Chennai Court November 2016 Judgments
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C. Kalaiselvi Vs. T. Sankaraswamy
Court: Chennai Madurai
Decided on: Nov-08-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, praying to reverse and set aside the judgment and decree dated 12.08.2010 passed by the District Judge, Kanyakumari @ Nagercoil in A.S.No.30 of 2006 in reversing the judgment and decree of Principal Sub Judge, Nagercoil, dated 29.09.2005 in O.S.No.115 of 2004.) 1. The plaintiff in the suit in O.S.No.115 of 2004 on the file of the Principal Sub Court, Nagercoil, is the appellant in this Second Appeal. The appellant filed a suit for specific performance of an agreement of sale dated 11.09.2001. 2. The case of the plaintiff / appellant as per the plaint are summarised as follows: 2.1. The suit property measuring an extent of ten cents as described in the plaint belongs to the defendant. On 11.09.2001 the plaintiff / appellant and the defendant / respondent entered into an agreement of sale in respect of the suit property. As per the agreement, the total sale consideration for the entire suit property was Rs.2,50,000/-...
The Oriental Insurance Co. Ltd., Through its Divisional Manager, Tirun ...
Court: Chennai Madurai
Decided on: Nov-08-2016
(Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No.1565 of 2007, dated 17.12.2009, on the file of the Motor Accidents Claims Tribunal cum Principal District Judge, Tirunelveli.) The appellant/Oriental Insurance Company Limited has filed the present C.M.A(MD)No.863 of 2010, challenging the award passed in M.C.O.P.No.1565 of 2007, dated 17.12.2009, on the file of the Motor Accidents Claims Tribunal-cum-Principal District Judge, Tirunelveli. 2. It is an unfortunate a case of fatal accident and the heirs of the deceased filed the petition claiming compensation. Considering the facts and the circumstances of the case, the Motor Accidents Claims Tribunal awarded Rs.1,90,000/- as total compensation. 3. The learned counsel appearing for the appellant contended that the present appeal is filed mainly on the ground that the driver, who was driving the vehicle was not possessed a valid driving licence. Therefore, the a...
Dhanakodi and Others Vs. The Commissioner, Andanallur Panchayat Union, ...
Court: Chennai Madurai
Decided on: Nov-08-2016
(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents 1 and 2 from putting up any constructions in the lands situate at S.F.No.155/4, S.F.No.155/7 and in S.F.No.156 in Chinakarauppur Village, Srirengam Taluk, Tiruchirappalli District and to remove the unauthorized structures already put up by the respondents.) 1. Learned counsel appearing for the petitioner seeks permission of this court to withdraw this writ petition and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is also dismissed....
I. Kezhson Vs. The Director, Rural Development and Panchayat Raj, Gove ...
Court: Chennai Madurai
Decided on: Nov-08-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the Tender Notice No.DIPR/3550/Tender/2016, dated 31.08.2016 under the Rural Development and Panchayat Raj Department Tamil Nadu Rural Roads Improvement Scheme ( TNRRIS ) on the file of the 1st respondent and quash the same and consequently direct the first respondent to conduct a fresh tender by calling for fresh notification.) 1. Challenging the tender notification issued by the first respondent dated 31.08.2016 inviting e-Bids from the prospective bidders for repairing roads in 31 Districts in Tamil Nadu, the present writ petition has been filed. 2. W.M.P(MD)Nos.14510 and 14363 of 2016 have been filed by the successful bidders in the above said tender process to implead them as party respondents in the writ petition and since they are proper and necessary parties, the above petitions are allowed and they have impleade...
Mariya Sebastian Kavitha Vs. L. Gaspar Raja
Court: Chennai Madurai
Decided on: Nov-08-2016
(Prayer:Petition filed under Section 24 of the Civil Procedure Code, to withdraw the case in I.D.O.P.No.21 of 2016 pending on the file of the Hon'ble District Judge, Salem and transfer the same to the file of the Hon'ble District Court, Ramanathapuram.) 1. The marriage between the petitioner and the respondent was solemnized on 24.01.2010 as per the Christian rites and rituals. The contention of the petitioner is that she left the matrimonial home, due to the dowry harassment of the respondent and now she is living separately at Kelakarai Taluk, Ramanathapuram District. The petitioner has filed I.D.O.P.No.5 of 2016, for Restitution of conjugal rights, which is pending before the Principal District Court, Ramanathapuram. The respondent has filed I.D.O.P.No.21 of 2016 for dissolving the marriage, which is also pending before the District Court, Salem. 2. The learned counsel appearing for the petitioner contended that the respondent is working at Chennai and residing there. Therefore, it ...
