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Chennai Court October 2015 Judgments

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Oct 12 2015

Ganesh Pandi and Another Vs. The State rep. by the Inspector of Police ...

Court: Chennai Madurai

Decided on: Oct-12-2015

(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to set aside the order of the learned Judicial Magistrate (Additional Mahila) Court, Tirunelveli dated 23.7.2015 made in Cr.M.P.No.351 of 2015 in C.C.No.104 of 2013 and allow the above criminal original petition.) 1. The petitioners have come forward with this petition under Section 482 of Code of Criminal Procedure, seeking a direction to set aside the order of the learned Judicial Magistrate (Additional Mahila) Court, Tirunelveli, dated 23.07.2015 made in Cr.M.P.No.351 of 2015 in C.C.No.104 of 2013. 2. Even though the matter was posted under the caption 'for dismissal', the learned Counsel appearing for the petitioner appeared and advanced his arguments. 3. The learned Counsel for the petitioners submitted that the petitioners filed an application under Section 91 (1) Cr.P.C, to call for the records in Crime No.163 of 2011 on the file of Uthumalai Police Station and Crime No.80 of 2012 on the file of th...


Oct 12 2015

Murugan Vs. Subramania Swamy

Court: Chennai Madurai

Decided on: Oct-12-2015

(Prayer: Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the entire records pertaining to the order passed by the Judicial Magistrate No.1, Thoothukudi in C.C.No.385 of 2008 vide his order dated 13.12.2008, which was subsequently confirmed by the Additional Sessions Judge (Fast Track Court No.1), Thoothukudi inCrl.R.C.No.1 of 2009 vide his order dated 04.05.2009 and set aside the same and consequently direct the Judicial Magistrate to take cognizance on the petitioner's complaint filed in the said case and direct him to deal with the same under Chapter XIX of Cr.P.C.) 1. The petitioner has come forward with this application for setting aside the impugned order passed in R.C.No.1 of 2009 by the learned Additional Sessions Judge (F.T.C.No.1), Tuticorin, by confirming the order passed by the learned Judicial Magistrate No.1, Tuticorin in C.C.No.385 of 2008 by dismissing the private complaint filed by the respondent under Section 500 of I.P.C. 2. T...


Oct 12 2015

M. Manimala and Others Vs. The Commissioner of Police, Madurai and Oth ...

Court: Chennai Madurai

Decided on: Oct-12-2015

(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 connivance with one Ganesan, considering the petitioner's representation dated 23.08.2015.) 1. Heard both sides. 2. The learned counsel for the petitioner would submit that the second respondent not to harass the petitioner in connivance with one Ganesan, considering the petitioner's representation dated 23.08.2015. 3. At this juncture, the learned Government Advocate (Criminal side), on instructions, would submit that a case has been registered against the accused in Crime No.671 of 2015 for the offences punishable under Sections 406 and 420 IPC. He further submits that there is no harassment at the hands of the respondent police. 4. Considering the rival submissions made on both sides, even though he is an accused in Crime No.671 of 2015 the respondent has no right to harass the petitioner. Hence, the respondent is directed not to harass th...


Oct 12 2015

Karuppayee Ammal Vs. The District Collector, Thoothukudi District and ...

Court: Chennai Madurai

Decided on: Oct-12-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the respondents in pursuant to the impugned resolution dated 14.05.2012 on the file of the Vadakku Ilanthaikulam Panchayat Council, Kayathar Panchayat Union, Thoothukudi District and quash the same and further directing the respondents to conduct a fresh meeting regarding the proposal to remove the President.) 1. The Writ Petition has been praying for a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the respondents in pursuant to the impugned resolution dated 14.05.2012 on the file of the Vadakku Ilanthaikulam Panchayat Council, Kayathar Panchayat Union, Thoothukudi District and quash the same and further directing the respondents to conduct a fresh meeting regarding the proposal to remove the President. 2. The petitioner is functioning as the President of Vada...


Oct 12 2015

M/s. Carrier Race Technologies Pvt. Ltd. Vs. The Income Tax Officer, C ...

Court: Chennai

Decided on: Oct-12-2015

(Prayer: Writ petition under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records relating to the impugned Assessment Order dated 27.3.2015 relating to PAN/GIR No. AABCR1863L for assessment year 2012-2013 and the Corrigendum to Assessment Order dated 9.4.2015 bearing No: AABCR1863L/12-13/99 passed by the Respondent / Assessing Officer and quash the same.) 1. The impugned assessment order dated 27.03.2015 relating to PAN/GIR No. AABCR1863L for assessment year 2012-2013 and the Corrigendum to Assessment Order dated 9.4.2015 bearing No: AABCR1863L/12-13/99 are being challenged on the ground that the circular issued by the department in accordance with Section 144 C of the Income Tax Act has not been complied with. The international transactions involved by the petitioner in this writ petition are referred to in paragraph 5 of the affidavit filed in support of the writ petition. The said international transactions were certified to b...


