Chennai Court November 2016 Judgments
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Appu John Estates Charitable Trust rep. by its Trustee: S.C. Vijayakum ...
Court: Chennai
Decided on: Nov-14-2016
(Prayer: Appeals filed under Order 36 Rule 9 of Original Side Rules read with Clause 15 of the Letters Patent Act, against the order dated 12.07.2016 passed in A.No.2873 of 2014 in C.S.No.423 of 1995 dated 12.07.2016, on the file of this Court. A.No. 2873/14: Application praying to pass an order to implead Appu John Estates Charitable Trust, rep by its Trustee S.C. Vijayakumar No. 23, Nungambakkam High Road, Nungambakkam, Chennai-34 as 6th defendant in the above suit in the place of T.R.T. Thirumalavasi/5th Defendant.) Sanjay Kishan Kaul, CJ. Admit. 2. Learned counsel for the respondents accept notice. 3. At the request of the learned counsel for the parties, the appeal is taken up for final disposal. 4. The appeal is directed against the order of the learned Single Judge dated 12.07.2016, dismissing the application of the applicant seeking to implead Appu John Estates Charitable Trust, a party in the partition suit, as the 6th defendant. 5. The first respondent before us is the plaint...
Jeeva Santhakumari Vs. The Director of Rural Development and Panchayat ...
Court: Chennai Madurai
Decided on: Nov-14-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 1st respondent herein in Se.Mu.No.29362/2016/E1 dated 26.07.2016, quash the same and further direct the 1st respondent herein to sanction family pension and arrears of family pension to the petitioner from 01.12.2000 onwards with appropriate interest within a reasonable time as may be specified by this Hon'ble Court). 1. This Writ of Certiorarified Mandamus has been filed to quash the impugned proceedings issued by the 1st respondent in Se.Mu.No.29362/2016/E1, dated 26.07.2016, with a consequential direction to the 1st respondent, to sanction family pension and arrears of family pension to the petitioner from 01.12.2000 onwards, with appropriate interest within a reasonable time as may be specified by this Court. 2. The background facts leading to filing of this writ petition run...
R. Balasundaram and Others Vs. R. Krishnan
Court: Chennai
Decided on: Nov-14-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 10.07.2008 passed in A.S.No.528 of 2007 on the file of VII Additional City Civil Court at Chennai, confirming the Judgement and decree dated 11.12.2006 passed in O.S.No.1497 of 1991 on the file of the learned VIII Assistant Judge City Civil Court, Chennai. 1. Challenge in this second appeal is made to the Judgment and decree dated 10.07.2008 passed in A.S.No.528 of 2007 on the file of the VII Additional City Civil Court, Chennai confirming the judgement and decree dated 11.12.2006 passed in O.S.No.1497 of 1991 on the file of the VIII Assistant City Civil Court, Chennai, by the defendants. 2. The suit has been laid for partition. 3. The case of the plaintiff in brief is as follows: The first defendant is the son of the second defendant. Defendants 2 to 6 and the mother of the defendants 7 to 9 viz., Andal Ammal are the sons and the daughters of late Punniavathy Ammal wife of ...
S.P. Murugan Vs. Gomathi
Court: Chennai Madurai
Decided on: Nov-14-2016
(Prayer: Civil Miscellaneous Second Appeal is filed under Section 28 of Hindu Marriage Act r/w Section 100 of CPC against the judgment and Decree passed in CMA.No.17 of 2009 on the file of Additional District Judge (Fast Track Court-II), Thoothukudi, dated 30.11.2009 confirming the Judgment and Decree passed in HMOP No.39 of 2008 on the file of Subordinate Jude, Thoothukudi, dated 22.04.2009.) S.M. Subramaniam, J. 1. Learned counsel for the appellant filed a memo, dated 14.11.2016 stating the sole respondent Smt.Gomathi, died on 13.05.2014 and nothing survives in this appeal. Recording the memo, dated 14.11.2016, this civil miscellaneous second appeal is closed. Connected miscellaneous petition is closed....
G. Kasimookambiga Vs. S. Ramsudhan
Court: Chennai Madurai
Decided on: Nov-14-2016
(Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the original petition in HMOP No.178 of 2015 on the file of Sub Court, Pudukkottai to be heard along with HMOP No.157 of 2015 on the file of Principal Sub Court, Tenkasi and to pass such further or other order as this Court may deem fit.) 1. This Transfer Civil Miscellaneous Petition is filedfor transfer of H.M.O.P.No.178 of 2015 from the file of the Sub Court, Pudukkottai, to the file of the Principal Sub Court, Tenkasi. 2. The marriage between the petitioner and the respondent was solemnized on 08.07.2012 at Kadayanallur, Tirunelveli District as per Hindu rights and customs. Out of wedlock a male child was born on 04.04.2013 and now he is in the custody of the petitioner. Due to strained relationship between the parties, the petitioner forced to leave the matrimonial home and now living with her parents. The petitioner filed HMOP No.157 of 2015 before the Pri...
