Chennai Court October 2016 Judgments
Muthu Vs. The Inspector of Police, Samayapuram Police Station, Trichy
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 15.10.2014 made in S.C.No.85 of 2014, on the file of the learned Principal Sessions Judge, Trichirappalli.) S. Nagamuthu, J The appellant is the sole accused in S.C.No.85 of 2014, on the file of the learned Principal Sessions Judge, Trichirappalli. He stood charged for the offences punishable under Sections 294(b) and 302 of the Indian Penal Code. By Judgment dated 15.10.2014, the Trial Court convicted the accused and sentenced him, as detailed below:- Section of LawSentence of imprisonmentFine amount302 IPCTo undergo imprisonment for life.Rs.1,000/- in default to undergo simple imprisonment for six months.294(b) IPC Rs.500/- in default to undergo simple imprisonment for fifteen days. Challenging the said conviction and sentence, the appellant has come up with this Criminal Appeal. 2.The case of the prosecution, in brief, is as follows:- The deceased, in this case, was...
Tag this Judgment!The Tamil Nadu Government Rep. by its Secretary (Home) Chennai and Ano ...
Court: Chennai
Decided on: Oct-24-2016
(Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code against the order and decreetal order dated 25.07.2016 made in E.A.No.1226 of 2014 in E.P.NO.266 of 2013 in O.S.No.217 of 1993 on the file of X Assistant Judge, City Civil Court, Chennai.) 1. Challenging the fair and final order passed in E.A.No.226 of 2013 in O.S.No.217 of 1993 on the file of X Assistant Judge, City Civil Court, Chennai, the judgment debtors have filed the above Civil Revision Petition. 2. The respondent-plaintiff filed the suit in O.S.No.217 of 1993 to direct the defendants to return the articles of gold jewellery or to pay the market value at Rs.67,200/- to the plaintiff with interest. 3. The defendants remained absent before the Trial Court, hence, the Trial Court passed an exparte decree on 12.11.1997. Thereafter, the 3 defendants filed an application in I.A.No.620 of 1996 to condone the delay of 821 days in filing the application to set aside the exparte decree. After contest, th...
Tag this Judgment!The Managing Director, Tamil Nadu State Transport Corporation, Vellore ...
Court: Chennai
Decided on: Oct-24-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988 against the judgment and decree dated 11.03.2016 made in M.C.O.P.No.33/2013 on the file of the Motor Accidents Claims Tribunal, (Sub Judge), Krishnagiri.) 1. The Managing Director of Tamil Nadu State Transport Corporation, questioning the impugned order dated 11.03.2016 made in M.C.O.P.No.33/2013 on the file of the Motor Accidents Claims Tribunal, (Sub Judge), Krishnagiri, awarding a sum of Rs.2,00,378/- to the claimant, has come forward to this Court with this appeal. 2. Learned counsel appearing for the appellant would submit that the finding of the learned Tribunal in respect of the negligence aspect, is contrary to the evidence of records. Adding further, he would submit that the learned Tribunal, only relying upon the evidence of the claimant's side, who are only the interesting witnesses, has given such a wrong finding. He would further submit that when the claimant has made a claim petition fo...
Tag this Judgment!Rajendran and Another Vs. V. Thirugnanasambandamoorthy
Court: Chennai Madurai
Decided on: Oct-24-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to strike off the plaint in O.S.No.71 of 2008, on the file of the III Additional District Munsif Court, Tiruchirappalli.) 1. The learned counsel for the respondent made an endorsement that the respondent/plaintiff is permitted to withdraw the suit in O.S.No.71 of 2008, on the file of the District Munsif Court, Thiruchirappalli, with liberty to file a fresh suit with the same cause of action and has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel for the respondent, the Civil Revision Petition filed by the revision petitioner is closed. Liberty is granted as sought for. Consequently, connected Miscellaneous Petitions are dismissed. No costs....
Tag this Judgment!The Commissioner of Customs Vs. M/s.MKS Shipping Agencies Pvt.Ltd
Court: Chennai Madurai
Decided on: Oct-24-2016
(Prayer: Writ Appeal is filed under Clause 15 of Letters Patent against the order dated 04.01.2013 made in W.P.(MD).No.16351of 2012.) M. Sathyanarayanan, J. 1. The respondent / Revenue in W.P.(MD).No.16351 of 2012 is the appellant herein and aggrieved by the final order, dated 04.01.2013, in and by which, challenge made to the show cause notice, dated 06.12.2012, issued by the appellant herein, has been quashed by the learned Judge and hence, came forward to file this Writ Appeal. 2. A perusal of the materials placed before this Court would disclose among other things that the respondent /writ petitioner carries the business of Custom House Agents (in short 'CHA') and to carry out this agency work, he obtained license in the year 2004 under Section 146 of the Customs Act 1962 and CHALR 2004 Regulations. The nature of the activities carried on by the said Concern is relating to entry or departure of a conveyance or the import or export of goods in the Customs House Station and their rol...
