Chennai Court December 2015 Judgments
K.R. Ramaswamy @ Traffic Ramaswamy and Another Vs. The Chief Election ...
Court: Chennai
Decided on: Dec-30-2015
(Prayer in WP.No.41106/2015:- Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the respondents 1 to 8 from allowing the 10th respondent to hold its General body meeting in the premises of the 11th respondent situated at Sri Ramachandra Medical College and Research Institute at No.24, Dr.Vasudevan Nagar, Thiruvanmiyur, Chennai - 600 041. WP.No.41107/2015: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 to 6 not to allow the 8th respondent political party AIADMK to conduct its General Body Meeting at Sri Ramachandra Medical College and Research Institute at No.24, Dr.Vasudevan Nagar, Thiruvanmiyur, Chennai - 600 041 belonging to the 9th respondent on 31.12.2015 or on any other date and consequentailly direct the 1st respondent to take action against 8th respondent by de-recognizing it and also prohibiting from contesting in any elections and also direc...
Tag this Judgment!Dr. Parthasarathy Vs. Rukmani and Another
Court: Chennai Madurai
Decided on: Dec-22-2015
(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records culminating in proceeding in PRC No.15 of 2015 on the file of the learned Judicial Magistrate, Pudukottai and quash the same.) 1. This petition has been filed, seeking to call for the records culminating in proceeding in P.R.C.No.15 of 2015 on the file of the learned Judicial Magistrate, Pudukottai and quash the same. 2. The case of the petitioner is that he is aged 76 years now and he has been falsely implicated in a case in P.R.C.No.15 of 2015 on the file of the learned Judicial Magistrate, Pudukottai for the incident said to have taken place on 02.04.2009. The 1st respondent herein made a complaint to the Police, alleging that she was raped by the petitioner herein and that Police investigated into the matter and after examination, closed the complaint. During investigation, there is a statement given by the mother of the victim, which was construed as hearsay and the same has not been ac...
Tag this Judgment!G.K. Theppeswaran Vs. Naseem Banu and Another
Court: Chennai
Decided on: Dec-22-2015
(Prayer: Criminal Original Petition filed under Section 439(2) of Code of Criminal Procedure with a prayer to cancel the anticipatory bail granted by this Court on 20.11.2014 in Crl.O.P.No.27442 of 2014 in Crime No.40 of 2014 on the file of the second respondent and direct the second respondent to arrest the first respondent, commit her to their custody.) 1. This petition has been filed by G.K.Theppeswaran, who is the elected Chairman of the Mopperipalayam Town Panchayat for cancellation of anticipatory bail, that was granted by this Court to Naseem Banu (first respondent herein) by order in Crl.O.P.No.27442 of 2013 dated 20.10.2014. 2. Before adverting to the grounds raised in this petition, it is essential to narrate the accusations and allegations against Naseem Banu (first respondent/A-1). It appears that on the complaint lodged by G.K.Theppeswaran (petitioner herein) that there is embezzlement of the Panchayat Union funds, the District Collector ordered to conduct inspection and t...
Tag this Judgment!S. Ashok Kumar Vs. State rep. by The Assistant Commissioner of Police ...
Court: Chennai
Decided on: Dec-22-2015
(Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 herein to produce the body of the petitioner's minor son A.Kavin before this Court and set him at liberty.) S. Tamilvanan, J. 1. This Habeas Corpus Petition has been filed by the petitioner, seeking an order in the nature of writ of Habeas Corpus, directing the respondents 1 and 2 to produce the corpus of his minor son A.Kavin before this Court and set him at liberty. 2. The petitioner has averred in his affidavit that he got married with one B.Mohana Priya, D/o. Boopathy Chettiar, the third respondent herein on 03.06.2009 at Poonamalle, as per Hindu rites and customs and out of the wedlock, the male child, Kavin, the detenue herein was born on 08.06.2011. The petitioner has alleged that from the date of the marriage, his wife was not taking care of the child at any point of time and she used to go to her job early ...
Tag this Judgment!Sakthi Gopalakrishnan and Another Vs. Mylathal and Others
Court: Chennai
Decided on: Dec-22-2015
(Prayer: Second Appeal filed under Section 100 of Code of Civil Procedure against the judgment and decree dated 09.10.2014 in A.S.No.27 of 2013 on the file of the Subordinate Judge, Pollachi confirming the judgment and decree dated 27.07.2013 in O.S.No.401 of 2003 on the file of the District Munsif, Pollachi.) 1. The plaintiffs in O.S.No.401 of 2003 on the file of the learned District Munsif, Pollachi are the appellants herein and the respondents are the defendants in the suit. The said suit was filed for partition and for allotment of 1/3rd share each to the appellants herein from and out of the suit property. The trial court dismissed the suit by decree and judgment dated 22.07.2013. As against the same, the appellants filed an appeal in A.S.No.27 of 2013 on the file of the learned Subordinate Judge, Pollachi. By decree and judgment dated 09.10.2014, the lower appellate court dismissed the appeal thereby confirming the decree and judgment of the trial court. As against the same, the ...
Tag this Judgment!Subha Vs. State rep. by Superintendent of Police, Nagapattinam Distric ...
