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Chennai Court November 2016 Judgments

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Nov 07 2016

D. Durai Vs. The District Registrar, Office of the Registrar, Ramanath ...

Court: Chennai Madurai

Decided on: Nov-07-2016

(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents Nos.1 and 2 from registering any document through the third respondent with regard to the property comprised in Old S.No.40/4A, New T.S.No.2/3A, Ward, F, Block-1, and to an extent about 45 cents and Old S.No.40/4A, New T.S.No.2/3C, Ward-F, Block-1, situates at Kattuparamakudi, Paramakudi Taluk, Ramanathapuram District an extent about 30 cents by considering the petitioner's representation dated 31.08.2016 and for other relief.) 1. The petitioner seeks for a Mandamus forbearing the respondents Nos.1 and 2 from registering any document through the third respondent with regard to the property comprised in Old S.No.40/4A, New T.S.No.2/3A, Ward, F, Block-1, and to an extent about 45 cents and Old S.No.40/4A, New T.S.No.2/3C, Ward-F, Block-1, situates at Kattuparamakudi, Paramakudi Taluk, Ramanathapuram District an extent about 30 cents by considering his represen...


Nov 07 2016

B. Amutha Vs. Anandhi Sankara Narayanan

Court: Chennai

Decided on: Nov-07-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the Order and Decretal Order in I.A. No.1471 of 2012 in O.S. No.121 of 2012 dated 4.7.2013, on the file of the Principal District Munsif Court at Poonamallee.) 1. The Plaintiff in O.S. No.121 of 2012 is the Revision Petitioner before this Court. Challenging the Order passed by the learned Principal District Munsif, Poonamallee in I.A. No.1471 of 2012 in O.S. No.121 of 2012, rejecting the request made by the Petitioner for appointing an Advocate Commissioner and directing him to inspect the Suit property, measure the same, note down the physical features, with the help of respective Taluk Surveyors and submit his Report along with Rough Sketch in the said O.S. No.121 of 2012. 2. The case of the Plaintiff is that she has purchased the Suit schedule of property situated at Thundalam Village, comprised in S. No.64 of 1, Ambattur Taluk, Thiruvallur District, measuring to an extent of 1062 sq. ft. f...


Nov 04 2016

B. Nagaraj Vs. Green Earth Biotechnologies Limited

Court: Chennai

Decided on: Nov-04-2016

(Prayer:Civil Revision Petition filed under Article 227 of the Constitution of India, against the order of the District Consumer Disputes Redressal Forum, Dharmapuri at Krishnagiri dated Nil in Unnumbered Application S.R.No.369 of 2008 in C.O.P.No.33 of 2008.) 1. The revision petitioner is the complainant in C.O.P.No.33 of 2008, on the file of the District Consumer Disputes Redressal Forum, Dharmapuri at Krishnagiri, since he did not appeared before the Forum on 06.06.2008 and the same was dismissed for default. Against which, the present petition has filed in I.A. unnumbered application S.R.No.369 of 2008 in C.O.P.No.33 of 2008, on the file of the District Consumer Disputes Redressal Forum, Dharmapuri at Krishnagiri to restore the C.O.P.No.33 of 2008 on file, which was dismissed for default on 06.06.2008. 2. But the District Consumer Disputes Redressal Forum, Dharmapuri at Krishnagiri has returned the unnumbered application stating that there is no power vested with the Forum to set a...


Nov 04 2016

Muthulakshmi Vs. Maruthu

Court: Chennai Madurai

Decided on: Nov-04-2016

(Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of Civil Procedure Code to withdraw and transfer the case in H.M.O.P.No.52 of 2016 pending on the file of Family Court, Sivagangai to any other competent Court at Madurai pending disposal of the above Transfer Civil Miscellaneous Petition.) 1. The present petition seeking transfer is filed under Section 24 of C.P.C. to withdraw and transfer the case in H.M.O.P.No.52 of 2016 pending on the file of Family Court, Sivagangai to any other competent Court at Madurai. 2. The marriage between the petitioner and the respondent was solemnized on 13.01.1989 as per Hindu Rites and Customs. Out of wedlock, two male children were born on 13.05.1999 and 10.03.2004 respectively. The contention of the petitioner is that the respondent failed to maintain the petitioner as well as her minor children and she was forced to relieve the matrimonial home at the instance of the respondent and now she live with her parents. The pet...


Nov 04 2016

The Branch Manager, ICICI Bank Limited, Kottar, Nagercoil Vs. N. Navee ...

Court: Chennai Madurai

Decided on: Nov-04-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the executable order passed in E.A.No.26 of 2013 in C.C.No.73 of 2005, dated 6.10.206, on the file of the District Consumer Redressal Forum, Kanyakumari District.) 1. The learned counsel for the Petitioner seeks permission of this Court to withdraw this Civil Revision Petition and has also made an endorsement to that effect. 2. In view of the same, the Civil Revision Petition is dismissed as withdrawn. Consequently, connected Miscellaneous Petition is dismissed. No costs....


