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Chennai Court November 2016 Judgments

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Nov 21 2016

A. Elumalai Vs. G. Vijayalakshmi and Others

Court: Chennai

Decided on: Nov-21-2016

(Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code against the fair and decreetal order passed in C.M.P.No.112 of 2015 in A.S.No.246 of 2015 dated 24.02.2016 on the file of the XVI Additional Judge, City Civil Court, Chennai.) 1. Challenging the fair and final order passed in C.M.P.No.112 of 2015 in A.S.No.246 of 2015 on the file of the XVI Additional Judge, City Civil Court, Chennai, the 1st defendant in O.S.No.912 of 1999 on the file of the I Assistant Judge, City Civil Court, has filed the above Civil Revision Petition. 2. The plaintiff filed the suit in O.S.No.912 of 1999 for declaration, recovery of possession and for permanent injunction. 3. The defendants filed their written statement and contested the suit. The trial Court decreed the suit. 4. Aggrieved over the same, the 1st defendant preferred an appeal in A.S.No.230 of 2003 on the file of the III Additional Judge, City Civil Court, Chennai and the 1st Appellate Court allowed the appeal and s...


Nov 21 2016

A.K. Alagarraja Memorial Kinder Garden School and Others Vs. Theni Coo ...

Court: Chennai Madurai

Decided on: Nov-21-2016

(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 22.02.2008 made in O.S.No.477 of 2006 by the learned District Munsif, Theni and confirmed by a judgment and decree dated 26.07.2010 made in A.S.No.77 of 2009 on the file of the learned Subordinate Judge, Theni.) 1. The defendants 1 to 3 in the suit in O.S.No.477 of 2006 on the file the District Munsif Court, Theni, are the appellants in the above second appeal. 2. The respondent herein, as plaintiff, filed the suit in O.S.No.477 of 2006 for a declaration that the second defendant / second appellant has only a limited and restricted right to manage the school without any personal right to alienate the suit property and as such the suit property which was reserved for a school should remain only as a school site without any change and for an order of mandatory injunction directing defendants 2 and 3 to hand over the school to the plaintiff. The suit is also for a permanent injunc...


Nov 21 2016

The State of Tamil Nadu, Rep. by its Principal Secretary to Government ...

Court: Chennai Madurai

Decided on: Nov-21-2016

(Prayer: This Writ Appeal is filed under Clause 15 of Letter Patent against the order dated 22.01.2015 made in W.P(MD).No.11948 of 2014.) Judgment: M. sathyanarayanan, j. 1. By consent, this Writ Appeal is taken up for final disposal. 2. The affidavit leading to filing of the Writ Petition has been narrated in detail in the impugned order dated 22.01.2015 in W.P(MD).No.11948 of 2014 and the earlier round of litigation gave rise to the passing of the order dated 05.12.2013 in W.P(MD).No.13822 of 2013 and therefore, it is unnecessary to restate the facts once again except to narrate the relevant facts which requires for the disposal of this appeal. 3. The respondent herein is the Writ Petitioner and while he was working as Inspector of Police, Central Crime Branch, he was issued with a charge memo dated 05.09.2007 alleging that he failed to conduct proper enquiry and given a report with an intention to cover the illegalities of M.Prabakaran, Proprietor of Business Solutions, Salem. The r...


Nov 21 2016

C. Chidambararaj and Others Vs. The State of Tamil Nadu rep. by its Se ...

Court: Chennai Madurai

Decided on: Nov-21-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to implement the resolution of the syndicate bearing No.2015.119.2 dated 24.07.2015 and to include the name of the petitioners in the old pension scheme and to grant all benefits in pursuance to the same by considering the representation of the petitioner dated 20.06.2014.) 1. This writ petition has been filed for the issuance of a Writ of Mandamus, seeking direction to the respondents to implement the resolution of the syndicate (bearing No.2015.119.2), dated 24.07.2015, and to include the name of the petitioners in the old pension scheme and to grant all benefits, in pursuant to the same, by considering the representation of the petitioners, dated 20.06.2014. 2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader, who took notice for the respondents. By consent, the writ petition itself is taken up f...


Nov 21 2016

Savithri Vs. Kalyani

Court: Chennai

Decided on: Nov-21-2016

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree of Additional Sub Court, Mayiladuthurai, dated 31.03.2010 made in A.S.No.28 of 2009 confirming the judgment and decree of Additional District Munsif Court, Mayiladuthurai dated 03.12.2008 made in O.S.No.322 of 2006.) 1. Challenge in this second appeal is made by the plaintiff against the judgment and decree dated 31.03.2010 made in A.S.No.28 of 2009 on the file of Additional Sub Court, Mayiladuthurai, confirming the judgement and decree dated 03.12.2008 made in O.S.No.322 of 2006 on the file of the Additional District Munsif Court, Mayiladuthurai. 2. The suit has been laid for permanent injunction. 3. The averments contained in the plaint are briefly stated as follows: The ground site in the suit property bearing R.S.No.60/2 punjai 16 cents wherein the old thatched house and its backyard are situated bearing Old Door No.3/78-C and New Door No.3/171, belongs to A/M Agneeswara Swamy...


Nov 21 2016

National Insurance Company Limited, Through its Divisional Manager, Th ...

