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Chennai Court October 2016 Judgments

Oct 24 2016

M. Nandagopal Vs. The Union of India, Rep. by General Manager, Chennai ...

Court: Chennai

Decided on: Oct-24-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari Mandamus, calling for the records relating to the order passed in O.A./310/0166/2015 dated 25.08.2015 by Central Administrative Tribunal, Madras Bench and quash the same and consequently direct the respondents herein to continue the petitioner in the same place at Arakkonam with all attendant and consequential benefits with due regards to petitioner seniority.) S. Manikumar, J. 1. Challenge in this writ petition is to an order made in O.A.No.310/0166/2015 dated 25.08.2015 by which, the tribunal has declined to quash the order dated 02.07.2014 and the further directions dated 08.08.2014, issued by the Senior Divisional Personnel Officer, Divisional Manager's Office, Personnel Branch, Southern Railway, Chennai Division, Chennai. Consequently, the Tribunal also declined to issue any directions to the respondents, to retain the petitioner at SSE/SIG/AJJ. 2. Shorts facts leading to ...

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Oct 24 2016

P. Chandra Vs. The Registrar General, High Court of Judicature at Madr ...

Court: Chennai Madurai

Decided on: Oct-24-2016

(Prayer: The Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records connected with the impugned order passed by the second respondent in D.No.171 dated 04.02.2012 and quash the same.) M. Sathyanarayanan, J. 1. The petitioner would state that she was originally working as Reader with effect from 08.09.1997 and she was given Selection Grade on 09.09.2007 and she got her promotion as Junior Assistant on 02.01.2008. It is further stated by the petitioner that on account of want of vacancy and that the candidates selected by Tamilnadu Public Service Commission to be accommodated, she was reverted and posted as Examiner from the afternoon of 13.07.2009 and transferred to the District Court, Sivagangai. The petitioner got her promotion as Junior Assistant on 01.12.2010 and at present, she is working as Junior Assistant in Subordinate Court, Devakottai. 2. It is also stated by the petitioner that recommendation of 5th Pay Com...

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Oct 24 2016

Mannai Narayanasamy Educational Trust, represented by its President an ...

Court: Chennai Madurai

Decided on: Oct-24-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal order made in I.A.No.27 of 2016 in R.C.O.P.No.12 of 2007, dated 22.9.2016, on the file of the Rent Controller-cum-District Munsif, Thanjavur.) 1. This revision has been filed seeking for a direction to set aside the fair and decretal order made in I.A.No.27 of 2016 in R.C.O.P.No.12 of 2007, dated 22.09.2016, on the file of the Rent Controller-cum-District Munsif, Thanjavur. 2. According to the Petitioner, the above said R.C.O.P was filed by the respondent herein in R.C.O.P.No.12 of 2007 before the Rent Controller-cum-District Munsif, Thanjavur seeking to fix the rent in respect of the property rented out to the Petitioner's educational institutions. During the pendency of the R.C.O.P, the respondent herein filed I.A.No.18 of 2008 seeking for appointment of an Advocate Commissioner to measure and take measurements of the property, with the assistance of a Government Engin...

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Oct 24 2016

Petitioner Vs. Respondent

Court: Chennai

Decided on: Oct-24-2016

M. Venugopal, J. 1. Heard Mr.A.Padmanaban, Learned Counsel for the Petitioner/ Appellant and Ms.M.F.Shabana, Learned Government Advocate (Crl. Side) for the Respondent/Complainant. 2. The Petitioner/Appellant/Accused has focused the instant Criminal Appeal before this Court as against the Judgment dated 21.09.2016 in S.C.No.85 of 2016 passed by the Learned District and Sessions Judge, Mahila Fast Track Court, Erode. 3. It comes to be known that the Petitioner/Appellant/Accused was found guilty in respect of an offence under Section 306 I.P.C. and was awarded with a punishment of Rigorous Imprisonment of 10 years and he was also directed to pay a fine of Rs.50,000/- and in default of payment of said fine, he was further imposed with Simple Imprisonment for a period of two months, by means of the Judgment dated 21.09.2016 passed by the trial Court. 4. Pending this Criminal Appeal (filed by the Petitioner/ Appellant), the Petitioner/Appellant has projected Crl.M.P.No.10490 of 2016 praying...

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Oct 24 2016

A.S. Vidhya Vs. The Recovery Officer, State Bank of India and Others

Court: Chennai

Decided on: Oct-24-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records pertaining to E-Auction Sale Notice dated 25.09.2016 issued by the 1st respondent pursuant to the recovery proceedings initiated under R.P.No.80 of 2015 DRC No.80/15 in O.A.No.79 of 2014 and quash the same as illegal, arbitrary and abuse of process of law.) S. Manikumar, J. 1. learned counsel on record seeks permission to withdraw the writ petition. He has also made an endorsement to that effect. 2. Recording the same, writ petition is dismissed as withdrawn. No leave is granted to file a fresh writ petition on the same cause of action. No Costs. Consequently, the connected Miscellaneous Petitions are closed....

