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Chennai Court December 2015 Judgments

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Dec 16 2015

Kathiresan Vs. The State Rep. by Inspector of Police, Tirunelveli Dist ...

Court: Chennai Madurai

Decided on: Dec-16-2015

(Prayer: Appeal filed under Section 374 of the Code of Criminal Procedure against the conviction and sentence passed by the Sessions Judge, Magalir Neethimandram, Tirunelveli, in S.C.No.85 of 2006 dated 26.02.2007.) 1. This is a case of child rape. The appellant/accused is the sole accused in S.C.No.85 of 2006 on the file of the learned Sessions Judge, Magalir Neethimandram, Tirunelveli. The trial court framed two charges against the accused. He stood charged for offences under Sections 366 and 376(1) of IPC. By judgment dated 26.02.2007, the learned Sessions Judge, convicted the appellant/accused under Sections 366 and 376(1) of IPC and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.1000/- in default to undergo rigorous imprisonment for three months for offence under Section 366 of IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1000/- in default to undergo rigorous imprisonment for three months for offence under...


Dec 16 2015

K. Jeyabalan Vs. The Deputy Inspector General of Police, Ramanathapura ...

Court: Chennai Madurai

Decided on: Dec-16-2015

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned order passed by the 1st respondent in C.No.B1/6416/2014 dated 07.01.2015 and the consequential order passed by the 2nd respondent in C.No.F1/19470/2014 dated 13.01.2015, quash the same and consequently direct the respondents to provide all subsistence allowance to the petitioner without any default.) 1. The issue involved in this writ petition lies in a narrow compass. 2. The grievance of the petitioner is that now he is denied subsistence allowance by the impugned order dated 07.01.2015 issued by the 1st respondent and the consequential order dated 13.01.2015 issued by the second respondent. 3. The petitioner is a Sub-Inspector of Police at Kenikkarai Police Station in Ramanathapuram District. He was placed under suspension by an order dated 10.07.2014 by the 1st respondent pending disciplinary action. Par...


Dec 16 2015

M/s. T N K Govindaraju Chetty and Co. Pvt., Ltd., Vs. The Presiding Of ...

Court: Chennai

Decided on: Dec-16-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorari to call for the records connected with C.P.No.84 of 2009, on the file of the first respondent / II Additional Labour Court, Chennai, and to quash the order, dated 10.07.2012 made therein.) 1. The prayer in the writ petition is for issuance of a writ of certiorari to quash the impugned order, dated 10.07.2012, in C.P.No.84 of 2009, whereby and whereunder the first respondent has directed the petitioner / Management to pay Rs.48,28,632/- as difference of minimum wages to the respondents 2 to 68. 2. The short facts of the case are as follows: The respondents 2 to 68 herein had filed a claim petition, in C.P.No.84 of 2009, before the first respondent, against the writ petitioner / Management herein, claiming difference in minimum wages amounting to Rs.48,28,362/- due to them from 01.04.1996 to 31.03.2009. 3. According to the respondents 2 to 68, they have joined the service of the petitione...


Dec 16 2015

P. Prabin and Another Vs. The Superintendent of Police, Kanyakumari Di ...

Court: Chennai Madurai

Decided on: Dec-16-2015

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorafiedfied, calling for the records relating to the impugned order of the 4th respondent in T10/Inspector/Namuna/20/2015, dated 03.02.2015 and quash the same and consequently direct the respondents to accord permission and provide police protection to the 20th Annual Day Celebration of Nehru Ninaivu Vilaiyattu Mandram scheduled on 1st and 2nd January 2016 and pass orders.) Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified, calling for the records relating to the impugned order issued by the 4th respondent dated 04.12.2015 in his proceedings T10/Aaivalar/Namuna/22/2015 and quash the same and consequently direct the 4th respondent to grant permission and protection for conducting Annual Day Celebration of the petitioner Society at Thodukulam Kalaiarangam, Kanjiracode Post, Vilavancode Taluk, Kan...


Dec 16 2015

M/s. Kripa Outdoor Publicity, rep by its Proprietor Vs. Customs, Excis ...

Court: Chennai

Decided on: Dec-16-2015

(Prayer: Appeal filed against the order of the Customs, Excise and Service Tax Appellate Tribunal, Chennai, dated 22.11.2010, in appeal No.ST/30/40.) 1. This Civil Miscellaneous Appeal has been filed, under Section 35(G)(1) of the Central Excise Act against the final order, dated 22.11.2010, passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai, confirming the order passed by the authorities below imposing the maximum penalty on the appellant, on the belated payment of duty, under Section 76 of the Finance Act, 1994. The brief facts of the case are as follows: 2. The appellant had formed a partnership company during the year, 1985, doing business in outdoor rural advertising services. The appellant had voluntarily registered itself with the authorities concerned, on 26.2.1998, and had also obtained a certificate of registration. Due to the misunderstanding that had developed between the partners of the partnership firm and on account of severe bus...


