Chennai Court November 2016 Judgments
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Sumathi and Another Vs. State by The Inspector of Police C.B.C.I.D, Ch ...
Court: Chennai
Decided on: Nov-10-2016
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.302 of 2009 on the file of the Judicial Magistrate No.I, Poonamallee and quash the same.) 1. This Criminal Original Petition has been filed by the second and third accused under Section 482 of the Code of Criminal Procedure, praying to call for the records in C.C.No.302 of 2009 on the file of the Judicial Magistrate No.I, Poonamallee and quash the same as against the petitioners. 2. It is averred in the petition that the petitioners along with another accused have been charge sheeted for the alleged offences under Sections 465, 468, 471 and 423 IPC r/w 109 IPC. The second respondent Temple claims that it is the absolute owner of the property by virtue of valid registered sale deed, dated 20.07.1955 executed by one Subathra Devi in Document No.1307 / 1955 and the petitioners are alleged to have entered into the transaction with A1 for the purpose of grabbing the property belonging to t...
Benitha Vs. N. Selvin Franklin
Court: Chennai Madurai
Decided on: Nov-10-2016
(Prayer: Civil Miscellaneous Appeal is filed under Section 55 of Indian Divorce Act, 1869, praying to allow this appeal and set aside the order in I.D.O.P.No.256 of 2010, on the file of the learned District Judge, Kanyakumari at Nagercoil, dated 30.11.2012.) 1. The respective learned counsel appearing for the appellant and the respondent filed a joint memo on behalf of the appellant and the respondent on 10.11.2016, which is extracted hereunder: "That the appellant agrees for divorce. The respondent agreed to pay a sum of Rs.15 Lakhs towards permanent alimony to the petitioner's wife and their son Jerone Selvin Franklin aged about 4 years and further agreed to return 22 sovereigns of gold and utensils and household articles worth of Rs.30,000/- (Thirty Thousand only). The respondent shall comply the offer above made within a period of 4 weeks from the date of the order of this Hon'ble Court. The appellant agrees for the aforesaid proposal and she further agrees not to initiate and give...
Pulavar. K. Krishnan Vs. The State of Tamil Nadu Rep. by its Secretary ...
Court: Chennai Madurai
Decided on: Nov-10-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus and call for the records relating to the order Na.Ka.No.A2/1732/2016 dated 22.07.2016 passed by the 3rd respondent and quash the same and consequently, direct the respondent to construct the Health Sub Centre on the land in survey No.75/24 in at Viraiyadhakandan Village, Ilayangudi Taluk, Sivagangai District within a time limit to be fixed by this Court.) 1. The writ petitioner has filed this writ petition for the issuance of Writ of Certiorarified Mandamus and call for the records relating to the order Na.Ka.No.A2/1732/2016 dated 22.07.2016 passed by the 3rd respondent and quash the same and consequently, direct the respondent to construct the Health Sub Centre on the land in survey No.75/24 in at Viraiyadhakandan Village, Ilayangudi Taluk, Sivagangai District within a time limit to be fixed by this Court. 2. The case of the petitioner is that the writ petiti...
Selvaraj and Another Vs. The State rep. by The Inspector of Police, Cu ...
Court: Chennai
Decided on: Nov-10-2016
(Prayer: This Criminal revision is filed under Section 379 and 401 of Cr.P.C., against the judgment made in C.A.No.73 of 2008, dated 29.9.2010 on the file of the Additional Sessions Judge (Fast Tract Court No.II), Cuddalore confirming the judgment, dated 18.8.2008 of the Judicial Magistrate No.III, Cuddalore in C.C.No.85 of 2006, dated 18.08.2008.) A-1 and A-2 in C.C.No.85 of 2006 on the file of the learned Judicial Magistrate No.III, Cudddalore are the revision petitioners. They were prosecuted for the offences under Sections 457 and 380 I.P.C. before the said Court. 2. To substantiate the charges, prosecution examined P.Ws.1 to 11, marked Ex.P1 to P14 and exhibited M.Os.1 to 3. 3. The trial Court relying on the said evidence, convicted and sentenced A-1 and A-2 as under: ConvictionSentence(i) 457 I.P.COne year R.I. and fine Rs.1000/- each(ii) 380 I.P.C.One year R.I.and fine Rs.1000/- each Both sentences were directed to run concurrently. Fine amount paid. 4. The case of the prosecuti...
K. Kumaresan Vs. Union of India, rep. by its The Assistant Registrar, ...
Court: Chennai
Decided on: Nov-10-2016
(Common Prayer: Writ Petitions have been filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the entire records connected to the order in O.A.Nos.573 and 680 of 2012, dated 10.06.2013 passed by the Central Administrative Tribunal, Chennai Bench and quash the same and allow the O.A.as prayed for.) Common Order N. Authinathan, J. 1. As the point involved in these Writ Petitions is the same and arising out of a common order, these Writ Petitions are being disposed of by a common order. 2. The petitioners have come up with the present Writ Petitions for a Writ of Certiorari, to call for the records of the order passed by the third respondent herein, in O.A.Nos.573 and 680 of 2012, dated 10.06.2013 and to quash the same and allow the Original Applications. 3. The writ petitioners, namely, K.Kumaresan; K.Srinivasan and K.Saravanan, were sponsored by Employment Exchange for appointment as casual labourers on daily wages in the Office of the Inco...
