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Chennai Court January 2014 Judgments

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Jan 30 2014

M.Kokila Vs. A.Dhanalakshmi

Court: Chennai

Decided on: Jan-30-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30. 01.2014 CORAM THE HONOURABLE MRS.JUSTICE S.VIMALA Second Appeal(MD)No.86 of 2011 and M.P(MD)No.2 of 2011 M.Kokila ... Appellant/Respondent/Plaintiff Vs. A.Dhanalakshmi ... Respondent/Appellant/Defendant Prayer Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 18.08.2010 passed in A.S.No.19 of 2008 on the file of the District Judge, Karur, reversing the judgement and decree of the trial court dated 11.01.2008 made in O.S.No.85 of 2006 on the file of the Subordinate Judge, Karur. !For Appellant ... Mr.M.Saravanan for Mr.N.C.Ashok Kumar ^For Respondent ... Mr.D.Nallathambi :JUDGMENT (i)When the plaintiff is expected to raise pleadings only with reference to Facta Probanda and not with reference to Facta Probantia, whether the first appellate court is justified in reversing the judgment of the trial court, on the ground that the plaintiff is guilty of omission to plead Facta Proban...


Jan 30 2014

N.Vasanthamani Vs. Indian Oil Bhavan

Court: Chennai

Decided on: Jan-30-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:30.01.2014 Coram The Hon'ble Mr. Justice T.S. SIVAGNANAM W.P. No.28957 of 2011 N.Vasanthamani ... Petitioner Vs 1.The Senior Divisional Retails Sales Manager, Coimbatore Divisional Office, (Marketing Division) Indian Oil Bhavan, Indian Oil Corporation Ltd., 8/1079, Avinashi Road, Coimbatore 641 018. 2.The Deputy General Manager, (Retail Sales), Marketing Division, Southern Region, Indian Oil Corporation Ltd., 4th Level Indian Oil Bhavan, 139, Mahatma Gandhi Road, Nungambakkam High Road, Chennai 600 034. 3.M.Myla ... Respondents 3rd respondent name amended as per Order dated 31.01.2013 in M.P.No.1 of 2013. Prayer:-Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus to call for the records pertaining to the result published on 16.09.2011 on the file of the first respondent for the interview conducted by the first respondent on 16.09.2011 for retail dealership at Kolappalaur, Ero...


Jan 30 2014

Kannan Alias Muthukumar Vs. the State,

Court: Chennai

Decided on: Jan-30-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30. 01.2014 CORAM THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN CRL.O.P(MD)No.3 of 2011 Kannan alias Muthukumar ... Petitioner Vs The State, represented by the Inspector of Police, Cantonment Police Station, Trichy. (Cr.No.444 of 2004) ... Respondent Prayer Criminal Original Petition filed under Section 482 of Cr.P.C. praying this Court to change the Investigation Agency to CBCID from the respondent/Police in S.C.No.192 of 2007, on the file of the Principal Assistant Sessions Court, Trichy. !For Petitioner ... M/s.C.Vakeeswaran ^For Respondent ... Mrs.S.Prabha Govt.Advocate(Crl.side) :ORDER It is the case of fence eating crops.2. The Police Officials, who are supposed to safeguard the citizens have themselves involved in robbery of 2600 gms of gold(2.6 kgs of gold). The petitioner along with his friend Anand, who are all dealers in gold jewellery purchased gold from Chennai and they travelled by Howrah Express from Chennai to Trichy and wh...


