Chennai Court October 2016 Judgments
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M/s. Sivasakthi Agencies Vs. Ajit Construction, rep. by its Proprietor
Court: Chennai
Decided on: Oct-19-2016
(Prayer: Criminal Appeal filed under Section 378(4) of Cr.P.C., against the judgment of acquittal of the Respondent/Accused passed by the Learned IV Metropolitan Magistrate, George Town, Chennai (Fast Track Court) in C.C.No.1277 of 2013 dated 25.08.2015.) 1. The Appellant/Complainant has focused the instant Criminal Appeal before this Court as against the Judgment passed by the Learned IV Metropolitan Magistrate, George Town, (Fast Track Court), Chennai in C.C.No.1277 of 2013 dated 25.08.2015. 2. Heard the Learned counsel for the Appellant/Complainant and the Learned counsel for the Respondent/Accused. 3. The Learned Judge while passing the impugned judgment in C.C.No.1277 of 2013 dated 25.08.2015 at para 19 had observed that as per Section 138(b) of the Negotiable Instruments Act, notice was not sent to the proper address in regard to demand of money towards cheque and also that the said notice was not served on the Accused. Also, the trial Court had opined that since the ingredients ...
S. Saravanan Vs. The State Level Caste Scrutiny Committee, Rep. By its ...
Court: Chennai Madurai
Decided on: Oct-19-2016
(Prayer: The Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the impugned order of the respondent in proceedings No.19043/CV.III/2009 dated 14.10.2011 and quash the same.) 1. This Writ Petition is taken up for final disposal. The petitioner claims that he belongs to Hindu Malakuravan Scheduled Tribe Community and his father was issued with Community Certificate by the Head Quarters Deputy Tahsildar, Pattukkottai on 18.07.1979 and he was an employee of Southern Railway and in a letter of Assistant Personnel Officer, Southern Railway, Golden Rock, dated 02.06.1987, it has been stated that his father was employed as Fitter in the Diesel Shop, Golden Rock and he belongs to Hindu Malakuravan Scheduled Tribe Community as per his Service records. 2. It has been further submitted by the petitioner that he was also issued with Community Certificate by the Tahsildar, Head Quarters, Pattukkottai, in S.I.NO.212...
P. Vani Vs. C. Manikandan
Court: Chennai Madurai
Decided on: Oct-19-2016
(Prayer:Petition filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.84 of 2016 on the file of the Family Court, Dindigul, Dindigul District, to transfer the case to the III Additional Subordinate Judge, Madurai, Madurai District(Usilampatti Camp Court) and pass any other orders.) 1. This Transfer Civil Miscellaneous petition has been filed to withdraw the H.M.O.P.No.84 of 2016 on the file of the Family Court, Dindigul, Dindigul District, to transfer the case to the III Additional Subordinate Judge, Madurai, Madurai District(Usilampatti Camp Court). 2. The facts stated by the petitioner is that the marriage between the petitioner and the respondent was solemnized on 16.05.2013 as per the Hindu Rites and Customs. Due to the strained relationship between the parties, the respondent/husband filed a petition in H.M.O.P.No.84 of 2016 seeking divorce before the Family Court, Dindigul. Under these circumstances, the present petition is filed seeking transfer of the ...
B. Hashim Vs. S. Abitha
Court: Chennai
Decided on: Oct-19-2016
(Prayer: Civil Revision Petition under Section 115 of the Civil Procedure Code against the fair and decreetal order dated 19.08.2013 passed in I.A.No.18464 of 2010 in O.S.No.1300 of 2007 on the file of the V Assistant Judge, City Civil Court, Chennai.) 1. Challenging the fair and final order passed in I.A.No.18464 of 2010 in O.S.No.1300 of 2007 on the file of the V Assistant Judge, City Civil Court, Chennai, the 1st defendant has filed the above Civil Revision Petition. 2. The respondent/plaintiff filed the suit in O.S.No.1300 of 2007 for recovery of possession and to return the original document in Document No.1948/1985 in respect of the suit property. 3. Since the defendants failed to appear before the trial Court, the trial Court set them exparte and an exparte decree was passed on 20.06.2007. Pursuant to the decree passed in O.S.No.1300 of 2007, the plaintiff filed an Execution Petition in E.P.No.3715 of 2007. Before the Executing Court, the 2nd defendant entered appearance through...
Andrews Jayakumar Vs. V. Jaganathan
Court: Chennai
Decided on: Oct-19-2016
(Prayer: Criminal Appeal, filed under Section 378 (4) of Cr.P.C., to call for records in connection with the case in C.C.No.3271 of 2011, on the file of Metropolitan Magistrate, F.T.C.No.III, Saidapet, Chennai, and to set aside the judgement passed by the said learned Magistrate, in C.C.No.3271 of 2011, dated 06.04.2013.) 1. The Appellant/Complainant has filed the instant Criminal Appeal as against the judgment of acquittal, made in C.C.No.3271 of 2011, dated 06.04.2013, by the learned Metropolitan Magistrate, Fast Track Court No.III, Saidapet, Chennai/Trial Court. 2. The trial Court, while passing the impugned judgment, in C.C.No.3271 of 2011, on 06.04.2013, had clearly came to the conclusion that Ex.P.3, legal notice was not served on the Accused (Respondent), and that was established through Ex.P.4, postal department's letter. That apart, it was observed by the trial Court that Ex.P.1, cheque, was not issued by the Accused (Respondent) in respect of the Bank Account that was establi...