Oct 12 2015

M. Thangaraj and Others Vs. N. Arumugam

Court: Chennai Madurai

Decided on: Oct-12-2015

(Prayer: Review Application filed under Order XLVII, Rule 1 of the Code of Civil Procedure, 1908 read with Sections 114 and 151 of the Code of Civil Procedure, 1908 against the Judgment and decree dated 12.07.2002 passed in Second Appeal No.713 of 1991.) 1. The appellants in the Second Appeal in S.A.No.713 of 1991 has filed the above Review Application to review the Judgment and Decree passed in the above Second Appeal on 12.07.2002. 2. The respondent/plaintiff filed the suit in O.S.No.356 of 1982 on the file of the District Munsif Court, Sivagangai for specific performance. In the plaint, the respondent/plaintiff has stated that he entered into an agreement of sale with the appellants/defendants on 29.06.1982 agreeing to purchase the suit property for a sum of Rs.2,000/- and paid the said sum of Rs.2,000/- on the date of agreement itself. Further, the respondent/plaintiff had stated that the parties agreed to have one year time for the execution of the sale deed. Since the appellants/...


Oct 12 2015

N. Muthuramalingam Vs. The Superintendent of Police, Madurai District ...

Court: Chennai Madurai

Decided on: Oct-12-2015

(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the second respondent police to file a final report in Cr.No.38 of 2015 on the file of the respondents police within the period that may be stipulated by this Hon'ble Court.) 1. The petitioner has come forward with this petition under Section 482 of Code of Criminal Procedure, seeking a direction to the second respondent police to file a final report in Crime No.38 of 2015 on the file of the respondents police within the period that may be stipulated by this Hon'ble Court. 2. Heard the submissions made by the learned counsel appearing on either side. 3.The learned counsel for the petitioner would submit that on the basis of the complaint given by the petitioner, a case has been registered in Crime No.38 of 2015 on 18.02.2015 for the offences punishable under Sections 468, 471 and 420 IPC. However, the second respondent has not shown any interest to investigate the matter and lay a final report. ...


Oct 12 2015

S. Dhanalakshmi Vs. The Government of Tamil Nadu, rep. by its Secretar ...

Court: Chennai Madurai

Decided on: Oct-12-2015

(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus calling for the records relating to the impugned order made by the 2nd respondent dated 08.01.2015 and to quash the same as illegal and consequentially to direct the respondents 1 and 2 to pay and make good to the petitioner a sum of Rs.44,581/- towards the medical expenses incurred by the petitioner for her son within a time stipulated by this Court.) 1. This writ petition has been filed praying for issuance of a writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 2nd respondent dated 08.01.2015 and to quash the same as illegal and consequentially to direct the respondents 1 and 2 to pay and make good to the petitioner a sum of Rs.44,581/- towards the medical expenses incurred by the petitioner for her son within a time stipulated by this Court. 2. The case of the petitioner, in brief, is as foll...


Oct 12 2015

Professional Social Workers' Association (PSWA) Vs. The Government of ...

Court: Chennai

Decided on: Oct-12-2015

(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 respondents to cancel the appointment of the unqualified persons to the post of Social Welfare Officers and fill up the vacancies with qualified persons in the government hospitals and institutions in the state of Tamil Nadu.) 1. There is no representation for the petitioner. Heard the learned Government Advocate appearing for the respondents. 2. This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus directing the respondents to cancel the appointment of all the unqualified persons, who have been appointed to the post of Social Welfare Officer, and to fill up the vacancies with qualified persons in the Government Hospitals and in other Institutions in the State of Tamil Nadu. 3. The learned Government Advocate appearing for the respondents had submitted that during the year, 2010, certain appointme...


Oct 12 2015

P.S. Mohammed Ibrahim Vs. The Superintendent of Police, Ramanathapuram ...

Court: Chennai Madurai

Decided on: Oct-12-2015

(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the Respondent No.2 to file a Final Report in Crime No.46 of 2011 dated 15.07.2011 on the file of the Respondent No.2 for offences u/ss.467, 468, 471,420, 294(b) and 506(i) of I.P.C and proceed with the same as per law within the time stipulated by this Hon'ble Court.) 1. The petitioner has come forward with this petition under Section 482 of Code of Criminal Procedure, seeking a direction to direct the the Respondent No.2 to file a Final Report in Crime No.46 of 2011 dated 15.07.2011 on the file of the Respondent No.2 for offences u/ss.467, 468, 471,420, 294(b) and 506(i) of I.P.C and proceed with the same as per law within the time stipulated by this Hon'ble Court. 2. When the matter is taken up for hearing, the learned Government Advocate (Criminal side) submits that the final report has already been filed on 26.09.2015 before the learned Judicial Magistrate,Mudhukulathoor. 3. Recording the s...


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