Chennai Court November 2016 Judgments
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Vastimal Jawanjee Vs. Dharam Chand Nahar (deceased) and Others
Court: Chennai
Decided on: Nov-10-2016
(Prayer: Suit filed under Order II Rule 3 and 5 and Order IV Rule 1 of O.S.Rules directing the defendants to vacate and deliver vacant possession of the house ad ground bearing Door No.39, Audiappa Naicken Street, Sowcarpet, Chennai 600 079, morefully described in the schedule hereunder; for permanent injunction restraining the defendants from inducting any third party to occupy the property; directing the defendants to pay jointly and severally damages for wrongful use and occupation at Rs.50,000/- per month from the date of filing the suit till delivery of vacant possession and (deleted as per order dated 30.01.2014 in A.No.583 of 2004); to pass such further or other orders as may deem fir and necessary in the circumstances of the case and thus render justice.) 1. The brief facts of the plaintiff's case is as follows : (a) The plaintiffs 1 and 2 are husband and wife. The first plaintiff filed the suit for possession of the suit property on the basis of the Sale Deed dated 08.08.2016,...
The New India Assurance Co.Ltd., Vs. Kanniammal and Others
Court: Chennai
Decided on: Nov-10-2016
(Prayer: Memorandum of Grounds of Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 24.9.2013 made in M.C.O.P.No.31 of 2011 on the file of the Motor Accident Claims Tribunal, Arni, Tiruvannamalai District.) 1. The New India Assurance Company Limited, Polur, having been aggrieved by the impugned award passed by the Motor Accident Claims Tribunal, Arni in M.C.O.P.No.31 of 2011 dated 24.9.2013 awarding a sum of Rs.3,46,000/- to the claimants, as against the claim of Rs.15,00,000/-, with interest at the rate of 7.5% per annum, has brought this appeal questioning the liability. 2. Heard the learned counsel for the parties. 3. It is a case of death of a 31 year old breadwinner, who left behind his parents, namely, father and mother, aged about 58 years and 54 years respectively, as orphans. On 8.2.2011 at about 8.15 A.M., the son of the claimants viz., S.Vijayakumar, while proceeding in his two-wheeler bearing Registration No.TN 2...
K. Sankar Vs. The Commissioner, Corporation of Chennai and Others
Court: Chennai
Decided on: Nov-10-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarifed Mandamus to call for the records and quash the order No.Po.Thu.NNa.KA.E-11/4803/08, dated 20.05.2008, issued by the respondent and consequently direct the respondents to appoint the petitioner on compassionate basis to any post in any section commensurate to the petitioner's qualification.) 1. The prayer in the Writ Petition is for a Writ of Certiorarifed Mandamus to call for the records and quash the order No.Po.Thu.NNa.KA.E-11/4803/08, dated 20.05.2008, issued by the respondent and consequently direct the respondents to appoint the petitioner on compassionate basis to any post in any section commensurate to the petitioner's qualification. 2. The case of the petitioner is that the petitioners father who was employed as Malaria decilting thozhilali, in Zone I for the respondent corporation, had died on 25.08.1986, while he was in service. Thereafter, the petitioner's mother who h...
John Vincent Versu Nancy
Court: Chennai
Decided on: Nov-10-2016
(Prayer: Memorandum of Grounds of Civil Miscellaneous Appeal under Section 55 of the Divorce Act, 1869, as amended by the Indian Divorce (Amendment) Act, 2001 Act 51 of 2001, against the order and decretal order dated 19.04.2011 made in I.D.O.P.No.140 of 2006 on the file of the Principal District Judge, Tiruvallur.) 1. Today when the matter was taken up as part-heard, as usual, no one appeared for the respondent/wife. Finding no response whatsoever in spite of service of notice on the respondent, this Court is inclined to proceed with the matter, after hearing the learned counsel for the appellant. 2. The matter pertains to a long matrimonial dispute between the parties and this appeal is against the order of the Court below in dismissing the petition filed by the appellant/husband seeking a decree for dissolution of marriage between the parties solemnised on 23.8.1998 at St.Antony's Church, Avadi by the Parish Priest Rev.Fr.K.T.Mathew and for custody of the children as well as award o...
T.S. Ramachandran Marthandan Vs. The District Revenue Officer, Tirunel ...
Court: Chennai Madurai
Decided on: Nov-10-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned orders dated 12.03.2011 Ref.No.Mu.Mu.(A2)148997/ 2011 and 28.01.2011 Ref.No.Na.Ka.A1/5847/2010 passed by the 1st and 2nd respondents respectively and quash the same.) 1. The petitioner has filed this writ petition for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned orders dated 12.03.2011 Ref.No.Mu.Mu.(a2) 14897/2011 and 28.01.2011 Ref. No. Na. Ka. A1/5847/2010 passed by the 1st and 2nd respondent respectively and quash the same in so far as directing either parties to approach the 3rd respondent, so as to comply with an order of the Sub Collector, Cheranmahadevi, which is said to have been passed in contrary to the earlier order of the sub Collector, Cheranmahadevi itself. 2. The case of the petitioner is that he is the owner of a Punja land measuring an extent of 5 acres and 16.5 cents ...
