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Chennai Court November 2016 Judgments

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Nov 16 2016

A.P.T. Mahendran B.A., B.L. Advocate, Madurai Vs. The Secretary TN Spl ...

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 Certiorari, to call for the records relating to the Gold ornaments auction notice of the respondents in respect to the Loan No.21 and 97 of the respondents society dated 09.06.2009 and quash the same as illegal.) 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 In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn.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 petitions are also dismissed....


Nov 16 2016

Ravichandran Vs. Sundara Kumar and Others

Court: Chennai Madurai

Decided on: Nov-16-2016

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decretal order dated 08.01.2016 passed in I.A.No.92 of 2015 in O.S.No.61 of 2013 on the file of the I Additional District and Sessions Judge, Thoothukudi.) The civil revision petition arises against the order dated 08.01.2016 passed in I.A.No.92 of 2015 in O.S.No.61 of 2013 on the file of the I Additional District and Sessions Judge, Thoothukudi. 2. According to the petitioner, the respondents filed a suit in O.S.No.61 of 2013 before the learned I Additional District and Sessions Judge, Thoothukudi for the relief of partition on the basis of a Will dated 07.12.1976. In the above said suit, the petitioner paid witness batta to the 1st plaintiff to examine his as defendant's side witness. But, the trial Court on 12.11.2014 refused to permit the petitioner to summon the 1st plaintiff. Aggrieved against the said order, the petitioner filed C.R.P.(MD) No.265 of 2015 before thi...


Nov 16 2016

M. Saravanan Vs. The Registrar, CAT, Chennai Bench, Chennai and Others

Court: Chennai

Decided on: Nov-16-2016

(Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of certiorari calling for the records pertaining to the order passed by the Central Administrative Tribunal, Madras Bench in O.A.No.1416 of 2010 dated 27-11-2012 and quash the same.) 1. This review application has been directed against the order dated 23-06-2016 passed in W.P.No.23409 of 2013 by this Court. 2. The review applicant, as petitioner has filed W.P.No.23409 of 2016 on the file of this Court under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the order passed in O.A.No.1416 of 2010 dated 27-11-2012 by the Central Administrative Tribunal and quash the same, wherein the present respondents have been arrayed as respondent. 3. The material averments made in the writ petition are that the petitioner has sought selection to the post of Chargeman (T and M), on the basis of Limited Departmental Competitive Examination held on 2...


Nov 16 2016

Dr. C. Muralidharan Vs. A. Swarnalatha

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 Common Judgment and Decree dated 05.02.2010 passed in H.M.C.M.A.No.55 of 2006 on the file of the learned I Additional District Judge, Tirunelveli by reversing the common order and decretal order dated 23.03.2006 passed in H.M.O.P.No.69 of 2005 on the file of the I Additional Subordinate Judge, Tirunelveli.) S.M. Subramaniam, J. Judgment: 1. It is represented by Mr. Mithun, learned counsel for the appellant that the sole appellant died and therefore, the civil miscellaneous second appeal may be dismissed as abated. 2. In view of the submission made by the learned counsel for the appellant, the civil miscellaneous second appeal is dismissed as abated. 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 claiman...


Nov 16 2016

Ilayaraja @ Rocket Raja @ Raja and Another Vs. The Principal Secretary ...

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 Cr.M.P.No.08/D.O/2016, dated 07.04.2016 and quash the same and direct the respondents to produce the detenu by name Ilayaraja @ Rocket Raja @ Raja, S/o.Gopal, aged about 30 years, now detained in Madurai Central Prison before this Hon'ble Court and set him at liberty forthwith.) S. Nagamuthu, J. 1. The petitioner is the detenu viz., Ilayaraja @ Rocket Raja @ Raja, S/o.Gopal, aged about 30 years. The detenu has been detained, as per the order of the second respondent, dated 07.04.2016, under Section 2(e) of the Tamilnadu Act 14 of 1982, branding him as Drug Offender . 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 ...


