Rs.2,60,000/- (Rupees Two lakhs sixty thousand only) calculated at the rate of ...


Sep 27 2013

B.Supriya Vs. National Insurance Company Limited

Court: Chennai

Decided on: Sep-27-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:27. 09.2013 C O R A M THE HONOURABLE Mr.JUSTICE N.KIRUBAKARAN W.P.No.15923 of 2013 1.B.Supriya 2.Jaycee Janet George 3.G.Sreeja 4.N.Bindhu 5.C.Tamilselvi 6.B.Jisha 7.S.Saritha 8.B.Shimmi 9.K.Chandra ... Petitioners Vs. 1)National Insurance Company Limited, Rep. By its Chairman & Managing Director, 3, Middleton Street, Kolkatta-700 071. 2.United India Insurance Company Ltd., Rep. By its Chairman & Managing Director, 24, Whites Road, Chennai-600 014. 3.New India Assurance Company Ltd., Rep. By its Chairman & Managing Director, 87, M.G.Road, Fort, Numbai-400 001. 4.Oriental Insurance Company Ltd. Rep. By its Chairman & Managing Director, Oriental House, A-25/27, Asaf Ali Road, New Delhi-110 002. ... Respondents Prayer: This writ petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus after calling for the records from the Ist respondent relating to the notification ...


Sep 26 2013

M.J.Kanigaparemeshwari Vs. P.V.Nagaraj

Court: Chennai

Decided on: Sep-26-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:26. 09.2013 CORAM THE HON'BLE MR.JUSTICE C.S.KARNAN C.M.A.No.3420 of 2009 1.M.J.Kanigaparemeshwari 2.N.Gopi .. Appellants vs 1.P.V.Nagaraj 2.Royal Sundaram Alliance Insurance Company Ltd., Sundaram Towers, No.45 & 46, White's Road, Chennai - 14. 3.Rahul Anil Bomb 4.The New India Assurance Company Ltd., Represented by Divisional Manager, Divisional Office, Officer Lane, Vellore. .. Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 22.07.2009 made in MCOP No.35 of 2007 (District Court MCOP No.475 of 2009 on the file of Motor Accidents Claims Tribunal (Additional District and Sessions Court/Fast Track Court), Vellore. For Appellant : Mr.N.S.Sivakumar For Respondents : Mr.G.Jermiah (R1) Mr.M.B.Gopalan (R2) R3&R4 (Served) JUDGMENT The short facts of the case are as follows:- The appellants herein/claimants have filed MCOP No.35 of 2007 (District Court MCOP ...


Sep 26 2013

P.Antonisamy Vs. Licensing Authority Cum Regional Transport Officer

Court: Chennai

Decided on: Sep-26-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:26. 09.2013 CORAM: THE HONOURABLE MR.JUSTICE V. DHANAPALAN W.P. No.14935 of 2011 P.Antonisamy .. Petitioner -vs- 1. The Licensing Authority-cum- Regional Transport Officer, Cuddalore.2. The Special Commissioner & Transport Commissioner, Chepauk, Chennai-600 005.3. A.Arokiya Selvam .. Respondents Prayer: Writ petition is filed under Article 226 of Constitution of India for issuance of a writ of Certiorarified Mandamus, calling for the records of the order of the 2nd respondent made in R.No.53901/H1/2010 dated 04.03.2011 and quash the same and consequently direct the 1st respondent herein to transfer the Driving School Licence from the name of the petitioner herein to the name of the 3rd respondent herein. For Petitioner : Mr.A.Ganesan For R1 & R2 : Mr.M.Digvijaya Pandian Addl. Govt. Pleader ORDER By consent of the learned counsel on either side, this writ petition itself is taken up for final disposal.2. Heard Mr.A.Ganesan, learned...


Sep 26 2013

Commissioner of Customs Vs. Veerachi Vithayaphalert

Court: Chennai

Decided on: Sep-26-2013

In the High Court of Judicature at Madras Dated:26. 09.2013 Coram The Honourable Mrs. JUSTICE CHITRA VENKATARAMAN and The Honourable Mr. JUSTICE T.S.SIVAGNANAM CMA No.762 of 2006 and CMP.No.3035 of 2006 The Commissioner of Customs (Air), Customs House, Rajaji Salai, Chennai 600 001. .... Appellant Vs. 1.Veerachi Vithayaphalert, No.104, G.N.T. Road, Nallur and Vijayanellur Village, Sholavaram Post, Chennai. - 600 067.2. Customs, Excise and Service Tax Appellate Tribunal South Zone Bench, Shastri Bhavan Annexe Building, 26, Haddows Road, Chennai - 600 006. .... Respondents Civil Miscellaneous Appeal against the Final Order No.681/2005 dated 28.04.2005 on the file of Customs, Excise & Service Tax Appellate Tribunal, Chennai Branch. For Petitioner : Mr.S.Thirumavalavan For Respondent : Mr.T.Ramesh for R1 R2 - Tribunal -------- JUDGMENT (Judgment of the Court was delivered by T.S.SIVAGNANAM,J.) This appeal by the Revenue, is directed against the Final Order No.681 of 2005, dated 28.04....


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