Chennai Court November 2016 Judgments
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Kayavizhi Vs. P. Augustin
Court: Chennai
Decided on: Nov-29-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal orders of the learned District Munsif-cum-Judicial Magistrate, Kattumannarkoil, passed in I.A.No.76 of 2016 in O.S.No.56 of 2007 dated 21.04.2016.) 1. The Civil Revision Petition is directed against the order passed by the learned District Munsif-cum-Judicial Magistrate, Kattumannarkoil, dated 21.04.2016 in I.A.No.76/2016 in O.S.No.56/2007, dismissing the application filed by the petitioner for amendment. 2. The petitioner earlier filed an application for amendment to incorporate a prayer for Mandatory Injunction. The application in I.A.No.24/2016 was dismissed by the learned District Munsif-cum-Judicial Magistrate. 3. The petitioner filed CRP.PD.No.2187/2015 challenging the order dated 17.02.2014 in I.A.No.24/2014 in O.S.No.56/2007. This Court allowed the application and permitted the petitioner to incorporate the plea of Mandatory Injunction. Thereafter, the petit...
Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Tiruchira ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree made in M.C.O.P.No.1362 of 2013, dated 06.11.2014, on the file of the Motor Accidents Claims Tribunal / Special District Court, Thiruchirappalli.) 1. The appellant/Transport Corporation has filed the present C.M.A(MD)No.134 of 2016, challenging the award passed inMCOP.No.1362 of 2013, dated 06.11.2014, on the file of the Motor Accidents Claims Tribunal / Special District Court, Thiruchirappalli. 2. It is a case of fatal accident caused in an accident occurred on 30.11.2009 around 5.30 p.m. near Kannimathoppu, Thiruvanaikovil Trichy. The legal heirs of the deceased filed an application seeking compensation before the Tribunal. Considering the facts and circumstances of the case, the Tribunal awarded Rs.25,86,827/- as total compensation. Challenging the award amount, the appellant/Transport Corporation filed this appeal on the ground of quantum. The learned counsel f...
The Managing Director, Tamil Nadu State Transport Corporation Limited, ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree made in M.C.O.P.No.199 of 2012, dated 25.07.2014, on the file of the Motor Accidents Claims Tribunal / Principal Sub Court, Karur.) 1. The appellant/Transport Corporation has filed the present C.M.A(MD)No.840 of 2015, challenging the award passed inMCOP.No.199 of 2012, dated 25.07.2014, on the file of the Motor Accidents Claims Tribunal / Principal Sub Court, Karur. 2. It is a case of a grievous injury caused in the accident took place on 24.06.2012 around 08.30 p.m. in Karur to Dindigul Road. The injured victim filed an application seeking compensation before the Tribunal. Considering the facts and circumstances of the case, the Tribunal awarded Rs.4,23,000/- as total compensation. Challenging the same, the appellant/Transport Corporation has preferred this appeal mainly on the ground that the Tribunal erroneously adopted multiplier and fix the compensation. The ...
P. Muthusamy Vs. K. Arumugam and Others
Court: Chennai
Decided on: Nov-29-2016
(Prayer:- This second appeal has been filed under Section 100 C.P.C., against the Judgment and Decree of the learned Principal Subordinate Judge, Perundurai made in A.S.No.7 of 2011 dated 12.01.2012 reversing the judgment and decree of the learned District Munsif cum Judicial Magistrate, Perundurai made in O.S.No.207 of 2007 dated 10.12.2010.) The appellant is the plaintiff in a suit for specific performance of an agreement of sale or in the alternative for refund of the advance amount of Rs.57,000/- with accrued interest thereon and for creating a statutory charge over the suit properties under Section 55 (6)(b) of the Transfer of Property Act, 1882, for proper payment of the said amount. 2. The case of the plaintiff, in short, is as follows: On 23.07.2003, the first defendant entered into an agreement of sale with the plaintiff agreeing to sell the suit properties for a total sum of Rs.60,000/-. On the same day, a sum of Rs.57,000/- was paid towards advance. It was agreed between the...
Karuppaiah Vs. Karthick
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer:Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the Judgement and Decree dated 28.02.2012 made in A.S.No.91 of 2008 on the file of the Subordinate Judge, Srivilliputhur, confirming the Judgment and Decree in O.S.No.137 of 2005 dated 27.06.2008 on the file of the Additional District Munsif, Srivilliputhur.) 1. The defendant in the suit in O.S.No.137 of 2005 on the file of the Additional District Munsif Court, Srivilliputhur, is the appellant in this second appeal. 2. The respondent herein as plaintiff filed a suit for declaration that the suit properties belongs to the plaintiff and for recovery of possession. 3. The case of the respondent/plaintiff as culled out from the plaint, are as follows: 3.1. The suit properties belonged to the grandfather and grandmother of the plaintiff. The grandparents of the plaintiff had three sons and one daughter. Till 1977, the suit properties were enjoyed in common. By a registered partition, all the family pr...