Court: Chennai Madurai

Decided on: Nov-21-2016

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the order and decree dated 22.03.2007 passed in MACOP.No.1051 of 2005 on the file of the Motor Accident Claims Tribunal, (Principal Sub-Court), Thanjavur.) 1. It is the case of an injury caused due to the accident took place on 22.05.2005 about 5.30 a.m at Kumbakonam main road near Nettaru Village, Vettaru River. The injured victim filed an application in MACOP.No.1051 of 2005 before the Motor Accident Claims Tribunal, (Principal Sub-Court), Thanjavur, and the Tribunal by considering the facts and circumstances of the case, awarded Rs.41,400/- as total compensation with interest at 7.5% per annum. The appellant insurance company filed the present appeal, challenging the Award passed by the Tribunal, on the ground that it is a case, where there is a doubtful identity of vehicles met with the accident. Originally, it was stated that the accident caused due to the Two-wheeler/Bajaj-MIT, but subsequently, the vehicl...


Nov 21 2016

The Oriental Insurance Company Ltd., Vs. Parvathy and Others

Court: Chennai Madurai

Decided on: Nov-21-2016

(Prayer:Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Award made in M.C.O.P.No.328 of 2007, dated 15.07.2011, on the file of the Motor Accidents Claims Tribunal cum Subordinate Judge, Kulithalai.) Common Judgment 1. The appellant/Insurance Company filed the present C.M.A(MD)Nos.389 to 391 of 2012, challenging the award passed in M.C.O.P.Nos.328 of 2007, 332 of 2007 and 353 of 2007 respectively, dated 15.07.2011, on the file of the Motor Accidents Claims Tribunal cum Subordinate Judge, Kulithalai. 2. It is the case of grievous injuries and the accident took place on 29.05.2007 at about 03.00p.m., in Thuraiyur - Trichy Main Road, near Pulivalamkadu. The claimants sustained fractures and multiple injuries all over the body. The respondents / claimants have filed M.C.O.P.Nos. 328 of 2007, 332 of 2007 and 353 of 2007 respectively. The Tribunal considered the facts and circumstances of the case and passed awards granting a sum of Rs.6,94,000/-...


Nov 21 2016

Tamilnadu State Transport Corporation Ltd. Trichy, Rep by its General ...

Court: Chennai Madurai

Decided on: Nov-21-2016

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the order and decree dated 30.06.2006 passed in MCOP.No.85 of 20005 on the file of the Motor Accident Claims Tribunal, Devakottai.) Judgment: S.M. Subramaniam, J. 1: It is the case of an injury caused due to the accident took place on 03.06.2005 about 9.15 p.m near Chekkalai road at Karaikudi. The injured victim filed an application in MCOP.No.85 of 2005 before the Motor Accident Claims Tribunal, Devakottai, and the Tribunal by considering the facts and circumstances of the case, awarded Rs.3,41,788/- as total compensation with interest at 7.5% per annum. The present appeal is filed by the Tamil Nadu State Transport Corporation on the ground that 50% of the liability is fixed on the driver of the appellant corporation bus and the balance 50% was fixed on the respondent/claimant himself, in view of the fact that the claimant also committed a gross negligence and caused the accident. The contention of the appellan...


Nov 21 2016

M/s. National Insurance Co. Ltd., North Usman Road, T. Nagar Vs. B. Sh ...

Court: Chennai

Decided on: Nov-21-2016

(Prayer: This Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment dated 16.08.2013, made in MCOP.No.3790 of 2007, on the file of the Motor Accident Claims Tribunal, Small Causes Court III Judge, Chennai.) 1. Aggrieved by the award dated 16.08.2013, made in MCOP.No.3790 of 2007, on the file of the Motor Accident Claims Tribunal, Small Causes Court III Judge, Chennai, in awarding a sum of Rs.49,000/- for the injuries sustained by the claimant/first respondent herein, the appellant Insurance Company has filed the present appeal questioning the liability. 2. Mr.J.Chandran, learned counsel for the appellant submitted that the first respondent/claimant was travelling in a goods auto bearing Registration No.TN 04 S 1737 at C.B.Road near Stanley Nagar Railway Colony, opposite to Door No.86/55 with the goods, namely, sarees along with one another person. It is at this point of time, a share auto bearing Registration No.TN 04 S 3138, driven by its d...


Nov 21 2016

A. Kodeeswaran Vs. P. Palanisamy and Others

Court: Chennai Madurai

Decided on: Nov-21-2016

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the order and decree dated 10.07.2003 passed in MCOP.No.27 of 2003 on the file of the Motor Accident Claims Tribunal (Additional District Court, Fast Track Court), Virudhunagar.) Judgment: S.M. Subramaniam, J. 1. It is the case of unfortunate fatal accident took place on 13.09.1999 about 10.00 a.m at Virudhunagar-Alagapuri main road near Sengundrapuram. The injured victim filed an application in MCOP.No.27 of 2003 before the Motor Accident Claims Tribunal, Sub-Court, Virudhunagar, and the Tribunal by considering the facts and circumstances of the case, awarded Rs.1,50,000/- as total compensation with interest at 9% per annum, mainly fixing the liability on the owner of the vehicle in entirety. The owner of the vehicle preferred the present appeal, challenging the Award passed by the Tribunal, on the ground that he cannot be held fully responsible to pay the compensation in view of the fact that the vehicle was i...


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