Chennai Court October 2016 Judgments
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The Branch Manager, The United India Insurance Co. Ltd., Ambasamudram ...
Court: Chennai Madurai
Decided on: Oct-04-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 23.02.2011 passed in M.C.O.P.No. 119 of 2009 on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Ramanathapuram.) V.M. Velumani, J. 1. By consent, the Civil Miscellaneous Appeal is taken up for final disposal. 2. This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 23.02.2011 passed in M.C.O.P.No.119 of 2009 on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Ramanathapuram. 3. The facts in brief leading to the filing of this Civil Miscellaneous Appeal, are as follows: (i) The appellant is the second respondent and the respondents 1 to 4 are the petitioners/claimants and the fifth respondent/owner of the auto is the first respondent in M.C.O.P.No.119 of 2009 on the file of the Court of Motor Accident Claims Tribunal (Principal District Judge), Ramanathapuram. The respondents 1 to 4 filed a cl...
The Managing Director Tamil Nadu State Transport Corporation Vs. Thahi ...
Court: Chennai
Decided on: Oct-04-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 23/7/2014, passed by the Motor Accident Claims Tribunal (Subordinate Judge's Court), Tiruttani, in M.C.O.P.No.170 of 2012.) S. Manikumar, J. 1. Challenge in this appeal is to the judgment and decree, made in M.C.O.P.No.170 of 2012, dated 22/8/2013, on the file of the Motor Accident Claims Tribunal, Court of Small Causes, Chennai. 2. Short facts leading to the appeal are that on 1/5/2012, at about 17.00 hours, while a passenger was trying to board a bus, bearing Registration No.TN21N-0688, near Lakshmapuram Village bus stop, on Tiruttani to Chennai road, the driver of the respondent bus, drove the same in a rash and negligent manner, he fell down from the bus. The injured was taken to Tiruttani for treatment. He succumbed to death. 3. Legal representatives of the deceased, viz., wife aged about 27 years, two minor children, aged about 10 and 7 years and mother of the deceased, j...
S. Sellandi and Others Vs. The District Collector, Theni District, The ...
Court: Chennai Madurai
Decided on: Oct-04-2016
(Prayer in all Wps: Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to issue patta in favour of the petitioners herein in respect of the lands enjoyed by the petitioner respectively in S.No.280 in Megamalai Village, Andipatti Taluk, Theni District.) 1. In all the writ petitions, the petitioner seeks for a Mandamus directing the first respondent/District Collector, Theni District to issue patta in favour of them in respect of the lands enjoyed by them respectively in S.No.280 in Megamalai Village, Andipatti Taluk, Theni District. 2. Heard Mr.G.R.Swaminathan, learned counsel appearing for the petitioners as well as Mr.K.Guru, learned Additional Government Pleader appearing for the respondents. 3. The learned counsel appearing for the petitioners would submit that it would suffice if the representations of the petitioners are disposed of, by the first respondent, on merits and in accordance with law within the ...
Hazarath Nabi Sallalahi Alehi Vatsalam Wakf represented by its Female ...
Court: Chennai Madurai
Decided on: Oct-04-2016
(Prayer: Civil Revision Petition filed under Proviso to Section 83(9) of the Wakf Act, 1995 and under Article 227 of the Constitution of India, praying this Court to call for the records and to set aside the order dated 12.09.2016 passed in I.A.No. 204 of 2016 in W.O.P.No.8 of 2016 on the file of the Principal Subordinate Court-cum-Wakf Tribunal, Thiruchirappalli and to grant an ex-parte order of stay.) 1. This revision has been filed seeking for a direction to call for the records and to set side the order, dated 12.09.2016 passed in I.A.No.204 of 2016 in W.O.P.No.8 of 2016, on the file of the Principal Sub-ordinate Court-cum-Wakf Tribunal, Thiruchirappalli and to grant an ex-parte order of stay. 2. When the matter is taken up today for admission, the learned counsel for the Petitioner restricted his prayer by moulding the relief and prayed before this Court that it would suffice to grant a direction to the Principal Subordinate Court-cum-Wakf Tribunal, Thiruchirappalli to dispose of ...
M/s. Hardy Exploration and Production (India) Inc., Chennai Vs. M/s. S ...
Court: Chennai
Decided on: Oct-04-2016
(Prayer: Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award dated 25.08.2015 as modified by the impugned additional award dated 25.10.2015.) 1. This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 1996 Act), to lay a challenge to the award dated 25.08.2015 and the additional award dated 25.10.2015. 2. I must state at the very outset that the petitioner has assailed the aforementioned awards on just two (2) grounds. First, on the ground of bar of limitation. Second, on the ground that the Arbitral Tribunal has exceeded its jurisdiction, inasmuch as it has held that the petitioner is liable to reimburse the component of service tax levied on the first respondent, contrary to the plain terms of the contract, obtaining between the parties. 2.1. I have indicated the broad contours of the challenge right at the beginning, as in the petition, there are other grounds raised, which t...
