Skip to content

Chennai Court November 2016 Judgments

Browse smarter

Open an 18-section brief on any judgment

Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.

  • AI Brief & Ask
  • Semantic AI Search
  • Devil's Bench

Credentials emailed - log in to pick up where you left off.

Nov 22 2016

D. Shanmugham Vs. L. Lalithaamma

Court: Chennai

Decided on: Nov-22-2016

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 10.11.2010 made in A.S.No.90 of 2010 on the file of the Principal Subordinate Court, Salem, reversing the judgment and decree dated 12.01.2010 made in O.S.No.1302 of 2008 on the file of the I Additional District Munsif Court, Salem.) 1. The second appeal has been laid by the plaintiff challenging the judgment and decree dated 10.11.2010 made in A.S.No.90 of 2010 on the file of the Principal Subordinate Court, Salem, reversing the judgment and decree dated 12.01.2010 made in O.S.No.1302 of 2008 on the file of the First Additional District Munsif Court, Salem. 2. The suit has been laid by the plaintiff seeking the relief of perpetual injunction restraining the defendant not to let or sublet the suit property for rent to anybody. 3. The defendant is the wife of the deceased Govindarajulu. It is the admitted case of both parties that the deceased Govindarajulu left a Will dated ...


Nov 22 2016

New India Assurance Co.Ltd. 34, Alagar Koil Road, Tallakulam Vs. Minor ...

Court: Chennai Madurai

Decided on: Nov-22-2016

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 10.08.2006 passed in MCOP.No.817 of 2000 on the file of the Motor Accident Claims Tribunal, (Additional and Sessions Judge), (Fast Track Court No.3), Madurai.) 1. It is the case of an injury caused due to the accident took place on 12.03.2000 about 19.00 hours on Dindigul-Battalagundu main road near Chithayankottai. The injured victim filed an application in MCOP.No.817 of 2000 on the file of the Motor Accident Claims Tribunal, (Additional and Sessions Judge), (Fast Track Court No.3), Madurai, and the Tribunal considering the facts and circumstances of the case, awarded Rs.75,000/- as total compensation with interest at 7.5% per annum. Challenging the award, the appellant insurance company has filed this appeal, on the ground that the injured was a gratuitous passenger in the Tempo which met with the accident and the Tempo was carrying 35 passengers and all were proceeding for atten...


Nov 22 2016

The Oriental Insurance Company Ltd. through its Branch Manager, Theni ...

Court: Chennai Madurai

Decided on: Nov-22-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against Judgment and decree in M.C.O.P.No.92 of 2012, dated 30.04.2013, on the file of the Motor Accident Claims Tribunal, Principal District Judge, Theni.) 1. The appellant/Insurance Company has filed the present C.M.A(MD)No.977 of 2014, challenging the award passed in M.C.O.P.No.92 of 2012, dated 30.04.2013, on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Theni. 2. It is a case of fatal accident occurred due to the accident took place on 05.05.2012 at about 8.00 p.m. near Kailasapatti Kailasanathar Koil Road and the heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, Principal District Judge, Theni. The Tribunal considering the facts and circumstances of the case, awarded Rs.3,71,000/- as total compensation. Challenging the award, the appellant/Oriental Insurance Company has preferred the present appeal on the...


Nov 22 2016

Mohammed Rukkaiyabivi Vs. Mahasar Ali and Others

Court: Chennai Madurai

Decided on: Nov-22-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the order made in I.A.No.448 of 2016 in O.S.No.69 of 2012 dated 3.10.2016, on the file of the District Munsif Court, Muthukulathur.) 1. This revision has been filed seeking for a direction to set aside the order made in I.A.No.448 of 2016 in O.S.No.69 of 2012, dated 3.10.2016, on the file of the District Munsif Court, Muthukulathur. 2. The facts of the case are as follows: The revision petitioner herein filed a suit in O.S.No.69 of 2012 for declaration and for permanent injunction. At the time of filing of the suit, the third defendant was shown as party in the suit. There is a common allegation on all the defendants at the time of filing of the suit. Now the present application in I.A.No.448 of 2016 in O.S.No.69 of 2012 is filed under Order 1 Rule 10(2) and Section 151 of C.P.C to strike out the name of the third defendant from the plaint, who is a party in the suit. ...


Nov 22 2016

Lazer @ Rajan Vs. State Rep. by the Inspector of Police, Kadayalmoodu ...

Court: Chennai Madurai

Decided on: Nov-22-2016

(Prayer: Criminal Appeal has been filed under Section 374 of Cr.P.C. against the judgment, dated 27.08.2015, made in S.C.No.6 of 2006, by the learned II-Additional District and Sessions Judge, Tirunelveli.) 1. The appellant is the first accused in S.C.No.6 of 2006 on the file of the learned Second Additional District and Sessions Judge, Tirunelveli. There was yet another accused by name Manikandan, who was arrayed as the second accused in the case. The trial Court framed as many as four charges against the accused as detailed below: Charge Nos.AccusedPenal Provisions1A1U/s.302 IPC2A1U/s.302 r/w 201 IPC3A2U/s.201 r/w 34 IPC4A1U/s.3(2)(5) SC/ST Act. During the pendency of the trial, the second accused died and therefore, the charge against him was abated. Thus, the first accused alone faced the trial. By judgment dated 27.08.2015, the trial Court acquitted the first accused/appellant from the charge under Sections 302 r/w 201 IPC and Section 3(2)(5) of the Scheduled Castes and Scheduled ...


