Chennai Court November 2016 Judgments
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Shanmugam Vs. M/s. Sundaram Engineering Works, Rep. by its Partner Jus ...
Court: Chennai
Decided on: Nov-21-2016
(Prayer: Criminal Appeal filed to set aside the order dated 27.04.2010 of the Additional District and Sessions Court, Fast Track Court II Coimbatore, in C.A.No.173 of 2009 and to confirm the punishment awarded by the trial court made in C.C.No.697 of 2006 dated 23.11.2009 on the file of the Judicial Magistrate No.II, Coimbatore.) 1. The Criminal Appeal arises against the Judgment of acquittal dated 27.04.2010 passed by the Additional District and Sessions Court, Fast Track Court II Coimbatore, in C.A.No.173 of 2009 and to confirm the judgment of conviction and order of sentence passed by the punishment awarded by the Judicial Magistrate No.II, Coimbatore made in C.C.No.697 of 2006 dated 23.11.2009. 2. The appellant herein was the respondent in the lower appellate court on the file of the Additional District and Sessions Court, Fast Track Court II Coimbatore, in Crl.A.No.173/2009 and complainant in C.C.No.697/2006 on the file of the learned Judicial Magistrate-II, Coimbatore. 3. The fac...
The Divisional Manager, The Oriental Insurance Company Limited, Siva C ...
Court: Chennai Madurai
Decided on: Nov-21-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award made in M.C.O.P.No.436 of 2010, dated 17.02.2012, on the file of the Motor Accidents Claims Tribunal cum Sub Judge, Kulithalai.) 1. It is a case of grievous injuries sustained by the first respondent/claimant on account of an accident took place on 01.07.2009 at about 10.40 hours on Thraiyur-Trichy main road near Ammapatti branch road. The first respondent/claimant filed an application before the Motor Accident Claims Tribunal cum Subordinate Judge, Kulithalai in M.C.O.P.No.436 of 2010 claiming compensation and the Tribunal, considering the facts and circumstances, awarded a sum of Rs.2,58,230/- as total compensation. 2. Aggrieved by the award, the appellant Oriental Insurance Company preferred this appeal only on the ground that the multiplier adopted by the Tribunal is erroneous and the quantum fixed by the Tribunal is also excessive. 3. The learned Counsel appearing for the...
Dr.R. Selvaraj Vs. The Pollution Control Board, Represented by its Cha ...
Court: Chennai Madurai
Decided on: Nov-21-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus directing the 2nd and 3rd respondents to remove the encroachments of all kinds made in the water bodies namely Thulukan Kulam in Survey No.17, Samuthayakulam in Survey No.20, Subbiahkulam in Survey No.22, Periyakulam in Survey No.37, Nedunkulam in Survey No.171, Moongilkulam in Survey No.128, Nayamagalikulam in Survey No.156, Rettaikulam in Survey No.153 and Chinnauppukulam in Survey No.183/2 at Manjampatti, Karaipatti Panchayat, Manaparai Taluk, Trichy District and to maintain the said irrigation tanks free of all encroachments and as per its original position as depicted in the survey field maps and by continuous monitoring and adoption of scientific techniques to maintain the said tanks pollution free for the general benefit of all public.) 1. This writ petitioner by namely Dr.R.Selvaraj, Homeopathy Medical Practitioner, native of Manjampatti, Karaipatti Panchayat, Manap...
Oriental Insurance Company Limited, Dharmapuri Branch, Dharmapuri Town ...
Court: Chennai
Decided on: Nov-18-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act 1988, against the judgment and decree dated 30.10.2001 made in M.C.O.P.No.123 of 2001 on the file of the Motor Accidents Claims Tribunal, Additional Special Court, Krishnagiri.) 1. This civil miscellaneous appeal is directed against the judgment and decree 30.10.2001 made in M.C.O.P.No.123 of 2001 on the file of the Motor Accidents Claims Tribunal, Additional Special Court, Krishnagiri. 2. The facts of the case are as follows:- On 17.09.2000 the petitioner and her relatives were engaged the Tempo Van bearing registration No.TN-29A-9927 which belong to first respondent to go to Hogenakkal for a death funeral. After the funeral formalities are over they returned in the Tempo to come to Vellolai. On the way in Dharmapuri to Vellolai Road i.e., west to east near Sengankottai junction road at about 06.00 p.m., due to rash and negligent driving of the Tempo by its driver at great speed dashed behind a cycli...
Sundari Vs. N. Manoharan
Court: Chennai Madurai
Decided on: Nov-18-2016
(Prayer: Petition filed under Section 24 of the Civil Procedure Code, to withdraw the case on hand on the file of the learned Subordinate Judge, Tiruvarur in H.M.O.P.No.120 of 2015 and transfer the same to the file of the learned Subordinate Judge, Kumbakonam and try along with H.M.O.P.No.44 of 2016.) 1. The case of the petitioner is that the marriage between the petitioner and the respondent was solemnized on 27.08.2010. Out of the wedlock, one male child was born in the year 2011 and thereafter another girl child was born in the year 2013. Both the children are under the custody of the parents and due to the continuous misunderstanding between the petitioner and the husband, the petitioner is forced to leave the matrimonial home with her children and now living with her aged parents and she filed a petition in H.M.O.P.No.44 of 2016 seeking restitution of conjugal rights before the learned Subordinate Judge, Kumbakonam. The respondent/husband filed H.M.O.P.No.120 of 2015 on the file o...