Nov 16 2016

M. Kadambavanam Vs. P. Suresh 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 judgment and decree passed in M.C.O.P.No.320 of 2003 dated 08.10.2007 on the file of the Motor Accident Claims Tribunal (IV Additional Sub Court), Cuddalore.) 1. The present Civil Miscellaneous Appeal has been filed to set aside the judgment and decree passed in M.C.O.P.No.320 of 2003 dated 08.10.2007 on the file of the Motor Accident Claims Tribunal (IV Additional Sub Court), Cuddalore. 2. It is the case of injury caused due to the accident that took place on 10.01.2003 about 10.00 p.m in Madurai New Jail Road near Central Prison. The appellant/claimant sustained grievous injury and fracture in his right leg and injury over the right hand elbow and other injuries all over the body. The claimant/victim filed a claim petition in M.C.O.P.No.320 of 2003 before the Motor Accident Claims Tribunal/IV Additional Sub Court, Madurai and the Tribunal, considering the facts and circumstances o...


Nov 16 2016

Rengarajan (Died) and Others 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.79 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.126 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.81 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.128 of 1996, on the file of the District Munsif-cum-Judicial Magistrate Court, Vedasandhur.) Common Judgment: 1. These Second Appeals have been filed against the judgment and decree dated 31.03.2000, made in A.S.Nos.79 and 81 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.1...


Nov 16 2016

N. Subbarayan Vs. The Manager, Life Insurance Corporation of India, Di ...

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 directing the respondents to calculate the bonus for a sum of Rs.2,31,300/- and settle the same along with interest and cost within time frame as may be fixed by this Court.) Order: 1. This writ petition has been filed seeking for a direction to the respondents to calculate the bonus for a sum of Rs.2,31,300/- and settle the same along with interest and cost. 2. The petitioner took a policy from the respondent Insurance Corporation for a sum of Rs.2,00,000/- vide Policy No.752962949. The policy commenced on 26.04.2002 and maturity date is 28.04.2012. The sum assured was Rs.2,00,000/- and on maturity including the bonus come around Rs.2,71,200/-. The half yearly premium payable was Rs.11,565/-. 3. The writ petitioner has availed loan from the sum assured to the tune of Rs.1,75,000/-. When the amount was matured on 28.04.2012, the Insurance Company has offered to pay a sum of Rs.76,994/-...


Nov 16 2016

The Villupuram People's Mutual Benefit Society Limited, Rep. by its Se ...

Court: Chennai

Decided on: Nov-16-2016

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 18.11.2009 passed in A.S.No.3 of 2009 on the file of the Principal District Judge, Villupuram, modified the Judgment and Decree dated 29.02.2008 made in O.S.No.17 of 2006, on the file of the Principal Subordinate Judge, Villupuram.) 1. Impugning the judgment and decree dated 18.11.2009 passed in A.S.No.3 of 2009 on the file of the Principal District Court, Villupuram modifying the Judgement and decree dated 29.02.2008 made in O.S.No.17 of 2006 on the file of the Principal Subordinate Court, Villupuram, the plaintiff has come forward with the present second appeal. 2. The suit has been laid on a mortgage. 3. The plaintiff's case is that the defendants borrowed a sum of Rs.2,00,000/- from the plaintiff society and mortgaged the suit property agreeing to pay interest as incorporated in the mortgage deed dated 11.03.2003 and the principal with interest at 16.8% per annum is repa...


Nov 16 2016

M. Raja Vs. The Commissioner, Panchayat Union, Thirumayam Taluk and An ...

Court: Chennai Madurai

Decided on: Nov-16-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorari to call for the records pertaining to the notice in Na.Ka.1748/2016/A2 dated 04.11.2016 passed by the 1st respondent and quash the same.) M.V. Muralidaran, J. 1. This writ petition has been filed for issuance of Writ of Certiorari to call for the records pertaining to the notice in Na.Ka.1748/2016/A2 dated 04.11.2016 passed by the 1st respondent and quash the same. 2. The case of the petitioner is that the land situated in old S.No.62/4, new S.No.165 measuring to an extent of 80x27 feet in Yembal Village, Avudaiyarkoil Taluk, Pudukkottai District, was originally purchased by his grandmother viz., Amaravathy Ammal and his grandmother Amaravathy Ammal executed a registered mortgage deed dated 19.05.1939 in favour of one Chidhambaram Chettiar. The said Amaravathy ammal died in the year 1989 leaving behind her only son i.e. The father of the petitioner viz., Muthumanickam, wh...


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