Chennai Court November 2016 Judgments
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The Branch Manager, The Oriental Insurance Company Limited Vs. Peramai ...
Court: Chennai Madurai
Decided on: Nov-03-2016
(Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 02.12.2014 made in M.C.O.P.No.90 of 2011 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Pudukottai.) The appellant/Oriental Insurance Company Ltd., filed the present C.M.A.No.633 of 2015, challenging the award passed in M.C.O.P.No.90 of 2011 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Pudukottai. 2. The facts in nutshell are that the accident took place at about 9.15 p.m. on 04.03.2010 near Chockampettai Diversion Ottampalam in Kandavarkottai to Pattukottai Road. It is a case of grievous injury. In turn he filed M.C.O.P.No.90 of 2011 before the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Pudukottai. Considering the facts and circumstances of the case, the Tribunal awarded Rs.1,57,250/- towards the compensation. 3. The award passed by the Motor Accident Claims Tribunal in M.C.O.P.No.90 of...
S.S. Rajendran Vs. The Management of Tamil Nadu State Transport Corpor ...
Court: Chennai Madurai
Decided on: Nov-03-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Declaration, declaring the action of the respondents in computing retirement benefits of the petitioner including gratuity, leave salary etc., payable to the petitioner by taking into account the dearness allowance payable on his pay / wages at the rate of 51% instead of 58% as illegal, unjust and arbitrary and consequently direct the respondents to compute and pay the difference amount in gratuity, leave salary, payable to the petitioner by taking into account revised rate of dearness allowance i.e., at plus grade pay at the rate of 90% instead of 100% as illegal and contrary to G.O.Ms.No.55, Transport Department dated 04.06.2014 issued by the Government of Tamil Nadu and consequently, direct the respondents to compute and pay to the petitioner the difference in gratuity, leave salary and commuted value of pension by taking into account the revised rate of dearness allowance, i...
The Oriental Insurance Company Limited, Rep. by Its Divisional Manager ...
Court: Chennai Madurai
Decided on: Nov-03-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Award made in MCOP No.12 of 2013, dated 24.06.2014, on the file of the Motor Accidents Claims Tribunal cum Additional District Judge, Virudhunagar.) 1. This Civil Miscellaneous Appeal is filed against the judgment and decree passed in MCOP No.12 of 2013, dated 24.06.2014, on the file of the Motor Accidents Claims Tribunal cum Additional District Judge, Virudhunagar. 2. The unfortunate fatal accident took place on 09.03.2012 at about 7.00 a.m, on Virudhunagar Mallanginaru Road. The deceased was 33 years old at the time of the accident and was earning Rs.10,000/- per month. Due to the grievous injuries sustained, the occurrence of death took place. The heirs filed the claim petition and the Motor Accidents Claims Tribunal cum Additional District Judge, Virudhunagar passed an award amount of Rs.11,40,000/- in M.C.O.P.No.12 of 2013, on 24.06.2014. 3. The main contention raised by the le...
Dhanapal Vs. State Rep by Inspector of Police, M-3, Puzhal Police Stat ...
Court: Chennai
Decided on: Nov-03-2016
(Prayer: Criminal Appeal filed to set aside the conviction and sentence passed by the learned Additional District and Sessions Judge, Fast Track Court No.4, Ponneri in S.C.No.114 of 2011 dated 30.12.2011.) The Criminal Appeal arises against the Judgment dated 30.12.2011 in S.C.No.114 of 2011 passed by the learned Additional District and Sessions Judge, Fast Track Court No.4, Ponneri. 2. The appellant herein is the accused in in S.C.No.114 of 2011 on the file of the learned Additional District and Sessions Judge, Fast Track Court No.4, Ponneri. The Trial Court had framed the charges against the accused for the offences under Section 376 IPC and Section 23 of Juvenile Justice (Care and Protection of Children) Act. By Judgment dated 30.12.2011, the Trial Court convicted him under both the charges and sentenced him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.2000/-, in default, to undergo six months simple imprisonment for the offences u/s.376 of IPC and sentenced ...
Sea Hawk Lines Private Limited
Court: Chennai
Decided on: Nov-03-2016
(Prayer: Application filed Rules 9 and 11(b) of the Companies (Court) Rules 1959 read with Sections 391 to 394 of the Companies Act, 1956) 1. Issue notice. Mr.Ramaiah, the Official Liquidator accepts notice. 2. I am informed that advance copy was served on the Regional Director (in short RD ). 2.1. There is, however, no appearance on behalf of the RD. 3. Since the applicant seeks correction of typographical errors, I am of the view, the fact that there is no representation on behalf of the RD cannot affect the outcome of this application. This is more so, as the RD is yet to file his report, qua the proposed scheme. 4. Insofar as the Official Liquidator is concerned, he says that since, correction, which is sought in the proposed scheme, pertains to typographical errors, he would not want to file a reply and, would, even otherwise, have no objection to the prayer made in the application being allowed. 5. As per the averments made in the application, the error in the proposed scheme and...
The Oriental Insurance Co., Ltd., Rep. by its Branch Manager Vs. K. Ku ...