Tag this Judgment!M.G. Enayathulla Vs. The General Manager, Canara Bank, Chennai and Ano ...
Court: Chennai
Decided on: Oct-24-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to sanction the Educational loan to the petitioner's son who is studying BE (Computer Science) at C.Abdul Hakeen College of Engineering and Technology Hakeem Nagar, Melvisharam Vellore District.) 1. The prayer in the writ petitioner is for a Mandamus directing the respondents to sanction the Educational loan to the petitioner's son who is studying BE (Computer Science) at C.Abdul Hakeen College of Engineering and Technology, Hakeem Nagar, Melvisharam, Vellore District. 2. The case of the petitioner is that his son joined in BE (Computer Science) Course during the academic year 2009-2010 at C.Abdul Hakeen College of Engineering and Technology. The college was approved by AICTE and affiliated to Anna University. 3. The annual fee structure for the said studies is Rs.62,500/-. For all the four years, the petitioner has to pay for his son, a sum o...
Tag this Judgment!Kaliya Perumal (died) and Others Vs. Kelannji Ammal @ Kelannji
Court: Chennai
Decided on: Oct-24-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree in A.S.No.113/2005, on the file of the Subordinate Court, Villupuram and dated 24.09.2010 in confirming the judgment and decree in O.S.No.133 of 2003, on the file of the principal District Munsif Court, Tirukoilur and dated 11.08.2004.) 1. Challenge in this second appeal is made by the defendants against the Judgment and Decree dated 24.09.2010 passed in A.S.No.113 of 2005 on the file of the Sub-Court, Villupuram, confirming the Judgment and Decree dated 11.08.2004 passed in O.S.No.133 of 2003 on the file of the Principal District Munsif, Thirukoilur. 2. The suit has been laid by the respondent /plaintiff for declaration and permanent injunction. 3. The averments contained in the plaint are briefly stated as follows: The suit property originally belonged to Government, being a Tharisu land and the plaintiff has been in possession and enjoyment of the suit property since 1990 and c...
Tag this Judgment!S. Vijayalakshmi and Others Vs. Government of Tamil Nadu rep. through ...
Court: Chennai Madurai
Decided on: Oct-24-2016
(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling the records relating to the Impugned Order of the 2nd Respondent made in Na.Ka.No.12535/A2/2011 dated 25.05.2012 and quash the same and consequently direct the respondents to regularize the Petitioners from the year 2002 with all attendant benefits.) 1. The writ petitioners were appointed as Village Librarian on consolidated pay. In G.O.Ms.No.66, dated 30.01.1996, it was clarified that the vacancy of Grade -III Librarian could be filled up from the qualified Village Librarian, like the petitioners herein. But contrary to the undertaking, the Government attempted to fill up the post of Grade - III Librarian from open market. This appointments were challenged before the Tamil Nadu Administrative Tribunal by various original applications. By Judgments dated 07.06.2000, 23.06.2000 and 27.11.2000, have directed to fill up the vacancies of Grade - III Librarian from ...
Tag this Judgment!Ravindran Vs. Padma and Others
Court: Chennai Madurai
Decided on: Oct-24-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside Clause No.2 in the returned order in petition and order dated 9.9.2016 in unnumbered O.S.SR.No.156 of 2016 on the file of the Principal Sub-Judge, Nagercoil, Kanyakumari District and to direct the Principal Sub-Judge, Nagercoil, Kanyakumari District to number the main suit in O.S.SR.No.156 of 2016 and to decide the same on merits and in accordance with law.) 1. This revision has been filed seeking for a direction to set aside Clause No.2 in the returned order in petition and order, dated 09.09.2016 in unnumbered O.S.SR.No.156 of 2016, on the file of the Principal Sub-Judge, Nagercoil, Kanyakumari District and to direct the Principal Sub-Judge, Nagercoil, Kanyakumari District to number the main suit in O.S.SR.No.156 of 2016 and to decide the same on merits and in accordance with law. 2. According to the Petitioner, the trial Court ought to have number the suit in O.S.SR...
Tag this Judgment!Kandayee Vs. Gopal and Others
Court: Chennai
Decided on: Oct-21-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 09.02.2010 made in A.S.No.97 of 2009 on the file of the Learned II Additional Sub-ordinate Judge, Salem, reversing the Judgment and Decree dated 20.10.2008 made in O.S.No.1157 of 2008 on the file of the Principal District Munsif Court, Salem.) 1. Challenge in this second appeal is made by the appellant /plaintiff against the udgement and decree dated 09.02.2010 made in A.S.No.97 of 2009 on the file of the Second Additional Subordinate Court, Salem, reversing the Judgement and decree dated 20.10.2008 made in O.S.No.1157 of 2008 on the file of the Principal District Munsif Court, Salem. 2. The suit is for declaration, possession and Permanent Injunction. 3. The averments contained in the plaint are briefly stated as follows: The suit property, which is a vacant site, measuring about 201 sq.ft, along with some other property originally belonged to Sellakannu Pandaram and he sol...
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