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Oct 24 2016

Chellan Vs. P.G. Mony

Court: Chennai Madurai

Decided on: Oct-24-2016

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 15.03.2003 made in A.S.No.151 of 2002 on the file of the Principal District Court, Kanyakumari, confirming the Judgment and decree dated 03.07.2002, made in O.S.No.166 of 1998 on the file of the Subordinate Court, Padmanabhapuram.) 1. This Second Appeal has been filed against the judgment and decree dated 15.03.2003 made in A.S.No.151 of 2002 on the file of the Principal District Court, Kanyakumari, confirming the Judgment and decree dated 03.07.2002, made in O.S.No.166 of 1998 on the file of the Subordinate Court, Padmanabhapuram. 2. The defendant, who lost in the both the Courts below, is the appellant. The first respondent is the plaintiff. He filed a suit in O.S.No.166 of 1998 before the Subordinate Court, Padmanabhapuram, for recovery of a sum of Rs.40,500/- together with interest at 12% p.a. from the date of filing of the suit till the date of decree; and at 6% p.a. fr...

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Oct 24 2016

Accord Finance and Properties (Pvt) Ltd. Vs. Besser Concrete Systems L ...

Court: Chennai

Decided on: Oct-24-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order and decreetal order passed in I.A.No. 268 of 206 in A.S.No.24of 2016, dated 23.09.2016 on the file of Additional Subordinate Judge, Chengalpattu.) 1. The above Civil Revision Petition has been filed by the decree holder in E.P.No.6 of 2015 in O.S.No.668 of 2014 on the file of District Munsif Court, Chengalpattu, challenging the fair and decreetal order passed in I.A.No.268 of 2016 in A.S.No.24 of 2016 on the file of Additional Subordinate Court, Chengalpattu. 2. The revision petitioner filed the suit in O.S.No.668 of 2014 for delivery of possession. Since the respondent, who is the defendant in the suit, remained absent, they were set exparte and an exparte order was passed on 09.04.2015. Thereafter, the respondent filed an application in I.A.No.1515 of 2015 to condone the delay of 102 days in filing the application to set aside the exparte decree. 3. After contest, he Trial Court d...

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Oct 24 2016

Raguvaran Vs. The State Rep by The Inspector of Police, Kottaipattinam ...

Court: Chennai Madurai

Decided on: Oct-24-2016

(Prayer: Appeal is filed under Section 374 of the Code of Criminal Procedure against the Judgment and conviction dated 12.11.2014 made in S.C.No.84 of 2013, on the file of the learned Principal Sessions Judge, Pudukkottai.) S. Nagamuthu, J 1. The appellant is the sole accused in S.C.No.84 of 2013, on the file of the learned Principal Sessions Judge, Pudukkottai. He stood charged for the offences punishable under Sections 302 and 201 of the Indian Penal Code. By Judgment dated 12.11.2014, the Trial Court convicted the accused and sentenced him, as detailed below:- Section of LawSentence of imprisonmentFine amount302To undergo imprisonment for life.Rs.2,000- in default to undergo rigorous imprisonment for one year.201 r/w 34 IPCTo undergo rigorous imprisonment for seven years.Rs.1,000/- in default to undergo rigorous imprisonment for six months. The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellant has come up with this Criminal ...

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Oct 24 2016

M. Subramani Vs. The Commissioner of Police, Coimbatore District, Coim ...

Court: Chennai

Decided on: Oct-24-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records, relating to the order of the 2nd respondent in Na.Ka.No.1096/A1/2015, dated 11.05.2016, quash the same and consequently, direct the 2nd respondent to appoint the petitioner to the post of Sub-Inspector, with all other concomitant service benefits, eligible to the petitioner.) S. Manikumar, J. 1. Challenge in this writ petition, is to an order, made in Na.Ka.No.1096/A1/2015, dated 11.05.2016, passed by the Inspector General of Police (West Zone), by which, the writ petitioner has been informed that he has not satisfied the requirement of Special Rule 14(b) of the Tamil Nadu Police Subordinate Service Rules (In short TNPSS ) and thus, the said authority has disqualified the petitioner for being appointed, to the post of Sub-Inspector of Police. 2. Pursuant to the notification and written examination conducted for the post of Sub-Inspector of...

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Oct 24 2016

R.V. Shanmugasamy Vs. The District Educational Officer, Court Road, Pe ...

Court: Chennai Madurai

Decided on: Oct-24-2016

(Prayer in W.P(MD)No.12334 of 2008 : Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned order passed by the respondent in Na.Ka.3482/m3 dated 16.12.2008 and quash the portion of conceling the petitioner's secretaryship of the Nadar Saraswathi Girls Higher Secondary School, Theni. Prayer in W.P(MD)No.12335 of 2008 : Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned order passed by the respondent in Na.Ka.5065/m3 dated 23.12.2008 and quash the same. Prayer in W.P(MD)No.12335 of 2008 : Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned order passed by the respondent in Na.Ka.3482/m3 dated 16.12.2008 and quash the same.) Common Order 1. In all these writ petitions, learned counsel appearing for the petitioners s...

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