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Chennai Court January 2016 Judgments

Jan 19 2016

The Intelligence Officer, Narcotics Control Bureau, Chennai Vs. S. Joh ...

Court: Chennai

Decided on: Jan-19-2016

(Prayer: Criminal Revision Cases filed under Section 397 and 401 of Criminal Procedure Code against the order dated 15.06.2015 passed in Crl.M.P. No. 1084 of 2015 and Crl.M.P. No. 1083 of 2015 respectively in C.C. No. 48 of 2012 on the file of the II Additional Special Court under NDPS Act, Cases, Chennai.) Common Order 1. Both these Criminal Revision Cases are filed by the prosecution questioning the correctness of the separate orders, both dated 15.06.2015, passed by the learned II Additional Special Court under NDPS Act Cases, Chennai in Crl.M.P. Nos. 1084 and 1083 of 2015 respectively in C.C. No. 46 of 2012 refusing to mark the confession statement of a co-accused in C.C. No. 46 of 2012 and also to order for joint trial of the cases sought for by the prosecution. 2. The respondent is the first accused in C.C. No. 48 of 2012. There are three accused in the case filed by the prosecution in C.C. No. 48 of 2012. The respondent herein was arrested on 10.06.2012 in connection with the ca...

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Jan 18 2016

Suresh Vs. The Secretary to the Government, State of Tamil Nadu and An ...

Court: Chennai

Decided on: Jan-18-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus to call for the entire records relating to petitioner's detention under Tamil Nadu Act 14 of 1982 vide detention order dated 14.07.2015 on the file of the 2nd respondent herein made in proceedings No.543/2015 and quash the same as illegal and consequently direct the respondents herein to produce the said petitioner namely Suresh, son of Moorthy, aged 25 years, before this Court and set the petitioner at liberty from detention now petitioner detained at Central Prison-II, Puzhal, Chennai 600 066.) P.N. Prakash, J. 1. Challenge is made to the order of detention passed by the second respondent vide Proceedings in No.543/2015 dated 14.07.2015, whereby the detenu/the petitioner herein, by name Suresh, son of Moorthy, aged 25 years, was ordered to be detained under the provisions of Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goo...

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Jan 18 2016

B. Venkatesalu and Another Vs. The Additional Chief Secretary to Gover ...

Court: Chennai

Decided on: Jan-18-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus to call for the records of the first respondent in G.O.Ms.No.1339, Industries, dated 20.09.1982, published on 06.10.1982 and to quash the same and direct the respondents herein to hand over the possession of the petitioners' land to an extent of 4.46 acres in S.No.583 in 105, Mornapalli Village in Hosur Taluk, Krishnagiri District.) 1. The first petitioner has filed the affidavit on behalf of him and on behalf of his elder brother, who is the second petitioner herein. The first petitioner has submitted that their family members are doing cultivation in their ancestral agricultural property situated in S.No.583, on the eastern side of Kelavarapalli reservoir, Mornapalli Village, Hosur, Krishnagiri since the year 1923. The above ancestral property was acquired, when it was in the name of his later father, for the formation of Second Industrial Complex by the SIPCOT in G.O.Ms....

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Jan 18 2016

Karuppaiah Vs. State, represented by The Inspector of Police, Chennai

Court: Chennai

Decided on: Jan-18-2016

(Prayer: Criminal Appeal filed under Section 374 of Cr.P.C., against the judgment dated 26.11.2014, passed by Mahila Sessions Court, Chennai, in S.C.No.4 of 2014.) 1. The convictions and sentences, dated 26.11.2014, passed in Sessions Case No.4 of 2014, by the Mahalir Needhimandram, Chennai, are being challenged in the present criminal appeal. 2. The case of the prosecution is that the victim girl by name, Kokila, is a daughter of the defacto complainant, viz., Natarajan. The victim is a slight mentally retarded person. The defacto complainant, at the time of occurrence, has lived in a hut in Guindy along with his family members. On 20.05.2013, at about 4.00 p.m., the accused has entered into the hut of the defacto complainant and gagged the mouth of the victim by using his one hand and placed his other hand on the chest of the victim. After occurrence, the defacto complainant has given a complaint and the same has been registered in Crime No.606 of 2013. 3. On receipt of the complaint...

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Jan 18 2016

B. Venkatesan Vs. The Superintendent of Police, Villupuram District an ...

Court: Chennai

Decided on: Jan-18-2016

(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus directing the respondents 1 and 2 to produce the body of the detenue/petitioner's daughter named V.Manimozhi before this Court and set her at liberty.) P.N. Prakash, J. 1. The above petition has been filed by the petitioner/father of the detenue Manimozhi, aged 17 years, seeking to cause production of his daughter who is said to be in the illegal custody of the respondents 3 to 5, before this Court and to set her at liberty. 2. It is the case of the petitioner that his daughter Manimozhi, aged 17 years, a day scholar, studying B.Com [I year] in St. Joseph's College at Cuddalore, went to the College on 25.10.2015 and did not return late evening. Hence, the petitioner lodged a complaint before the 2nd respondent police, in connection with which, a case in Cr.No.1219/2015 for the alleged offence u/s.366-A IPC has been registered against the 3rd respondent and the inv...

