Chennai Court October 2015 Judgments
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A.K. Chellappan and Others Vs. Gowri Shankar and Others
Court: Chennai
Decided on: Oct-16-2015
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and final order dated 07.08.2015 made in I.A.No.312 of 2015 in O.S.No.127 of 2015 on the file of the Principal District Court, Bhavani “ in so far as it is against the petitioners.) 1. The revision petitioners are the plaintiffs in O.S.No.127 of 2015 on the file of the Principal District Court, Bhavani. It is a suit for permanent injunction restraining the defendants from interfering with the use of the common cart track ABCDEFGHIJK ?. 2. While so, the revision petitioners filed an application in I.A.No.312 of 2015 for appointment of an Advocate Commissioner to note down the physical features of the cart track and submit a detailed report with sketch. 3. The Trial Court passed an order dated 07.08.2015 allowing the said application in I.A.No.312 of 2015. It would be appropriate to incorporate paragraph 5 of the said order passed by the Trial Court. 5. Record perused. Counter per...
Cethar Ltd., Rep. by its Managing Director, Trichy Vs. The District Co ...
Court: Chennai Madurai
Decided on: Oct-16-2015
1. The company is the petitioner, engaged in the manufacture of industrial boilers and power plant equipments, having its registered office at Trichirappalli. The manufacturing unit of the company is at Kumaramangalam Village, Mathur, Pudukottai Village. There were about 130 permanent workers. 2. As the company incurred heavy loss, it was constrained to announce a lock out. The salary, payable to the employees for the month of January and February, 2015, had not been paid. 3. In the company, there are semi finished and unfinished materials to the tune of Rs.234.57 tonnes, belonging to various customers, such as SKS Power Generation (Chhattisgarh) Limited, IND Barath Energy (Utkal) Limited and Meenakshi Power, Nellore. They have placed orders for supply of products. The petitioner is not able to complete the production work for want of congenial atmosphere. The Management felt that even if the finished product cannot be supplied, at least the raw materials can be returned to them, so th...
B.J. Elazer and Others Vs. The Managing Director, Metropolitan Transpo ...
Court: Chennai
Decided on: Oct-16-2015
(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 to set-aside the judgment and decree dated 31.01.2002 passed in M.C.O.P.No.3614 of 2008, by the learned Motor Accidents Claims Tribunal, Chennai, Additional District Sessions Judge, Fast Track Court No.III, Chennai.) 1. The short facts of the case are as follows:- On 10.09.2008, at about 08.45 a.m., when the deceased was riding his motorcycle bearing registration No.TN-05-W-3075 on the Bricklin Road near Corporation School, the MTC bus bearing registration No.TN-01-N-5250, proceeding in the same direction and driven in a rash and negligent manner came from behind the motorcycle and dashed against it, due to which, the deceased sustained head injuries and died on the spot. Hence, the legal-heirs of the deceased have filed the claim against the respondent / Transport Corporation. 2. The respondent / Transport Corporation had filed a counter and stated that on 10.09.2008 at about 8.45 hours, whe...
C. Varuvel and Another Vs. The Inspector of Police, Niththiravilai Pol ...
Court: Chennai Madurai
Decided on: Oct-16-2015
(Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to call for the records pertaining to Crime No.21 of 2015, on the file of the 1st respondent herein and quash the same as illegal.) 1. This Criminal Original Petition has been filed praying to quash the Crime No.21 of 2015, on the file of the 1st respondent. 2. When the matter is taken up for hearing, Mr.K.Anbarasan, learned Government Advocate (crl.side) appearing for the respondents, on instruction, would submit that charge sheet has already been filed, with respect to the said crime number. 3. In view of the submission made by the learned Government Advocate (crl.side) appearing for the respondents, the Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is also dismissed....
Lakshumanan Vs. State rep. by The Inspector of Police, Srivaikundam
Court: Chennai Madurai
Decided on: Oct-16-2015
(Prayer: CriminalAppeal is filed under Section 374 of the Code of Criminal Procedure against the Judgment and conviction passed by the learned Additional Sessions Judge, Fast Track Court No.II, Tuticorin, in S.C.No.238 of 2011, dated 30.01.2012.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.238 of 2011, on the file of the learned Additional Sessions Judge, Fast Track Court No.II, Tuticorin. He stood charged for the offence under Section 302 I.P.C. By Judgment, dated 30.01.2012, the Trial Court convicted him under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.500/- in default to undergo rigorous imprisonment for one year. Challenging the said conviction and sentence, the appellant is before this Court, with this Criminal Appeal. 2. The case of the prosecution, in brief, is as follows: (i) The deceased in this case was one Mr.Seeni. P.W.1 to P.W.3 are the son, brother-in-law and wife, respectively of the deceased. The dec...
