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Chennai Court December 2015 Judgments

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Dec 14 2015

Revathi Vs. The Secretary to Government, Home, Prohibition and Excise ...

Court: Chennai Madurai

Decided on: Dec-14-2015

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to call for the records pertaining to the impugned detention order passed by the second respondent made in his proceedings in P.D.No.47/2015, dated 27.08.2015 in detaining the detenu under Section 2(f) of Tamil Nadu Act 14 of 1982 as a GOONDA and quash the same and direct the respondents to produce the detenu, namely, Kasiayya, S/o.Murugaiyan, Male, aged about 46 years, who is detained in Central Prison, Tiruchirappalli, before this Court and set him at liberty.) V.S. Ravi, J. 1. The petitioner is the wife of the detenu viz., Mr.Kasiayya, S/o.Murugaiyan, aged about 46 years. The detenu has been detained, as per the order of the second respondent, dated 27.08.2015, under Section 2(f) of the Tamilnadu Act 14 of 1982, branding him as Goonda ?. Challenging the same, she has come up with this Habeas Corpus Petition. 2. We have heard the learned counsel for the petitioner and the ...


Dec 11 2015

R. Kumar Vs. The Commissioner, Kanyakumari District and Others

Court: Chennai Madurai

Decided on: Dec-11-2015

(Prayers: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus to call for the records relating to the resolution No.1092 dated 15.10.2015 passed by the second respondent and the retender notification issued by the first respondent in Na.Ka.No.5246/2015/E3 dated 03.11.2015 and quash the same and further directing the first respondent to give the work order in respect of the construction work of Health Centre, Thollavilai, Kanyakumari District.) Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus to call for the records pertaining to the resolution of the Nagercoil Municpal Council No.1092, dated 15.10.2015 in respect of the contract work No. 16/15-16/,3(RE) and quash the same and direct the respondents to allot the contract work to the petitioner as per the tender held dated 09.10.2015. Writ Petition is filed under Article 226 of the Constitution of I...


Dec 11 2015

Amogaraj Vs. Inspector of Police, Ariyalur District

Court: Chennai

Decided on: Dec-11-2015

(Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C., against the judgment made in S.C.No.66 of 2014 dated 30.06.2015 on the file of the Judge, Fast Track Mahila Court, Ariyalur.) 1. Challenge in this Criminal Appeal is to the convictions and sentences dated 30.6.2015 passed in Sessions Case No.66 of 2014 by the Fast Track Mahila Court, Ariyalur. 2. The case of the prosecution is that the prosecutrix by name Ramba is deaf and dumb. On 3.12.2013, while she has been in her house alone, the accused has trespassed into her house and subsequently deflowered her. After occurrence, the step mother of the prosecutrix by name Elammal, as defacto complainant, has given a complaint and the same has been registered in Crime No.285 of 2013. The complaint given by the defacto complainant has been marked as Ex.P.1. 3. On receipt of Ex.P.1, the Investigating Officer, viz., P.W.16, has taken up investigation, examined connected witnesses and also made arrangements to conduct medical examinati...


Dec 11 2015

Lyme George Vs. The General Manager (Personnel Air India Limited, Chen ...

Court: Chennai

Decided on: Dec-11-2015

(Prayer:- This Writ Petition is filed to issue a Writ of Certiorari to call for the records relating to the order of the 2nd Respondent dated 30.07.2015 in Ref.No.MAA/IFS/CC/DISC/81010263/788 and to quash the same.) In this Writ Petition, the Petitioner has challenged the proceedings of the 2nd Respondent dated 30.07.2015, imposing punishment. 2. The Petitioner joined in the Respondent Company as an Air Hostess on 8.1.1990 and she worked as a Cabin Crew for more than 20 years and she is presently working as Assistant Manager (IFS). She was the Chief Cabin Crew In-charge of the Flight AI-907/908 on 1/2.07.2015. A search on the crew baggage, while the transport carrying crew members arrived at the entrance of the Integrated Security Complex, was conducted on 2.7.2015. It was found by the Security Department that there was an unclaimed green zipper bag containing items in the crew shuttle transport and the catering items supplied by Taj Flight Kitchen for AI 907/AI 908 of 2nd July 2015 we...


Dec 11 2015

Amsavalli (Died) and Others Vs. Sarangabani

Court: Chennai

Decided on: Dec-11-2015

(Prayer: It is prayed that this Court may be pleased to (A) accept the cause title as shown in above second appeal S.A.S.R.No.41479 of 2015 and (B) pass an order of injunction restraining the respondent, his men, agents or any person claiming under him from putting up any construction in the property described as 'B' schedule hereunder, being the subject matter of suit in O.S.No.270 of 2008, on the file of the Principal District Munsif Court, Mayiladuthurai pending disposal of the above second appeal.) 1. The suit in O.S.No.270 of 2008 on the file of the learned Principal District Munsif, Mayiladuthurai, was filed by one Mrs.Amsavalli for recovery of possession of the suit property from the respondent herein. The trial Court, by decree and judgment dated 27.02.2014, dismissed the suit. As against the same, Mrs.Amsavalli, the sole plaintiff, filed an appeal in A.S.No.35 of 2014 before the learned Principal Subordinate Judge, Mayiladuthurai. By decree and judgment dated 27.01.2015, the f...


