Chennai Court November 2016 Judgments
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United India Insurance Company Ltd., Through its Branch Manager, Madur ...
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 17.04.2006 passed in MACOP No.236 of 2003 on the file of the learned Principal District Judge, Motor Accidents Claims Tribunal, Fast Track Court, Dindigul.) 1. Challenging the Judgment and Decree passed by the learned Principal District Judge, Motor Accidents Claims Tribunal, Fast Track Court, Dindigul, in MACOP No.236 of 2003, dated 17.04.2006, this Civil Miscellaneous Appeal has been filed. 2. It is a case of fatal accident caused due to the accident took place on 10.10.2002, at about 6.00 a.m., on Dindigul-Palani road near Ottanchathiram Check-post. The death occurred instantly and the legal heirs of the deceased Senthilkumar filed a claim petition seeking compensation before the Motor Accidents Claims Tribunal, Dindigul. 3. The Tribunal, after considering the facts and circumstances of the case and granted Rs.2,94,000/- towards total compensation. Challe...
The Tamil Nadu State Transport Corporation (Madurai) Ltd. Rep. by its ...
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the Respondents to pay the terminal benefits amount payable to the petitioner including Provident Fund, Gratuity, Commuted Value of Pension, Unavailed Leave Salary, Service Surrender Leave salary and Dearness Allowance arrears together with 18% interest from the date of his retirement i.e. 31.05.2016 to till the date of payment and all other attendant benefits to the petitioner within the stipulated period.) 1. The petitioner was employed as Special Grade Driver in the respondents Corporation and he retired from service on 31.05.2016 on attaining the age of superannuation. 2. He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits. 3. The First Bench of this Court in similar matter has passed an order dated 12.06.2015 in W.A.(MD) Nos.383 to 457 of 2015, issuing direction to the transport Corporations to settl...
S. Krishnamoorthy and Another Vs. Pandian and Others
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer: Appeal Suit is filed under Order XLI r/w Section 96 of C.P.C against the judgment and decree passed in O.S.No.40 of 2014 on the file of the II Additional District and Sessions Judge, Thanjavur dated 21.07.2015.) M. Sathyanarayanan, J.) 1. By consent, the Appeal Suit is taken up for final disposal. 2. The plaintiffs are appellants. They filed a suit in O.S.No.40 of 2014 on the file of the II Additional District and Sessions Judge, Thanjavur, praying for partition and separate possession of their 2/5th share and other consequential reliefs. The appellants/plaintiffs would aver among other things that the suit properties originally belong to their mother, namely, Dhanalakshmi and she executed a registered settlement in favour of her husband and father of the plaintiffs, namely, Saminathan. The plaintiffs would further aver that their father was a hard worker and earned a lot of money and from his earning he purchased properties in favour of his sons in the following manner. The s...
T. Wills Vs. The State of Tamil Nadu, Rep by its Secretary, Department ...
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 4th respondent herein in O.Mu.No.6147/A2/2016 dated 13.10.2016, quash the same and further direct the 4th respondent herein to approve the appointment of the petitioner as B.T Assistant (Science) in the 5th respondent school from 04.10.2012 onwards with salary and other attendant benefits without insisting pass in ''Teacher Eligibility Test''.) 1. This Writ of Certiorarified Mandamus has been filed, to quash the order passed by the 4th respondent in O.Mu.No.6147/A2/2016, dated 13.10.2016, with a consequential direction to the 4th respondent to approve the appointment of the petitioner as B.T Assistant (Science) in the 5th respondent school from 04.10.2012 onwards with salary and other attendant benefits without insisting upon the qualification of pass in Teacher Eligibility Test....
K. Nazir Ahamed and Another Vs. The Commissioner, Tiruchirappalli Muni ...
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, direction, directing the Respondents 1 to 3 to initiate an appropriate severe action against the 5th Respondent and demolish the entire constructions made by the 5th Respondent which are made without obtaining planning permission in respect of T.S.No.51, Ward No.G (P), Block:6, Door No.29, Kilaydar Street, Srirangam Zone, Tiruchirappalli by implementing the order of the 3rd Respondent dated 09.07.2014 vide F/1/Thi A 28/2014 and final order dated 07.08.2014 vide F1/Thi A/28/2014. Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in its impugned proceeding in Na.Ka.No.219/2015 thi u thi ku 2 dated 11.04.2016 and the consequential proceeding of the 3rd respondent in F1/thi.A.ka.A.En.28/2014/sri dated 21.07.2016 and quash the same and consequently restrain the r...