Parimalam and Others Vs. P. Mohanraj and Another
Court: Chennai
Decided on: Nov-10-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree of the learned First Additional District Judge, Coimbatore made in A.S.No.106 of 2009 dated 02.11.2010 in partly confirming the judgment and decree of the learned Principal Subordinate judge, Coimbatore made in O.S.No.588 of 2005 dated 04.12.2008. 1. Challenge in this second appeal is made by the defendants against the judgement and decree dated 02.11.2010 made in A.S.No.106 of 2009 on the file of the First Additional District Court, Coimbatore, in partly confirming the judgment and decree dated 04.12.2008 made in O.S.No.588 of 2005 on the file of the Principal Subordinate Court, Coimbatore. 2. The suit has been laid for partition and permanent injunction. 3. Shorn of unnecessary details, the plaintiffs' case is as follows: The first plaintiff is the only son and the defendants are the daughters of the deceased K.Palani and the deceased Lingammal. The second plaintiff is the minor...
B.S. Krishnamurthy Vs. S. Sreenivasamurthy and Another
Court: Chennai
Decided on: Nov-10-2016
(Prayer: Appeal under Order 36 Rule 9 of the Original Side Rules read with Clause 15 of the Letters Patent against the order dated 26.7.2016 of the learned Single Judge in Application No.8211 of 2015 in C.S.No.290 of 2013.) Sanjay Kishan Kaul, CJ. 1. The appeal is directed against the order dated 26.7.2016 of the learned Single Judge dismissing the application filed by the appellant under Order VII Rule 11(a) and (d) of the Code of Civil Procedure, 1908, alleging that there is no cause of action of the original plaintiff/first respondent in the suit. 2. As usual, this is one more family dispute between the brothers. The suit has been filed by the original plaintiff for recovery of money. There are already three suits pending inter se the parties two of them for declarations in respect of the two settlement deeds dated 31.7.2009 and 16.10.2009 executed by the mother as null and void. Apart from this, the appellant has filed a suit for declaration that the partnership firm stands dissolv...
United India Insurance Company Ltd., Chennai Vs. G. Vijay Ganesh and A ...
Court: Chennai
Decided on: Nov-10-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 16.09.2014 made in M.C.O.P. No.143/2013 on the file of the Motor Accidents Claims Tribunal, (V Judge, Small Causes Court), Chennai.) 1. The United India Insurance Company Ltd. has brought this appeal, challenging the correctness of the impugned award dated 16.09.2014 made in M.C.O.P. No.143/2013 on the file of the Motor Accidents Claims Tribunal, (V Judge, Small Causes Court), Chennai, awarding a sum of Rs.4,45,000/- as against the claim of Rs.10,00,000/-. 2. It is the case of the claimant that on 13.11.2012 at about 02.30 p.m., while he was riding his Honda Activa bearing Registration No.TN-01-Z-8980 at Rithordon Road near Dental Hospital, an auto bearing Registration No.TN-10-AH-4012, driven by its driver in a rash and negligent manner, came from North to South direction and hit the Honda Activa. Due to the said accident, the claimant sustained grievous injuri...
Lakshmi Vs. State represented by Inspector of Police, Arumuganeri Poli ...
Court: Chennai Madurai
Decided on: Nov-10-2016
(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C to allow this appeal and set aside the judgment and conviction dated 03.09.2015 by the learned Principal Sessions Judge, Thoothukudi in S.C.No.76 of 2015 and acquit the appellant.) M.V. Muralidaran, J. 1. The appellant is the sole accused in S.C.No.76 of 2015, on the Principal Sessions Judge, Thoothukudi. The trial Court framed charges under Section 302 of I.P.C against this Appellant/Accused. 2. The trial Court by Judgment dated 03.09.2015 convicted the appellant under Section 302 of I.P.C. for life imprisonment and to pay a fine of Rs.1000/- in default further undergo rigorous imprisonment for three months. The set off was allowed under Section 428 of Cr.P.C. Challenging the said conviction and sentence passed against her, the present appeal has been filed by the appellant/accused. 3. The case of the prosecution is that the accused Lakshmi is the wife of the deceased Veerapandi and they are residing at Kamarajar Na...
S.M.M. Mohideen Wakf-Alal-Aulab Vs. M/s. Hindustan Petroleum Corporati ...
Court: Chennai
Decided on: Nov-10-2016
(Prayer: Application has been filed under Order XX Rule 12 of C.P.C. Read with Order XIV Rule 8 of the O.S.Rules seeking to pass a final decree directing the defendant to pay mesne profits to the Plaintiff from 01.04.2000 till date of handing over possession of the Schedule Property at a rate fixed by appointing an advocate Commissioner; or other such relief Suit with prayers for directing the defendant to quit and deliver vacant possession of the land described in Schedule to the Plaint, after removing the structure thereon and directing the defendant to pay to the plaintiff a sum of Rs.14,40,000/- towards past mesne profits upto the date of plaint; directing the defendant to pay to the Plaintiff future mesne profits at such rate as this Court may fix from the date of plaint upto date of delivery of vacant possession of the plaint schedule property to the plaintiff; directing the defendant to pay to the plaintiff the cost of this suit and to grant any other such reliefs.) 1. The suit ...
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