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Jan 18 2016

M. Senthil Kumar Vs. S. Periyasamy

Court: Chennai Madurai

Decided on: Jan-18-2016

(Prayer: Criminal Revision Petition filed under Section 397 r/w Section 401 of Cr.P.C. praying this Court to call for the records and to set aside the order passed in Crl.M.P.No.1306 of 2015 in C.A.No.82 of 2015 by the Principal Sessions Judge, Karur, dated 1.12.2015 and suspend the sentence passed in C.C.No.35 of 2014 dated 12.05.2015 on the file of the Judicial Magistrate, Fast Track Court at Magisterial Level, Karur.) 1. Heard both sides. 2. The Revision Petitioner/Appellant/Accused has focussed the instant Criminal Revision Petition as against the order, dated 1.12.2015 in Crl.M.P.No.1306 of 2015 in C.A.No.82 of 2015, passed by the Learned Principal Sessions Judge, Karur. The Learned Principal Sessions Judge, Karur while passing the impugned order in Crl.M.P.No.1306 of 2015 in Crl.A.No.82 of 2015(filed by the Revision Petitioner/Appellant/Accused), had among other things, observed the following: Heard both sides. The Learned Counsel for the petitioner submitted that the petitioner ...

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Jan 18 2016

B. Venkatesalu and Another Vs. The Secretary to Government of Tamil Na ...

Court: Chennai

Decided on: Jan-18-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus to call for the records of the first respondent in G.O.Ms.No.1339, Industries, dated 20.09.1982 to quash the same, as the above Land Acquisition Proceedings being lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently direct the respondents herein to hand over the possession of the petitioners land to an extent of 4.46 acres in S.No.583 in 105, Moranapalli Village in Hosur Taluk, Krishnagiri District.) 1. The first petitioner has filed the affidavit on behalf of him and on behalf of his elder brother, who is the second petitioner herein. The first petitioner has submitted that the petitioners and their ancestors were doing cultivation in their agricultural properties situated in S.No.564/1, 574/2 to an extent of 2.17 acres lying on the western side of the Kelavarapall...

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Jan 18 2016

K. Elangovan Vs. N.M. Velusamy and Another

Court: Chennai

Decided on: Jan-18-2016

(Prayer: Civil Miscellaneous Appeal filed Under Order 43 Rule 1 (v) of Code of Civil Procedure against the judgment and decree dated 26.6.2007 made in A.S.No.1 of 2007 on the file of Additional District Court (Fast Track Court No.I), Erode, in O.S No.629 of 2001 on the file of Principal District Munsif Court, Erode, remanding the case to the trial court. Civil Revision Petition filed under Sec.115 of the Civil Procedure Code against the order dated 26.6.2007 made in I.A.No.22 of 2007 in A.S.No.1 of 2007 on the file of Additional District Court (Fast Track Court No.I), Erode in O.S.No.629 of 2001 on the file of Principal District Munsif Court, Erode.) Common Judgment 1. The Civil Miscellaneous Appeal in C.M.A.No.2022 of 2008 arises against the judgment and decree in A.S.No.1 of 2007 on the file of Additional District Court (Fast Track Court No.I), Erode, remanding the matter back to the trial court viz., Principal District Munsif Court, Erode. The plaintiff is the appellant and the resp...

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Jan 18 2016

Rasipuram Co-Operative Urban Bank Limited Vs. The Authority under the ...

Court: Chennai

Decided on: Jan-18-2016

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari calling for the records of the orders passed by the 1st respondent in P.G.I.A.No.109 of 2015 dated 31.07.2015 and quash the same.) Common Order: 1. Heard the learned counsel for the petitioner; Mr.R.Bala Ramesh, learned Additional Government Pleader for the 1st respondent and Mr.T.Anantha Sekar, learned counsel for the 2nd respondent and with their consent, the writ petition is taken up for final disposal. 2. The petitioner in all these writ petitions is the Rasipuram Co-operative Urban Bank Limited represented by its Deputy Registrar/Managing Director and the challenge is to a common order passed by the 1st respondent, the competent authority under the provisions of the Payment of Gratuity Act, 1972. By the impugned order, the competent authority has condoned the delay in filing the applications by the 2nd respondent in all these cases wherein they have requested the Man...

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Jan 18 2016

P.S. Moorthy and Another Vs. The District Collector/Arbitrator, Erode ...

Court: Chennai

Decided on: Jan-18-2016

(Prayer: Petitions filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings No.NH-47/Arbitration/2015, dated 05.01.2016 and quash the same and consequently directing the 1st respondent to entertain the petitioner's appeal dated 12.11.2015 filed U/s.3-G(5) of National Highways Act for higher compensation and dispose the same on merits.) Common Order 1. Heard the learned counsel for the petitioners and Mr.S.Diwakar, learned Additional Government Pleader accepting notice for the respondents and with their consent, the writ petition is taken up for final disposal at the admission stage itself. 2. The petitioner seeks for issuance of writ of certiorarified mandamus to quash the impugned proceedings dated 05.01.2016 by which the petitioners applications for enhanced compensation under the provisions of the National Highways Act, 1...

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