Thangaraj Vs. Byrappa
Court: Chennai
Decided on: Oct-04-2016
(Prayer: Criminal Appeal filed under Section 378 of Cr.P.C., to call for the records relating to the order dated 07.08.2015 passed in STC No.233 of 2014 on the file of the Judicial Magistrate Court (Fast Track Court), Hosur and set aside the same and convict the accused for the offence under Section 138 of the Negotiable Instruments Act.) 1. Heard both sides. 2. The Appellant / Complainant has preferred the instant Criminal Appeal before this Court as against the Judgment dated 07.08.2015 in STC No.233 of 2014 passed by the Learned Judicial Magistrate, (Fast Track Court) Hosur. 3. The Learned Counsel for the Petitioner while passing the Impugned Judgment in STC No.233 of 2014 dated 07.08.2015 at Paragraph No.14 had interalia observed that on perusal of the case cheque it comes to be known that the signature of the Respondent / Accused was in one colour ink and the Complainant's name and Amount were in different ink and if the cheque was written by the Respondent / Accused in two differ...
E. Visalatchi Vs. T. Balamurugan
Court: Chennai
Decided on: Oct-04-2016
(Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondent for the wilful disobedience of the orders of this Court passed in W.P.No.4004 of 2014 dated 20.02.2015.) 1. Heard Mr.V.M.Venkatramana, Learned Counsel for the Petitioner and Mr.V.Jayaprakash Narayan, Learned Special Government Pleader for the Respondent. 2. It comes to be known that the Petitioner had filed W.P.No.4004 of 2014 before this Court praying for passing of an order by this Court in directing the Respondents to consider and dispose of her representation dated 15.07.2013 within a time frame. 3. This Court on 20.02.2015 in W.P.No.4004 of 2014 (filed by the Petitioner) had, inter alia, directed the 2nd Respondent (viz., the Tahsildar, Ambattur Taluk Office, Ambattur, Chennai) to look into the Petitioner's representation dated 15.07.2013, forthwith and to dispose of the same within a period of six weeks from the date of receipt of a copy of this order. 4. It is represent...
L. Gurunathan Vs. The Director of School Education, Office of the Dire ...
Court: Chennai Madurai
Decided on: Oct-04-2016
(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to proceedings O.Mu. No 114394 / D2 / E3/09 dated 21.12.2009 of the 1st respondent herein and consequential letter O.Mu No 2061/A1/2009 dated 3.2.2010 of the 2nd respondent herein and consequential letter Na.ka No 58/2008 dated 17.6.2011 of the 3rd respondent herein and quash the same and consequently direct the respondents herein to count the matriculation service rendered by the petitioner for the period 27.10.1980 to 23.7.1992 for pay fixation and pensionary benefits with all attendened benefits.) 1. This writ petition has been filed by the petitioner for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to proceedings O.Mu. No 114394 / D2 / E3/09 dated 21.12.2009 of the 1st respondent herein and consequential letter O.Mu No 2061/A1/2009 dated 3.2.2010 of the 2nd respondent herein and consequential let...
Hari Kannan Vs. K. Jamuna Rani
Court: Chennai Madurai
Decided on: Oct-04-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the Subordinate Judge, Melur(Camp Court) to dispose of E.P.No.194 of 2015 in O.S.No.159 of 2011 and to pass appropriate orders on merits within the time frame fixed by this Court.) 1. This revision has been filed seeking for a direction to direct the Sub-ordinate Judge, Melur(Camp Court) to dispose of E.P.No.194 of 2015 in O.S.No.159 of 2011 and to pass appropriate orders on merits within the time frame fixed by this Court. 2. According to the Petitioner that the Petitioner as plaintiff, has filed a suit in O.S.No.159 of 2011 against the respondent herein for ejectment, recovery of arrears of rent amount, damages and for other reliefs. The aforesaid suit was decreed on 09.06.2015 and two months time was granted by the trial Court to vacate and hand over the vacant possession of the disputed premises to the Petitioner herein. Thereafter, the respondent herein has not compl...
Isolve Services India Private Limited and Another Vs. ---
Court: Chennai
Decided on: Oct-04-2016
(Prayer: Petitions filed under Sections 391 to 394 of the Companies Act, 1956 to sanction the Scheme of Amalgamation.) Common Order 1. These company petitions are preferred under Sections 391 to 394 of the Companies Act, 1956 for sanctioning the scheme of amalgamation of the two transferor companies with the transferee company with effect from 01.04.2015. The scheme of amalgamation (in short scheme) is appended as Annexure '4' to C.P.Nos.218 and 219 of 2016 and Annexure '5' to C.P.No.220 of 2016. 2. The petitioner in C.P.No.218 of 2016 is the first transferor company; the petitioner in C.P.No.219 of 2016 is the second transferor company and the petitioner in C.P.No.220 of 2016 is the transferee company. 3. A perusal of the records show that the petitioners have complied with the prescribed procedure. It is stated that there are no secured creditors in so far as both the transferor companies are concerned. The certificates of the Chartered Accountant confirming the same are appended as ...
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