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Chennai Court October 2015 Judgments

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Oct 09 2015

Mohan Vs. State rep. by The Inspector of Police, Lalgudi Police Statio ...

Court: Chennai Madurai

Decided on: Oct-09-2015

(Prayer: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the First Additional District and Sessions Court (PCR Court), Trichy to consider the petitioner's bail application in Crime No.363 of 2015 on the file of the respondent police on the same day of his surrender.) 1. Heard both sides. 2. The petitioner, who apprehends arrest for the offences punishable under Sections 147, 148, 294(b), 336, 324 and 506(ii) IPC r/w Section 3(1)(r) and (s) 3(2)(Va) SC/ST (POA) Amendment Ordinance, 2014 in Crime No.363 of 2015 on the file of the respondent police, move this petition seeking a direction to the First Additional District and Sessions Court (PCR Court), Trichy, to accept the surrender of the petitioner and consider his bail application on the same day on merits, in relating to Crime No.363 of 2015. 3. Perused the records. 4. The learned Government Advocate (Crl. Side) submits that the injured has been discharged from the hospital. 5. The offences comp...


Oct 09 2015

Puthiyal and Others Vs. Karupayee and Others

Court: Chennai Madurai

Decided on: Oct-09-2015

(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 04.07.2013 in A.S.No.49 of 2011 on the file of I Additional District Judge, Tirunelveli confirming the judgment and decree dated 23.12.2010 in O.S.No.95 of 2005, on the file of the Additional Subordinate Judge, Tenkasi.) Common Judgment 1. The Second Appeal in S.A.(MD)No.743 of 2013 arises against the judgment and decree passed in A.S.No.49 of 2011, on the file of I Additional District Court, Tirunelveli, confirming the judgment and decree passed in O.S.No.95 of 2005, on the file of the Additional Subordinate Court, Tenkasi. The plaintiffs are the appellants and the respondents were the defendants in the suit. The plaintiffs filed the suit in O.S.No.95 of 2005 for partition and separate possession. 2. The Second Appeal in S.A.(MD)No.746 of 2013 arises against the judgment and decree passed in A.S.No.56 of 2011, on the file of I Additional District Court, Tirunelveli, confirm...


Oct 09 2015

P. Arul Vendan Vs. Sharad V. Parekh rep. by its Managing Director

Court: Chennai

Decided on: Oct-09-2015

(Prayer: Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for violating the clear and categorical direction of this Court dated 21.10.2013 made in M.P.No.1 of 2013 in W.P.No.27706 of 2011.) 1. The contempt petition is filed for the alleged non-compliance of the orders of this Court dated 21.10.2013 made in M.P.No.1 of 2013 in W.P.No.27706 of 2011. 2. The matter was listed on various occasions for amicable settlement between the parties. The petitioner obtained an award dated 18.7.2007 passed by the I Additional Labour Court, Chennai in I.D.No.378 of 2007 to reinstate him with continuity of service and 25% of backwages. The said award is questioned in W.P.No.27706 of 2013 by the management. Pending disposal of the said writ petition, the management reinstated the petitioner on 5.1.2013 without prejudice to the contentions of both parties in the writ petition. 3. The grievance of the petitioner is that he is paid only last dr...


Oct 09 2015

The Government of Tamilnadu rep. by its Secretary, Education, Science ...

Court: Chennai

Decided on: Oct-09-2015

(Prayer: Review Petition filed under Order XLVII Rule 1 read with Section 114 of C.P.C. to review the order dated 04.07.2013 passed in W.P.No.18183 of 2013 and to set aside the same.) 1. The petitioners in W.P.No.18183 of 2013 filed Contempt Petition No.683 of 2015 complaining that the order passed by this Court dated 04.07.2013 in W.P.No.18183 of 2013 is not complied with. While so, the State has filed the Review Application No.276 of 2014 before this Court. 2. Admittedly, the writ petitioners are 25 in number. They were employed as part time Vocational Instructions in the Government Schools or Aided Schools and they were appointed by Parent Teachers Association. All of them are in possession of requisite qualifications. They filed W.P.No.18183 of 2013 seeking for issuance of a Writ of Mandamus, directing the respondents to send the petitioners for short term training course of the concerned District Institute of Educational Training (DIET) within a stipulated time that may be fixed b...


Oct 09 2015

R. Srimathi Vs. The Superintendent of Police, Trichy and Others

Court: Chennai Madurai

Decided on: Oct-09-2015

(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the 2nd respondent to provide adequate police protection to the petitioner and her husband Nethaji Subash Chandra Bose life and limb during the marriage reception on 28.8.2015 at about 8 pm to 10 pm on the basis of the petitioner's representation dated 21.8.2015.) 1. The learned counsel appearing for the petitioner seeks permission of this Court to withdraw this petition. He has also made an endorsement to that effect. 2. In view of the endorsement, made by the learned Counsel appearing for the petitioner, this petition is dismissed as withdrawn....