V. Padmanabha Kulasekara Doss @ P.K. Doss Vs. V. Sridharan
Court: Chennai
Decided on: Nov-08-2016
(Prayer: Applications filed under Order XIV Rule 8 of O.S.Rules r/w Order VI Rule 17 of the Code of Civil Procedure seeking permission to make the following amendments to the additional written statement, viz., (i) Application No.8172 of 2014 - to add the following amendment as para No.12 of the additional written statement, viz., the plaint should be rejected, in view of the fact Letters of Administration were issued by this Court vide its judgment dated 15th June 2010 in TOS No.34 of 2005 to the plaintiff for administering of all the legacies mentioned in the Will and the plaintiff ought to have sought for administration of all the legacies as ordered in the Will and not for the legacy conferred on the plaintiff alone", (ii) Application No.8173 of 2014 - to add the following amendment as para No.13 of the additional written statement, viz., the cause of action as stated in the plaint be not treated as cryptic as it fails to comply with Order VII Rule 11(a) of CPC, since the actual me...
Sundaramurthy Palaniappan @ S Palaniappan Vs. State Rep. by Addl. Supe ...
Court: Chennai
Decided on: Nov-08-2016
(Prayer: Criminal Revision Petition filed under Section 397 read with 401 Cr.P.C. against the order dated 12.01.2016 in Crl.M.P.No.5391 of 2014 in C.C.No.2 of 2012 on the file of XI Additional Sessions / Special Judge for CBI Cases relating to banks and Financial Institutions, Chennai.) 1. This petition is filed under Section 397 (1) of Cr.P.C., to set aside the order dated 12.01.2016 in Crl.M.P.No.5391 of 2014 in C.C.No.2 of 2012, passed by the learned XI Additional Sessions / Special Judge for CBI Cases, relating to banks and Financial Institutions, Chennai. 2. The petitioner is the 15th accused, who has preferred the present Criminal Revision Petition against the order dated 12.01.2016 in Crl.M.P.No.5391 of 2014 in C.C.No.2 of 2012, passed by the learned XI Additional Sessions / Special Judge for CBI Cases, relating to banks and Financial Institutions, Chennai. 3. The case of the prosecution in C.C.No.2 of 2012 is that the respondent, on completion of investigation in Crime No.RC 38...
Divisional Manager, The Oriental Insurance Company Limited Vs. Sivanes ...
Court: Chennai Madurai
Decided on: Nov-08-2016
(Prayer:-Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No.36 of 2007, dated 29.11.2008, on the file of the Motor Accidents Claims Tribunal cum Chief Judicial Magistrate, Tuticorin.) 1. The appellant/Oriental Insurance Company Limited has filed the present C.M.A(MD)No.370 of 2009, challenging the award passed in M.C.O.P.No.36 of 2007, dated 29.11.2008, on the file of the Motor Accidents Claims Tribunal-cum-Chief Judicial Magistrate, Tuticorin. 2. It is a case of grievous injury and the claimant filed the application for compensation. Considering the facts and the circumstances of the case, the Tribunal awarded Rs.3,72,900/- as total compensation. 3. The contention of the learned counsel appearing for the first respondent / claimant is that the lorry insured with the first respondent dashed with the Ambassador Car in which the respondent / claimant was travelling. Considering the facts and the circumstances of the cas...
Shanmugavel Nadar (Died) and Another Vs. Kalayana Devadasan and Others
Court: Chennai Madurai
Decided on: Nov-08-2016
(Prayer:Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 12.07.2002 made in A.S.No.12 of 1999 on the file of the Sub-Court, Ambasamudram, confirming the Judgment and decree dated 21.12.1998, made in O.S.No.535 of 1992 on the file of the District Munsif Court, Ambasamudram.) 1. This Second Appeal has been filed against the judgment and decree dated 12.07.2002 made in A.S.No.12 of 1999 on the file of the Sub-Court, Ambasamudram, confirming the Judgment and decree dated 21.12.1998, made in O.S.No.535 of 1992 on the file of the District Munsif Court, Ambasamudram. 2. The first defendant, who lost in the Courts below, is the appellant. The first respondent is the plaintiff. He filed the suit in O.S.No.535 of 1992, for specific performance. The respondents 2 and 3 are the daughters and wife of the first defendant. Pending appeal, the appellant/first defendant and the third respondent died. By order dated 16.03.2016, the second respondent...
The Oriental Insurance Company Ltd., Rep. by its Branch Manager, Malik ...
Court: Chennai Madurai
Decided on: Nov-08-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No.162 of 2001, dated 18.11.2005, on the file of the Motor Accidents Claims Tribunal-cum-Principal Sub Judge, Nagercoil.) Judgment: 1. The appellant/Oriental Insurance Company Limited has filed the present C.M.A(MD)No.26 of 2010, challenging the award passed in M.C.O.P.No.162 of 2001, dated 18.11.2005, on the file of the Motor Accidents Claims Tribunal-cum-Principal Subordinate Judge, Nagercoil. 2. The ground, on which the Civil Miscellaneous Appeal, is filed mainly that no disability certificate was filed before the Tribunal to establish the nature of disability of the respondent / claimant. 3. It is a case of injury and the claimant is a Home-maker. The role of a housewife includes managing budgets, co-ordinating activities, balancing accounts, helping children with education, managing help at home, nursing care, etc. One formula that has been arrived at deter...