Chennai Court October 2015 Judgments
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M/s. Royal Sundaram Alliance Insurance Co. Ltd., Salem and Another Vs. ...
Court: Chennai
Decided on: Oct-13-2015
(Prayer: Civil Miscellaneous Appeal filed under Section 173 Motor Vehicles Act, 1988 against the award and decree, dated 31.10.2013 made in M.C.O.P.No.549 of 2012, on the file of the Motor Accidents Claims Tribunal, (Additional District Court), Dharmapuri. Civil Miscellaneous Appeal filed under Section 173 Motor Vehicles Act, 1988 against the award and decree, dated 10.09.2014, made in M.C.O.P.No.253 of 2014, on the file of the Motor Accidents Claims Tribunal, (Special District Court), Dharmapuri. Civil Miscellaneous Appeal filed under Section 173 Motor Vehicles Act, 1988 against the award and decree, dated 22.08.2014 made in M.C.O.P.No.4193 of 2011, on the file of the Motor Accidents Claims Tribunal, (2nd Court of Small Causes), Chennai.) Common Judgment: S. Manikumar, J. 1. C.M.A.No.3273 of 2014 is preferred by M/s.Royal Sundaram Alliance Insurance Co. Ltd., Salem, challenging the compensation of Rs.25,61,000/-, awarded to legal representatives of the deceased, in M.C.O.P.No.549 of 2...
Patchamuthu Udayar Vs. State rep. by The Inspector of Police, Pudukott ...
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 Principal District and Sessions Judge, Pudukottai, in S.C.No.29 of 2009 dated 31.07.2009.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.29 of 2009 on the file of the Principal Sessions Judge, Pudukottai. He stood charged for offence under Section 302 IPC. By judgment, dated 31.07.2009, the trial Court convicted him under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for one year. Challenging the same, the appellant is before this Court with this appeal. 2. The case of the prosecution in brief is as follows: The deceased in this case was one Mrs.Vijayalakshmi. The accused is her husband. The accused is an agriculturist by profession. Through the deceased, the accused has got children. Due to some domestic quarrel between the deceased and the accused,...
Subbiah Vs. State through The Inspector of Police, Ramanathapuram Dist ...
Court: Chennai Madurai
Decided on: Oct-13-2015
(Prayer: Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure against the Judgment and conviction passed by the learned Additional Sessions Judge, Fast Track Court, Ramanathapuram, made in S.C.No.217 of 2009, dated 13.10.2010.) S. Nagamuthu, J. 1. The appellant is the first accused in S.C.No.217 of 2009, on the file of the learned Additional Sessions Judge, Fast Track Court, Ramanathapuram. The second accused is his wife, by name, Mrs.Gandhiyammal. They stood charged for the offence under Section 302 read with 34 I.P.C. By Judgment, dated 13.10.2010, the Trial Court convicted both the accused under Section 302 read with 34 I.P.C. and sentenced them to undergo imprisonment for life and to pay a fine of Rs.20,000/- each, 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 ...
V. Selvam Vs. G. Chinnaraj and Another
Court: Chennai
Decided on: Oct-13-2015
(Prayer: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, challenging the order and decreetal order in R.C.A.No.3 of 2012 dated 11.08.2015 on the file of the Rent Control Appellate Authority, Kanchipuram in erroneously confirming the order and decreetal order dated 18.11.2011 in RCOP No.17 of 2006 on the file of the Rent Controller, Kanchipuram.) 1. The revision petitioner is the tenant and the first respondent herein is the landlord. The first respondent herein filed R.C.O.P.No.17 of 2006 on the file of Rent Controller, Kanchipuram for eviction on the ground of willful default, demolition and re-construction under Section 10(2)(1) and 14(1)(b) of Tamil Nadu Buildings (Lease and Rent Control) Act. 2. By an order dated 18.11.2011, the Rent Controller allowed R.C.O.P.No.17 of 2006 accepting the plea of demolition and re-construction and ordered eviction. 3. The revision petitioner, thereafter, filed R.C.A.No.3 of 2012 before the Ren...
Raju @ Rajan Vs. State of Tamil Nadu represented by the Inspector of P ...
Court: Chennai
Decided on: Oct-13-2015
(Prayer: Criminal Appeal filed under Section 374 r/w 382 of the Code of Criminal Procedure against the judgment of learned III Additional District and Sessions Judge, Erode, Gobichettipalayam, passed in S.C.No.133 of 2012 on 08.10.2012.) C.T. Selvam, J. This appeal arises against judgment of learned III Additional District and Sessions Judge, Erode, Gobichettipalayam, passed in S.C.No.133 of 2012 on 08.10.2012, convicting appellant/A1 for offences u/s.366 and 376(1) IPC and sentencing him to 10 years R.I. and fine of Rs.1,000/- i/d.3 months R.I. for offence u/s.366 IPC and life imprisonment and fine of Rs.1,000/- i/d. 3 months R.I. for offence u/s.376(1) IPC. 2. The case of the prosecution is that appellant/A1 and accused 2 to 7 abducted PW-2/victim girl aged about 16 years, on 30.06.2010 at about 12.30 p.m. and forced her to marry appellant/A1. Leaving appellant/A1 and PW-2 at the house of PW-5 at Kadambur, accused 2 to 7 departed. Appellant/A1 confined PW-2 at the said place upto 16....
