Chennai Court November 2016 Judgments
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Devaraj @ Devasagayam Vs. Samuvel @ Vyakulasamy
Court: Chennai Madurai
Decided on: Nov-02-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, praying to set aside the judgment and decree passed in A.S.No.90 of 2012, dated 08.03.2013 on the file of the Principal Subordinate Judge, Tiruchirappalli, and the judgment and decree passed in O.S.No.1585 of 2006, dated 24.06.2011 on the file of the First Additional District Munsif, Tiruchirappalli.) 1. The plaintiff in the suit in O.S.No.1585 of 2006 is the appellant before this Court. The plaintiff / appellant has filed the suit in O.S.No.1585 of 2006 on the file of the First Additional District Munsif Court, Tiruchirappalli, for declaration that the plaintiff / appellant is the absolute owner of suit 'A' and 'B' schedule properties and consequently directing the defendant / respondent to deliver possession of the suit 'B' schedule property. The suit is also for the relief of permanent injunction restraining the defendant / respondent from interfering with the peaceful possession of the plaintiff / appellant ove...
S.T. Shanmuga Priay Vs. Manonmaniam Sundaranar University, Rep. by its ...
Court: Chennai Madurai
Decided on: Nov-02-2016
(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the appointment of the 3rd respondent as Lecturer in English at the 2nd respondent college in pursuance of notification published in Daily Thanthi newspaper dated 27.9.2008 in Advertisement No.DIPR/1829/Display/2008 and quash the same as illegal and consequently to direct the 2nd respondent to consider the petitioner for appointment to the said post.) M. Govindaraj, J. 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 In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn.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....
Chairman Vs. The State rep by The Inspector of Police, Pappakudi Polic ...
Court: Chennai Madurai
Decided on: Nov-02-2016
(Prayer: Appeal is filed under Section 374 of the Code of Criminal Procedure against the Judgment and conviction dated 28.07.2015 made in S.C.No.327 of 2012 on the file of the learned Fourth Additional District Sessions Judge, Tirunelveli.) S. Nagamuthu, J The appellant is the sole accused in S.C.No.327 of 2012, on the file of the learned Fourth Additional District Sessions Judge, Tirunelveli. He stood charged for the offences punishable under Sections 294(b) and 302 of the Indian Penal Code. By Judgment dated 28.07.2015, the Trial Court convicted the accused and sentenced him, as detailed below:- Section of LawSentenceFine amount302 IPCTo undergo imprisonment for life.Rs.5,000/- in default to undergo simple imprisonment for six months. The Trial Court, however, acquitted the accused from the charge under Section 294(b) of the Indian Penal Code. Challenging the said conviction and sentence, the appellant has come up with this Criminal Appeal. 2.The case of the prosecution, in brief, is...
Janaki Ammal and Others Vs. D. Karunanidhi
Court: Chennai
Decided on: Nov-02-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against decree and judgment dated 04.08.2010 in A.S.No.7 of 2006 on the file of Additional Sub Court, Thiruvannamalai reversing the decree and judgement dated 29.11.2005 in O.S.No.34 of 2004 on the file of Additional District Munsif, Thiruvannamalai.) 1. Challenge in this second appeal is made by the defendants against the judgement and decree dated 04.08.2010 made in A.S.No.7 of 2006 on the file of the Additional Subordinate Judge, Thiruvannamalai reversing the Judgement and Decree dated 29.11.2005 made in O.S.No.34 of 2004 on the file of the Additional District Munsif, Thiruvannamalai. 2. The suit has been laid by the plaintiff for declaration and permanent injunction in respect of the suit ABC schedule properties. 3. Insofar as this second appeal is concerned, no challenge has been made with reference to the plaintiff's right and title over the suit "A" and "B" schedule properties. The second appeal is confin...
C. Suyambulingam Vs. Marukardal and Others
Court: Chennai Madurai
Decided on: Nov-02-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, praying to set aside the judgment and decree dated 24.06.2011 made in A.S.No.149 of 2004 on the file of District Court, Kanyakumari, at Nagercoil, confirming the judgment and decree dated 09.02.2004 made in O.S.No.116 of 2001 on the file of Sub Court, Padmanabhapuram and to allow the suit with costs.) 1. The plaintiff in the suit in O.S.No.116 of 2001 on the file of the Sub Court, Padmanabhapuram, is the appellant in the above Second Appeal. 2. The plaintiff / appellant filed the suit to declare his title and possession over the plaint schedule property. The suit is also to declare that the preliminary decree in O.S.No.1095 of 1995 on the file of the District Munsif Court, Eraniel, is not binding on the plaintiff. 3. Admittedly, the suit property originally belonged to the father of defendants. The plaintiff's father Late Mr.S.Chithirai purchased the suit property from the third defendant, as per the registered sal...
