Chennai Court October 2015 Judgments
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T. Ashok Surana Vs. Small Industries Development Bank of India, Chenna ...
Court: Chennai
Decided on: Oct-13-2015
(Prayer: This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of writ of declaration that the notice dated 18.11.2014 invoking the guarantee executed by the petitioner issued by the respondent bank is bad in law, illegal, unlawful, null and void, barred by application of Order 7 Rule 11(a) and (d) of the CPC along with costs.) Satish K. Agnihotri, J. 1. The petitioner Mr.T.Ashok Surana has filed this petition, seeking declaration that the notice dated 18th November 2014, whereunder the guarantee executed by him was sought to be invoked by the bank, as bad in law, illegal, unlawful, null and void and barred by the provisions of Order 7 Rule 11(a) and (d) of the Code of Civil Procedure. 2. The factual matrix, as culled out from the pleadings, is that Mr.Ashok Surana, being the Managing Director of M/s.Tetrahedron Limited, executed a guarantee for the grant of three loans, i.e., a term loan of Rs.50,00,000/- under Direct Credit Scheme on 10t...
V.P. Raj Prasoph Vs. A. Sukesh Babu
Court: Chennai Madurai
Decided on: Oct-13-2015
(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to call for the records in S.T.C.No.203 of 2015 on the file of the Court of the learned Judicial Magistrate, Padmanabhapuram and quash the same.) 1. This petition has been filed by the petitioner praying to call for the records in S.T.C.No.203 of 2015 on the file of the Court of the learned Judicial Magistrate, Padmanabhapuram and quash the same. 2. The learned Counsel appearing for the petitioner submitted that a case in S.T.C.No.203 of 2015 has been taken on file for the offence under Section 138 of Negotiable Instruments Act, stating that the S.T.C.No.203 of 2015 has to be quashed for want of compliance of the provisions of Section 204 Criminal Procedure Code, as list of witnesses have not been furnished in the complaint. To substantiate his argument, he relied upon the judgment of the Honourable Calcutta High Court judgment in Subol Mondal and another -vs- The State and another reported in 1974 CRL.L....
Alaguraja and Another Vs. The Superintendent of Police, Sivagangai and ...
Court: Chennai Madurai
Decided on: Oct-13-2015
(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the second respondent police to complete the investigation and to file a final report in Crime No.81 of 2015 on the file of the second respondent police station, within a period that may be stipulated by this Hon'ble Court.) 1. This petition has been filed by the petitioner praying to direct the second respondent police to complete the investigation and to file a final report in Crime No.81 of 2015 on the file of the second respondent police station, within a period that may be stipulated by this Honourable Court. 2. It is seen from the report of the learned Judicial Magistrate, Manamadurai, which shows that already the final report has been filed as "Mistake of Fact" and the case was posted on 30.10.2015 for appearance of the de-facto complainant. 3. In view of the above this Criminal Original Petition is disposed of....
A. Senthilvel Vs. The Regional Transport Authority-cum-District Collec ...
Court: Chennai Madurai
Decided on: Oct-13-2015
(Prayer: in Writ Petition(MD)No.18225 of 2015: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the Respondents herein to permit the petitioner's mini bus bearing Registration No.TN 57 N 171 to enter the Anna Bus Stand, Nagercoil, Kanyakumari District while operating the Mini Bus from Government Hospital to Osaravilai Kalivilai Junction, based on the petitioner's representation dated 12.09.2014.) Common Order 1. It is a case of abuse of the process of the Court, because the petitioner has repeatedly approached this Court with the similar relief. On earlier occasion, for the very same prayer, the petitioner had filed Writ Petitions in W.P(MD).Nos.18644 and 18645 of 2014 in which, the prayer sought by the petitioner reads as under:- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to permit the petitioner's Mini Buses go to Vadasery ...
Krithika Lakshmi Vs. The State represented by The Inspector of Police ...
Court: Chennai
Decided on: Oct-13-2015
(Prayer: Criminal Revision Case filed under Section 397 and 401 of Criminal Procedure Code praying to call for the records connected to S.C. No. 130 of 2011 presently pending on the file of the Juvenile Justice Board, Chennai and to examine the same and to set aside the order passed by the III Additional Sessions and City Civil Judge, Chennai in Crl.M.P. No. 10872 of 2012 on 06.02.2015 declaring the second respondent/accused as Juvenile under Section 7-A of Juvenile Justice Act, 2000 with a consequent direction to transfer the case to the Juvenile Justice Board, Chennai.) 1. This Criminal Revision Case is filed by the defacto complainant assailing the order dated 06.02.2015 passed in Crl.M.P. No. 10872 of 2012 by the III Additional Sessions Judge, Chennai. By the said order dated 06.02.2012, the trial Court declared the second respondent/first accused as Juvenile as contemplated under Section 7-A of Juvenile Justice Act, 2000 with a consequent direction to transfer the case to the Juve...
