Chennai Court November 2016 Judgments
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The United India Insurance Company Limited, Rep. By its Branch Manager ...
Court: Chennai Madurai
Decided on: Nov-11-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment passed in M.C.O.P.No.1275 of 2007 dated 23.01.2009 on the file of the Motor Accident Claims Tribunal cum Additional District Judge FTC-I, Tirunelveli.) 1. It is a case of injury and the accident took place on 11.03.2007 at about 6.00 p.m in front of Esakkiamman Temple at Alagiapandipuram Village. The claimant filed the Claim Petition before the Motor Accident Claims Tribunal-cum-Additional District Judge FTC-I, Tirunelveli, in M.C.O.P.No.1275 of 2007. 2. The Tribunal, considering the facts and the circumstances of the case, awarded Rs.70,000/- towards total compensation, against which, the Insurance Company preferred the present appeal mainly on the ground that the vehicle was in possession of permit to carry only 3 persons and at the time of accident, 4 persons were travelling in the Mini Van and therefore, the policy condition is violated and the appellant Insu...
Rajammal and Another Vs. M. Senbagam
Court: Chennai
Decided on: Nov-11-2016
(Prayer: This second appeal has been filed under Section 100 C.P.C., against the Judgment and Decree of the learned Principal District Judge, Namakkal made in A.S.No.40 of 2013 dated 28.11.2014 thereby confirming the judgment and decree of the learned Subordinate Judge, Rasipuram made in O.S.No.45 of 2011 dated 12.04.2013.) 1. The appellants are the defendants 2 and 4 in a suit for specific performance of an agreement of sale. The trial court decreed the suit as prayed for and the appeal preferred by the defendants 2 and 4 came to be dismissed. 2. The defendants 1 and 3 died during the pendency of the suit leaving the defendants 2 and 4 as their legal heirs. 3. The case of the plaintiff is as follows: The suit property belonged to the first defendant. The second defendant is the wife and the defendants 3 and 4 are the children of the defendants 1 and 2. On 25.06.2003, the defendants entered into a registered agreement for sale with the plaintiff agreeing to sell the suit property for t...
The Union of India, Represented by Assistant General Manager (Estt), O ...
Court: Chennai
Decided on: Nov-11-2016
(Prayer:Writ Petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records in O.A.No.1024/2011 on the file of the second respondent and quash the order in O.A.No.1024/2011 dated 27.07.2012 passed by the second respondent.) N. Authinathan, J. 1. The petitioner has come up with the present Writ Petition for a Writ of Certiorari, to call for the records of the order passed by the second respondent / Central Administrative Tribunal, Chennai Bench, in O.A.No.1024 of 2011 dated 27.07.2012 and to quash the same. 2. M.Elangovan, while working as Section Supervisor (Operative), Telegraph Office, Ethiraj Salai, died on 02.10.2004, in harness. He left behind his wife, a son (first respondent) and a daughter. The first respondent submitted an application dated 09.12.2004, for appointment on compassionate ground. The Circle High Power Committee of Chennai Telephones examined the case of the first respondent and the Committee made t...
Manikandan Vs. State Represented by the Inspector of Police Pasuvantha ...
Court: Chennai Madurai
Decided on: Nov-11-2016
(Prayer: Appeal is filed under Section 374(2) of the Code of Criminal Procedure against the judgment passed by the I Additional Sessions Judge, Thoothukudi, in S.C.No.173 of 3025 dated 27.01.2016.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.173/2014 on the file of the I Additional District and Sessions Judge, Tuticorin. He stood charged for the offence under Section 302 IPC. By judgment dated 27.06.2016, the trial Court convicted him under Section 302 IPC and sentenced him to under imprisonment for life and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for three months. 2. The case of the prosecution in brief is as follows: The deceased in this case was one Mr.Shanmugavel. His wife is one Mrs.Solaiammal. They were residing at Achankulam. The accused is their neighbour. His mother is one Mrs.Ramalakshmi. The drainage water from the house of the accused was let in front of the house of the deceased. This resulted in frequent quarrels between...
The Branch Manager, The Oriental Insurance Company Limited, A.P. Vs. M ...
Court: Chennai Madurai
Decided on: Nov-11-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgement and Decree passed in M.C.O.P.No. 231 of 2011 dated 08.08.2011 on the file of the Motor Accident Claims Tribunal-cum-Fast Track Court No.II, Tirunelveli.) 1. The appellant/Oriental Insurance Company Ltd., filed the present C.M.A.No.564 of 2012, challenging the award passed in M.C.O.P.No.231 of 2011 by the Motor Accidents Claims Tribunal/Additional District Judge, Fast Track Court No.2, Tirunelveli. 2. The present case is a case of fatal and the death occurred instantly. The heirs of the deceased filed the application for compensation before the Motor Accidents Claims Tribunal/Additional District Judge, Fast Track Court No.2, Tirunelveli in M.C.O.P.No.231 of 2011 and the Tribunal, considering facts and circumstances of the case, awarded Rs.5,75,000/- as total compensation to the respondent/victims. 3. The present appeal is filed by the Oriental Insurance Company Limited sole...