Dec 11 2015

M.V. Sethumadavan Vs. State rep. by Inspector of Police, Chennai

Court: Chennai

Decided on: Dec-11-2015

(Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C., against the judgment passed in C.C.No.144 of 1997 dated 29.12.2005 on the file of the Additional Special Judge for CBI Cases, Chennai.) 1. The conviction and sentence dated 29.12.2005 passed in Calendar Case No.144 of 1997 by the Additional Special Judge for CBI Cases, Chennai are being challenged in the present Criminal Appeal. 2. The case of the prosecution is that during July and December 1989, the accused 1 and 2 have entered into a criminal conspiracy in Avadi, Chennai and also other places and thereby agreed to do or caused to do an illegal act, viz., cheating Vijaya Bank, Avadi Branch and to commit criminal misconduct. In pursuance of their criminal conspiracy, the first accused as Branch Manager has misused his official position, fraudulently and dishonestly discounted 12 bills bearing Nos.BD 15/89 to 26/89 for a total sum of Rs.53.76 Lakhs, drawn in favour of M/s.Nimas International, Bombay, exceeding his discreti...


Dec 11 2015

Krishnan Vs. Suseela Narayanan and Others

Court: Chennai

Decided on: Dec-11-2015

(Prayer:- Civil Revision Petitions are filed under Article 227 of Constitution of India, against the fair and decreetal order dated 03.03.2011 in I.A.Nos.256 and 211 of 2011 in O.S.No.386 of 2004 on the file of the Additional District Munsif Court, Alandur.) Common Order 1. The Civil Revision Petitions are filed against the fair and decreetal order dated 03.03.2011 in I.A.Nos.256 and 211 of 2011 in O.S.No.386 of 2004 on the file of the Additional District Munsif Court, Alandur. 2. The revision petitioner herein as a plaintiff filed a suit in O.S.No.386 of 2004 for a declaration of plaintiff's title over the B schedule cultivable land and consequential injunction restraining the defendants from interfering with the plaintiff's possession of the B schedule land and also for declaration that the plaintiff is entitled to easementary right of way over the C schedule property and for permanent injunction. The defendants filed a written statement and contesting the same. When the suit was pos...


Dec 11 2015

D. Balaraman Vs. The Government of Tamil Nadu, rep., by the Secretary ...

Court: Chennai

Decided on: Dec-11-2015

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Declaration to declare that the entire land acquisition proceedings initiated under the Land Acquisition Act, 1894 in respect of the lands to an extent of 18 cents in Survey No.98/5 of Thiruvanmiyur Village duly notified by the second respondent in the Award under reference No.7/86 (RC.No.414/79), dated 23.09.1986 as lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) and pass such further.) 1. The petitioner seeks for issuance of a Writ of Declaration to declare that the entire land acquisition proceedings initiated under the provisions of the Land Acquisition Act, 1894, (Act) in respect of the land measuring an extent of 18 cents in Survey No.98/5 of Thiruvanmiyur village covered under the award passed by the second respondent, dated 23.09.1986 in award No.7/86, as having been lap...


Dec 11 2015

L. Sahayam Vs. The District Collector, Collectorate Campus, Sivagangai ...

Court: Chennai Madurai

Decided on: Dec-11-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to grant permission for conducting "Great Hungers Agitation" Meeting on 12.12.2015 at before Aranmanai Vasal, Sivagangai, Sivagangai District.) "To my mind the life of a lamb is no less precious than that of a human being. I hold that the more helpless a creature, the more entitled it is to protection by man from the cruelty of man “ So said by the father of our nation, Mahatma Gandhi. 1. This writ petition has been filed, seeking a direction the respondents to grant permission for conducting "Great Hungers Agitation" Meeting on 12.12.2015 at before Aranmanai Vasal, Sivagangai, Sivagangai District. 2. The facts leading to filing of this writ petition are as follows: i) The petitioner is the Sivagangai South District Secretary of Namm Tamilar Katchi and his party has been actively involving in various activities towards creating public awareness...


Dec 11 2015

M/s. Rane Brake Linings Ltd. Vs. The Presiding Officer, Labour Court, ...

Court: Chennai

Decided on: Dec-11-2015

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari, to call for the records and quash the award dated 16.04.2003, in I.D.No.1 of 2002 on the file of the first respondent, Presiding Officer, Labour Court, Pondicherry.) 1. The petitioner being a Management of a manufacturing company has filed this Writ Petition challenging the award passed by the Labour Court, Pondicherry in I.D.No.1 of 2002, dated 16.04.2003, in a dispute raised by the second respondent workman. The parties shall be referred to as the 'Management' and 'Workman'. 2. The Workman was recruited as Apprentice in the petitioner Management for a period of two years from 30.04.1999 and reported for training with effect from the said date. While he was undergoing his training, the Thirubuvani Police arrested the workman on 11.09.2000, with regard to a case registered against him and others in Crime No.114 of 2000. The workman was remanded to judicial custody and therefore, ...


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