M. Pandiyan and Others Vs. The Superintendent of Police, Dindigul Dist ...
Court: Chennai Madurai
Decided on: Oct-13-2015
(Prayer:Writ Petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the 2nd Respondent herein to grant permission to the petitioner to conduct Adal Padal Programme in Arulmigu Sri Muthalamman Temple, at Nellore Village, Aathoor Taluk, Dindigul District, as per the schedule, dated 14.10.2015 by considering the petitioner's representation, dated 05.10.2015.) 1. Mr. N. Manoharan, learned Special Government Pleader, takes notice for the Respondents. By consent, the Writ Petition itself is taken up for final disposal. 2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the Respondents. 3. The present Writ Petition has been filed for issuance of a Writ of Mandamus, directing the 2nd Respondent herein to grant permission to the petitioner to conduct Adal Padal Programme in Arulmigu Sri Muthalamman Temple ?, at Nellore Village, Aathoor Taluk, Dindigul District, as per the sc...
Kasi Viswanathan and Another Vs. State rep. by, The Inspector of Polic ...
Court: Chennai Madurai
Decided on: Oct-13-2015
(Prayer: Appeal is filed under Section 374(2) of the Code of Criminal Procedure against the judgment passed by the learned VI Additional District Judge, Madurai in S.C.No.294 of 2010 dated 06.07.2012.) S. Nagamuthu, J. 1. The appellants are the accused 1 and 2 in S.C.No.294 of 2010 on the file of the learned VI Additional District Judge, Madurai. One Jeyaveeran was the 3rd accused in the case. The trial Court framed a lone charge against the accused 1 and 2 under Section 302 IPC and framed a charge under Section 302 read with 109 IPC against the 3rd accused. By judgment dated 06.07.2012, the trial Court acquitted the 3rd accused, but convicted the accused 1 and 2 under Section 302 IPC and sentenced them to undergo imprisonment for life and to pay Rs.5,000/- each, in default, to undergo rigorous imprisonment for six months. Challenging the same, the appellants have come up with this appeal. 2. Today, when the appeal was taken up, the learned counsel for the appellants submitted that the...
Kamalam and Another Vs. State by The Inspector of Police, Vigilance an ...
Court: Chennai Madurai
Decided on: Oct-13-2015
(Prayer: Appeal filed under Section 374(2) of the Criminal Procedure Code, against the order passed in Special Case No.5 of 2002 on the file of the Chief Judicial Magistrate, Trichy, dated 18.06.2010.) 1. The appellants / accused 1 and 2 were found guilty under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. Both of them were sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2,000/- each and in default to undergo rigorous imprisonment for a period of 3 months. The findings regarding guilt and the imposition of sentence are under challenge in this appeal. 2. The case of the prosecution is that the defacto complainant Velliammal preferred a complaint against the appellants stating that they demanded a sum of Rs.1,000/- as illegal gratification in order to release the amount granted by the Government under the Welfare Scheme, viz. Moovalur Ramamirtham Ammaiyar Ninaivu Thirumana Nithiyuthavi Thittam and that they accepted the alleg...
M/s. Cappithan Agencies, Rep. by its Authorised Signatory Liza Sathish ...
Court: Chennai
Decided on: Oct-13-2015
(Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, for the relief as stated therein.) 1. This Writ Petition is filed to issue a Writ of Certiorari, calling for the records relating to the Order In Original No.38294/2015, dated 29.05.2015 passed by the Respondent and to quash the same. 2. The case of the Petitioner is that the Petitioner Company is a licensed customs broker, bearing license No.102 issued by Cochin Customs Commissionerate under the Regulation 9(1) of the Customs House Agents Licensing Regulation, 2005. The Petitioner had acted as a customs house agent for various importers. During the year 2012-2013, on investigation the Department alleged that one Company by name, M/s.Antonie and Becouerel Organic Chemical Company had cleared raw materials used to manufacture drugs and pharmaceuticals without import licence issued under the Drugs and Cosmetics Act, 1940 and without Assistant Drug Controller's clearance. The Respondent, vide order dated...
N. Subburaj Vs. The Government of Tamil Nadu, rep. by its Deputy Super ...
Court: Chennai Madurai
Decided on: Oct-13-2015
(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to issue a direction to transfer the case in P.R.C.No.10 of 2015 pending before the Judicial Magistrate Court, Periyakulam, Theni District in Crime No.571 of 2012 on the file of the Respondent No.2 dated 08.12.2012 to the District Sessions Court, Erode or any other Competent Court outside the Theni District within the time stipulated by this Hon'ble Court.) 1. The petitioner who is the father of the deceased has come forward with this petition seeking transfer of the case in P.R.C.No.10 of 2015 pending before the Judicial Magistrate Court, Periyakulam, Theni District in Crime No.571 of 2012 on the file of the Respondent No.2 dated 08.12.2012 to the District Sessions Court, Erode or any other Competent Court outside the Theni District within the time stipulated by this Hon'ble Court. 2. Now, the petitioner and the respondents have consented for transferring the case in P.R.C.No.10 of 2015 pending before th...