Court: Chennai
Decided on: Dec-22-2015
(Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Habeas Corpus, directing the respondents to produce the corpus of the detenue, namely, Kaviyasri, D/o. Subha, Hindu, aged about 3 1/2 years before this Court and set her at liberty.) S. Tamilvanan, J. 1. This Habeas Corpus Petition has been filed by the petitioner, seeking an order in the nature of writ of Habeas Corpus, directing the respondents to produce the corpus of her daughter, the detenue, Kaviyasri, Hindu, aged about 3 1/2 years before this Court and set her at liberty. 2. The petitioner has averred in his affidavit that she was married to one Menon Babu on 03.09.2010 and out of the wedlock, female child Kavyasri, the detenue herein was born. Thereafter, the husband of the petitioner, who was a drunkard, died by hanging on 26.06.2013. 3. After the demise of Menon Babu, his wife, the petitioner herein stay at her father's house along with the child. On 22....
Tag this Judgment!The Management, Metropolitan Transport Corporation Ltd. Vs. T. Perumal ...
Court: Chennai
Decided on: Dec-22-2015
(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari, to call for the records pertaining to the rejection order No.E/240/14, dated 12.02.2014 on the files of the third respondent herein and quash the same.) Common Order: 1. The petitioner in all these Writ Petitions is the Management of the Metropolitan Transport Corporation, (Chennai) Ltd and the first respondent in all these Writ Petitions were employed as Drivers and Conductors by the petitioner Management, who have all attained the age of superannuation. 2. W.P.Nos.20116, 20118 to 20122 of 2014 have been filed challenging the order passed by the third respondent, the Joint Commissioner of Labour-I rejecting the appeals filed by the petitioner Management challenging the order passed by the second respondent exercising powers under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'Act') as being barred by limitation. The Controlling Authority under the Act computed th...
Tag this Judgment!Kevin John Sajith Vs. The Inspector of Police Meenambakkam, Chennai an ...
Court: Chennai
Decided on: Dec-22-2015
(Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Habeas Corpus, directing the first respondent police to produce the body of the mother of the petitioner, namely Sarah Thomas, aged about 39 years, who is illegally detained, before this Court and set her at liberty.) S. Tamilvanan, J. 1. This Habeas Corpus Petition has been filed by the petitioner, seeking an order, directing the first respondent police to produce the body of the mother of the petitioner, Mrs.Sarah Thomas, aged about 39 years, who is illegally detained, before this Court and set her at liberty. 2. The petitioner has averred in his affidavit that his mother, Mrs.Sarah Thomas, who has been working in Dubai for more than 10 years, use to visit him in India and holding valid passport in Passport No.K0895902, which was renewed on 20.10.2011. The petitioner further submits that his mother, had come from Dubai on 29.10.2014, by Emirates Airways and land...
Tag this Judgment!Ayyappan and Others Vs. State Rep. by Inspector of Police, Tirunelveli ...
Court: Chennai Madurai
Decided on: Dec-22-2015
(Prayer: Crl.A.(MD) No.109 of 2011: Appeal filed under Section 374 of the Code of Criminal Procedure against the conviction and sentence passed by the Additional Sessions Judge, Fast Track Court No.II, Tirunelveli, in S.C.No.109 of 2009 dated 14.02.2011.) Common Judgement S. Nagamuthu. J, 1. The appellants in Crl.A.(MD) No.109 of 2011 are accused in S.C.No.109 of 2009 and the appellants in Crl.A.(MD) No.110 of 2011 is the accused in S.C.No. 109(A) of 2009 on the file of the learned Additional Sessions Judge, Fast Track Court No.II, Tirunelveli. The trial court conducted joint trial in both the cases and delivered a common judgment. The appellants in Crl.A. (MD) No.109 of 2009 were arrayed as A1, A2, A4 and A5 and the appellant in Crl.A. (MD) No.110 of 2011 was arrayed as A3. [In this judgement, for the sake of convenience, we refer to the appellants in the order of array before the trial court]. They stood charged for offences under Sections 148, 302 and 506(ii) of IPC. By judgement da...
Tag this Judgment!K. Johnson Vs. The Superintendent of Police, Kanyakumari District and ...
Court: Chennai Madurai
Decided on: Dec-22-2015
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus, calling for the records, relating to the impugned order of the 4th respondent dated 06.12.2015 and quash the same and consequently, direct the respondents to accord permission and provide police protection to the petitioner's Christmas celebration scheduled on 25.12.2015 at S.No.119/4A, Thumbacode Village, Kalkulam Taluk, Kanyakumari District.) 1. This writ petition has been filed, seeking to quash the order of the 4th respondent dated 06.12.2015 and consequently, direct the respondents to accord permission and provide police protection to the petitioner's Christmas celebration scheduled on 25.12.2015 at S.No.119/4A, Thumbacode Village, Kalkulam Taluk, Kanyakumari District. 2. The case of the petitioner in nutshell is as follows: i) It is submitted that the petitioner is the Secretary of Zion Christhava Narpani Mantam, Aramannam, Cheruppaloor Post, Kanyakumari ...
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