The Secretary to Government, Finance (OP-I) Department, Chennai and An ...
Court: Chennai
Decided on: Oct-13-2015
(Prayer: This writ appeal is preferred under Clause 15 of Letters Patent against the order dated 31.08.2012 passed in W.P.No.6792 of 2009.) Common Judgment: Satish K. Agnihotri, J. 1. This batch of appeals, arising from the orders dated 31st August, 2012 and 5th September, 2012 passed separately by the learned Single Judge, involving common dispute and also common question of law, are being taken up together and disposed of by this common order. The respondents in W.A.Nos.23, 29, 55, 129, 173 and 1757 of 2014, 1734, 2185, 2214, 2215 and 2311 of 2013 herein have not chosen to appear even after service of notice. 2. The writ petitioners, who are respondents herein, were appointed through common selection process on the post of Assistants, Assistant Section Officer, Typists / Personal Clerks, on the basis of allotment made by the Tamil Nadu Public Service Commission. However, vide G.O.Ms.No.1290, Public (Services) Department dated 5th June, 1970, the Finance and Law Departments were exclu...
S. Malliga and Others Vs. The District Collector, Salem District and O ...
Court: Chennai
Decided on: Oct-13-2015
(Prayer: This writ petitions are filed under Article 226 of the Constitution of India praying for the issuance of Writs of Mandamus directing the first respondent to absorb the petitioners' services in the Tamil Nadu Mid-Day Meals scheme on priority basis.) Common Order 1. Since, the issues involved in all the writ petitions are similar in nature, they have been taken up together and a common order is being passed. 2.Heard the learned counsels appearing for the parties concerned. 3. It has been stated that the petitioners had been appointed, as Balasavika, under the Integrated Child Development Scheme of the Central Government, during the year, 1986. As the said scheme was being implemented by the state Government, the District Collector concerned had selected the petitioners and had directed them to submit their joining report, with the Panchayat Union Commissioner, Ayothiyappattinam, Salem District, the third respondent herein. 4. It has also been stated that the Integrated Child Dev...
The Principal Chief Conservator of Forests Tamil Nadu Forest Departmen ...
Court: Chennai
Decided on: Oct-13-2015
(Prayer: Petitions to condone the delay of 2805 days in filing the above Review Applications against order of this Court dated 25.10.2007 in W.A.Nos.405, 412, 413 of 2003 and W.A.No.3513 of 2004.) Common Order: The original petitioners in the writ proceedings claim to be large exporters of 'Sandalwood products' and participated in the auction conducted by the Department of Forest, Government of Tamil Nadu, and were the successful bidders. It is the case of the original petitioners that as per the conditions of auction, they had to pay the entire bid amount together with interest to the District Forest Officer, within 50 days from the date of confirmation of auction, and thereafter, within 75 days, the delivery of sandalwood was to be made to the auction purchaser. The petitioners claims that since the auction purchase was pursuant to an export order, there was no liability to pay sales tax and thus sought tax exemption from the concerned department. There was however insistence of the ...
Theerthagiri and Others Vs. State rep. by the Inspector of Police, All ...
Court: Chennai
Decided on: Oct-13-2015
(Prayer: Criminal Appeal under Section 374, Cr.P.C., against the judgment of conviction and sentence imposed upon them by the learned Additional Sessions Judge (Fast Track Court) Dharmapuri made in S.C.No.139 of 2005 dated 19-01-2007.) In the present case, an inamorato, after a long span of time, has been brought under penumbra of law and forced to face a criminal trial. 2. The contraction of the case of the prosecution is, both the prosecutrix and first accused are living in Ellapudaiyampatti Village. In the year 2002, on Chithra Pournami day (Full Moon day in the Tamil month of Chithirai (in the month of April and May)) at about 9:00p.m., the first accused has directed the prosecutrix to come to a Mango grove and uttered attractive words and thereby, promised to marry her and subsequently, without her consent, has deflowered her. Due to his overt acts, the prosecutrix has become pregnant. The first accused has firmly refused to marry her. On 01-05-2004, at about 7:30 p.m., in the sam...
T. Elankamban Vs. The Commissioner, Milk Produce and Development Depar ...
Court: Chennai Madurai
Decided on: Oct-13-2015
(Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records relating to the resolution No.1 and 2 passed by the 3rd respondent dated 10.08.2015 and quash the same.) 1. This Writ Petition has been filed by T.Elankamban, who has been elected as one of the Directors of the Board in M/s 194 Alawakottai Milk Producers Cooperative Society Limited in the year 2013 and now, he is serving as Vice President of the said society, challenging the resolution Nos.1 and 2 of the society dated 10.08.2015, in which, the order of suspension passed against one P.Ravichandran, Secretary, has been revoked, on the basis of the order passed by this Court in W.P(MD).No.3419 of 2014 and W.P(MD)No.15075 of 2014 dated 11.09.2014, directing the respondent to consider the case of the petitioner for revocation of suspension. 2. Learned counsel appearing for the petitioner, assailing the impugned order of suspension, would submit that when th...
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