A. Dasarathan Vs. The Commissioner, Corporation of Chennai, Ribbon Bui ...
Court: Chennai
Decided on: Nov-10-2016
(Prayer: Writ petition filed under Article 226 of the Constitution of India for issue of writ of mandamus directing the 1st and 2nd respondents to consider the representation dated 03.09.2016.) 1. The petitioner is the owner of the property bearing Door No.6A, Ragava Reddiar Colony 4th Street, Sekar Nagar, West Saidapet, Chennai 600 083, comprised in Survey No.243/a, Block No.85, Mambalam Taluk, Chennai having purchased the same from one Mrs.Ellammal and others by way of Registered Sale Deed dated 08.07.1998. Even though the petitioner was in possession of the property, during 2012, the first respondent Corporation laid road on the part of the petitioner's property and the second respondent put up the drainage connection for the adjacent plots. Therefore, the petitioner made a representation on 25.09.2014 to the first and second respondents to remove the encroachment and the same is followed by notice dated 13.11.2014. Since no action was taken nor reply was received from the responden...
Kingston S. David Vs. Asia Match Company Private Ltd. and Others
Court: Chennai Madurai
Decided on: Nov-10-2016
(Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure praying to pass an order to withdraw the case in O.S.No.9 of 2004 on the file of the Principal District Court, Srivilliputhur and transfer to Principal Subordinate Court, Trichy.) 1. The present case is for transfer to transfer O.S.No.9 of 2004 from the file of the Principal District Court, Srivilliputhur to the file of the Principal Subordinate Court, Trichy. 2. The contention of the petitioner is that he is a resident of Coimbatore and the first respondent filed a suit for recovery of money against the petitioner in O.S.No.9 of 2004 before the Principal District Court, Srivilliputhur. The grounds raised by the petitioner for transfer of the said suit are that he is an aged person and further, he cannot travel from Coimbatore to Srivilliputhur to defend the case. The further contention is that the suit filed by the petitioner in O.S.No.451 of 2010 is pending before the Principal Sub...
R. Agnes Bellarmina Vs. M. Anbunathan
Court: Chennai Madurai
Decided on: Nov-10-2016
(Prayer: Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw I.D.O.P.No.14 of 2016 from the Principal District Court, Pudukottai to the Principal District Court, Madurai to be tried along with the petition for restitution of conjugal rights in I.D.O.P.No. 8 of 2015 filed by the petitioner.) 1. The present Transfer petition is filed seeking transfer of I.D.O.P.No.14 of 2016 from the Principal District Court, Pudukkottai to the Principal District Court, Madurai to be tried along with the petition for restitution of conjugal rights in I.D.O.P.No. 8 of 2015 filed by the petitioner. 2. The respective counsels for both parties are heard. 3. The marriage between the petitioner and the respondent was solemnized on 04.07.1990 as per Christian rights and customs. Out of the wedlock, two female children born on 24.03.1991 and 24.03.1996 respectively. Peculiarly, after 20 years from the date of marriage, the parties developed misunderstanding and now they are living...
M/s. Bajaj Allianz General Insurance Company Limited Vs. D. Kannammal ...
Court: Chennai Madurai
Decided on: Nov-10-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and decree in M.C.O.P.No.681 of 2008, dated 17.10.2012, on the file of the Motor Accident Claims Tribunal, District and Sessions Court, Communal clash cases Court, Madurai.) 1. The appellant/Insurance Company Limited has filed the present C.M.A(MD)No.2029 of 2013, challenging the award passed in M.C.O.P.No.681 of 2008, dated 17.10.2012, on the file of the Motor Accidents Claims Tribunal, District and Sessions Court, Communal clash cases Court, Madurai. 2. The case on hand, it is a fatal accident and the death occurred in the hospital after the accident. The heirs of the deceased filed claim the petition before the Motor Accident Claims Tribunal, District and Sessions Court, Communal clash cases Court, Madurai and the Tribunal, considering the facts and circumstances of the case, awarded a total amount of Rs.5,18,000/-. Against which, the appellant/Insurance Company has prefe...
K. Somasundaram Vs. S. Sundaramoorthy and Another
Court: Chennai
Decided on: Nov-10-2016
Prayer: Civil Revision Petition filed under Section 115 of C.P.C., against the judgment and decree dated 06.06.2011 passed in O.S.No.2 of 2009, on the file of the District Munsiff Court at Tiruvarur. 1. The plaintiff in the suit in O.S.No.2 of 2009, on the file of the District Munsif Court, Tiruvarur, is the revision petitioner before this Court, challenging the order of dismissal of the suit in O.S.No.2 of 2009 on 06.06.2011, the present civil revision petition has been filed. 2. The case of the plaintiff is that he owns a property in S.No.116/1C measuring 5 ares in Kunniyur Village in Tiruvarur District and having his house bearing Door No.361 and shop building bearing door No.360. The patta was issued in the year 1991 and the same was stand in the name of the plaintiff. The name of the plaintiff has also shown in the Chitta and Adangal in respect of the suit schedule of property. 3. The plaintiff further states that he was running a petty shop in the suit property bearing Door N.360...
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