Chennai Court November 2016 Judgments
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St. Lucia's Primary School, Run by its Correspondent, Tuticorin Distri ...
Court: Chennai Madurai
Decided on: Nov-04-2016
(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the second respondent in his proceedings in Na.Ka.No.6573/A4/2001, dated 23.12.2011 insofar as the petitioner school is concerned and the consequential order passed by the third respondent in his proceedings in Na.Ka.No.491/A1/11 dated 04.05.2012 and quash the same, and direct the respondents to approve the appointment of Mrs.C.Nasren Rubha, Secondary Grade Teacher and confer all the consequential benefits.) Order: 1. The writ petition has been filed for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the second respondent in his proceedings in Na.Ka.No.6573/A4/2001, dated 23.12.2011, insofar as the petitioner school is concerned and the consequential order passed by the third respondent in his proceedings in Na.Ka.No.491/A1/11, dated 04.05.2012, and quas...
R. Rajachandrasekaran Vs. The Tamil Nadu State Transport Corporation ( ...
Court: Chennai Madurai
Decided on: Nov-04-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to settle the petitioner's surrender leave salary of Rs.42,638/- for 45 days from 2010-2013 together with interest at the rate of 18% per annum payable from the date of retirement to till the dated of actual payment.) 1. This writ petition has been filed, seeking to direct the respondents to settle the petitioner's surrender leave salary of Rs.42,638/- for 45 days from 2010-2013 together with interest at the rate of 18% per annum payable from the date of retirement to till the dated of actual payment. 2. The case of the petitioner is that he joined the service of the 1st respondent Corporation as Security Guard with effect from 18.01.1980 and after periodical promotion, he was promoted as Security Officer Incharge and retired from service on 30.06.2013; that his earned leave salary of approximately Rs.42,638/- (for 45 days) has not been disbursed ...
The Divisional Manager, The New India Assurance Company Limited and An ...
Court: Chennai Madurai
Decided on: Nov-04-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree in M.C.O.P.No.5031 of 2013 dated 16.10.2015, on the file of the Motor Accident Claims Tribunal Special District Judge, Trichy.) 1. The accident took place on 15.02.2009 at about 13.40 hours at Thuraiyur Trichy Road, near Devi Gas Company. Unfortunately, it is a case of fatal accident and the parents of the deceased are the claimants, who filed the claim petition in M.C.O.P.No.5031 of 2013 before the file of the Motor Accident Claims Tribunal Special District Judge, Trichy. Considering the facts and circumstances of the case, the Tribunal awarded the total compensation of Rs.8,60,000/- (Rupees Eight Lakhs and Sixty Thousand only) as compensation to the claimants and the present appeal is filed by the New India Assurance Company Limited solely on the ground that it is a case of 'No Driving Licence' and therefore, 'pay and recovery' is to be ordered. 2. The findings of the Tribunal are...
K. Balaji Sundaram Vs. The Chief Controlling Revenue, Authority/Inspec ...
Court: Chennai
Decided on: Nov-04-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling the records of the proceedings of the 2nd respondent herein in his proceedings in Na.Ka.C.Pa.No.A3/423/2001 dt.17.2.2010 received on 22.2.2010 and quash the same and consequently directing the respondent herein to issue treasury chellan for the payment of difference in stamp duty in respect of Document No.2956/01 to 2959/01 for a sum of Rs.3 13 769/- in respect of each document thereby permitting the petitioner to pay stamp duty without interest pursuant to the order of the 1st respondent in his proceedings in Pa.Mu.No.66998/N5/04 dt.22.1.2010 passed afresh u/s 47A(4) Indian Stamp Act pursuant to the direction of Honble High Court in C.M.A.No.1019 of 2004 dt.6.4.2009.) 1. The prayer in the writ petition is for a Certiorarified Mandamus calling the records of the proceedings of the 2nd respondent herein in his proceedings in Na.Ka.C.Pa.No.A3/423/2...
K. Kumarasamy Vs. N. Thangammal and Others
Court: Chennai Madurai
Decided on: Nov-04-2016
(Prayer in C.R.P(PD)(MD)No.1919 of 2016: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the fair and decretal order made in I.A.No.310 of 2016 in O.S.No.129 of 2009, dated 16.09.2016, on the file of the Principal Sub-Court, Nagercoil. Prayer in C.R.P(PD)(MD)No.1920 of 2016: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the fair and decretal order made in I.A.No.277 of 2016 in O.S.No.159 of 2009, dated 16.09.2016, on the file of the 2nd Additional Sub-Court, Nagercoil.) Common Order 1. It is represented by learned counsels appearing for both parties that the Special Leave Petitions filed by the revision Petitioner in S.L.P.Nos.11592-11593 of 2016 against the impugned final orders passed by this Court in C.R.P.No.2546 of 2010 and C.R.P.No.2607 of 2010 and R.A.No.100 of 2015 and R.A.No.101 of 2015, dated 11.3.2015, are dismissed by the Honourable Supreme Court on ...