The United India Insurance Company Limited, Through its Divisional Man ...
Court: Chennai Madurai
Decided on: Nov-18-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 07.03.2005 passed in M.C.O.P.No.73 of 1991 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Periyakulam.) The appellant/United India Insurance Company Limited filed the present civil miscellaneous appeal, challenging the award passed in M.C.O.P.No.73 of 1991 dated 07.03.2005 by the Motor Accident Claims Tribunal (Subordinate Judge), Periyakulam. 2. It is a case of fatal accident that took place on 30.08.1989 at about 21.45 hours near Periyakulam - Theni Main Road. The injured/victim, filed a claim petition seeking compensation before the Motor Accident Claims Tribunal (Subordinate Judge), Periyakulam. The Tribunal, considering the facts and circumstances of the case awarded only a sum of Rs.25,000/- as total compensation under the head no fault liability, against which, the appellant United India Insurance Company Limited preferred the ...
K. Boopathy Vs. N.S. Kamalanathan
Court: Chennai
Decided on: Nov-18-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree of the learned Principal District Judge of Krishnagiri, dated 09.08.2010 in A.S.No.2 of 2009 confirming the judgment and decree of the learned Principal Subordinate Judge of Krishnagiri, dated 12.10.2007 in O.S.No.243 of 2002.) 1. The defendant in this second appeal has challenged the judgment and decree dated 09.08.ra2010 passed in A.S.No.2 of 2009 on the file of the Principal District Judge, Krishnagiri, confirming the judgment and decree dated 12.10.2007 passed in O.S.No.243 of 2002 on the file of the Principal Subordinate Judge, Krishnagiri. 2. The suit has been laid for recovery of money. 3. The case of the plaintiff in brief is as follows: On 29.12.1999, the defendant borrowed a sum of Rs.1,40,000/- from the plaintiff agreeing to repay the sum on demand by the plaintiff and in evidence thereof, executed the suit promissory note promising to repay the amount with interest at ...
United India Insurance Co., Ltd. Chennai, Represented by its Manager, ...
Court: Chennai Madurai
Decided on: Nov-18-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 07.07.2006 made in M.C.O.P.No.1 of 2002 on the file of the Motor Accident Claims/Tribunal Subordinate Court, Kuzhithurai.) Judgment: 1. The appellant/United Insurance Company Ltd., filed the present C.M.A.(MD)No.64 of 2010, challenging the award passed in M.C.O.P.No.1 of 2002 by the Motor Accidents Claims Tribunal/ Subordinate Court, Kuzhithurai. 2. The facts in nutshell is that it is a case of fatal accident and the accident took place at about 4.00 a.m. on 30.12.1996 at Ayoor Agaram Over Bridge. The legal heirs of deceased filed application seeking compensation before the Motor Accident Claims Tribunal Subordinate Court, Kuzhithurai and the Tribunal considering the facts and circumstances of the case awarded Rs.2,02,000/- towards total compensation. 3. The award passed by the Motor Accident Claims Tribunal in M.C.O.P.No.1 of 2002 on 07.07.2006 is challenge...
Oriental Insurance Co., Ltd., Vs. Sundari and Others
Court: Chennai Madurai
Decided on: Nov-18-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 25.02.2005 made in M.C.O.P.No.1202 of 2003 on the file of the Motor Accident Claims Tribunal/Principal Subordinate Court, Tirunelveli Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 25.02.2005 made in M.C.O.P.No.243 of 2003 on the file of the Motor Accident Claims Tribunal/Principal Subordinate Court, Tirunelveli) Common Judgment 1. Since both these appeals arise out of the same accident and a common judgment they are taken up together and disposed of by this common judgment. 2. The appellant/Oriental Insurance Company Ltd., filed the present C.M.A.(MD)Nos.303 and 304 of 2006, challenging the award passed in M.C.O.P.Nos.1202, 243 of 2003 respectively, by the Motor Accidents Claims Tribunal/Principal Subordinate Court, Tirunelveli. 3. The facts in nutshell is that the accident to...
Manimeglai and Others Vs. State Represented by: The Inspector of Polic ...
Court: Chennai
Decided on: Nov-18-2016
(Prayer: This criminal appeal is filed under Section 374(2) Cr.P.C., against the judgment of the learned Special Judge/Principal Sessions Judge, Dharmapuri made in S.C.No.20 of 2009 dated 5.8.2009.) A-1 to A-3 in the Sessions case in S.C. No.20 of 2009 on the file of the learned Special Judge under SC/ST (PA) Act/Principal Sessions Judge, Dharmapuri are the appellants. 2. A-1 has been tried for charges under Sections 3(1) (iii), 3(1) (xi) and 3(1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter, in short, SC/ST Act]. A-2 and A-3 were tried for charges under Section 3(1) (xi) and 3(1) (x) of SC/ST Act. 3. After trial, the learned Special Judge acquitted all the accused from the charge under Section 3(1) (iii) of the said Act. However, convicted them on the remaining charges and sentenced them as detailed below: AccusedConvictionSentenceA-1(i) Section 3(1)(x) of SCandST (P.A.) Act;(i) 1 year RI and fined Rs.1,000/- in default 3 months S.I;A-...
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