Indra and Others Vs. State rep.by The Inspector of Police, Virudhunaga ...
Court: Chennai Madurai
Decided on: Oct-16-2015
(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to call for the records relating to the C.C.No.169 of 2008 on the file of the learned Judicial Magistrate No.II, Virudhunagar and quash the same.) 1. On 15.10.2015, when the matter was called, there was no representation on behalf of the petitioners, hence the matter was ordered to be posted today i.e., on 16.10.2015 under the caption 'for dismissal'. 2. Even today when the matter is called there is no representation on behalf of the petitioners. Hence, the Criminal Original Petition is dismissed for non prosecution. Consequently, the connected Miscellaneous petition is dismissed....
D. Deepa and Others Vs. K. Mohan and Another
Court: Chennai
Decided on: Oct-16-2015
(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the amount awarded in M.C.O.P.No.336 of 2011, dated 10.07.2013, on the file of Motor Accidents Claims Tribunal, Special Sub Judge-I, Chennai.) The short facts of the case are as follows:- On 09.01.2011 at about 03.00 p.m., when the deceased was going on his motorcycle bearing registration No.TN-18-E-1575 at 200 Feet Road, Padi Bridge Downstairs, Chennai, a lorry bearing registration No.AP-28-T-4555, driven in a rash and negligent manner, hit against the motorcycle. The deceased was thrown out and sustained multiple injuries and died on the same day in Vee Care Hospital, Chennai. Hence, the legal-heirs of the deceased have filed the claim against the owner and insurer of the lorry. 2. The second respondent / Insurance Company has filed a counter and submitted that the deceased was riding his motorcycle rashly and negligently without holding a license and as such, he himself has con...
Dr. Karthikeyan and Others Vs. The State of Tamil Nadu, Rep. by its Se ...
Court: Chennai
Decided on: Oct-16-2015
(Prayer in W.P.No.28959 of 2013 :Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent herein to forthwith return the original certificates submitted by the petitioner with transfer certificate to the petitioner with proper relief by break of study from our PG Course so as to enable the petitioner to join the post of Assistant Surgeon (Dental) in Tamil Nadu Medical Services at GH, Manamadurai, Sivagangai District, pursuant to letter of the second respondent in Ref No.7169/E6/4/2013, dated 17.09.2013 subject to the condition that the petitioner would complete the course as per the prospectus within a period of six years with two breaks. W.P.No.8793 of 2014 :Writ Petition 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 letter of the first respondent dated 18.03.2014 made in Letter NO.39080/B2/...
J. Ramesh @ Kamatchipandian Vs. C. Ponmalar
Court: Chennai Madurai
Decided on: Oct-16-2015
(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to call for the records relating to the Cr.M.P.No.9569 on the file of the Court of the learned Judicial Magistrate No.IV, Madurai and quash the same.) 1. On 15.10.2015, when the matter was called, there was no representation on behalf of the petitioner, hence the matter was ordered to be posted today i.e., on 16.10.2015 under the caption 'for dismissal'. 2. Even today when the matter is called there is no representation on behalf of the petitioner. Hence, the Criminal Original Petition is dismissed for non prosecution. Consequently, the connected Miscellaneous petitions are dismissed....
Mottaiyasamy and Others Vs. The Superintendent of Police, Theni and Ot ...
Court: Chennai Madurai
Decided on: Oct-16-2015
(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C, praying to direct the second respondent not to interfere in the petitioner's civil dispute under the guise of enquiry on the foisted complaint of the third respondent.) 1. The petitioners have come forward with this petition seeking for a direction, to the second respondent not to interfere in the petitioner's civil dispute under the guise of enquiry on the foisted complaint of the third respondent. 2. The learned Government Advocate (Criminal Side), on instructions, would submit that the enquiry is going on. 3. Heard the learned Counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2. 4. Considering the rival submissions made on both sides, since the civil dispute between the parties, the respondents are directed not to harass the petitioners under the guise of enquiry, but let the police investigate into the matter in accordance with law an...
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