Oct 09 2015

S. Karthikeyan Vs. The Secretary, Tamil Nadu Public Service Commission ...

Court: Chennai Madurai

Decided on: Oct-09-2015

(Prayer: The Writ Petition has been filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing respondent to consider the petitioner for appointment to the post of Assistant Director of Statistics in pursuance to the Notification No.1/2013, dated 10.01.2013 within the time stipulated by this Court.) 1. This Writ Petition has been filed by S.Karthikeyan, who was not passed M.A., (Economics) on the date of notification issued by the Tamil Nadu Public Service Commission on 10.01.2013 inviting applications for recruitment to the post of Assistant Director of Statistics in Tamil Nadu Statistics Service, seeking for issuance of a Writ of Mandamus directing respondent to consider him for appointment to the post of Assistant Director of Statistics pursuant to the Notification No.1/2013, dated 10.01.2013. 2. Mr.K.K.Senthil, learned standing counsel takes notice for the respondent/TNPSC. 3. Learned counsel appearing for the petitioner would submit t...


Oct 09 2015

Thanapackiyam Vs. State of Tamil Nadu Rep. by its District Collector T ...

Court: Chennai

Decided on: Oct-09-2015

(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree of the Principal Subordinate Judge, Nagapattinam dated 16.10.1998 made in A.S.No.88 of 1998 confirming the judgment and decree of the learned District Munsif, Mannargudi dated 20.11.1997 made in O.S.No.14 of 1997.) 1. The plaintiff in the original suit is the appellant in the second appeal. 2. The appellant filed the suit O.S.No.14/1997 in the Court of the District Munsif, Mannargudi for the relief of permanent injunction on the basis of the plaint averments, which are as follows: 3. The suit property is a riverbed poramboke land belonging to the Tamil Nadu Government and the same is maintained by Public Works Department. The appellant herein/plaintiff has been in enjoyment of the suit property for more than 30 years. As on the date of filing of the suit, she had planted 25 coconut trees and out of the 25 coconut trees planted by her, 15 were yielding trees. The trees and their us...


Oct 09 2015

Vinodh and Others Vs. State rep. by The Inspector of Police Fort Polic ...

Court: Chennai Madurai

Decided on: Oct-09-2015

(Prayer:Appeals are filed under Section 374(2) of the Code of Criminal Procedure against the judgment passed by the Sessions Judge, Tiruchirappalli Division, Tiruchirappalli, in S.C.No.111 of 2011 dated 19.01.2012.) S. Nagamuthu, J. The appellants are the accused 1 to 3 in S.C.No.111 of 2011 on the file of the learned Sessions Judge, Tiruchirappalli Division, at Tiruchirappalli. A1 to A3 stood charged for offences under Sections 341 r/w 34 IPC and 302 read with 34 IPC, in addition, the third accused was charged for the offence under Section 506(ii) IPC also. By judgment, dated 19.01.2012, the trial Court convicted the accused under all charges. For the offence under Section 341 r/w 34 IPC, the trial Court sentenced them to undergo simple imprisonment for one month and to pay a fine of Rs.200/-, in default, to undergo simple imprisonment for 10 days. For the offence under Section 302 r/w 34 IPC, the trial Court sentenced all the three accused to undergo imprisonment for life and to pay ...


Oct 09 2015

Shanmugam Vs. The Commissioner of Police, Madurai and Another

Court: Chennai Madurai

Decided on: Oct-09-2015

(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the Respondent No.1 to instruct the Respondent No.2 for not to harass the petitioner, his aged wife and his daughter in the name of enquiry by considering the representation preferred by the petitioner dated 28.08.2015.) 1. The petitioner has come forward with this petition seeking for a direction, to direct the Respondent No.1 to instruct the Respondent No.2 for not to harass the petitioner, his aged wife and his daughter in the name of enquiry by considering the representation preferred by the petitioner dated 28.08.2015. 2. The learned counsel for the petitioner submitted that the petitioner has given a representation to the second respondent on 28.08.2015, but the second respondent police had not taken any steps to register a case and hence, the petitioner has come forward with this petition for the above stated relief. 3. At this juncture, the learned Government Advocate(Crl. Side), on inst...


Oct 09 2015

Sivakumar Vs. State represented by The Inspector of Police, Thiruchira ...

Court: Chennai Madurai

Decided on: Oct-09-2015

(Prayer: Appeal is filed under Section 374 of the Code of Criminal Procedure against the Judgment and conviction passed by the learned Principal Sessions Judge, Tiruchirappalli, made in S.C.No.52 of 2011, dated 19.06.2012.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.52 of 2011, on the file of the learned Principal Sessions Judge, Tiruchirappalli. He stood charged for the offence under Sections 302 and 392 I.P.C. By Judgment, dated 19.06.2012, the Trial Court convicted him under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2,000/- in default to undergo rigorous imprisonment for six months for the offence under Section 302 I.P.C. and to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for three months, for the offence under Section 392 I.P.C. The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appella...


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