Chennai Court November 2016 Judgments
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Arul Seeli Vs. Smila Fernando and Another
Court: Chennai Madurai
Decided on: Nov-23-2016
(Prayer: Appeal filed under Order 43 of the Civil Procedure Code, against the order dated 26.02.07 passed in I.A.No.162 of 05 in O.S.No.22 of 05 on the file of the Hon'ble District Judge, Thoothukudi.) 1. In view of the endorsement made by the learned counsel for the appellant, this Civil Miscellaneous Appeal is dismissed as infructuous. No costs. Consequently, M.P(MD)No.2 of 2007 is closed....
National Insurance Company Limited, Branch Office, Tirunelveli Junctio ...
Court: Chennai Madurai
Decided on: Nov-23-2016
(Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the order and decree dated 25.05.2005 passed in M.A.C.O.P.No.836 of 2002, on the file of the Motor Accident Claims Tribunal, I Additional Sub Court, Tirunelveli.) The appellant/National Insurance Company has filed the present C.M.A(MD)No.760 of 2005, challenging the award passed in M.A.C.O.P.No.836 of 2002, dated 25.05.2005, on the file of the Motor Accident Claims Tribunal, I Additional Sub Court, Tirunelveli. 2. It is a case of an injury caused due to the accident took place on 10.06.2001 at about 9.45 hours in the main road, Maniachi and the injured victim filed an application seeking compensation before the Motor Accident Claims Tribunal, I Additional Sub Court, Tirunelveli in MCOP.No.836 of 2002. The Tribunal, considering the facts and circumstances of the case, awarded Rs.1,02,000/- as total compensation. Challenging the award, the appellant/National Insurance Company Limited has ...
Madurai E.M.G.Gopalakrishna Kone Trust Vs. Arulmigu Meenakshi Sundares ...
Court: Chennai Madurai
Decided on: Nov-23-2016
(Prayer: Civil Revision Petition is filed under Section 115 of C.P.C., to set aside the fair and decreetal order dated 20.06.2016 passed in E.A.No.70 of 2016 in E.A.No.42 of 2016 in E.P.No.77 of 2006 in O.S.No.123 of 1970 on the file of the 1st Additional Sub Judge, Madurai.) 1. This civil revision petition arises against the order dated 20.06.2016 passed in E.A.No.70 of 2016 in E.A.No.42 of 2016 in E.P.No.77 of 2006 in O.S.No.123 of 1970 on the file of the 1st Additional Sub Judge, Madurai. 2. The first respondent temple filed a suit in O.S.No.123 of 1970 before the learned I Additional Subordinate Judge, Madurai, for the relief of delivery of possession and for mesne profits. The said suit was decreed on 23.12.1978. Aggrieved by the said judgment and decree, appeals were filed in A.S.No.209 of 1979 and 9 of 1980 before this Court and the said appeals were also dismissed on 12.02.1986. Sixth defendant in the suit has filed a petition in Review C.M.P.No.3891 of 1986 in A.S.No.209 of 19...
K. Vijaya Vs. R. Kannan and Others
Court: Chennai Madurai
Decided on: Nov-23-2016
(Common Prayer: Civil Revision Petitions filed under Article 227 of the Constitution of India, praying this Court to direct the Sub-Court, Kumbakonam to dispose of I.A.Nos.199,200 and 201 of 2016 in O.S.No.163 of 2016 within the time frame specified by this Court.) Common Order C.R.P(PD)(MD)Nos.2390 and 2391 of 2016 1. C.R.P(PD)(MD)Nos.2390 and 2391 of 2016 has been filed to direct the Sub-Court, Kumbakonam to dispose of I.A.Nos.200 and 201 of 2016 in O.S.No.163 of 2016 within the time frame specified by this Court. 2. The above said applications have been filed by the revision petitioner under Order 39 Rule 1 and 2 and Section 151 of C.P.C, in the aforesaid suit. In those applications, notice was ordered on 31.8.2016.Thereafter, the matter has been adjourned from time to time for filing counter. Except R1, others have filed the counter affidavit. Thereafter, the matter was posted on 29.11.2016 and those applications are pending before the trial Court, without any progress. Hence the P...
G. Raj Priyanga Vs. S. Shanmugasundaram
Court: Chennai Madurai
Decided on: Nov-23-2016
(Prayer: Petition filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.94 of 2016 on the file of the Subordinate Court, Kancheepuram, Kancheepuram District and transfer the same to the file of Sub Court, Ramanathapuram, Ramanathapuram District.) 1. The present petition is filed seeking to withdraw H.M.O.P.No.94 of 2016, on the file of the Subordinate Court, Kancheepuram, Kancheepuram District and transfer the same to the Sub Court, Ramanathapuram, Ramanathapuram District. 2. The marriage between the petitioner and respondent was solemnized on 13.03.2013 as per Hindu Rites and Customs. 3. The main contention of the learned counsel for the petitioner is that both the petitioner and the respondent were residing together at Chennai as joint family and the respondent was working as a software Engineer in IBM at Chennai and they were leading a happy life. Subsequently, the respondent as well as his family members demanded dowry and thereafter the misunderstanding arose betw...
