Chennai Court November 2016 Judgments
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N.K. Abubacker Vs. Dr. A.K. Zainuddin (Deceased) and Others
Court: Chennai
Decided on: Nov-09-2016
(Prayer: This appeal is filed under Section 96 of C.P.C. Against the judgement and decree dated 05.01.1994 passed in O.S.No.9345 of 1988. Prayer in A.S.No.255 of 1994 This appeal is filed under Section 96 of C.P.C. against the judgement and decree dated 5.1.1994 passed in O.S.No.2722 of 1988 on the file of IV Asst. City Civil Court, Madras. Prayer in Tr.A.S.No.249 of 2006 This appeal is filed under Order 41 Rule 1 C.P.C. Against the decree and judgment of IV Assistant Judge, City Civil Court, Madras dated 5.1.1994 in O.S.No.8094 of 1998. Prayer in Tr.A.S.No.250 of 2006 This appeal is filed under Order 41 Rule 1 C.P.C. Against the decree and judgment of IV Asst. Judge, City Civil Court, Madras dated 5.1.1994 in O.S.No.2563 of 1988.) 1. All the above appeals arise out of the O.S.Nos.9345 of 1988; O.S.No.2722 of 1988; O.S.No.8094 of 1998 and O.S.No.2563 of 1988 on the file of the IV Assistant, City Civil Court, Chennai as all the suits were disposed of by a common judgment dated 5.1.1994....
Esu @ Essaiyya Vs. State Rep. by Inspector of Police, Patabiram Police ...
Court: Chennai
Decided on: Nov-09-2016
(Prayer: Criminal Appeal filed to set aside the Judgment of the Additional District and Sessions Court, Fast Track Court No.III, Thiruvallur in S.C.No.59/2009, dated 28.12.2011.) 1. The Criminal Appeal has been filed to set aside the Judgment and order of the Additional District and Sessions Court, Fast Track Court No.III, Thiruvallur in S.C.No.59/2009, dated 28.12.2011. 2. The appellant herein is the accused in in S.C.No.59 of 2009 on the file of the learned Additional District and Sessions Judge, Fast Track Court No.III, Thiruvallur. The Trial Court had framed the charges against the accused for the offences under Section 376 of IPC. By Judgment dated 28.12.2011, the Trial Court convicted him under the charges framed against him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.5000/-, in default, to undergo six months rigorous imprisonment for the offences u/s.376 of IPC. The period of sentence already undergone by the accused was set off u/s.428 of Cr.P.C. Challe...
The Managing Director, The Tamil Nadu State Transport Corporation Limi ...
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 and decreetal order dated 24.09.2003 and made in M.C.O.P.No.1119 of 2002, on the file of the Motor Accidents Claims Tribunal (Principal Sub Judge) Tirunelveli.) 1. The learned counsel appearing for the appellant represented that the case was already settled before the Lok Adalath and the learned counsel appearing for the appellant has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel appearing for the appellant, this Civil Miscellaneous Appeal is dismissed as settled in Lok Adalath. No costs. Connected miscellaneous petition is closed....
M. Chinnadurai Vs. The State rep. by the Inspector of Police, Namakkal ...
Court: Chennai
Decided on: Nov-09-2016
(Prayer: This Criminal revision is filed under Section 379 and 401 of Cr.P.C., against the judgment made in C.A.No.60 of 2009, dated 28.9.2010 on the file of the Principal Sessions Judge, Namakkal confirming the conviction and sentence awarded by the Assistant Sessions Judge, Rasipuram in S.C.No.48 of 2008, dated 5.12.2008.) The sole accused in the Sessions case in S.C.No.48 of 2008 on the file of the learned Assistant Sessions Judge, Rasipuram, Namakkal district is the revision petitioner. 2. The prosecution alleged that on 29.4.2008 at about 1.30 a.m. near burial ground in Kattanchampatty village, the accused has robbed Rs.200/- from P.W.1 at knife point and committed an offence under Section 392 r/w 397 I.P.C. P.W.1 lodged the complaint with P.W.5, S.I. of Police. P.Ws.2 and 3 were examined as ocular witnesses. Investigation has been done by P.W.6 Inspector of Police. 3. To substantiate the charges, prosecution examined P.Ws.1 to 6 marked Ex.P1 to 5 and exhibited M.Os.1 and 2. 4. Ap...
Rajkumar T. Menda Vs. S. Kesavaraj
Court: Chennai
Decided on: Nov-09-2016
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the proceedings in Crime No.382 of 2010 pending on the file of the Judicial Magistrate No.3, Salem in so far as it relates to the petitioner herein.) 1. This Criminal Original Petition has been filed under Section 482 Cr.P.C, praying to call for the records and quash the proceedings in C.C.No.382 of 2010 pending on the file of the Judicial Magistrate No.III, Salem in so far as it relates to the petitioner herein. 2. It is averred in the petition that the respondent/complainant filed a private complaint alleging that Suresh Menda and the petitioner Rajkumar T.Menda as Directors of M/s. Presidium Constructions (Coimbatore) Pvt., Ltd., approached the respondent/complainant and availed loan of Rs.14,50,000/- on 05.01.2009. In discharging of the said loan, the company issued five cheques for different amounts, two cheques on 05.06.2009; other two cheques on 06.06.2009 and the fifth cheque ...
The Branch Manager, The New India Assurance Co. Ltd., Chennai Vs. Aroc ...