Jan 30 2014

1.The Superintendent of Police Vs. 1.Minor Indumathi

Court: Chennai

Decided on: Jan-30-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30. 01.2014 CORAM THE HON'BLE MR.JUSTICE N.KIRUBAKARAN C.M.A(MD)No.1401 of 2008 C.M.A(MD)No.1402 to 1403 of 2008 and M.P(MD)Nos.2, 2 and 2 of 2008 1.The Superintendent of Police Thoothukudi District, Thoothukudi. 2.The State of Tamil Nadu, rep. by the District Collector, Thoothukudi District. 3.The Director General of Police (Law and Order) Chennai. .. Appellants in all CMAs vs 1.Minor Indumathi rep. by the natural guardian and her mother Maharasi 2.United India Insurance Company Ltd., Tirunelveli, rep. by its Branch Manager ..Respondents in C.M.A.No.1401 of 2008 1.Maharasi 2.Minor Indumathi 3.Minor Dinesh rep. by the natural guardian and her mother Maharasi. 4.V.Thirunavukarasu Pillai 5.Sankari 6.United India Insurance Company Ltd., Tirunelveli, rep. by its Branch Manager ..Respondents in C.M.A.No.1402 of 2008 1.Maharasi 2.United India Insurance Company Ltd., Tirunelveli, rep. by its Branch Manager ..Respondents in C.M.A.No.1403 of 2...


Jan 30 2014

A.Thahira Vs. Government of Tamilnadu

Court: Chennai

Decided on: Jan-30-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:30. 01.2014 CORAM: THE HON'BLE MR.JUSTICE V. DHANAPALAN W.P.No.1999 of 2014 A.Thahira W/o.Ibrahim No.6, Bedira, Kasarcode Municipality Kerala-671 121 ... Petitioner -vs- 1. THE SECRETARY HOME DEPARTMENT, GOVERNMENT OF TAMILNADU, FORT ST. GEORGE, CHENNAI-9.2. THE SECRETARY LAW DEPARTMENT, GOVT. OF TAMILNADU, FORT ST.GEORGE, CHENNAI-9.3. THE INSPECTOR GENERAL OF PRISONS, THALAMUTHU NATARAJAN BUILDING, NO.1, GANDHI IRVIN ROAD, CHENNAI-8.4. THE SUPERINTENDENT CENTRAL PRISON, PUZHAL CHENNAI ... Respondents Prayer: Writ petition under Article 226 of the Constitution of India is filed praying for issuance of a writ of mandamus, directing the respondents to grant parole to the petitioner's husband A.Ibrahim, Son of Late Aboobacker, presently confined at Central Prison, Puzhal as C.P.No.5398 for a period from 31.01.2014 to 07.02.2014 to enable him to conduct the marriage caremonies of his daughter viz., E.Ayishath Shana. For petitioner :: Mr.K.Sad...


Jan 29 2014

The Manager, Shriram City Union Finance Ltd. and Others Vs. N. Shankar

Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on: Jan-29-2014

J. Jayaram, Judicial Member This appeal is filed by the opposite parties against the order of the District Consumer Disputes Redressal Forum, Nagapattinam in C.C.43/2008, dated 21-04-2010, allowing the complaint.2. The case of the complainant is that he purchased a Motorcycle by availing loan from the opposite parties and there was default in the payment of last three EMIs. The opposite parties, without intimating him and without his knowledge, stealthily took away the motorcycle from the complainants sisters house and without intimating him sold the vehicle in auction. When he approached the opposite parties, they did not respond properly and there was no response to his letter to the opposite parties. So, he sent an advocates notice to which the opposite parties replied that the vehicle was sold in auction and the balance amount after satisfying the dues for the loan, a sum of Rs.3,988/- which is due to be paid to the complainant remains with them. All these, amount to deficiency in ...


Jan 29 2014

Mr.M.Ramachandran Vs. Government of India Enterprise

Court: Chennai

Decided on: Jan-29-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :29. 01.2014 CORAM: THE HONOURABLE MR. JUSTICE M.VENUGOPAL W.P.No.11368 of 2012 Mr.M.Ramachandran : Petitioner Vs.1. Chairman and Managing Director, Government of India Enterprise, Telecommunications Consultants India Limited, TCIL Bhawan, Greater Kailash-1, New Delhi 110 043.2. The General Manager (per), Government of India Enterprise, Telecommunications Consultants India Limited, TCIL Bhawan, Greater Kailash-1, New Delhi 110 048.3. The Group General Manager, Government of India Enterprise, Telecommunications Consultants India Limited, TCIL, Southern Region, New No.20, Potteri Street, Saidapet, Chennai 600 015. : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to order bearing No.TCIL/11/001/3631/09/PER, dated 15.04.2009 of the second respondent and quash the same and consequently direct the first respondent to ...


