Chennai Court November 2016 Judgments
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M/s. Ragav Advertisement Company, through its Proprietor K.Balavenkata ...
Court: Chennai Madurai
Decided on: Nov-09-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree passed in A.S.No.5 of 2011 dated 24.09.2012 on the file of learned III Additional District and Sessions Judge, Tirunelveli confirming the judgment and decree passed in O.S.No.133 of 2007, dated 30.07.2010 on the file of the learned Principal Subordinate Judge, Tirunelveli.) 1. This Second Appeal has been filed by the unsuccessful plaintiff in O.S.No.133 of 2007 on the file of the Principal Sub Court, Tirunelveli, for permanent injunction restraining the defendants from forcibly removing the advertisement boards mentioned in the suit schedule except under due process of law. The five permanent hoardings put up by the plaintiff / appellant at important locations within the jurisdiction of the respondent corporation are shown in the schedule. 2. It is the case of the plaintiff / appellant that the plaintiff / appellant is running an advertisement company in Tirunelveli and that the plai...
The Branch Manager, National Insurance Company Limited, Nagercoil Vs. ...
Court: Chennai Madurai
Decided on: Nov-09-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 29.01.2011 made in M.C.O.P.No.157 of 2009, on the file of the Motor Accident Claims Tribunal/Sub Court, Valliyoor.) The appellant/Insurance Company Limited has filed the present C.M.A(MD)No.851 of 2011, challenging the award passed in M.C.O.P.No.157 of 2009, dated 29.01.2011, on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Valliyoor. 2. The accident took place on 13.07.2009 and the claimant sustained grievous injuries all over the body and the fracture in the leg. The claimant filed the application for compensation before the Motor Accidents Claims Tribunal, Subordinate Court, Valliyoor. By considering the facts and circumstances of the case, the Tribunal awarded Rs.1,60,421/- towards total compensation. Against the award, the appellant/Insurance company preferred this appeal solely on the ground that the driver, who was driving the ve...
Divisional Manager, The Oriental Insurance Company Limited, Sivakasi V ...
Court: Chennai Madurai
Decided on: Nov-09-2016
(Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No.4 of 2012, dated 25.04.2013, on the file of the Motor Accidents Claims Tribunal-cum-Chief Judicial Magistrate, Virudhunagar District (Incharge), Srivilliputhur.) 1. The appellant/Oriental Insurance Company Limited has filed the present C.M.A(MD)No.1725 of 2013, challenging the award passed in M.C.O.P.No.4 of 2012, dated 25.04.2013, on the file of the Motor Accidents Claims Tribunal-cum-Chief Judicial Magistrate, Virudhunagar District (In-charge), Srivilliputhur. 2. The accident took place on 03.08.2008 at about 1.30 hours on Watrap - Srivilliputtur Road, near Rengappa Naickerpatti. It is a case of fatal accident and the deceased was travelling on the load van bearing Registration No.TN-65-9666 running from Koomapatti to Srivilliputtur, near Rengappa Naickerpatti. 3. The appellant/Insurance Company preferred the present appeal challenging the award passed by ...
M/s.Oriental Insurance Company Limited Vs. Ananthappan and Others
Court: Chennai Madurai
Decided on: Nov-09-2016
(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.815 of 2005, dated 19.12.2007, on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Tirunelveli.) 1. The appellant/Insurance Company Limited has filed the present C.M.A(MD)No.384 of 2010, challenging the award passed in M.C.O.P.No.815 of 2005, dated 19.12.2007, on the file of the Motor Accidents Claims Tribunal. Principal District Judge, Tirunelveli. 2. The learned counsel appearing for the appellant/Insurance Company fairly concedes that it is a case of pay and recovery and the accident took place on 24.03.2005 at about 5.40 p.m. at South Perumalpuram. It is a case of fatal accident and the deceased was about 19 years and he was a student at the time of accident. Considering the facts and circumstances of the case, the Tribunal awarded Rs.3,92,000/- towards total compensation, against which, the appellant/Insurance Company pr...
The Oriental Insurance Company Limited, Theni Vs. P. Kumar and Others
Court: Chennai Madurai
Decided on: Nov-09-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No.413 of 2003, dated 03.08.2012, on the file of the Motor Accidents Claims Tribunal-cum-Sub Court, Periyakulam.) 1. The appellant/Oriental Insurance Company Limited has filed the present C.M.A(MD)No.1101 of 2015, challenging the award passed in M.C.O.P.No.413 of 2003, dated 03.08.2012, on the file of the Motor Accidents Claims Tribunal-cum-Subordinate Court, Periyakulam. 2. The accident took place on 06.08.2002 at about 20.30 hours at Kombai to Thevaram Main Road. It is a case of wound at Chin Abrasion in the Right knee and the claimant filed the application for compensation before the Motor Accidents Claims Tribunal-cum-Subordinate Court, Periyakulam. Considering the facts and circumstances, the Tribunal passed an award on 03.08.2012, granting Rs.12,000/- in MCOP.No.413 of 2003. The appellant/Insurance Company preferred the present appeal solely on the ground ...