E. David Karunaharan Vs. The State rep. by its Secretary to Government ...
Court: Chennai Madurai
Decided on: Oct-19-2016
(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to reinstate the petitioner in service with continuity of service backwages and all other attendant benefits in pursuance of order passed by the first respondent in G.O.Ms.No.375 dated 19.05.2005.) Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the first respondent in his proceedings in G.O(2D)No.274 dated 03.06.2010 and quash the same as illegal and consequentially to direct the respondents to reinstate the petitioner in service with all attendant benefits.) Common Order 1. The petitioner was appointed as Police Constable and was serving under the fifth respondent. While serving at Tuticorin, he availed four days leave from 23.01.1999 to 26.01.1999. Thereafter, he went on sick leave and made an application with medical certif...
R. Chelladurai Vs. S. Mamtha Devi and Another
Court: Chennai Madurai
Decided on: Oct-19-2016
(Prayer:Petition filed under Section 24 of the Civil Procedure Code, to withdraw the suit in O.S.No.203 of 2015 filed by the first respondent herein on the file of the District Munsif, Uthamapalayam and transfer the same to the file of the Principal District Munsif, Madurai Town to be tried along with O.S.No.165 of 2015 on its file on merits in accordance with law and grant such other relieves.) 1. This Transfer Civil Miscellaneous petition has been filed to withdraw the suit in O.S.No.203 of 2015 filed by the first respondent herein on the file of the District Munsif Court, Uthamapalayam and transfer the same to the file of the Principal District Munsif Court, Madurai Town to be tried along with O.S.No.165 of 2015 on its file on merits in accordance with law and grant such other relieves. 2. The short facts for considering the transfer petition for the case on hand is that the first respondent filed O.S.No.165 of 2015 seeking permanent injunction before the Principal District Munsif C...
V.K.S. Transport Vs. The Senior Regional Manager, Tamil Nadu Civil Sup ...
Court: Chennai
Decided on: Oct-18-2016
Huluvadi G.Ramesh, J. 1. This Writ Appeal has been directed against the order of the learned single Judge passed in W.P.No.21326 of 2015 dated 27.10.2015. in and by which, the writ petition filed by the appellant, challenging the rejection of the tender by the respondents, came to be dismissed. 2. Pursuant to the tender notifications issued by the Tamil Nadu Civil Supplies Corporation, inviting tenders for Non-FCI internal movement for various centres, for transportation of stocks from places other than Food Corporation of India Depots to field points of Tamil Nadu Civil Supplies, for a period between 01.07.2015 and 30.06.2017, the appellant offered a tender for the centres, viz., Chennai North Railhead, Tiruvallur Region Non-FCI and Krishnagiri Region Non-FCI Movement, by enclosing due payment of Rs.12 lakhs towards EMD. According to the appellant, it is a registered partnership firm, registered in the year 2007 engaged in seasoned handling and transport contracts in Tamil Nadu and op...
M. Malarvizhi Vs. Union of India, Rep. by the Postmaster General, Madu ...
Court: Chennai
Decided on: Oct-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 5th Respondent Tribunal pertaining to its order made in O.A.No.202 of 2012 dated 09.09.2015, quash the same, consequent to direct the respondents 1 to 4 to reinstate the petitioner into service with all attendant benefits.) S. Manikumar, J. 1. Challenge in this writ petition is to an order made in O.A.No.202 of 2012 dated 9.9.2015, by which, the Central Administrative Tribunal, Madras, has declined to quash the charge memorandum dated 7.2.2011 and the order of suspension dated 28.1.2009. 2. Facts leading to the writ petition are that the petitioner, a Postal Assistant, was placed under suspension on 28.1.2009 by the Superintendent, Dindigul Division, Dindigul. She was served with charge memorandum dated 7.2.2011, which contained three articles of charges. The first article relates to her negligence in preparing the payment order, in respect o...
P.P. Mathew Vs. Mahendra World City Developers Limited, having its Reg ...
Court: Chennai
Decided on: Oct-18-2016
(Prayer: Plaint filed under Order VII Rule 1 of C.P.C read with Order IV Rule 1 of O.S. Rules praying to grant a judgment and decree in favour of the plaintiff a) directing the defendant to pay the plaintiff a sum of Rs.30,00,000/- together with interest @ 24% from the date of plaint towards the damages caused to the plaintiff; and (b) directing the defendant to pay the plaintiff the costs of the suit. 1. The suit is filed for recovery of a sum of Rs.30,00,000/- (Rupees thirty lakhs only) together with interest @ 24% p.a. from the date of plaint towards the damages being the tortuous liability for the wrong caused by the defendant. 2. The plaintiff is the proprietor of Matts' Orchids and carrying on business in Orchid Flowers and exporting the same. 3. It is stated that the Central Bank of India, Coimbatore, had sanctioned a loan to one M/s.Blossoms Bio-Tech Limited, Chennai. As there was a default, the notified movables of the said Company was brought in auction. In the said auction, ...
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