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Chennai Court October 2015 Judgments

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Oct 27 2015

Kubendran Vs. The State represented by the Inspector of Police, Theni ...

Court: Chennai Madurai

Decided on: Oct-27-2015

(Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C. praying this Court, to set aside the Judgment delivered in S.C.No.109 of 2010 dated 24.07.2012 on the file of the learned Additional District and Sessions Judge, Theni at Periyakulam and acquit the appellant and thus render justice.) V.S. Ravi, J. The appellant is the sole accused in S.C.No.109 of 2010 (Crime No.369 of 2010) on the file of the learned Additional District and Sessions Judge, Theni at Periyakulam. The appellant has been charged for the offences under Sections 302 and 404 I.P.C. The trial Court, by Judgment dated 24 07.2012, convicted him for the offence under Section 302 I.P.C and sentenced him to undergo Life Imprisonment and also imposed fine of Rs.1,000/- and, in default, to undergo Rigorous Imprisonment for three months and also, convicted him for the offence under Section 404 I.P.C and sentenced him to undergo Rigorous Imprisonment for one year and also imposed fine of Rs.500/- and, in default, to underg...


Oct 27 2015

Power Singam @ Singaraj and Others Vs. State represented by The Inspec ...

Court: Chennai Madurai

Decided on: Oct-27-2015

(Prayer: Appeal is filed under Section 374(2) of the Code of Criminal Procedure against the judgment passed by the V Additional District and Sessions Judge, Madurai, in S.C.No.416 of 2010 dated 05.07.2013.) S. Nagamuthu, J. The appellants are the accused in S.C.No.416 of 2010 on the file of the V Additional District and Sessions Judge, Madurai. The 1st accused was one Mr.Ammavasi. He died during the pendency of the trial before the lower Court and thus, the charges against him are abated. The appellants herein/accused 2 to 8 faced the trial. The trial Court framed as many as 6 charges as detailed below: ChargesAccusedPenal Provisions1A2 to A6148 IPC A7 and A8148 r/w 149 IPC2A7 and A8341 IPC A2 to A6341 r/w 149 IPC3A2294(b) IPC A3 to A8294(b) r/w 149 IPC4A2302 IPC A3 to A8302 r/w 149 IPC5A3 to A5307 IPC A2, A6 to A8307 r/w 149 IPC6A2 to A8324 IPC 2. By judgment dated 05.07.2013, the trial Court convicted and sentenced all the appellants as detailed below: AccusedConviction under Section...


Oct 27 2015

Mareeswari Vs. The Principal Secretary, Home Department, State of Tami ...

Court: Chennai Madurai

Decided on: Oct-27-2015

(Prayer: Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents to produce the body and person of petitioner's daughter, aged 10 years (at the time of missing aged 4 days), daughter of Muthumanickam, before this Court and set her at liberty and handed over the custody to the petitioner and pass such further or other orders.) S. Nagamuthu, J. 1. The petitioner, Mrs.Mareeswari, is a differently abled woman, hardly aged 31 years. She is a visually challenged woman, having lost her vision after she had just completed her +2 Examinations. Her husband, Mr.Muthumanickam, is also a differently abled person, having total loss of vision by birth. But, still, they have not lost the hope of their future. They married in the year 2005. Out of the said wedlock, the petitioner became pregnant and she was admitted as inpatient at the Madurai Government Rajaji Hospital, on 05.01.2006, for delivery of the child. O...


Oct 27 2015

The Oriental Insurance Co. Ltd., Coimbatore Vs. Sams and Others

Court: Chennai

Decided on: Oct-27-2015

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree, dated 07.02.2015 made in M.C.O.P.No.563 of 2012, on the file of the Motor Accident Claims Tribunal (Ist Additional District Court), Tiruppur.) 1. Being aggrieved by the finding, fastening liability on the Insurance Company to pay compensation to the legal representatives of the third party victim and the quantum of compensation of Rs.18,24,600/- with interest at the rate of 7.5% per annum, the Oriental Insurance Company Ltd., has preferred this appeal. 2. Facts leading to the appeal are as follows: That on 03.11.2012, about 07.00 P.M., when the daughter of the first respondent, was travelling in a two-wheeler, bearing Registration No.TN 39 AR 2761, as a pillion rider, driven by one Mr.Anandraj, near Kumaran Kaliyanamandapam, Housing Unit, Goundampalayam, Coimbatore, on the extreme left side of the road, adhering to traffic rules and regulations, a bus, bearing R...


Oct 27 2015

S. Anbalagan Vs. The Presiding Officer, I Additional Labor Court, Chen ...

Court: Chennai

Decided on: Oct-27-2015

(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order passed by this Court dated 15.07.2014 passed in W.P.No.28789 of 2013.) Satish K. Agnihotri, J. 1. The instant intra-court appeal arises from the order dated 15th July, 2014 passed in W.P.No.28789 of 2013 preferred by the second respondent herein. 2. The writ petitioner had preferred the instant writ petition, seeking writ of prohibition prohibiting the first respondent Labour Court from proceeding with E.P.No.207 of 2013 under the provisions of Section 2(a) of the Industrial Disputes Act, 1947 for the execution of the Lok Adalat award passed by this Court in W.A.No.374 of 2011 dated 5th December, 2012. 3. The facts are in narrow compass. The appellant herein was removed from service of the second respondent. There against, a challenge was made in I.D.No.633 of 1996 on the file of the I Additional Labour Court, by the appellant herein. The Labour Court, vide award dated 5th September, 2002 directed the second ...


