Chennai Court November 2016 Judgments
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Jayapal and Others Vs. Jayaraman
Court: Chennai
Decided on: Nov-16-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order passed in I.A.No.39 of 2013 in A.S.No.26 of 2012 dated 08.11.2013 on the file of the Sub Court, Tirupattur, Vellore District.) 1. Challenging the fair and final order passed in I.A.No.39 of 2013 in A.S.No.26 of 2012 on the file of the Subordinate Court, Tirupattur, the appellants, who are the defendants in O.S.No.129 of 2006 on the file of the District Munsif Court, Tirupattur, have filed the above Civil Revision Petition. 2. The respondent/plaintiff filed the suit in O.S.No.129 of 2006 for declaration and permanent injunction. 3. Before the trial Court, an Advocate Commissioner was appointed and the Advocate Commissioner also inspected the property and filed his report. However, the petitioners did not file any objections to the Commissioner's report. 4. After taking into consideration the oral and documentary evidences let in by the parties, the trial Court decre...
The New India Assurance Company Limited, Rep. by its Branch Manager, P ...
Court: Chennai Madurai
Decided on: Nov-16-2016
1. The appellant/New India Assurance Company Limited filed the present civil miscellaneous appeal, challenging the award M.A.C.T.O.P.No.2055 of 1997 dated 18.06.2004 on the file of the Motor Accident Claims Tribunal (I Additional District Judge (P.C.R.), Triruchirapalli. 2. It is an unfortunate case of fatal accident caused due to the accident took place on 12.08.1996 and the legal heirs of the deceased filed a claim petition in M.A.C.T.O.P.No.2055 of 1997 before the Motor Accident Claims Tribunal (I Additional District Judge (P.C.R.), Triruchirapalli. The Tribunal, considering the facts and circumstances of the case, awarded a sum of Rs.3,25,000/- as total compensation with interest @9% per annum, against which, the New India Assurance Company Limited has preferred the present appeal, on the ground that the the Tribunal failed to deduct 1/3rd of the personal expenses and therefore, the award has to be modified to that extent. 3. This Court had gone into the findings of the Tribunal an...
P. Balakrishnan Vs. Symala and Another
Court: Chennai Madurai
Decided on: Nov-16-2016
(Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw M.C.No.104 of 2015 pending on the file of Family Court, Madurai and to transfer the same to the file of Family Court, Trichy to be tried along with H.M.O.P.No.297 of 2015 pending in that Court.) 1. The marriage between the petitioner and 1st respondent has been solemnized on 04.04.2007 as per the Hindu rites and customs at Madurai. Due to strained relationship between the parties, the 1st respondent left the matrimonial home and now she is living separately along with their daughter, the second respondent. 2. The contention of the petitioner is that the petitioner filed H.M.O.P.No.489 of 2014 before the Family Court, Vellore for divorce and the 1st respondent/wife filed Tr.C.M.P.No.533 of 2014 before the High Court of Madras, Principal Seat and by the order High Court of Madras, Principal Seat dated 10.06.2015, the said petition was allowed and H.M.O.P.No.489 of 2014 was transfe...
The Divisional Manager, The United India Insurance Co., Ltd. Tirunelve ...
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 10.08.2011 made in M.C.O.P.No.45 of 2009 on the file of the Motor Accident Claims Tribunal, Additional District Judge, Fast Track Court No.1, Thoothukudi.) Judgment: 1. The appellant/United Insurance Company Ltd., filed the present C.M.A.(MD)No.1414 of 2011, challenging the award passed in M.C.O.P.No.45 of 2009 by the Motor Accidents Claims Tribunal/ Additional District Judge, Fast Track Court No.1, Thoothukudi. 2. The facts in nutshell is that the accident took place at about 10.30 a.m. on 03.10.2008 near J.P.R. Oil Stoes, Main Bazaar Road, Sawyerpuram, in which the 1st respondent/claimant sustained injuries. The claimant filed application seeking compensation before the Motor Accident Claims Tribunal, Additional District Judge, Fast Track Court No.1, Thoothukudi and the Tribunal considering the facts and circumstances of the case awarded Rs.1,54,460/- towar...
Manager, The New India Assurance Company Limited, Madurai Vs. Bavanara ...
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 17.11.2005 made in M.C.O.P.No.578 of 2004 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.578 of 2004 dated 17.11.2005 by the Motor Accidents Claims Subordinate Judge, Karur. 2. It is the case of injury caused due to the accident that took place on 28.03.2004 at about 9.30 a.m near Madurai to Salem Main Road. The claimant/victim filed a claim petition seeking compensation of Rs.5,00,000/- before the Subordinate Judge, Karur. Considering the facts and circumstances of the case and the documents produced before the trial Court, the trial Court awarded a sum of Rs.4,86,000/- as total compensation. 3. The appellant/New India Assurance Company Limited preferred the appeal mainly on the g...
