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Chennai Court November 2016 Judgments

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Nov 16 2016

K. Vijayan Vs. N. Mohandhas and Others

Court: Chennai Madurai

Decided on: Nov-16-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 29.06.2005 made in M.C.O.P.No.113 of 2004 on the file of the I Additional Judge, Motor Accidents Claim Tribunal at Nagercoil.) Judgment: S.M. Subramaniam. J 1. When the matter was taken up for hearing on 15.11.2016, there was no representation for the appellant either in person or through counsel. Hence, the matter was directed to be listed today under the caption for dismissal . Even today also there is no representation for the appellant. But, the learned counsel for the respondents are present. Hence, the Civil miscellaneous appeal is dismissed for non-prosecution. No costs....


Nov 16 2016

Dhanushkodi Vs. Renugopal

Court: Chennai Madurai

Decided on: Nov-16-2016

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 31.03.2000, made in A.S.No.80 of 1999 on the file of the Additional District Court, Dindigul, reversing the judgment and decree, dated 07.08.1998, made in O.S.No.127 of 1996, on the file of the District Munsif-cum-Judicial Magistrate Court, Vedasandhur. Prayer:-Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 31.03.2000, made in A.S.No.82 of 1999 on the file of the Additional District Court, Dindigul, reversing the judgment and decree, dated 07.08.1998, made in O.S.No.130 of 1996, on the file of the District Munsif-cum-Judicial Magistrate Court, Vedasandhur.) 1. These Second Appeals have been filed against the judgment and decree dated 31.03.2000, made in A.S.Nos.80 and 82 of 1999 on the file of the Additional District Court, Dindigul, reversing the judgment and decree, dated 07.08.1998, made in O.S.Nos.127 and 130 of 19...


Nov 16 2016

R. Naganathan Vs. The District Collector, Ramanathapuram, Ramanathapur ...

Court: Chennai Madurai

Decided on: Nov-16-2016

(Prayer: Writ Petitionis filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent pertaining to the impugned order, vide Na.Ka.A/124/2015, dated 12.03.2015 and quash the same and to direct the 1st and 2nd respondents to provide necessary and sufficient protection to enjoy the property assigned to the beneficiaries comprised in Survey No.165/1, Naganenthal Village, Thiruvadanai Taluk, Ramanathapuram District, without any fear or threat from any quarter.) S. Nagamuthu, J. 1. The petitioner has come up with this Writ Petition by way of a Public Interest Litigation, challenging the show cause notice issued by the second respondent, dated 12.03.2015, wherein he has issued notice to one Mr.Uzhagan calling upon him to explain as to why patta granted to him earlier in respect of Survey No.165/1 at Uppur Group, Naganenthal Village, Thiruvadanai Taluk, Ramanathapuram District, could not be cancelled. It is seen...


Nov 16 2016

Manikandan Vs. State Rep. by the Inspector of Police, Thoothukudi Dist ...

Court: Chennai Madurai

Decided on: Nov-16-2016

(Prayer:Criminal Appeal has been filed under Section 374 of Cr.P.C. against the judgment, dated 02.03.2016 made in S.C.No.18 of 2014, by the Sessions cum Mahalir Neethimandram (Fast Track Mahila Court), Tuticorin.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.18 of 2014 on the file of the Sessions cum Fast Track Mahila Court, Thoothukudi. He stood charged for the offences under Sections 302, 397, and 201 r/w 511 IPC. By judgment dated 02.03.2016, the trial Court convicted him under all the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for one year for the offence under Section 302 IPC; to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for one year for the offence under Section 397 IPC and to undergo rigorous imprisonment for four years and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprison...


Nov 16 2016

Kuppan Vs. Managing Director Karnataka State Transport Corpn. Ltd., Ba ...

Court: Chennai

Decided on: Nov-16-2016

(Prayer: Memorandum of Grounds of Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 13.08.2012 made in M.C.O.P.No.81 of 2011 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Hosur, Krishnagiri.) 1. This civil miscellaneous appeal has been brought by the legal heirs of the deceased seeking enhancement of the award amount of Rs.18,05,496/- together with interest at the rate of 7.5% per annum granted in M.C.O.P.No.81 of 2011 by the Motor Accident Claims Tribunal, Subordinate Judge, Hosur, Krishnagiri. 2. Mr.Pa.Sudesh Kumar, learned counsel for the appellants submitted that when the breadwinner Mr.K.Saravanan (since deceased) was serving as Operator in M/s Thai Summit Neel Auto Private Limited, Haritha Industrial Complex, Hosur, to attend his duty, he was riding the Hero Honda motorcycle bearing Registration No.TN 70 A 1820 from Hosur to the said company along with his friend Mr.Ramdas as pillion-rider on 24...