Nov 21 2016

General Manager, The United India Insurance Company Limited Vs. Siraju ...

Court: Chennai Madurai

Decided on: Nov-21-2016

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 24.03.2006 made in MCOP.No.2414 of 2002 on the file of the Motor Accident Claims Tribunal cum I Additional District Court (PCR) Trichy.) 1. It is the case of injury caused due to the accident took place on 20.06.2002 about 10.30 p.m on Trichy-Chennai Bye-pass road. The injured victim filed an application in MCOP.No.2414 of 2002 before the Motor Accident Claims Tribunal cum I Additional District Court (PCR) Trichy, and the Tribunal by considering the facts and circumstances of the case, awarded Rs.66,000/- as compensation with interest at 7.5% per annum, against which, the appellant insurance company has filed the present appeal on the ground that the appellant is not liable to pay any compensation, since the accident itself was in question. 2. Though the learned counsel stated that the appellant is questioning the liability, admitted the fact that they had not let in any evidence be...


Nov 21 2016

P. Ganesan Vs. The Managing Director, Tamil Nadu State Transport Corpo ...

Court: Chennai Madurai

Decided on: Nov-21-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree made in M.C.O.P.No.515 of 2003 on the file of the Motor Accident Claims Tribunal, (III Additional Subordinate Judge), Trichy, dated 03.04.2013.) Judgment: 1. This Civil Miscellaneous Appeal was filed on account of an accident took place on 17.10.2002 at about 04.15 p.m. near Nagar Branch Road on Lalgudi Trichy road. It is a head on collusion between a car and Transport Corporation bus. The claimant who was travelling in the bus got injured and filed application seeking compensation before the Motor Accident Claims Tribunal, Trichirappalli. The Tribunal, considering the facts and circumstances of the case, awarded a sum of Rs.17,000/- for the claimant and the appellant/claimant preferred this appeal challenging the award on the ground that the quantum of compensation granted by the Tribunal is less. 2. The learned Counsel for the appellant/claimant contended that ...


Nov 21 2016

Devendrakula Velalar Samugam, through its President Vs. Devendrakula V ...

Court: Chennai Madurai

Decided on: Nov-21-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the Subordinate Judge, Srivilliputhur for early disposal of O.S.No.243 of 2013.) 1. This revision has been filed seeking for a direction to to direct the Subordinate Judge, Srivilliputhur for early disposal of O.S.No.243 of 2013. 2. Originally, the suit was filed in the year 2005 in O.S.No.107 of 2005 and thereafter, in view of the subsequent order for joint trial the suit was renumbered as O.S.No.243 of 2013 before the Sub-Court, Srivilliputhur and the said suit has been adjourned from time to time without proceeding with the trial. Therefore the present Civil Revision Petition has been filed for the relief stated supra. 3. Since the original suit is of the year 2005 and subsequently it was renumbered as O.S.No.243 of 2013 and taking into consideration of the said facts and circumstances of the case, this Court without expressing any opinion on the merits of the case, in...


Nov 21 2016

K. Senthil Vs. The Secretary to Government Home (Tr.II-A) Department S ...

Court: Chennai

Decided on: Nov-21-2016

R. Suresh Kumar, J. 1. The prayer in the W.P. No. 26699 of 2010 is for a writ of certiorarified mandamus, calling for the records of the Provisional Selection List dated.13.10.10 for appointment by direct recruitment to the post of Motor Vehicles Inspector Grade II in the Tamil Nadu Transport Subordinate Service 2006-2008 issued by the 2nd respondent and the consequential order passed by the 2nd respondent made in Memorandum No. 4615/ED-A3/2010 dated 26.10.10 and quash the same and consequently, direct the 2nd respondent to consider the petitioner for Selection/Appointment to the Post of Motor Vehicle Inspector Grade-II based on the Advertisement No. 187 dated 24.02.2009 and supplementary Notification No. 191 dated 28.2.2009 in Tamil Nadu Transport Subordinate Service. 2.1. The case of the petitioner is that the petitioner had completed the Diploma in Mechanical Engineering in the year 1995. Thereafter, he acquired the qualification of Post Diploma in Computer Application and under gra...


Nov 21 2016

National Insurance Co. Ltd. Vs. Rengaraj and Others

Court: Chennai Madurai

Decided on: Nov-21-2016

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 04.06.2007 made in MCOP.No.741 of 2005 on the file of the Motor Accident Claims Tribunal, III Additional Sub Judge, Trichy.) 1. It is a pathetic case where the death of a minor child aged about six years occurred due to the accident took place on 25.11.2004 about 9.00 a.m at Ayyan Field, Uppiliapuram on Thuraiyur to Thammampatti road. The Tribunal granted compensation of Rs.3,00,000/- with interest at 7.5% per annum. Questioning the quantum of compensation awarded by the Tribunal as excessive and requires re-consideration, the appellant insurance company filed the present appeal. 2. On reading of the findings of the Tribunal, this Court finds that the deceased child aged about six years was the only child to the claimants/parents and any amount of compensation granted, will not satisfy or will be a real compensation as far as the parents are concerned. In such cases, quantum of comp...


  • Last »

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial