Chennai Court November 2016 Judgments
Dhanalakshmi Ammal Vs. Veeraputhiran
Court: Chennai Madurai
Decided on: Nov-30-2016
(Prayer:Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgment and Decree dated 28.09.2011 passed in A.S.No.117 of 2008 by the Sub Court, Thoothukudi confirming the Judgment and Decree dated 09.08.2008 passed in O.S.No.485 of 2007 by the Principal District Munsif, Thoothukudi.) 1. The defendant in the suit in O.S.No.485 of 2007 on the file of the Principal District Munsif Court, Thoothukudi, is the appellant in this Second Appeal. 2. The case of the respondent as plaintiff in the suit are as follows: 2.1. The suit property which is referred to in the plaint plan as ABCDFGA belong to the plaintiff under two sale deeds dated 18.06.1987. The portion which is shown as CD is a common wall belongs to the plaintiff and one Kaliappa Nadar who is having his property on the eastern side of the suit property. The wall which is shown as BE in the plaint plan is the exclusive wall of the plaintiff. There are three windows and sunshades which were fixed in the mot...
Tag this Judgment!Vijayan Vs. Kamila Beevi
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings(Lease and Rent Control) Act, 1960 praying this Court to set aside the fair and decretal order made in R.C.A.No.2 of 2008, dated 8.2.2016, on the file of the Rent Control Appellate Authority(Principal Sub-Court), Tirunelveli confirming the fair and decretal order made in R.C.O.P.No.9 of 2006, dated 28.3.2007, on the file of the Rent Controller(Principal District Munsif),Tirunelveli.) 1. This revision has been filed seeking for a direction to to set aside the fair and decretal order made in R.C.A.No.2 of 2008, dated 8.2.2016, on the file of the Rent Control Appellate Authority(Principal Sub-Court), Tirunelveli confirming the fair and decretal order made in R.C.O.P.No.9 of 2006, dated 28.3.2007, on the file of the Rent Controller(Principal District Munsif),Tirunelveli. 2. When the matter is taken up for hearing, the learned counsel for the Petitioner has filed an undertaking affidavit before this Court sta...
Tag this Judgment!B. Chitra Vs. State, Rep. By Inspector of Police, Thanjavur District
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C to set aside the Judgment and Conviction dated 26.02.2015, by the II Additional District and Sessions Court, Thanjavur in S.C.No.131 of 2012 and acquit the Appellant.) M.V. Muralidaran, J. 1. The appellant is the second accused in S.C.No.131 of 2012, on the file of the II Additional District and Sessions Judge, Thanjavur. The trial Court framed charges under Section 302, 120(b), 364, 342 r/w 34, 467 and 201 of I.P.C against this Appellant/Accused. 2. The trial Court by Judgment dated 26.02.2015 convicted the appellant under Section 302 of I.P.C for life imprisonment and to pay a fine of Rs.1000/-, in default further undergo rigorous imprisonment for three months, convicted and sentenced to undergo one year imprisonment under section 342 under IPC, further sentenced convicted and sentenced to undergo three year imprisonment, imposed fine of rupees five hundred, in default to pay the fine amount three months imprisonme...
Tag this Judgment!V. Thambiah Reddy (deceased) and Others Vs. E. Kumar and Others
Court: Chennai
Decided on: Nov-29-2016
1. This suit is filed for delivery of possession and for damages caused by the first defendant, by name Elumalai and on plaintiff's death, other plaintiffs were impleaded. 2. The brief facts of the plaintiff's case is are follows: The suit property absolutely belongs to the first plaintiff, by virtue of the partition deed dated 27.10.1948, registered on the file of SRO, T-Nagar, Chennai. The first plaintiff originally permitted Elumalai, the father of the defendants to use a portion of the land for his cattle shed. The said Elumalai is also residing there. On his refusal to quit and deliver the vacant possession of the land, when required by the plaintiff, the suit in O.S.No.2481 of 1970 was filed on the file of the I Assistant Judge, City Civil Court, Chennai, against the said Elumalai, for recovery of possession and the said suit was decreed on 31.07.1974. Thereafter, execution petition also taken out in E.P.No.3236 of 1978. Pending the said Execution Petition, Elumalai died, therefo...
Tag this Judgment!Nandakumar Vs. The State Through the Inspector of Police, Thathiengarp ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Appeal is filed under Section 374(2) of the Code of Criminal Procedure against the Judgment and conviction dated 09.02.2016 made in S.C.No.92 of 2014, on the file of the learned Principal Sessions Judge, Tiruchirappalli.) Judgment: S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.92 of 2014, on the file of the learned Principal Sessions Judge, Tiruchirappalli. He stood charged for the offences punishable under Sections 449 and 302 of the Indian Penal Code. By Judgment dated 09.02.2016, the Trial Court acquitted the accused from the charge under Section 449 of the Indian Penal Code, but convicted the accused and sentenced him, as detailed below:- Section of Law Sentence of imprisonment Fine amount 302 IPC To undergo imprisonment for life. Rs.1,000/- in default to undergo simple imprisonment for six months. 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:- Th...
Tag this Judgment!Special Officer, Kanyakumari District Plantation Employee Cooperative ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, praying to reverse and set aside the judgment and decree dated 19.09.2008 passed by the learned Subordinate Judge, Padmanabhapuram in A.S.No.87 of 2007 in confirming the judgment and decree of Additional District Munsif Court, Padmanabhapuram, in O.S.No.196 of 2002, dated 30.09.2004.) 1. This Second Appeal has been filed by the defendant in the suit in O.S.No.196 of 2002 on the file of the Additional District Munsif Court, Padmanabhapuram. 2. The respondent herein filed a suit in O.S.No.196 of 2002 praying for a decree of permanent injunction restraining the defendant from recovering a sum of Rs.6,925/- from the plaintiff being the arrears of salary earlier that had been paid by the defendant to the plaintiff and also for enabling the plaintiff to recover the arrears from the defendant who had stopped the payment of salary namely a sum of Rs.300/- with effect from 01.05.2001. 3. The suit was resisted by the defenda...
Tag this Judgment!The Divisional Manager, The Oriental Insurance Company Limited, Sivaka ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No.11 of 2013, dated 09.12.2013, on the file of the Motor Accidents Claims Tribunal-cum-Subordinate Judge, Aruppukottai.) 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.758 of 2014, challenging the award passed inMCOP.No.11 of 2013, dated 09.12.2013, on the file of the Motor Accidents Claims Tribunal-cum-Subordinate Judge, Aruppukottai. 2. It is a case of a fatal accident caused in the accident took place on 11.06.2012 around 6.00 p.m. near Arupukkottai to Palayamkottai Road. The motorcycle insured with the Insurance Company bearing Registration No.TN67-AD-6958 driving in rash and negligent manner and dashed against the deceased, resulted grievous injuries causing death in the hospital on 17.06.2012. The deceased person was aged about 59 years and he was a owner of the Hotel business and subsequently shifted his business as land br...
Tag this Judgment!S. Chinnazhagan Vs. The District Collector, Madurai District and Other ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorari, calling for the records relating to the proceedings of the Impugned notification in Na.Ka.No.345/2016-mineral dated 01.08.2016 published in the Madurai District Gazette dated 02.08.2016, on the file of the first respondent and quash the same.) Order: M.V. Muralidaran, J. 1. This writ petition has been filed as public interest writ petition for issuance of Writ of Certiorari calling for the records relating to the proceedings of the impugned Notification in Na.Ka.No.345/ 2016 Mineral dated 01-08-2016 published in the Madurai District Gazette dated 2.8.16 on the file of the first respondent and quash the same. 2. The Petitioner has come with the writ petition as public interest litigation challenging the impugned notification issued by the first respondent to issue license to quarry stone in the unassessed waste land belong to the Government situated in S.No.418, Mettupatti...
Tag this Judgment!A. Ramachandran Vs. Subbammal @ Subbu Laxshmi and Others
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer:Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the Judgement and Decree dated 25.04.2016 passed in A.S.No.32 of 2015 on the file of the Principal District Judge, Dindigul District, Dindigul, confirming the Judgment and Decree dated 28.11.2014 passed in O.S.No.61 of 2001 on the file of the Second Additional Subordinate Judge, Dindigul.) 1. The first defendant in the suit in O.S.No.61 of 2001 on the file of the Second Additional Sub-Court, Dindigul, is the appellant before this Court. 2. The respondents 1 and 2 herein are the plaintiffs and filed a suit in O.S.No.61 of 2001 for partition of their 2/7 share in all the suit properties. The suit properties consist of 30 items. Items 1 to 4 are in Kollapatti Village. Items 5 to 13 are in Madoor Village in Dindigul District. 3. The case of the plaintiffs, as stated in the plaint are as follows:- The suit properties belong to one Alagappa Chettiar, who is the husband of the first plaintiff and father...
Tag this Judgment!National Insurance Co. Ltd., Rep. by its Branch Manager, Agastheeswara ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 01.09.2005 made in M.C.O.P.No.85 of 2002 on the file of the Motor Accident Claims Tribunal, I Additional Subordinate Judge, Nagercoil.) 1. The appellant/National Insurance Company Ltd., filed the present C.M.A.No.541 of 2006, challenging the award passed in M.C.O.P.No.85 of 2002 by the Motor Accidents Claims Tribunal/I Additional Subordinate Judge, Nagercoil. 2.It is a case of injury caused on account of the accident took place at about 3.30 p.m. on 13.04.2001 near Naidu Hospital, Edalakudi at Suchindrum to Nagercoil Main Road. The 1st respondent/claimant filed M.C.O.P.No.85 of 2002 before the Motor Accident Claims Tribunal cum I Additional Subordinate Judge, Nagercoil. Considering the facts and circumstances of the case, the Tribunal awarded Rs.3,75,000/- towards the compensation. Challenging the same, the appellant Insurance Company preferred this Civil Mi...
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