M. Selvakumar Vs. The Inspector General of Police, Central Reserve Pol ...
Court: Chennai Madurai
Decided on: Nov-11-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records related to the punishment order No.P.VIII-1/2015-42-EC.II(MSK), dated 20.07.2015 passed by the third respondent and the order No.R.XIII-10/2015-EC-III, dated 27.01.2016 passed by the second respondent and order No.R.XIII-51/2016-Adm-7, dated 13.06.2016 passed by the first respondent and further order No.P.I.36/16-17-PBC-42, dated 27.06.2016 passed by the second respondent directing the petitioner to remit Rs.36,023/- and quash the same and consequently direct the respondents to reinstate the petitioner in service and to grant all the service and other monetary benefits to the petitioner as per rules, within a time limit to be fixed by this Court.) 1. This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, praying to quash the punishment order No.P.VIII-1/2015-42-EC.II(MSK), dated 20.07.2015 passed by the t...
R. Ramachandran and Another Vs. The District Educational Officer, Tiru ...
Court: Chennai Madurai
Decided on: Nov-11-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the first respondent in his proceedings in O.Mu.No.4491/A1/2016 dated 02.11.2016 and quash the same and direct the respondents to approve the appointment of the petitioner as a Night Watchman from the date of appointment i.e., 16.09.2016 with all the consequential benefits. Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the first respondent in his proceedings in O.Mu.No.4489/A1/2016 dated 02.11.2016 and quash the same and direct the respondents to approve the appointment of the petitioner as a Office Assistant from the date of appointment i.e., 16.09.2016 with all the consequential benefits.) 1. This Writ Petition has been filed praying to quash the orders passed ...
The Divisional Manager, M/s. United India Insurance Company Limited, M ...
Court: Chennai Madurai
Decided on: Nov-11-2016
(Common Prayer:- Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988, against the order passed in WC.Nos.115 and 288 of 2008 dated 19/05/2011 on the file of the Deputy Commissioner for Workmen's Compensation, Madurai.) Common Judgment: It is the case of injury and the victims filed applications before the Deputy Commissioner of Labour under the Workmen Compensation Act and the competent authority under the Workmen Compensation Act considered the facts and circumstances of the case and awarded Rs.20,332/- and Rs.1,87,878/- respectively towards the total compensation to the victims. 2. The appellant/United India Insurance Company preferred the present appeals on the ground that the ownership of the vehicle, which met with an accident, was transferred in favour of the third party and the change of name was effected in the R.C Book. But the name of the new owner was not changed in the insurance policy in force with the appellant/Insurance Company. 3. On read...
Apex Laboratories Limited Vs. India Pharmaceuticals
Court: Chennai
Decided on: Nov-10-2016
(Prayer: Suit with prayers for granting a permanent injunction restraining the defendants either by themselves, their servant or agents or any one claiming through or under them from committing an infringement of the plaintiff's Copy right in the artistic work 'ZINCOVIT' label by the use of the infringing BICAL label or any other label work or representation the use of which would be an infringement of the plaintiff's artistic work 'ZINCOVIT' Label; a permanent injunction restraining the defendant, either by themselves, their servant or agent or any one claiming through or under them from passing off or enabling others to pass off their goods as or for the well known and reputed goods of the plaintiff by using the BICAL Label for Pharmaceutical and/or Medicinal preparations or like goods or any other Label work or representation which is in any manner deceptively or confusingly similar to the plaintiff's well known and reputed 'ZINCOVIT' Label; direction to the defendant to render a tr...
Manju P. Bhattathiri, Kanyakumari District Vs. The Government of Tamil ...
Court: Chennai Madurai
Decided on: Nov-10-2016
(Prayer : Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to take into account the petitioner's service between 01.12.1997 and 01.06.2003 for the purpose of pension.) 1. The petitioner seeks for a Mandamus directing the respondents to take into account her service between 01.12.1997 and 01.06.2003 for the purpose of pension. 2. The case of the petitioner is that she is a B.Sc., B.Ed., graduate and on 01.12.1997, she was appointed as Secondary Grade Teacher in the fourth respondent school in a permanent vacancy caused due to the retirement of one Madhavan Nair. But the proposal for approval sent by the Management was rejected on the ground that she was not having the qualification of Diploma in Teacher Education. In the meantime, in the case of Secretary and Correspondent, Uswathun Hasana Oriental (Arabic) Girls Higher Secondary School vs. The State of Tamil Nadu, reported in 2002 Writ L.R 173, the Honourable Divisi...