Parameswari and Others Vs. D.S. Senthivel and Anothers
Court: Chennai
Decided on: Nov-16-2016
(Prayer: C.M.A.No.183 of 2014 is filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 07.09.2011, made in MCOP.No.296 of 2008, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.1, Chennai.) 1. This appeal is preferred by the appellants/claimants against the award dated 07.09.2011, made in MCOP.No.296 of 2008, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.1, Chennai, in and by which, the Tribunal has awarded a sum of Rs.5,00,000/- for the death of one Anbalagan / sole breadwinner of the claimants' family. 2. On 28.07.2006 at about 14.30 hrs., while the deceased was crossing the Ulundurpet Chennai National Highways, opposite to Periyakuppam bus stand, Villupuram Distirct, a lorry bearing Registration No.TN-58-B-2989 belonging to the first respondent and insured with the second respondent Insurance Company, driven by its driver in a rash and negligent manner, dashed against the deceased, as a result, he died on the ...
Sundara Desikachariyar Vs. Sri Sarangapani Koil, Kumbakonam, Rep. by i ...
Court: Chennai Madurai
Decided on: Nov-16-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, praying to set aside the judgment and decree dated 24.09.2010 made in A.S.No.91 of 2008 on the file of the Principal Subordinate Judge, Kumbakonam, insofar as they are against the appellant, modifying the judgment and decree of the Trial Court dated 30.06.2008 made in O.S.No.110 of 2007 on the file of the II Additional District Munsif-cum-Judicial Magistrate, Kumbakonam and to allow the Second Appeal.) Judgment: 1. The plaintiff in the suit in O.S.No.110 of 2007 on the file of the Second Additional District Munsif Court, Kumbakonam, is the appellant in this Second Appeal. The suit in O.S.No.110 of 2007 is for declaration that the plaintiff is still the Archakar of Azhvar and Thesikar Sannathi in the defendant temple, Kumbakonam, and for directing the defendant to pay of a sum of Rs.19,400/-, due to the plaintiff as arrears of salary for the period from 01.01.2005 to 15.02.2007. 2. The brief facts, as set out in the...
Visalakshi and Another Vs. S. Kalyani and Another
Court: Chennai Madurai
Decided on: Nov-16-2016
(Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24(b)(ii) of Code of Civil Procedure to withdraw the suit in O.S.No.1496 of 1993 from the file of the III Additional Subordinate Judge, Madurai, and transfer the same to the file of the Principal District Judge, Dindigul. Transfer Civil Miscellaneous Petition is filed under Section 24(b)(ii) of Code of Civil Procedure to withdraw the suit in O.S.No.331 of 2005 from the file of the III Additional Subordinate Judge, Madurai, and transfer the same to the file of the Principal District Judge, Dindigul. Transfer Civil Miscellaneous Petition is filed under Section 24(b)(ii) of Code of Civil Procedure to withdraw the suit in O.S.No.1742 of 2006 from the file of the Additional District Munsif, Madura Towni, and transfer the same to the file of the Principal District Judge, Dindigul.) Common Order 1. The present Transfer Civil Miscellaneous Petitions are filed to transfer O.S.No.1496 of 1993 and 331 of 2005 pending on the fil...
The National Insurance Company Limited Vs. K. Nallusamy and Another
Court: Chennai Madurai
Decided on: Nov-16-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the fair and decretal order dated 30.09.2005 made in M.C.O.P.No.491 of 2002 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Srivilliputhur.) 1. The appellant/National Insurance Company Limited filed the present civil miscellaneous appeal, challenging the award passed in M.C.O.P.No. 491 of 2002 dated 30.09.2005 by the Motor Accidents Claims Tribunal (Subordinate Judge), Srivilliputhur. 2. It is the case of injury caused due to the accident that took place on 07.09.2002 at about 10.15 a.m on Rajapalayam Tenkasi Main Road. The injured/victim filed a claim petition seeking compensation of Rs.5,00,000/- before the Motor Accidents Claims Tribunal (Subordinate Judge), Srivilliputhur. Considering the facts and circumstances of the case, the Tribunal awarded a sum of Rs.50,000/- as total compensation with interest at 7.5% interest The appellant/National Insurance Company Li...
P. Saravanan Vs. The secretary, Ministry of Finance, Department of Eco ...
Court: Chennai Madurai
Decided on: Nov-16-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent Nos.4, 9 to 15 to conduct investigation and take necessary actions on the functioning of the entire private financing, mortgaging and pledging establishments and their illegal auctions of the mortgaged goods and consequently direct the respondent Nos.1 to 3 and 5 to 8 to issue appropriate directions to entire private financing, mortgaging and pledging establishments to regulate public auctions conducted for the mortgaged and pledged goods as per the directions of the respective jurisdictional civil courts in the State of Tamil Nadu and Puducherry.) S. Nagamuthu, J. 1. The petitioner has come up with this Writ Petition as a Public Interest Litigation seeking a direction to the respondent Nos.4, 9 to 15 to conduct investigation and take necessary action on the functioning of the entire private financing, mortgaging and pledging establishments and their ille...
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