The Branch Manager The National Insurance Co. Ltd., Vs. Vijayalakshmi ...
Court: Chennai Madurai
Decided on: Nov-14-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the fair and decreetal order dated 14.8.2012 made in M.C.O.P.No.52 of 2011 on the file of Motor Accidents Claims Tribunal (Assistant District and Sessions Court), Dindigul.) M. Sathyanarayanan, J. 1. The second respondent in M.C.O.P.No.52 of 2011 on the file of the Motor Accidents Claims Tribunal/Additional District and Sessions Judge, Dindigul, filed by the respondents 1 to 4 herein/claimants, is the appellant. The appellant, questioning the liability to indemnify the fifth respondent herein in respect of the accident which took place on 27.10.2010 at about 5.00 p.m. in which the husband of the first respondent died, had filed this appeal. 2. Facts leading to the filing of this appeal briefly narrated are as follows: 2.1. First respondent is wife of the deceased, namely Thiru Balakrishnan and respondents 2 to 4 are son and daughters of the deceased. As per the claim petition, Thiru.Bala...
V. Radhakrishnan Vs. Harikrishnan and Others
Court: Chennai
Decided on: Nov-14-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order dated 20.10.2011 and made in I.A.No.188 of 2011 in A.S.No.87 of 2009 dated 20.10.2011 on the file of the learned Principal District Judge, Villupuram.) 1. Challenge, in this revision is made to the order dated 20.10.2011 and made in the application in I.A.No.188 of 2011 in appeal in A.S.No.87 of 2009 on the file of the learned Principal District Judge, Villupuram. 2. The revision petitioner herein is the fourth defendant in the suit, whereas respondents 1 to 3 are the plaintiffs and the remaining respondents viz., R4 to R7 are the defendants 1 to 3 and 5 in the suit. 3. As it is revealed from the records, the respondents 1 to 3 herein had filed the above suit in O.S.No.516 of 2004 on the file of the learned District Munsif, Villupuram as against the revision petitioner as well as the respondents 4 to 7 seeking the relief of partition in respect of 1/3rd share in the...
S. Mohanapriya Vs. S. Devendran
Court: Chennai Madurai
Decided on: Nov-14-2016
(Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the HMOP No.46 of 2012 pending before Sub Court, Dindigul and transfer the same to the Family Court, Erode District or any competent Court, Erode.) 1. The present petition for transfer is filed to withdraw and transfer the case in HMOP No.46 of 2012 pending on the file of Sub Court, Dindigul to the file of Family Court, Erode District. 2. The marriage between the petitioner and the respondent was solemnized on 23.08.2007 at Dindigul and out of the wedlock a female child was born on 29.11.2008 and now the child is with the custody of the petitioner. Due to the strained relationship between the parties, the petitioner left the matrimonial home and residing with her parents. The contention of the petitioner is that she filed MC No.8 of 2012 before the Judicial Magistrate, Dindigul for maintenance and the respondent filed HMOP No.46 of 2012 before the Sub Court, Dindigul, for r...
Oriental Insurance Company through its Branch Manager Vs. Pandikrishna ...
Court: Chennai Madurai
Decided on: Nov-14-2016
(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicle Act, to set aside the order of the Motor Accident Claims Tribunal cum (Additional District Court/Fast Track Court, No.II), Madurai made in MCOP No.17/2006, dated 07.02.2011 and allow the appeal with costs and render justice.) 1. The accident took place on 07.12.2001 at about 17.15 hrs at Madurai Town-Arasaradi Road. It is a case of injury and the first respondent claimant sustained grievous injuries. The claim petition was filed before the Motor Accident Claims Tribunal cum Additional District Court/FTC No.II, Madurai, in MCOP No.17 of 2006 and the Tribunal after considering the facts and circumstances of the case, awarded Rs.1,16,000/- towards total compensation. 2. The Oriental Insurance Company, preferred the present appeal challenging the award on the ground that the driver who was driving the vehicle, which met with an accident, was in possession of license for driving light motor vehicle and did not p...
Arputha Kanagaraj Vs. Tamil Nadu State through the District Collector, ...
Court: Chennai Madurai
Decided on: Nov-14-2016
(Prayer: These Civil Revision Petitions are filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order passed in I.A.Nos.1061 of 2010, 1062 of 2010 and 1087 of 2010 in O.S.No.53 of 2008 on the file of the learned District Munsif Court, Sathankulam, dated 16.12.2010.) 1. These civil revision petitions are filed to set aside the fair and decreetal order passed in I.A.Nos.1061 of 2010, 1062 of 2010 and 1087 of 2010 in O.S.No.53 of 2008, on the file of the learned District Munsif Court, Sathankulam, dated 16.12.2010. 2. The case of the petitioner is that the petitioner has filed a suit in O.S.No.53 of 2008, on the file of the learned District Munsif, Sathankulam, seeking for the relief of declaration that the suit schedule property belongs to the petitioner and for consequential injunction and for damages. 3. A written statement has been filed by the respondents. The revision petitioner has filed three applications in I.A.No.1061 of 2010 for reo...
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