Court: Chennai Madurai
Decided on: Nov-09-2016
1. The appellant/Insurance Company Limited has filed the present C.M.A(MD)No.629 of 2009, challenging the award passed in M.C.O.P.No.185 of 2006, dated 14.11.2008, on the file of the Motor Accidents Claims Tribunal, (III Additional Subordinate Court), Trichy. 2. It is a case of an accident took place on 17.06.2005 at about 17.15 hours at Aravakkudi South near Chockalingam Well. During the accident, the deceased sustained multiple grievous injuries on vital parts of the body and died instantly. 3. The heirs filed the claim petition before the III Additional Subordinate Court, Trichy, in MCOP.No.185 of 2006. The Motor Accident Claims Tribunal considering the facts and circumstances of the case and awarded Rs.4,16,375/- towards total compensation. 4. The appellant/Insurance Company preferred this appeal solely on the ground that the driver, who was driving the vehicle was not having valid driving licence and therefore the appellant/Insurance Company is not liable to pay any compensation t...
Dr. S. Revwathy Vs. The Government of Tamil Nadu, Represented by its P ...
Court: Chennai Madurai
Decided on: Nov-09-2016
M. Sathyanarayanan, J. 1. By consent, the writ appeal is taken up for final disposal. 2. The appellant is the writ petitioner in W.P(MD)No.6790 of 2016 and she made a challenge as to the appointment of the third respondent as the Director of Medical Education and it has ended in failure in the form of dismissal of the writ petition on 01.09.2016 and hence, this writ appeal. 3. The facts leading to the filing of this writ appeal relevant for the purpose of disposal of this writ appeal and briefly narrated, are as follows: 3.1. The appellant/writ petitioner would state that after successfully completing M.B.B.S., Degree, she joined the Tamil Nadu Government Medical Service in the year 1987 and rendered her services as Medical Officer in the Government Primary Health Centre till 1991 and she did her Doctor of Medicine (M.D., Degree) in Obstetrics and Gynecology, in the year 1988-1990 at Madurai Medical College and passed with University Rank in the year 1990 and thereafter, continued as M...
Mohamed Jamaludin Vs. T. Shayamala
Court: Chennai
Decided on: Nov-08-2016
(Prayer: Civil Revision Petitions filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 against the judgment and decree dated 16.10.2014 made in R.C.A.Nos.1 and 17 of 2011 on the file of the Subordinate Judge, Tambaram confirming the judgment and decree dated 23.03.2010 and 12.04.2010 made in R.C.O.P.No.11 of 2007 and 2 of 2007 on the file of the Principal District Munsif Court, Alandur. Common Order: 1. C.R.P.(NPD).No.3481 of 2015 has been filed by the tenant challenging the judgment and decree passed in R.C.A.No.1 of 2011 on the file of the Rent Control Appellate Authority, Subordinate Court, Tambaram, confirming the order passed in R.C.O.P.No.11 of 2007 on the file of the Rent Controller, Principal District Munsif Court, Alandur. 2. Challenging the judgment and decree passed in R.C.A.No.17 of 2011 on the file of the Rent Control Appellate Authority, Subordinate Court, Tambaram, confirming the order passed in R.C.O.P.No.2 of 2007 on the file of the Ren...
M/s. Abab Offshore Ltd., Rep., by its Vice President-Finance, Chennai ...
Court: Chennai
Decided on: Nov-08-2016
1. The petitioner is a company incorporated under the Indian Companies Act, engaged in the business of providing oil field services to various offshore exploration and production companies in India and abroad. 2. In this Writ Petition, the petitioner seeks for issuance of a Writ of Certiorari, to quash the notice issued by the respondent under Section 148 of the Income Tax Act, 1961, (Act), dated 31.03.2015, relating to the assessment year 2008-09. 3. Mr.G.Baskar learned counsel for Ms.S.Sriniranjani, learned counsel appearing for the petitioner challenges the impugned proceedings on two grounds, firstly on the ground that the impugned proceedings is beyond the period of limitation and therefore, is without jurisdiction. Secondly, it is contended that in the absence of any allegation of suppression, the question of reopening the assessment does not arise, nor the extended period of limitation could be invoked. In this regard, the learned counsel referred to the first proviso under Sect...
The Oriental Insurance Company Ltd. PLA Building, No.12A, Covai Road, ...
Court: Chennai Madurai
Decided on: Nov-08-2016
Judgment: 1. The appellant/Oriental Insurance Company Limited has filed the present C.M.A(MD)No.142 of 2010, challenging the award passed in MCOP.No.185 of 2004, dated 31.08.2009, on the file of the Motor Accidents Claims Tribunal-cum-Principal District Judge, Thoothukudi. 2. It is a case of fatal accident, which took place on 23.08.2003 at about 7.45 p.m. near Abirami Timbers, Thiruchendur Main Road, Muthaiapuram. 3. The legal heirs of the deceased filed the claim petition before the Motor Accidents Claims Tribunal-cum-Principal District Court, Thoothukudi, in MCOP.No.183 of 2004. Considering the facts and circumstances of the case, the Tribunal awarded Rs.5,53,000/- as compensation, against which, the appellant / Insurance Company has preferred the present appeal. Challenging the award mainly on the ground that the contributory negligence is on the part of the person, who was driving the vehicle, therefore 20% is fixed for contributory negligence, because the vehicle hit from the bac...