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Chennai Court December 2015 Judgments

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Dec 01 2015

The Superintending Engineer, Chennai Electricity District Circle/North ...

Court: Chennai

Decided on: Dec-01-2015

(Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records relating C.P.No.14 of 2008 dated 03.09.2012, on the file of the first respondent and quash the same.) 1. The short facts of the case are as follows: The petitioner has stated that the second respondent herein has filed claim petition against the petitioner herein before the first respondent under Section 33-C(2) of the Industrial Disputes Act. He has further stated that the second respondent has stated in his claim petition that he was working as a contract worker, from 1989 till the date of claim petition under one Mr.Sheshain contractor in Gummidipoondi Town Division, Thiruvallur District and that the grievance of the second respondent in his claim petition is that the Board has not granted him the Ex-gratia amount every year as paid to other workers in the Board. He has stated that the Board, on 31.03.1998, formed an Identification Committee to...


Dec 01 2015

The Managing Director, Tamil Nadu State Transport Corporation KUM Ltd. ...

Court: Chennai

Decided on: Dec-01-2015

(Prayer: Appeal against the fair and decretal order dated 22.12.2014 passed in M.C.O.P.No.2088 of 2013 by the IVth Judge, Small Causes Court, Motor Accidents Claims Tribunal, Chennai.) S. Manikumar, J. 1. Being aggrieved by the finding, fixing negligence on the driver of the Tamil Nadu State Transport Corporation bus, bearing Registration No.TN 68 N 0328 and the quantum of compensation of Rs.29,77,000/-, with interest, at the rate of 7.5% per annum, from the date of claim, till deposit, awarded to the legal representatives of the deceased in M.C.O.P.No.2088 of 2013, dated 22.12.2014, on the file of the Motor Accident Claims Tribunal (IV Court of Small Causes), Chennai, the Tamil Nadu State Transport Corporation has filed this appeal. 2. Material on record and the impugned judgment shows that on 27.01.2013, about 12.30 Hours, when Mr.Damodharan, was riding a two-wheeler, bearing Registration No.TN 19 H 4694, at ECR, Hajjiya Nagar, Pudupattinam, a Tamil Nadu State Transport Corporation b...


Dec 01 2015

Amaravathi Vs. The Accountant General Accountant General Office, Chenn ...

Court: Chennai Madurai

Decided on: Dec-01-2015

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct to forbear the respondents to disburse the retirement benefits and other pension benefits to the 3rd respondent by considering representation sent by the petitioner on 14.11.2015.) 1. The petitioner is the wife of the third respondent, who is employed under the second respondent. There is a matrimonial dispute between the petitioner and the third respondent. 2. While so, the petitioner has filed this writ petition seeking to forbear the respondent to disburse the terminal benefits to the petitioner on his retirement. 3. Heard the learned counsel for the petitioner. 4. When this Court has put a question to the learned counsel for the petitioner as to the rules based on which he sought the direction in this writ petition, the learned counsel for the petitioner is not able to cite any rule or any decision in his favour. On the other hand, he has submitted that a ma...


Dec 01 2015

C. Palaniappan and Others Vs. The Regional Transport Officer (West), T ...

Court: Chennai Madurai

Decided on: Dec-01-2015

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to return the petitioner's license in TN 57 19920001332 forthwith to the petitioner.) 1. The learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel for the petitioner, this writ petition is is dismissed as withdrawn. No costs....


Dec 01 2015

June Beale and Others Vs. -----

Court: Chennai

Decided on: Dec-01-2015

(Prayer: Civil Miscellaneous Appeal is filed under Section 299 of the Indian Succession Act, 1925 and under Order XLI Rule 1 r/w Section 96 of the Code of Civil Procedure, 1908, to set aside the Order, dated 18.10.2012 in O.P.No.15 of 2012, on the file of the learned District Judge of Nilgiris at Udhagamandalam and allow the petition as filed in the interests of justice.) 1. The appellants have preferred the present appeal against the Order, dated 18.10.2012, passed in O.P.No.15 of 2012, by the learned District Judge of Nilgiris at Udhagamandalam. 2.The short facts of the case are as follows:- The appellants had filed an original petition, in O.P.No.15 of 2012, before the learned District Judge of the Nilgiris, Udhagamandalam, seeking letters of administration, in their favour, to the Last Will of the deceased Teresa Bullmore, dated 14.12.2005, registered as document No.73 of 205, in the Office of the Sub-Registrar of Coonoor, to have effect throughout the State of Tamil Nadu. 3. Accor...