Court: Chennai Madurai
Decided on: Nov-03-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 17.12.2014 made in M.C.O.P.No.1774 of 2011 on the file of the Motor Accident Claims Tribunal/District and Sessions Judge (Communal Clash Cases Court), Madurai.) 1. The appellant/Oriental Insurance Company Ltd., filed the present C.M.A.No.791 of 2015, challenging the award passed in M.C.O.P.No.1774 of 2011 by the Motor Accidents Claims Tribunal/District and Sessions Judge (Communal Clash Cases Court), Madurai. 2. It is a case of fatal accident in which the deceased sustained multiple injuries and died in a hospital after 2 days. The deceased was working as a Tractor Driver and his monthly salary was Rs.5000/- and he was paid Rs.250/- per day as batta. Considering the facts and circumstances of the case, the Tribunal awarded a total compensation of Rs.11,17,000/-. The appellant Oriental Insurance Company preferred this Civil Miscellaneous Appeal mainly on the ...
UCO Bank, Rep. by its Chief Officer Vs. The Presiding Officer, Industr ...
Court: Chennai
Decided on: Nov-03-2016
1. The prayer in the writ petition is for a Writ of Certiorari, calling for records on the file of the first respondent relating to the Award dated 26.06.2009 passed in I.D. No.2 of 1991 and quash. 2. The case of the petitioner Bank is that the second respondent joined services in their Bank, as peon-cum-watchman, on 27.02.1974, at Pettai Branch, Tirunelveli District. During his service, the second respondent was charged with crime, such as misconduct, misappropriation, tampering of records, forging and withdrawing amounts by opening fictitious accounts. Based upon the same, enquiry was conducted and the enquiry officer gave his report on 19.10.1988, finding that the delinquent was guilty of grave charges. Pursuant to the same, the Bank dismissed the second respondent from service, by order dated 13.12.1988. As against the same, the second respondent preferred an appeal, which was dismissed on 12.01.1989. Thereafter, a Dispute was raised in I.D. No. 1 of 1989 and the first respondent b...
Rajamoni Nadar Vs. Selvaraja
Court: Chennai Madurai
Decided on: Nov-03-2016
(Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code praying this Court to set aside the fair and decretal order made in E.P.No.110 of 2014 in O.S.No.91 of 2003, dated 25.7.2016, on the file of the First Additional Sub-Court, Nagercoil, Kanyakumari District.) 1. This revision has been filed seeking for a direction to set aside the fair and decretal order made in E.P.No.110 of 2014 in O.S.No.91 of 2003, dated 25.7.2016, on the file of the First Additional Sub-Court, Nagercoil, Kanyakumari District. 2. According to the Petitioner, the respondent herein filed a suit in O.S.No.91 of 2003, on the file of the Principal Sub-Court, Nagercoil against the revision Petitioner for realization of a sum of Rs.2,42,000/- with interest and costs. On 12.3.2007, the suit was decreed with costs and the revision petitioner is liable to pay a sum of Rs.5,45, 680/- to the respondent. Against the said decree and judgement, the revision petitioner has filed an appeal before the...
A. Pandian Vs. M. Nagappan
Court: Chennai Madurai
Decided on: Nov-03-2016
(Prayer:Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the Judgement and Decree of the lower Appellate Court dated 09.07.2010 passed in A.S.No.6 of 2010 on the file of the learned Subordinate Judge, Devakottai, confirming the Judgment and Decree of the trial Court dated 07.12.2009 passed in O.S.No.137 of 2007 on the file of the Additional District Munsif, Karaikudi.) 1. The plaintiff in the suit in O.S.No.137 of 2007 is the appellant in this second appeal. 2. The brief facts that are set out in the plaint in O.S.No.137 of 2007 are as follows: 2.1. The suit property is measuring an extent of 43.5 cents on the southern side out of 87 cents in Survey No.59/4B. The suit property is in the exclusive possession of the plaintiff. The said property was originally enjoyed by his father Late Arumugam and that his father died on 12.12.2004, leaving behind the plaintiff as his legal heir. The suit property was standing in the name of the plaintiff's father and i...
Murugesan @ Samy Vs. State Rep by Inspector of Police, Karungalpalayam ...
Court: Chennai
Decided on: Nov-03-2016
(Prayer: Criminal Appeal filed to set aside the conviction and sentence passed by the II Additional Assistant Sessions Court, Erode made in S.C.No.128 of 2010 dated 22.11.2010.) 1. The Criminal Appeal arises against the Judgment dated 22.11.2010. in S.C.No.128 of 2010 passed by the learned Additional Assistant Sessions Judge, Erode. 2. The appellant herein is the accused in in S.C.No.128 of 2010 on the file of the learned Additional Assistant Sessions Judge, Erode. The Trial Court had framed the charges against the accused for the offences under Section 376 of IPC and sentenced him to undergo 10 years R.I., and pay a fine of Rs.1,000/- in default, to undergo 6 months simple imprisonment and also convicted the appellant under Section 506(ii) to undergo one year R.I., with a fine of Rs.500/-, in default, to undergo 3 months S.I., Challenging the said conviction and sentence, the appellant/accused is before this Court with the present Criminal Appeal. 3. The prosecution case, in brief, is...