G. Kanniappan Vs. Saroja
Court: Chennai
Decided on: Nov-16-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1984 against the judgment and decree in F.C.O.P.No.1046 of 2001 and F.C.O.P.No. 1099 of 2004 respectively dated 18.09.2009 on the file of Principal Judge, Family Court, Chennai.) Common Judgment: K. Ravichandrabaabu, J. C.M.A.No.3366 of 2009 is filed against the order of the Family Court, dismissing the divorce petition filed by the appellant/husband against the respondent/wife. C.M.A.No.3367 of 2009 is filed by the appellant/husband against the order made in F.C.O.P.No.1099 of 2004 allowing the application filed by the respondent/ wife for restitution of conjugal rights. 2. The parties to the litigation namely, husband and wife have gone before the Family Court and made their rival allegations, one by the husband seeking for divorce and the other by the wife seeking for restitution of conjugal rights. The allegations and counter allegations in both the proceedings are almost one and the same. 3. The c...
N.S. Ramraj Vs. Government of Tamil Nadu, rep. by its Secretary to Gov ...
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 Mandamus, to direct the respondents to take concerted effort to repair and properly maintain the National Highways No.208, at Gandhji Roundana Junction near Rajapalayam Maternity Hospital within a reasonable time period to be fixed by this Hon'ble Court so that it will not cause any hindrance or hardship to the road users or General Public of Rajapalayam.) S. Nagamuthu, J. 1. The petitioner has come up with this Writ Petition seeking a direction to the respondents to take concerted effort to repair the National Highways No.208, at Gandhji Roundana Junction near Rajapalayam Maternity Hospital within a reasonable time. 2.Today, when the matter was taken up for hearing, the learned Government Advocate appearing for the official respondents submitted that the respondent has already repaired and laid road at the site in question. The said statement is recorded. 3. In view of the same, this Writ ...
Koodal Vs. Rukmani
Court: Chennai Madurai
Decided on: Nov-16-2016
(Prayer: Civil Miscellaneous Second Appeal filed under Section 28 of Hindou Marriage Act r/w 100 of the Code of Civil Procedure against the Judgment and Decree dated 10.11.2010 passed in H.M.C.M.A.No.2 of 2010 on the file of the learned Additional District Judge, (Fast Track Judge), Virudhunagar reversing the judgment and decretal order dated 08.07.2009 passed in H.M.O.P.No.73 of 2006 on the file of the Subordinate Judge, Virudhunagar.) S.M. Subramaniam,J. Judgment: 1. The learned counsel for the appellant filed a Memo dated 15.09.2016 stating that the sole respondent died on 25.04.2015 and hence, nothing survives in this appeal. 2. Recording the Memo dated 15.09.2016, the civil miscellaneous second appeal is closed. No costs. The facts in nutshell is that the accident took place at about 06.30 p.m. on 01.01.2005 at Singathakurichi Kasilingapuram Main Road near Singathakurichi and it is a case of injury. The claimant filed M.C.O.P.No.339 of 2004 before the Motor Accidents Claims Tribun...
Velammal Vs. The Principal Secretary to Government, Home, Prohibition ...
Court: Chennai Madurai
Decided on: Nov-16-2016
(Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to call for the entire records connected with the detention order of the 2nd respondent in M.H.S.Confdl.No.40 of 2016, dated 31.03.2016 and quash the same and direct the respondents to produce the detenu by name Esakkiraja, S/o.Radhakrishnan, aged about 23 years, now detained in Palayamkottai Central Prison before this Hon'ble Court and set him at liberty forthwith.) S. Nagamuthu, J. 1. The petitioner is the mother of the detenu viz., Mr.Esakkiraja, S/o.Radhakrishnan, aged about 23 years. The detenu has been detained, as per the order of the second respondent, dated 31.03.2016, under Section 2(f) of the Tamilnadu Act 14 of 1982, branding him as Goonda . Challenging the same, the petitioner has come up with this Habeas Corpus Petition. 2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We hav...
C. Muthuvali Vs. The Principal Secretary to Government, Home Prohibiti ...
Court: Chennai Madurai
Decided on: Nov-16-2016
(Prayer:Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to call for the records relating to the detention order passed by the 2nd respondent in his proceedings in M.H.S.Confdl.No.61 of 2016 dated 28.05.2016 and to quash the same and direct the respondents to produce the body of the detenu, Immanuel S/o.Muthavali, aged 34 years before this Court and set him at liberty, now detained at Central Prison, Palayamkottai, Tirunelveli District.) S. Nagamuthu, J. The petitioner is the father of the detenu viz., Mr.Immanuel, aged about 34 years. The detenu has been detained, as per the order of the second respondent, dated 28.05.2016, under Section 2(f) of the Tamilnadu Act 14 of 1982, branding him as Goonda . Challenging the same, the petitioner has come up with this Habeas Corpus Petition. 2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We have also per...
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