United India Insurance Company Limited, represented by its Branch Mana ...
Court: Chennai Madurai
Decided on: Nov-23-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, to set aside the order and decree dated 27.12.2004 passed in MCOP.No.177 of 2002 on the file of the Motor Accident Claims Tribunal/II-Additional Sub Court, Nagercoil, to allow this appeal with cost.) 1. The present Civil Miscellaneous Appeal has been filed to set aside the order and decree, dated 27.12.2004, made in MCOP.No.177 of 2002 on the file of the Motor Accident Claims Tribunal/II-Additional Sub Court, Nagercoil. 2. It is the case of injury caused due to the accident took place on 09.02.2000, at 15.30 hours, on Chenbagaramanputhoor to Aralvoimozhi main road. The injured victim filed a claim petition in MCOP.No.177 of 2002 seeking compensation before the Motor Accident Claims Tribunal/II-Additional Sub Court, Nagercoil and the Tribunal, by considering the facts and circumstances of the case, awarded Rs.1,53,100/- as total compensationand the appellant insurance company filed the present appeal challenging the Awar...
S. Karimunnisha Vs. C. Uthayakumar
Court: Chennai
Decided on: Nov-23-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 30.09.2010 in A.S.No.72 of 2010 on the file of the Sub-Court, Poonamallee, reversing the judgement and decree dated 14.07.2010 in O.S.No.12 of 2008 on the file of the Additional District Munsif Court, Poonamallee.) 1. The defendant has, in this second appeal, impugned the judgment and decree dated 30.09.2010 passed in A.S.No.72 of 2010 on the file of the Sub Court, Poonamallee, reversing the judgment and the decree dated 14.07.2010 passed in O.S.No.12 of 2008 on the file of the Additional District Munsif Court, Poonamallee. 2. The Suit has been laid for permanent Injunction. 3. The case of the plaintiff, in brief, is as follows: The suit property originally was owned and possessed by G.Parasurama Naicker under the sale deed dated 07.02.1962. The said G.Parasurama Naicker, after purchase, has ploted out the area and sold to various purchasers and the plaintiff has purchased t...
M.K. Stalin, Leader of Opposition and Member of Legislative Assembly V ...
Court: Chennai
Decided on: Nov-23-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent pertaining to S.O.Ms.No.108, Legislative Assembly Secretariat, dated 22.08.2016, quash the same and consequently direct the first respondent to place the fifth respondent status-quo ante in terms of S.O.Ms.No.104, dated 08.08.2016, as Special Personal Assistant to the Leader of Opposition.) 1. This writ petition has been filed by the petitioner seeking for the issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent pertaining to S.O.Ms.No.108, Legislative Assembly Secretariat, dated 22.08.2016, whereby the fifth respondent, who was appointed as a Special Personal Assistant to the petitioner herein, was repatriated back to the Secretariat Services, downgrading to the post of Personal Assistant and to direct the first respondent to place the fifth respondent status-quo ...
Dr. P. Sakthivel and Another Vs. State of Tamil Nadu rep. by Secretary ...
Court: Chennai
Decided on: Nov-23-2016
(Prayer: Petition filed under Article 226 of The Constitution of India praying for a Writ of Certiorarified Mandamus after calling for the records from the first respondent relating to G.O. (Ms) No.472, Higher Education (C2) Department dated 18.11.2015 issued by the first respondent as illegal, arbitrary and without jurisdiction and contrary to the UGC Regulations, 2010/AICTE Regulations 2010 and quash the same and for a consequential direction to the 1st and 2nd respondent to implement the G.O. Ms. No.95, Higher Education (C2) Department dated 05.05.2010 in letter and spirit in accordance with UGC regulations, 2010/AICTE regulations, 2010.) 1. The petitioners seek to quash the order passed by the first respondent in G.O. (Ms) No.472, Higher Education (C2) Department dated 18.11.2015 as it is contrary to the UGC Regulations, 2010/AICTE Regulations 2010 and for issuance of a consequential direction to the 1st and 2nd respondents to give effect to the order passed in G.O. Ms. No.95, High...
S. Esakkimuthu Vs. S. Raju and Another
Court: Chennai Madurai
Decided on: Nov-23-2016
(Prayer:-Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988against the judgment and decree of the learned Motor Accidents Claims Tribunal (First Additional Sub-Judge), Tirunelveli, passed in M.C.O.P.No.537 of 2003, dated 30.06.2005.) Judgment: 1. The appellant/claimant has filed the present C.M.A(MD)No.1455 of 2006, challenging the award passed inMCOP.No.537 of 2003, dated 30.06.2005, on the file of the Motor Accidents Claims Tribunal, (First Additional Sub-Judge), Tirunelveli. 2. The present case on hand, it is a case of an accident occurred on 08.03.2003 at about 06.00 hours in Palayamkottai-Ambasamudram Road, and at that time the Ambassador Car dashed with two cows, which crossed the road and one cow got died and another cow got injured. The owner of the cows filed an application seeking compensation before the Motor Accident Claims Tribunal, (First Additional Sub-Judge), Tirunelveli in MCOP.No.537 of 2003, and the Tribunal, considering the facts and ...
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