Dec 16 2015

S. Jayalakshmi and Others Vs. The District Collector, Erode District a ...

Court: Chennai

Decided on: Dec-16-2015

(Prayer in W.P.Nos.39562 and 39563 of 2015:- Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the entire records relating to the impugned order passed by the first respondent in his proceedings No.NH-47/Arbitration/2015 dated 9/10/2015 and quash the same and consequently directing the first respondent to entertain the petitioner's appeal dated 5/10/2015 filed under Section 3-G(5) of National Highways Act for higher compensation and dispose the same on merits.) Common Order 1. With the consent of the learned counsel on either side, these writ petitions are taken up for final disposal. 2. Heard Mr.C.Prakasam, learned Counsel appearing for the petitioners and Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the respondents. 3. In all these Writ Petitions, the petitioners claim for enhancement of compensation which came to be rejected by the District Collector by the impugned proceed...


Dec 15 2015

Hemendhra Reddy and Another Vs. The State, Rep. by Additional Superint ...

Court: Chennai

Decided on: Dec-15-2015

(Prayer: Criminal Original Petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973, to call for the records in C.C.No.13 of 2015, on the file of the XIII Additional Special Judge for CBI Cases, Chennai and to quash the same.) Common Order: 1. These criminal original petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records relating to Calendar Case No.13 of 2015 and quash the final report. 2. The case of the prosecution is that the prime accused, by name, D.Dwarakanadha Reddy, has served as appraiser in Customs Department in the year 2004. After receipt of reliable information, the Superintendent of Police, SPE/CBI/ACB, Chennai, has conducted investigation with regard to possession of properties by the prime accused and his wife, disproportionate to his regular income. The prime accused has been given notice and thereby directed to give proper explanation. Since he has not given any satisfactory expl...


Dec 15 2015

K. Nagu Thevan @ Ashok Kumar Vs. The Chairman, Teachers Recruitment Bo ...

Court: Chennai Madurai

Decided on: Dec-15-2015

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of certiorarified mandamus to call for the records pertaining to the selection of the respondents 3 and 4 to the post of Assistant Professor (History) Tamil Medium as per the impugned provisional list of candidates selected after oral interview dated 08.04.2015 published by the respondents 1 and 2, and quash the same and consequently direct the respondents to appoint the petitioner in the post of Assistant Professor (History) Tamil Medium.) 1. Challenging the impugned proceedings dated 08.04.2015 of the respondents 1 and 2 in selecting the respondents 3 and 4 to the post of Assistant Professor (History) Tamil Medium, the petitioner has filed the present writ petition to quash the same, with a consequential direction to the respondents 1 and 2 to appoint him in the said post. 2. It is the claim of the petitioner that he had passed S.S.L.C. (Tamil Medium) in the year 1989, Higher Secondary Examin...


Dec 15 2015

R. Balasubramanian and Others Vs. The State of Tamil Nadu and Others

Court: Chennai

Decided on: Dec-15-2015

(Prayer: Review Application is filed under Order 47 Rule 1 of the Constitution of India r/w Section 114 of the Code of Civil Procedure, to review the order, dated 02.09.2015, passed in W.P.No.12909 of 2014, on the file of this Court.) 1. The petitioners have filed this review application to review the Order, dated 02.09.2015, passed by this Court, in W.P.No.12909 of 2014. 2. The short facts of the case are as follows: The petitioners had filed a writ petition, in W.P.No.12909 of 2014, seeking a writ of declaration to declare that the land acquisition proceedings, initiated under the Land Acquisition Act, 1894, in respect of their lands comprised in Survey Nos.73/1B, 73/3 of Thiruvidanthai Village (formerly Semmancherry Village), Chengelpet Taluk, Kancheepuram District, as lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which came into force with effect from 01.01.2014. This Court, after c...


Dec 15 2015

P. Sumathi Vs. K. Krishna Gounder and Others

Court: Chennai

Decided on: Dec-15-2015

(Prayer: Civil Miscellaneous Appeal is filed under Order 43 Rule 1 of the Code of Civil Procedure, to set aside the order passed in E.A.No.221 of 2013, dated 05.03.2015, in E.A.No.61 of 2006, on the file of the Principal District Judge, Coimbatore, in E.P.No.2 of 2004, on the file of the Deputy Registrar, Co-operative Societies.) 1. The history of the case are as follows:- The Deputy Registrar of Co-operative Societies, Coimbatore, had issued a demand notice, dated 12.01.2004, to the third respondent, namely, M.Prabakaran, directing him to pay a sum of Rs.13,30,000/- in view of deficit in the assets to meet the liabilities of the creditors. Subsequently, the Special Officer, attached to Primary Agricultural Co-op Bank, Varathampalayam, Kattampatty Post, had also sent a communication to the Deputy Registrar of Co-operative Societies requesting him to initiate a case against the Secretary K.Shanmugasundaram and the Cashier-cum-Senior Clerk M.Prabhakaran / third respondent herein, on the ...


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