Chandra Soundarapandian Vs. State of Tamil Nadu, Represented by Secret ...
Court: Chennai
Decided on: Nov-04-2016
N. Authinathan, J. 1. The Executive Engineer and the Administrative Officer, Tamil Nadu Housing Unit, Tirunelveli, has sent the land plan and schedule for acquisition of an extent of 120.07 acres of dry lands in S.No. 122/1A etc. in Block No. II of Sankaraperi Village, Tuticorin Taluk, Tuticorin District, for the construction of houses for the Economically Weaker Section, Lower Income Group, Middle Income Group and Higher Income Group under Neighbourhood Scheme. The total extent of land applied by the Department has been divided into 3 convenient Blocks. In this case, we are concerned with the Block No. II, an extent of 61.15 acres comprised in S.No. 122/1A etc. 2. The Draft Notification under Section 4(1) of the Land Acquisition Act for Block II, Sankaraperi Village, was approved in G.O.Ms. No. 631, Housing and Urban Development Department, dated 26.06.1985 and published in Tamil Nadu Government Gazette Part II, Section 2, dated 10.07.1985. The Notification was also published in "The ...
A. Ramanathan and Another Vs. Gandhi Others
Court: Chennai
Decided on: Nov-03-2016
(Prayer: Memorandum of Grounds of Civil Miscellaneous Appeals under Section 30 of the Employees Compensation Act, 1923, against the final awards dated 12.01.2009 and 03.02.2010 made in E.C.Nos.001 of 2007 and 75 of 2008 respectively on the file of the Commissioner for Employees Compensation (Deputy Commissioner of Labour-II), Chennai.) 1. In both these appeals, a common question of law has arisen as to what is the actual date for accrual of interest on the compensation arrived at under the Employees Compensation Act, whether it falls due after thirty days from the date of accident or only after thirty days from the date of determination/adjudication of the compensation/claim? 2. Heard the learned counsel for the parties. 3. The appellant in C.M.A.No.35 of 2014, Mr.A.Ramanathan, aged about 30 years, was engaged by the first respondent as Driver of the Swaraj Mazda lorry bearing Registration No.TN 21 Q 8852 and while he was on duty on 23.11.2006, the said vehicle met with an accident nea...
K.G. Rajendran Vs. Kusum Latha
Court: Chennai
Decided on: Nov-03-2016
(Prayer: Application filed under Order XIV Rule 8 of O.S.Rules r/w Section 5 of the Limitation Act to condone the delay of 648 days in filing the application to set aside the exparte decree dated 30.10.2013 passed in C.S.No.51 of 2012.) 1. This application has been filed by the applicant/defendant seeking to condone the delay of 648 days in filing the application to set aside the exparte decree dated 30.10.2013 passed in C.S.No.51 of 2012. 2. The suit is one for specific performance. 3. It is stated by the applicant, in the affidavit filed in support of this application, that though the written statement has been filed by the counsel engaged by him and the same was returned for compliance, it could not be complied with and represented on time. The reason stated is that the counsel engaged by the applicant had fallen sick and he could not continue his profession. Thereafter, the papers were collected from the erstwhile counsel and a new counsel was engaged. 4. In the additional affidavi...
K. Muthuvalli and Another Vs. Manivasagam
Court: Chennai Madurai
Decided on: Nov-03-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the judgement and decree passed in C.M.a.No.13 of 2011 dated 4.10.2012, on the file of Sub-Court, Pudukkottai confirming the fair and decretal order made in I.A.No.432 of 2010 in O.S.No.189 of 2010, dated 6.7.2011, on the file of the District Munsif-cum-Judicial Magistrate, Thirumayam.) 1. The learned counsel for the Petitioners seeks permission of this Court to withdraw the 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 Petitions are dismissed. No costs....
M. Ganesan Vs. Muthu Bhuvaneswari
Court: Chennai Madurai
Decided on: Nov-03-2016
(Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw E.P.No.168 of 2013 pending before Sub Court, Dindigul and to transfer the same to the file of 3rd Additional Subordinate Judge, Madurai to be tried along with I.A.No.92 of 2015 in H.M.O.P.No.229 of 2010 and H.M.O.P.No.544 of 2013 and H.M.O.P.No.23 of 2015.) 1. The present petition for transfer is filed to transfer E.P.No.168 of 2013 pending before the Subordinate Court, Dindigul to the III Additional Subordinate Court, Madurai. 2. The facts in nutshell is that the marriage between the petitioner and respondent was solemnized on 02.07.2006 and out of the wedlock two children were born. Due to strained relationship between the parties, the wife left the matrimonial home and residing with her parents. The petitioner filed H.M.O.P.No.229 of 2010 for restitution of conjugal rights before the Subordinate Court, Dindigul and during the pendency of the petition, the respondent filed an ...
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