Jan 29 2014

A.Sundaram Vs. Joint Registrar of Coop. Societies

Court: Chennai

Decided on: Jan-29-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:29. 01.2014 CORAM THE HONOURABLE MR. JUSTICE M. VENUGOPAL Writ Petition No.34801 of 2012 A.Sundaram .. Petitioner Versus 1. The Joint Registrar of Coop. Societies Thiruvannamalai Region, Thiruvannamalai Thiruvannamalai District.2. The Deputy Registrar of Coop. Societies Thiruvannamalai Circle, Thiruvannamalai Thiruvannamalai District.3. The Special Officer Isukazhikatteri Primary Agricultural Co-op. Credit Society Isukazhikatteri Village & Post, Thiruvannamalai Taluk & District. .. Respondents The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first Respondent to consider and pass orders on merits by disposing the written representation made by the Petitioner on 09.02.2012 within a stipulated time as this Hon'ble Court fixes. For Petitioner : Mr.C.Prakasam For Respondents : Mr.L.P.Shanmugasundaram Special Government Pleader ORDER The Petitioner has proj...


Jan 29 2014

K.Sakthivel Vs. Angala Thavy

Court: Chennai

Decided on: Jan-29-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:29. 01.2014 CORAM THE HONOURABLE MR. JUSTICE P.R. SHIVAKUMAR C.R.P.[NPD]. No.4904 of 2012 and M.P.Nos.1/2012, 1/2013 and 1/2014 K.Sakthivel ... Petitioner/Tenant/Judgment Debtor .. Vs .. Angala Thavy @ Mumthaj Begum Thavy ... Respondent/Landlord/Decree Holder Prayer:- Civil Revision Petition preferred under Section 115 of Civil Procedure Code, against the Order dated 21.12.2012 passed by the XI Court of Small Causes, Chennai, in E.P.No.258 of 2011 in R.C.O.P.No.1218 of 2006. For Petitioner : Mr.G.Saravana Kumar For Respondent : Mr.P.Chandrasekar - - - - - ORDER The tenant, who suffered an order of eviction on the ground of commission of willful default in payment of rent in R.C.O.P.No.1218 of 2006 on the file of the learned XI Judge, Court of Small Causes, Chennai, is the petitioner in the present civil revision petition.2. The revision is directed against the order of the Executing Court dated 21.12.2012 made in E.P.No.258 of 2011 direct...


Jan 29 2014

B.Adhinarayanan Vs. the Superintendent of Police,

Court: Chennai

Decided on: Jan-29-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29. 01.2014 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR AND THE HONOURABLE MS. JUSTICE V.M.VELUMANI W.A.(MD)No.588 of 2010 and M.P(MD)Nos.1 of 2010 and 1 of 2011 B.Adhinarayanan ... Petitioner Vs. The Superintendent of Police, Office of the Superintendent of Police, Madurai District, Madurai. ... Respondent Prayer Appeal filed under Clause 15 of the Letters Patent, against the order dated 27.07.2010 passed in W.P(MD)No.8335 of 2009. !For Appellant ... Mr.M.E.Ilango ^For Respondent ... Mr.B.Pugalendhi, Special Govt. Pleader * * * * :JUDGMENT (Judgment of the Court was delivered by R.SUDHAKAR, J.) This writ appeal has been filed as against the order dated 27.07.2010 passed in W.P(MD)No.8335 of 2009, wherein the petitioner has sought for a Writ of Certiorarified Mandamus to call for the records relating to the charge memo in PR.No.150 of 2001 on the file of the respondent and quash the same.2. The appellant/delinquent was charged for the ...


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