Nov 16 2016

P. Regina Sundari Vs. C. Veilumuthu

Court: Chennai Madurai

Decided on: Nov-16-2016

(Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw the case in H.M.O.P.No.29 of 2010 on the file of the Subordinate Court, Kovilpatti and to transfer the same to the file of the Principal Subordinate Court, Nagercoil.) Order: S.M. Subramaniam, J. 1. The learned counsel appearing for the petitioner seeks permission of this Court to withdraw the petition and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel appearing for the petitioner, the Transfer Civil Miscellaneous Appeal is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is also dismissed....


Nov 16 2016

National Insurance Company Ltd. Vs. Meenakshi and Others

Court: Chennai Madurai

Decided on: Nov-16-2016

(Prayer:-Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the order dated 16.09.2011 made in M.C.O.P.No.507 of 2006 on the file of the Motor Accident Claims Tribunal (III Additional Subordinate Judge) Madurai.) Common Judgment 1. The appellant Insurance Company has preferred the present civil miscellaneous appeals challenging the common award passed in M.C.O.P.Nos.507 and 508 of 2006, dated 16.09.2011 on the file of the Motor Accident Claims Tribunal (III Additional Subordinate Judge) Madurai. 2. It is the case of injury caused due to the accident took place on 13.01.2005 at 2.15 p.m. At Madurai-Thathaneri Main Road. The injured/victims filed two petitions in M.C.O.P.Nos. 507 and 508 of 2006 seeking compensation before the Motor Accident Claims Tribunal (III Additional Subordinate Judge) Madurai stating that she sustained compound fracture on right radius and right forearm and abrasion injuries on both legs. Considering the facts and circumstan...


Nov 16 2016

The National Insurance Company Limited, S.N.M.R. Rasi Plaza, Karur Vs. ...

Court: Chennai Madurai

Decided on: Nov-16-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the order and decretal order dated 29.09.2004 made in M.C.O.P.No.336 of 2003 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Karur.) Judgment: 1. The appellant/National Insurance Company Ltd., filed the present civil miscellaneous appeal, challenging the award passed in M.C.O.P.No.336 of 2003 dated 29.09.2004 by the Motor Accident Claims Tribunal (Subordinate Judge), Karur. 2. It is the case of injury caused due to the accident that took place on 18.01.2003 at about 15.30. hours near Puliyur - Uppidamangalam Road. The injured/victim, who was 6 year old girl, represented by her father and natural guardian Periasamy, filed a claim petition seeking compensation before the Motor Accident Claims Tribunal (Subordinate Judge), Karur and the Tribunal, considering the facts and circumstances of the case, awarded a sum of Rs.1,87,700/- as total compensation, against which, t...


Nov 16 2016

N.P.M. Krishnan Vs. The Government of Tamil Nadu, rep. by the Principa ...

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 forbear the respondent No.9 from planting, growing or maintaining any Eucalyptus plant in the land property situated in Survey Nos.401/1, 353, 356, 359, 306/2, 419, 351, 360/1, 361/1, 361/3, 361/4, 401/3, 363/1, 363/3, 365, 366, 367, 368, 369, 370, 371, 373, 374, 376, 377, 379, 379/2, 382/A, 383/1, 383/3, 384/1, 387 to 399, 400/1, 400/3, 401/1, 402/3, 403, 404, 405/1, 405/2, 406/1, 406/3, 407/1, 407/3, 408/1, 408/3, 409/1, 409/3, 410, 411, 412, 413, 414, 415, 416, 417, 418/1, 418/3, 420, 421, 422, 423, 423/3, 424/1, 424/3, 425, 427, 428, 430, 431, 432 of Patta No.91 an Survey Numbers 337/2, 338, 339, 341, 343/2,344/1, 327, 318, 321, 322, 323/1, 323/3, 324/1, 324/2, 325/1, 325/3, 325/5, 326/1, 326/3, 328A, 328B, 329, 329/1, 329/3, 331/1, 331/3, 332, 333/1, 333/3, 335, 336, 346/1, 346/2, 346/3, 348/1A, 348/1B, 348/1L, 348/1M, 348/1P, 348/1S, 348/3, 349 of Patta No.306 in an exte...


Nov 16 2016

M. Bennet Mony Vs. The Branch Manager, Syndicate Bank, Karungal Branch ...

Court: Chennai Madurai

Decided on: Nov-16-2016

(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent not to evict the petitioner from the dwelling house situated at Door No.5/55H, Old Survey No.1891 and 1890/1, Resurvey No.226/6 and 226/7, situated at Ilanthavilai, Kilamidalam village, Vilavancode, Krungal Sub-Regn District, Kanyakumari Registration District by virtue of the Lok Adalat settlement dated 11.10.2010 and consequently direct the respondent the respondent to grant time for repayement of the petitioner educational loan in A/c 61817220000154 and to pass such further or other orders.) Order: M. Govindaraj, J. 1. Learned counsel appearing for the petitioner seeks permission of this court to withdraw this writ petition and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is a...


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