Nov 04 2016

B. Amutha Vs. Anandhi Sankara Narayanan

Court: Chennai

Decided on: Nov-04-2016

M.V. Muralidaran, J. 1. The plaintiff in O.S. No. 121 of 2012 is the revision petitioner before this Court. Challenging the order passed by the learned Principal District Munsif, Poonamallee in I.A. Noo.1471 of 2012 in O.S. No. 121 of 2012, rejecting the request made by the petitioner for appointing an Advocate Commissioner and directing him to inspect the suit property, measure the same, note down the physical features, with the help of respective Taluk Surveyors and submit his report along with rough sketch in the said O.S. No. 121 of 2012. 2. The case of the plaintiff is that she has purchased the suit schedule of property situated at Thundalam Village, comprised in S. No. 64/1, Ambattur Taluk, Thiruvallur District, measuring to an extent of 1062 sq. ft. from (1) K. Ramu, (2) K. Babu and (3) K. Shanmugam, who are residing at No. 50, Perumal Koil street, Numbal, Chennai-77, have executed a General Power of Attorney in favour of K. Venkatesan S/o Late.Kathirvelu, residing at No. 9, Ka...


Nov 04 2016

Jeyalakshmi Vs. Selvaraj

Court: Chennai

Decided on: Nov-04-2016

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 15.12.2009 passed in A.S.No.95 of 2007 by the learned II Additional Subordinate Judge, Villupuram, reversing the judgment and decree dated 21.12.2005 passed in O.S.No.35 of 2005 by the Learned I Additional District Munsif, Tirukoilur decreeing the above suit.) 1. The plaintiff has impugned the judgement and decree dated 15.12.2009 passed in A.S.No.95 of 2007 on the file of the Second Additional Subordinate Court, Villupuram, reversing the judgement and decree dated 21.12.2005 passed in O.S.No.35 of 2005 on the file of the First Additional District Munsif Court, Thirukovilur. 2. The suit has been laid for Declaration, Recovery of Possession and Mandatory Injunction. 3. The avernments in the plaint in brief are narrated as follows; The suit property originally belonged to one Munian as his separate property and he died intestate leaving his three sons Annamalai, Kattaiyan and ...


Nov 04 2016

N. Kandasamy and Others Vs. G.R. Sampath and Others

Court: Chennai

Decided on: Nov-04-2016

(Prayer: This Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment dated 19.02.2013, made in MCOP.No.353 of 2009, on the file of the Motor Accident Claims Tribunal, Principal District Judge, Erode.) 1. Aggrieved by the award dated 19.02.2013, made in MCOP.No.353 of 2009, on the file of the Motor Accident Claims Tribunal, Principal District Judge, Erode, the appellants/claimants have preferred the present appeal seeking for enhancement of the compensation. 2. On 16.02.2009 at about 8.45 a.m., while the deceased Tamilamuthan was riding the motorcycle bearing Registration No.TN-33-AL-5014 along with one pillion rider Palanisamy, near Kallankadu, a bus bearing Registration No.TN-37-S-9192 belonging to the second respondent and insured with the third respondent, driven by the first respondent-driver in a rash and negligent manner dashed against the deceased and as a result, the deceased and the pillion rider were fell down and while on the way t...


Nov 04 2016

I. Krishniah Vs. Michael Raj and Another

Court: Chennai Madurai

Decided on: Nov-04-2016

(Prayer: - Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908, to set aside the decree and judgment dated 15.03.2014 rendered in A.S.No.2 of 2013 on the file of the Subordinate Judge at Padmanabhapuram, confirming the decree and the judgment dated 30.11.2012 rendered in O.S.No.153 of 2005 on the file of the Principal District Munsif of Eraniel.) The plaintiff is the appellant in the second appeal. The appellant/plaintiff filed a suit in O.S.No.153 of 2005 on the file of the Principal District Munsif Court, Eraniel, for declaration of the plaintiff's title over the suit schedule property and for recovery of the suit property from the first defendant. The suit is also for permanent injunction restraining the defendants from interfering with the plaintiff's right of way through/over the plaint schedule property or from altering the physical features of the plaint schedule property. The suit property is an extent of 3 cents in Survey No.91 in Eraniel village whic...


Nov 04 2016

Mahamani and Others Vs. State rep. by the Inspector of Police, Serntha ...

Court: Chennai Madurai

Decided on: Nov-04-2016

(Prayer: Criminal Appeals filed under Section 374(2) of Cr.P.C. against the judgment, dated 12.10.2015, made in S.C.No.406 of 2009, on the file of the IVth Additional Sessions Judge, Tirunelveli. Criminal Appeal filed under Section 372 of Cr.P.C. against the judgment, dated 12.10.2015, made in S.C.No.406 of 2009, on the file of the IVth Additional Sessions Judge, Tirunelveli.) Common Judgment: S. Nagamuthu, J. The appellants in Criminal Appeal (MD).Nos.300 of 2015 and 304 of 2015 are the accused Nos.1 and 2 respectively in S.C.No.406 of 2009 on the file of the learned IVth Additional Sessions Judge, Tirunelveli. There were two other accused arrayed as accused Nos.3 and 4, who are respondents 4 and 5 in Crl.A.(MD).No.49 of 2016. The trial Court framed as many as seven charges against all the accused as detailed below: Charge No.AccusedOffence U/s.1A1U/s.294(b) IPC2A1U/s.307 IPC3A2, A3 and A4U/s.307 r/w 34 IPC4A3 and A4U/s.324 IPC5A1U/s.324 r/w 109 IPC6A2U/s.302 IPC7A1, A3 and A4U/s.302 ...


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