Chennai Court November 2016 Judgments
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Gengusamy and Others Vs. Chrispinraj and Another
Court: Chennai Madurai
Decided on: Nov-16-2016
(Prayer: Review Application filed under Section 114 of the Code of Civil Procedure r/w Order 47 Rule 1 and 2 of C.P.C to review the judgment and decree passed in C.M.A.(MD).No.1602 of 2010 on the file of this Court.) Order: 1. The Review Application is filed to review the judgment and decree dated 4.1.2013 passed in C.M.A.(MD).No.1602 of 2010 on the file of this Court. 2. The learned counsel for the applicant mainly seeks review of the order on the ground that this Court ought to have looked into Ex.P.17 which shows that in the month of May, 2008 salary for a sum of Rs.4,194/- was granted for the period of 19.5.2008 to 31.05.2008 and a sum of Rs.10,000/- each was granted from the month of June to September and November 2008. 3. It is further argued that this Court had not properly appreciated the documents produced before the Tribunal while arriving at the conclusion in respect of fixation of salary. The receipt of the income of the deceased has been shown as Rs.4,194/- and a sum of Rs...
The Branch Manager, National Insurance Company Limited, Tenkasi Road, ...
Court: Chennai Madurai
Decided on: Nov-16-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, to set aside the judgement and decree dated 14/05/2014 made in MCOP.No.75 of 2012 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate/Virudhunagar at Srivilliputtur.) 1. The present Civil Miscellaneous Appeal has been filed to set aside the judgement and decree dated 14/05/2014 made in MCOP.No.75 of 2012 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate/Virudhunagar at Srivilliputtur. 2. It is the case of injury caused due to the accident took place on 13.06.2012 at 09.00 a.m near Rajapalayam Mudangiyar Road. The injured victim filed a claim petition in MCOP.No.75 of 2012 seeking compensation before the Motor Accident Claims Tribunal/Chief Judicial Magistrate/Virudhunagar and the Tribunal, by considering the facts and circumstances of the case, awarded Rs.1,67,000/- as total compensation with interest at 7.5% per annum and the appellant insurance company filed the presen...
The Branch Manager, United India Insurance Company Limited, Sivagangai ...
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 10.06.2005 passed in M.C.O.P.No.140 of 2003 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Sivagangai.) Judgment: 1. The appellant/United India Insurance Company Limited filed the present civil miscellaneous appeal, challenging the award passed in M.C.O.P.No. 140 of 2003 dated 10.06.2005 by the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Sivagangai. 2. It is the case of injury caused due to the accident that took place on 07.05.2003 at about 08.00. p.m near Baganeri Sivagangai Road. The injured/victim, filed a claim petition seeking compensation before the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Sivagangai. The Tribunal, considering the facts and circumstances of the case awarded a sum of Rs.1,40,000/- as total compensation, against which, the appellant United India Insurance Company Limited...
R. Palanichamy Vs. The District Collector, Pudukkottai District and Ot ...
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 forbear the respondents herein from in any laying any pathway from the middle portion of the B-Kulam Kanmoi, situated in Survey No.582, of Varpattu Village, Ponnamaravathi Taluk, Pudukkottai District and consequently direct the respondents to clean the above B Kulam Kanmoi so as to have free flow of water from the said Kanmoi to various agricultural fields within the time stipulated by this Court.) S. Nagamuthu, J. 1. The petitioner is an Ayyakatdhar, having irrigation right to draw water from B-Kulam Kanmoi, situated in Survey No.582 at Verpattu Village, Ponnamaravathi Taluk, Pudukkottai District. 2. The grievance of the petitioner is that the 7th respondent has laid a Thar road across the said Kanmoi and in the middle of the same. Thus, according to the petitioner, that would be detrimental for the storage of water in the Kanmoi and it would affect the irrigation right of the...
Dhanapal and Another Vs. State Represented by Inspector of Police, Kar ...
Court: Chennai Madurai
Decided on: Nov-16-2016
(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C to set aside the judgment passed by the Principal Sessions Judge, Karur in S.C.No.38 of 2014 dated 01.12.2015 and acquit all the appellants herein.) M.V. Muralidaran, J. The appellants are the 1st and 2nd accused in S.C.No.38/2014 on the file of the Principal Sessions Judge, Karur. The trial court framed charges under Section 120(b) and 302 of I.P.C against this Appellants/Accused. 2. The Trial Court by Judgment dated 1.12.2015 convicted the appellants under Section 120 (b) of I.P.C to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.10,000/- in default further undergo rigorous imprisonment for 18 months and convicted and sentenced the accused 1 and 2 for the offence under Section 302 of I.P.C to undergo life imprisonment and to pay a fine of Rs.50,000/- each in default further undergo rigorous imprisonment for 2 years. Both the sentences shall run concurrently. The set off was allowed under Section ...
M/s. United India Insurance Company Ltd., Rep. by its Divisional Mange ...