National Insurance Co. Ltd. Karur Vs. R. Veni and Others
Court: Chennai
Decided on: Nov-09-2016
(Prayer: C.M.A. filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and decree passed in M.A.C.T.O.P.No.741 of 2009 dated 19.01.2010 on the file of the Motor Accidents Claims Tribunal, I Additional District Judge, Coimbatore.) M. Duraiswamy, J. 1. Challenging the award dated 19.01.2010 passed in M.A.C.T.O.P.No.741 of 2005 on the file of the Motor Accident Claims Tribunal, (hereinafter referred to as the Tribunal ), I Additional District Court, Coimbatore, the Insurance Company has filed the above appeal. 2. The respondents 1 to 4 filed M.A.C.T.O.P.No.741 of 2005, claiming compensation to the tune of Rs.60,00,000/, for the death of one P.R.Ramesh, who is the husband of the 1strespondent and father of the minor respondents 2 and 3. The 4threspondent is the mother of the deceased P.R.Ramesh. 3.1. It is the case of the claimants that on 14.04.2004, the deceased Ramesh was riding a motor cycle bearing Registration No.TN37AF 0839 on Sarada Mill Road near IOB at Potha...
Century Fireworks, Represented by K. Ganesh Babu, Partner and Another
Court: Chennai
Decided on: Nov-09-2016
(Petitions filed under Sections 391 to 394 of the Companies Act, 1956 to sanction the Scheme of Amalgamation.) Common Order: 1. These company petitions are preferred under Sections 391 to 394 of the Companies Act, 1956 for sanctioning the scheme of amalgamation of a partnership firm comprising of eight (8) partners with the transferee company with effect from 01.04.2015. The scheme of amalgamation (in short scheme) is, appended as Annexure '4' to these petitions. 2. The petitioner in C.P.No.464 of 2015 is a firm, which is said to be an unregistered company, (in short the 'firm') and, the petitioner, in C.P.No.465 of 2015 is, the transferee company. 2.1. Pertinently, it is averred that the firm is an unregistered company under the provisions of Section 582(b) of the Companies Act, 1956 ( in short the '1956 Act'). 2.2. It is further asserted that an unregistered company is a "Company" for the purposes of Sections 391 and 393, as per the definition of the term "company", given in Section ...
Lombard Bank Malta, Rep. by its Power Agent M. Kumaresan Vs. M/s. IL a ...
Court: Chennai
Decided on: Nov-09-2016
(Prayer: Application filed under Order XIV Rule 8 of Original Side Rules, 1956, read with Section 9, 11(b) of Company Court Rules, 1959, to grant leave to the applicant to continue the suit proceedings in C.S.No.258 of 2002 pending on the file of Original Side, High Court, Madras.) 1. On behalf of non-applicant No.1/respondent No.1, notice is accepted by Mr.Neelakandan. 2. To be noted, non-applicant No.1/respondent No.1, is the original petitioning creditor. 3. Learned counsel, who appears for non-applicant No.1/respondent No.1, says that he does not wish to file a reply. 4. To be noted, the learned Official Liquidator (OL) has been arrayed, as non-applicant No.2/respondent No.2. 5. The Company in provisional liquidation is M/s.Best and Crompton Engineering Ltd. (in short BCEL ). 5.1. By virtue of this application, leave is sought by the applicant, to continue with its suit, filed against the company in provisional liquidation, i.e., BCEL, which is, represented by the learned OL and, a...
National Insurance Company Limited Vs. Mani and Others
Court: Chennai Madurai
Decided on: Nov-09-2016
(Prayer:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 20.06.2013 and made in M.C.O.P.No.51 of 2011, on the file of the Motor Accidents Claims Tribunal / Chief Judicial Magistrate, Nagercoil.) 1. The appellant/National Insurance Company Limited has filed the present C.M.A(MD)No.466 of 2015, challenging the award passed in M.C.O.P.No.51 of 2011, dated 20.06.2013, on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Nagercoil. 2. The accident took place on 11.09.2008 at about 12.30 hours near Sundaram Nair House at Mangalam. It is a case of injury and the claimant filed an application for compensation before the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Nagercoil. The Tribunal, considering the facts and circumstances of the case, awarded the compensation of Rs.1,92,180/- as total compensation to the claimant. The appellant/National Insurance Company came out with the presen...
M. Venkataswamy (Deceased) and Others Vs. Mythira Devi and Others
Court: Chennai
Decided on: Nov-09-2016
(Prayer :Civil Revision Petition is filed under Article 227 of the Constitution of India against the Order dated 06.01.2010 and made in I.A.No.5596 of 2007 in O.S.No.6075 of 2006 on the file of the learned II Additional Judge, City Civil Court, Chennai.) 1. This Civil Revision Petition is directed against the fair and decreetal order dated 06.01.2010 and made in the application in I.A.No.5596 of 2007 in the suit in O.S.No.6075 of 2006 on the file of the learned II Additional Judge, City Civil Court, Chennai. 2. The revision petitioners herein are the defendants 3 and 5 in the suit whereas the 1st respondent herein is the plaintiff and the respondents 2 and 3 are the defendants 2 and 4 respectively. 3. The 1st respondent had filed the above said suit in O.S.No.6075 of 2006 as against the revision petitioners as well as the respondents 2 and 3 herein seeking the relief of partition in respect of her 1/5th share in the suit property. This suit was resisted by the revision petitioners and ...