Dec 01 2015

K. Chellam and Another Vs. The Assistant Executive Engineer, Tamil Nad ...

Court: Chennai Madurai

Decided on: Dec-01-2015

(Prayers: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first and the second respondents don't give an electricity connection in the name of the third respondent for the petitioner's village temple called Sri Azhagu Natchiyamman, situated at Sy.No.21/18 at public place in V.Karisalkulam Village, Thiruchuli Taluk, Virudhungar District. Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to give service connection to the petitioner temple namely Sri Alagunatchiamman Temple situated at V.Karisalkulam Village, Vayalcheri Post, Thiruchuli Taluk, Virudhungar District, forthwith by considering his representation dated 20.01.2015.) Common Order: Since the issue involved in both the writ petitions are one and the same, they are taken together and a common order is passed. 2. W.P.(MD).No.3874 of 2015 is filed seeking for a Mandamus directing the first responden...


Dec 01 2015

Anandakumar, rep.by Next Friend and Guardian and Another Vs. M. Periya ...

Court: Chennai

Decided on: Dec-01-2015

(Prayer: Appeals against the judgment and decree, dated 25.02.2013, passed in M.C.O.P.No.532 of 2010, on the file of Motor Accident Claims Tribunal-cum-I Additional District Judge, Tiruppur.) Common Judgment S. Manikumar, J. 1. Being aggrieved by the finding, fixing negligence on the driver of the State Transport Corporation bus, bearing registration No.TN-38-N-1787, and the quantum of compensation of Rs.25,60,279/-, with interest, at the rate of 7.5% per annum, from the date of claim till deposit, awarded to the injured in M.C.O.P.No.532 of 2010, dated 25.05.2013, on the file of Motor Accident Claims Tribunal-cum- First Additional District Judge, Tiruppur, the Managing Director, Tamil Nadu State Transport Corporation Limited, Coimbatore Division, has filed C.M.A.No.3422 of 2013. 2. Not satisfied with the above quantum of compensation, the injured has filed C.M.A.No.2809 of 2013, for enhancement. He has also filed M.P.No.1 of 2015, to receive the medical bills, in two sets and the pres...


Dec 01 2015

L. Amarnath Vs. The Presiding Officer, Labour Court, Trichy and Anothe ...

Court: Chennai Madurai

Decided on: Dec-01-2015

(Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order dated 04.10.2012 made in W.P(MD)No.11627 of 2012.) V. Ramasubramanian, J. 1. The workman has come up with the above writ appeal, questioning the correctness of the order passed by the learned Judge, dismissing the writ petition arising out of the rejection of his application for setting aside an exparte award. 2. Heard Mr.S.Arunachalam, learned Counsel for the appellant and Mr.D.Sivaraman, learned Counsel for the second respondent Corporation. 3. The appellant herein was employed as a Conductor in the Tamil Nadu State Transport Corporation. He raised an Industrial Dispute, under Section 2A of the Industrial Disputes Act, 1947, in I.D.No.22 of 2006, relating to his non-employment. The Industrial Dispute was dismissed by the Labour Court, Trichirappalli, by an award dated 12.12.2008, for non-prosecution. 4. Thereafter the appellant filed an application for restoration of the Industrial Dispute, along with an a...


Dec 01 2015

D. Karikalan Vs. The Chief Engineer, Tamilnadu Electricity Distributio ...

Court: Chennai Madurai

Decided on: Dec-01-2015

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to appoint the petitioner on compassionate grounds in accordance with the Board proceedings in B.P.Ms.(F.B) No.3 dated 09.01.2007 with all monetary and attendant benefits.) 1. The father of the petitioner was an employee in the respondent Tamil Nadu Electricity Board. He applied for compassionate appointment. The second respondent issued a proceeding in ( Tamil ?) dated 20.03.2007 to furnish the documents referred to therein. 2. The grievance of the petitioner is that though he furnished those documents, no further reply is given by the second respondent. Hence, he made representation dated 31.03.2015. Now, the petitioner has filed this writ petition seeking direction to the first respondent to dispose of the representation dated 31.03.2015 referred to above. But, no acknowledgement is enclosed for having sent the representation to the first resp...


Dec 01 2015

Indra Vs. B.G. Giri

Court: Chennai

Decided on: Dec-01-2015

(Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Hindu Marriage Act, 1955, against the fair and decreetral order of the Learned II Additional Principal Judge, Chennai dated 05.07.2012 passed in O.P.No.2890 of 2007.) M. Venugopal, J. 1. The Appellant/Respondent has focused the present Civil Miscellaneous Appeal as against the order dated 05.07.2012 in O.P.No.2890 of 2007 passed by the Learned II Additional Principal Judge, Family Court, Chennai. 2. The Learned II Additional Principal Judge, Family Court, Chennai, while passing the impugned order on 05.07.2012 in O.P.No.2890 of 2007 [filed by the Respondent/Petitioner (Husband) under Section 13 (1)(ia) and (ib) and Section 26 of the Hindu Marriage Act, 1955] at paragraphs 19 and 20 had observed the following: 19. In order to strengthen the case of the petitioner, the parents his mother and father were examined as P.W.2 and P.W.3. They too deposed the cruel and the inhuman acts of the respondent not only towards the petit...


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