Oct 27 2015

T. Suresh Vs. The District Collector, Virudhunagar District, Virudhuna ...

Court: Chennai Madurai

Decided on: Oct-27-2015

(Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the District Collector, Virudhunagar to consider the petitioner's representation dated 07.08.2015 regarding reinstating him into service in the light of the dictum of the Hon'ble Supreme Court in Civil Appeal No.1912 of 2015 arising out of SLP.No.3761 of 2013 and the instructions of the Government in letter No.13519/N/2015-1 dated 23.07.2015 within a specified time frame that may be fixed by this Hon'ble Court.) 1. This Writ Petition has been filed by T.Suresh seeking issuance of a Writ of Mandamus directing the District Collector, Virudhunagar, the respondent herein to consider his representation, dated 07.08.2015, regarding reinstating him into service in the light of the dictum of the Hon'ble Supreme Court inAjay Kumar Choudhary vs. Union of India through its Secretary and another reported in 2015(2) SCALE 432, wherein it has been held that suspension order should ...


Oct 27 2015

S. Jaishankar and Another Vs. Revenue Divisional Officer, Ariyalur Dis ...

Court: Chennai

Decided on: Oct-27-2015

(Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 13.3.2012 Ref.Na.Ka.A5/628/2012 passed by the first respondent and quash the same and consequently direct the respondents to restore the patta No.1535 issued in favour of the petitioners in respect of their land in survey no.359/1A measuring 11 ares (27 cents) at Kovilur village Ariyalur Taluk and District.) 1. Heard the learned counsels appearing for the parties concerned. 2. The main contention of the learned counsel appearing for the petitioners is that the patta, which was in the names of the petitioners, had been cancelled, by the Revenue Divisional Officer, Ariyalur, the first respondent herein, without issuing any notice to the petitioners. 3. The said submissions made by the learned counsel appearing for the petitioners had not been refuted in the counter affidavit filed by ...


Oct 27 2015

V. Rajkumar Vs. The State Commissioner for Differently Abled, Thousand ...

Court: Chennai

Decided on: Oct-27-2015

(Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to consider and pass orders on the petitioner's representation dated 1.10.2012 in the light of the orders dated 21.12.2010 passed in W.P.No.28789 of 2010 and till final decision is taken, not to disturb the running of the petitioner's bunk shop situated at Dr. M.G.R. Salai, opposite to electricity board office, Nungambakkam, Chennai-34.) 1. Heard the learned counsels appearing for the parties concerned. 2. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus directing the second respondent to consider and pass appropriate orders on the representation of the petitioner, dated 1.10.2012. 3. The petitioner has stated that he is a physically handicapped person. He is running a Bunk Shop, at Dr.M.G.R. Salai, opposite to the Electricity Board Office, Chennai, for over 19 years. 4. It ...


Oct 26 2015

Murugan Vs. The Inspector of Police, Anti Land Grabbing Special Cell, ...

Court: Chennai Madurai

Decided on: Oct-26-2015

(Prayer:Writ Petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the first respondent herein not to proceed with the complaint in P3/30482/2013 launched by the second respondent herein in respect of S.No.468/2 and 468/1A Meelavittan Village, Tuticorin Taluk, Tuticorin District till the disposal of the civil suits in O.S.No.220 of 2005 and O.S.No.222 of 2005 on the file of the Additional District Munsif Court, Tuticorin.) 1. The prayer in the Writ Petition is a Writ of Mandamus to direct the first respondent herein not to proceed with the complaint in P3/30482/2013 launched by the second respondent herein in respect of S.No.468/2 and 468/1A Meelavittan Village, Tuticorin Taluk, Tuticorin District till the disposal of the civil suits in O.S.No.220 of 2005 and O.S.No.222 of 2005 on the file of the Additional District Munsif Court, Tuticorin. 2. At this juncture, the learned Additional Government Pleader appearing for the first r...


Oct 26 2015

P. Muhilan and Others Vs. The Superintendent of Police, Virudhunagar D ...

Court: Chennai Madurai

Decided on: Oct-26-2015

(Prayer:- Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the second respondent not to harass the petitioner in the guise of enquiry based upon a false complaint with respect to the matter purely civil in nature, considering the petitioner's representation dated 06.10.2015.) 1. The petitioner has come forward with this petition seeking for a direction, to the second respondent not to harass the petitioner in the guise of enquiry based upon a false complaint with respect to the matter purely civil in nature, considering the petitioner's representation dated 06.10.2015. 2. The learned Government Advocate (Criminal Side), on instructions, would submit that the complaint given by Abubakker, petition enquiry is pending in C.S.R.No.359 of 2015. He further submits that the respondent has no harassment against the petitioner. 3. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respond...


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