The Oriental Insurance Company Limited, Pudukottai Vs. Antony Dasan an ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Decree and Judgment made in M.C.O.P.No.202 of 2013, dated 19.02.2014, on the file of the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Tirunelveli.) 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.960 of 2014, challenging the award passed inMCOP.No.202 of 2013, dated 19.02.2014, on the file of the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Tirunelveli. 2. It is a case of a fatal accident caused in an accident took place on 26.07.2012 around 6.00 p.m. and the deceased was riding the motorcycle bearing Registration No.TN-69-AY-1645 from Thiruchendur to Adaikalaprui on Thiruchendur-Arumuganeri Main Road. When the deceased was travelling in the two wheeler, a Tourist bus bearing Registration No.TN-48-Z-1929, belonging to the first respondent and insured with the second respondent came from North to South in a high s...
The Divisional Manager, The Oriental Insurance Company Limited, Salai ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No.45 of 2011, dated 07.03.2014, on the file of the Motor Accidents Claims Tribunal-cum-Chief Judicial Magistrate, Dindigul.) 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.717 of 2014, challenging the award passed inMCOP.No.45 of 2011, dated 07.03.2014, on the file of the Motor Accidents Claims Tribunal-cum-Chief Judicial Magistrate, Dindigul. 2. It is a case of an injury caused in an accident took place on 11.11.2010. The respondent/claimant filed an application seeking compensation before the Tribunal. Considering the facts and circumstances of the case, the Tribunal awarded Rs.2,07,660/- as total compensation. Challenging the same, the appellant/Oriental Insurance Company has preferred the present appeal on the ground that the liability fixed by the Tribunal is erroneous. The learned counsel appearing for the appellant contende...
Kavitha Vs. Ramasamy
Court: Chennai
Decided on: Nov-29-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 22.09.2010 made in A.S.No.25 of 2008 on the file of the II Additional Subordinate Judge of Cuddalore confirming the Judgment and decree dated 21.01.2008 made in O.S.No.72 of 2004 on the file of Additional District Munsif Court, Cuddalore.) 1. The defendant in this second appeal has challenged the judgment and decree dated 22.09.2010 passed in A.S.No.25 of 2008 on the file of the II Additional Subordinate Court, Cuddalore, confirming the judgment and decree dated 21.01.2008 passed in O.S.No.72 of 2004 on the file of the Additional District Munsif Court, Cuddalore. 2. The suit has been laid for declaration and permanent injunction. 3. The second appeal has been admitted and the following substantial questions of law are formulated for consideration in the second appeal. (i) Are not the findings of the lower courts perverse regarding the factum of appellant's possession, especi...
S. Chandran and Another Vs. S. Prema and Another
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 08.09.2011 made in M.C.O.P.No.394 of 2010, on the file of the Motor Accidents Claims Tribunal Additional District Court / Fast Track Court No.II, Thoothukudi.) 1. The appellant has filed the present C.M.A(MD)No.606 of 2015, challenging the award passed inMCOP.No.394 of 2010, dated 08.09.2011, on the file of the Motor Accidents Claims Tribunal Additional District Court / Fast Track Court No.II, Thoothukudi. 2. It is a case of a fatal accident caused on account of an accident took place on 30.08.2010 around 19.30 hours near Thoothukudi Ettayapuram Main Road. The heirs of the deceased filed an application seeking compensation before the Tribunal. Considering the facts and circumstances of the case, the Tribunal awarded Rs.4,08,500/- as total compensation. 3. The learned counsel for the appellants/claimants filed this appeal mainly on the ground that the Tribuna...
The Registrar (Judicial) Madurai Bench Of Madras High Court Madurai Vs ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to regulate the storage sale use and transport of fire crackers strictly as per the provisions of the Explosives Act 1884 and the rules framed thereunder under the Explosives Rules 2008 to see that during the festival season licence is not granted for sale of fire crackers in shops located nearby to hospitals schools temples etc. to adopt safety measures for sale of crackers by retail and wholesale and preventing loss of life.) 1. This is a suo motu public interest litigation initiated by this Court based on the newspaper report relating to the fire at Sivakasi shop killing eight persons, who were working in the scan centre situated by the side of the cracker shop and one person died subsequently. 2. When this matter came up for hearing on 21.10.2016, this Court passed the following order: Mr.N.Suthanthirarajan, M/s. Sri Ragavendra Fireworks shop,...
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