Court: Chennai
Decided on: Nov-15-2016
(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree dated 17.12.2012 made in M.C.O.P.No.106 of 2012 on the file of the Motor Accidents Claims Tribunal (District Judge), Perambalur.) 1. This appeal is filed by the appellant/Insurance company against the award and decree dated 17.12.2012 made in M.C.O.P.No.106 of 2012 on the file of the Motor Accidents Claims Tribunal (District Judge), Perambalur. 2. The facts of the case are as follows:- On 01.01.2012 at about 00.15 hours, when the claimant was riding his Hero Honda motorcycle bearing Registration No.TN-46-H-8349 at a normal speed on the main road of Elambalur, near Ram Theater, from North to South, keeping to his left side of the road, the Bolero car bearing Registration No.TN-46-L-4545 belonging to the first respondent and insured with the second respondent which was coming from the opposite direction viz., from South to North, driven by its driver rash and negli...
Velu Vs. The State of Tamil Nadu, Rep. by the Inspector of Police
Court: Chennai
Decided on: Nov-15-2016
(Prayer: Criminal Appeal filed under Section 374 Cr.P.C., to call for the records in S.C.No.139 of 2013 on the file of the 18th Additional Sessions Judge, Chennai and set aside the order dated 31.03.2015 and acquit the Appellant/Accused.) 1. The Appellant/Accused has preferred the instant Criminal Appeal before this Court as against the Judgment dated 31.03.2015 in S.C.No.139 of 2013 passed by the Learned XVIII Additional Sessions Judge, Chennai. 2. The Learned Additional Sessions Judge, Chennai, while passing the Judgment in S.C.No.139 of 2013 dated 31.03.2015, had, among other things, observed that on consideration of the occurrence witnesses of the Prosecution side, it came to light that the Appellant/ Accused had not attacked the deceased Selvam with an intention to commit murder and only due to sudden provocation and also not able to control his emotions, the Appellant/Accused had attacked the Selvam and caused his deceased and therefore, came to the conclusion that the Appellant/...
National Insurance Company Limited, Represented by its Divisional Mana ...
Court: Chennai Madurai
Decided on: Nov-15-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, to set aside the judgement and decree dated 25/06/2008 made in MCOP.No.398 of 2005 on the file of the Motor Accident Claims Tribunal/Additional District Judge/Fast Track Court-2, Tirunelveli.) Judgment: 1. The present Civil Miscellaneous Appeal has been filed to set aside the judgement and decree dated 25/06/2008 made in MCOP.No.398 of 2005 on the file of the Motor Accident Claims Tribunal/Additional District Judge/Fast Track Court-2, Tirunelveli. 2. It is the case of injury caused due to the accident took place on 16.01.2003 at 17.00 hours near Sathankulam to Nazareth road. The injured victim filed an application in MCOP.No.398 of 2005, before the Motor Accident Claims Tribunal/Additional District Judge/Fast Track Court-2, Tirunelveli, and the Tribunal by considering the facts and circumstances of the case, awarded Rs.40,000/- as total compensation with interest at 7.5% per annum. The appellant insurance company filed ...
National Insurance Company Limited, Represented by its Divisional Mana ...
Court: Chennai Madurai
Decided on: Nov-15-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, to set aside the judgement and decree dated 26/05/2008 made in MCOP.No.246 of 2007 on the file of the Motor Accident Claims Tribunal/Additional District Judge/Fast Track Court-1, Tuticorin.) Judgment: 1. The present Civil Miscellaneous Appeal has been filed to set aside the judgement and decree dated 26.05.2008 made in MCOP.No.246 of 2007, on the file of the Motor Accident Claims Tribunal/Additional District Judge/Fast Track Court-1, Tuticorin. 2. It is the case of injury caused due to the accident took place on 11.10.2007 at 12.45 hours near Thoothukudi-Palani main road. The injured victim filed an application in MCOP.No.246 of 2007, before the Motor Accident Claims Tribunal/Additional District Judge/Fast Track Court-1, Tuticorin, and the Tribunal by considering the facts and circumstances of the case, awarded Rs.32,500/- as total compensation with interest at 6% per annum. The appellant insurance company filed the pre...
Ponnammal Vs. The Director of Land Reforms, Chennai and Others
Court: Chennai Madurai
Decided on: Nov-15-2016
(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the fourth respondent granting patta in favour of 6th, 7th, respondents and others in S.F.No.1521/2A1B Melavittan Village Part-I and quash the same as illegal and directing the 4th respondent to grant patta in favour of the petitioner for the S.F.No.1521/2A1B for 2 Acres 1 Cents in Melavittan Village Part-I Tuticorin Taluk, Tuticorin District.) Order: 1. This writ petition has been filed for the issuance of a a Writ of Certiorarified Mandamus to call for the records of the fourth respondent granting patta in favour of 6th, 7th, respondents and others in S.F.No.1521/2A1B Melavittan Village Part-I and quash the same as illegal and direct the 4th respondent to grant patta in favour of the petitioner for the S.F.No.1521/2A1B for 2 Acres 1 Cents in Melavittan Village Part-I Tuticorin Taluk, Tuticorin District. 2. The writ petitioner claims that she ...
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