R. Thangam Vs. The District Revenue Officer, Of Madurai and Others
Court: Chennai Madurai
Decided on: Nov-02-2016
(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the order of the first respondent, dated 08.03.2008, made in his proceedings Na.Ka.No.28449/2007/G2 which was delivered through the District Collector, Madurai and quash the same.) 1. This writ petitioner filed the above writ petition challenging the order of the District Revenue Officer, Madurai, in his proceedings Na.Ka.No.28449/2007/G2, dated 08.03.2008, transferring the patta in the name of the third respondent. 2. The order of the first respondent would state that the petitioner has not established the title to the property and has not produced any evidence to show her entitlement, therefore, her request came to be rejected. 3. The learned counsel appearing for the writ petitioner would state that the petitioner has filed a suit in O.S.No.705 of 2008, on the file of the District Munsif Court, Madurai Town, seeking the relief of declaration of ...
Suresh Vs. State Rep by Inspector of Police, Theni Police Station, The ...
Court: Chennai Madurai
Decided on: Nov-02-2016
(Prayer: Appeal is filed under Section 374 of the Code of Criminal Procedure against the Judgment and conviction dated 19.08.2015 made in S.C.No.150 of 2013, on the file of the Fast Track Mahila Court, Theni and set aside the same.) S. Nagamuthu, J 1. The appellant is the first accused in S.C.No.150 of 2013, on the file of the Fast Track Mahila Court, Theni. There was yet another accused, by name, Mrs.Murugeshwari, who is the mother of the first accused. The Trial Court framed as many as three charges as against both the accused, as detailed below. ChargeAccusedPenal Provisions11 and 2498(A) IPC22302 IPC31 and 2406 IPC 2. By Judgment dated 19.08.2015, the Trial Court acquitted the second accused from all the charges and acquitted the first accused from the charge under Section 406 of the Indian Penal Code, however, convicted the first accused and sentenced him, as detailed below:- Section of LawSentenceFine amount498(A) IPCTo undergo rigorous imprisonment for one year.Rs.1,000/- in def...
S. Narayanasamy Vs. A. Suthagar and Another
Court: Chennai
Decided on: Nov-02-2016
(Prayer: Memorandum of Grounds of Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 25.07.2013 made in M.C.O.P.No.1730 of 2011 on the file of the Motor Accident Claims Tribunal, (VI Judge, Court of Small Causes), Chennai.) 1. Mr.S.Narayanasamy, the injured claimant, having obtained an award from the Motor Accident Claims Tribunal (VI Judge, Court of Small Causes), Chennai in M.C.O.P.No.1730 of 2011 dated 25.7.2013 awarding a sum of Rs.2,32,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of realisation, as against the claim of Rs.3,50,000/-, has filed the present appeal for enhancement of Rs.1,00,000/- in the award amount, on the following grounds. 2. Learned counsel for the appellant has contended that when the injured claimant had sustained open grade fracture of R distal radius (comminuted intra-articular) with ulnar styloid process without DNVD in the accident and was taking treat...
Petitioner Vs. Respondents
Court: Chennai
Decided on: Nov-02-2016
M.M. Sundresh, J 1. This petition has been filed under Section 41(6) of the Juvenile Justice (Care and Protection of Children) Act 2000 (as amended by Act 33 of 2006) read with Clause 17 of the Letters Patent to appoint the petitioners as adoptive parents of the person of minor Nagalakshmi. 2. The case of the petitioners in brief is as follows:- (a) The St. Thomas Mount Babies Home is one of the activities of the Society of Holy Apostles Convent and it was established in the year 1901 for the very purpose of looking after the destitute and abandoned children and provides them with a Home and residential accommodation. The Holy Apostles Convent has been registered under the Juvenile Justice Act under Proc. Roc.No.2008/CW-4/2012 dated 05.02.2015 and the said recognition is valid till 04.02.2020. (b) The minor child Nagalakshmi, born on 05.06.2016 was surrendered by her unwed mother to the Child Welfare Committee, Thiruvallur on 09.06.2016 and on the same day, the minor child was transfer...
V. Jeevarathinami Vs. Sudha and Another
Court: Chennai Madurai
Decided on: Nov-02-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the order and decretal order made in I.A.No.294 of 2013 in H.M.O.P.No.33 of 2012 dated 27.6.2014, on the file of the Subordinate Judge, Aruppukkottai.) 1. The learned counsel for the Petitioner has circulated a letter dated 1.11.2016 to the Registry seeking permission of this Court to withdraw the Civil Revision Petition. The said letter is placed on record. 2. In view of the same, the Civil Revision Petition is dismissed as withdrawn. Consequently, connected Miscellaneous Petition is dismissed. No costs....
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