Chennai Court November 2016 Judgments
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Padmini Devi(Died) and Others Vs. The Special Tahsildar, (Adi Dravidar ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Common Prayer: Civil Revision Petitions filed under Section 115 of the Civil Procedure Code, praying this Court to set aside the fair and decretal orders made in E.A.No.749 of 2013 and E.A.No.290 of 2014in L.A.Appeal No.1 of 2001, dated 11.12.2015 on the file of the Subordinate Court, Padmanabhapuram.) Common Order 1. The learned counsel for the Petitioners seeks permission of this Court to withdraw these Civil Revision Petitions and has also made an endorsement to that effect. 2. In view of the same, the Civil Revision Petitions are dismissed as withdrawn. No costs....
Abitha Beevi Vs. R.M. Natarajan
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court.) 1. This revision has been filed seeking for a direction to to direct the learned Rent Control Appellate Authority/Sub-Judge, Pudukkottai to dispose of R.C.A.No.5 of 2015 within the time stipulated by this Court. 2. According to the Petitioner, the Petitioner is aged about 72 years old and R.C.O.P.No.6 of 2012 filed by the revision petitioner was allowed by the Rent Controller-cum-District Munsif, Pudukkottai. Aggrieved by that, the respondent herein preferred an appeal in R.C.A.No.5 of 2015 before the Rent Control Appellate Authority/Sub-Judge, Pudukkottai and the matter has been adjourned from time to time for amending the cause-title due to the death caused by the respondent. 3. In view of the above submission made by the learned counsel for the Petitioner, without expressing any opinion on the merits of the revision and taking into consideration the age of the revision petitio...
Magudeeswaran and Others Vs. State The Inspector of Police, All Women ...
Court: Chennai
Decided on: Nov-28-2016
(Prayer: This Criminal Appeal is preferred under Section 374(2) of Cr.P.C., against the judgment of the learned Additional District and Sessions Judge, Magalir Neethimandram, Coimbatore in SC No.13 of 2008 dated 16.3.2009.) A-1 to A-3 in the Sessions Case in SC No.13 of 2008 on the file of the learned Additional Sessions Judge, Mahila Court, Coimbatore are the appellants. 2. In the Trial Court, after trial, they were convicted and sentenced as detailed below:- ad>AccusedConvictionSentenceA-1(i) Section 4 of Dowry Prohibition Act(ii) Section 498-A IPC (iii)Section 406 IPC (iv) Section 307 IPC6 months SI3 years RI and fine Rs.1,000/-, i/d 1 year SI 1 year RI 10 years RI and fine Rs.5,000/-, i/d 1 year SIA-2(i) Section 4 of Dowry Prohibition Act(ii)Section 498-A IPC6 months SI3 years RI and fine Rs.1,000/-, i/d 1 year SIA-3(i) Section 4 of Dowry Prohibition Act(ii) Section 498-A IPC6 months SI3 years RI and fine Rs.1,000/-, i/d 1 year SI All their sentences were directed to run concurrent...
Nagappan and Another Vs. M.B. Ajith and Another
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and Decree made in M.C.O.P.No.26 of 2008, on the file of the Motor Accident Claims Tribunal, Kulithalai, dated 22.07.2010.) 1. The appellants/claimants have filed the present C.M.A(MD)No.1680 of 2010, challenging the award passed inMCOP.No.26 of 2008, dated 22.07.2010, on the file of the Motor Accident Claims Tribunal, Kulithalai. 2. It is a case of a fatal accident caused on account of an accident took place on 13.09.2007 around 8.15 a.m. near Dharmapuri to Vellampatty Road. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, Kulithalai inMCOP.No.26 of 2008. Considering the facts and circumstances of the case, the Tribunal awarded Rs.1,85,000/- as total compensation. Challenging the same, the appellants/claimants preferred this appeal seeking enhancement on the ground that the notional monthly income fixed by ...
S. Shanmugasundaram Vs. The Project Director, Tsunami Project Implemen ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 2nd respondent District Collector in Na.Ka.NO.779/2011 A 11 dated 22.8.2014 quash the same and further direct the 2nd respondent District Collector to sanction and disburse the amount towards the increased amount of a sum of Rs.12 03 065/- and Rs.11 67 704/-(Totalling Rs.23 70 769/-) towards the 1st quarter and 4th quarter respectively in the light of clause 47 of the Agreement dated 08.09.2010.) Challenging the order passed by the second respondent, dated 22.08.2014, rejecting the petitioner's request for disbursement of price escalation costs for the work done by the petitioner, the present writ petition has been filed. 2. Heard Mr.Isaac Mohanlal, learned counsel appearing for the petitioner, Mr.R.Anandaraj, learned Government Advocate appearing for the respondents. 3. The case of t...
The United India Insurance Company Ltd. through its Divisional Manager ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer:Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 11.11.2013 passed in M.C.O.P.No.614 of 2008 on the file of the Motor Accident Claims Tribunal, (II Additional Subordinate Court), Madurai.) Common Judgment 1. It is a case of an injury and in one case there is a death, caused in an accident took place on 01.04.2007 around 0.30hours Thirumangalam Madurai ring road. The respective injured claimants and the legal heirs of one deceased filed their respective applications seeking compensation before the Motor Accident Calims Tribunal, Madurai and the Tribunal, considering the facts and circumstances of the case, awarded compensation to all the victims. 2. Challenging the award, the appellant United India Insurance Company filed all these appeals solely on the ground that the victims/claimants are gratuitous passengers and not covered under the policy. 3. The fact of the matter was that 50 persons were travelling i...
Chandraleka Vs. T. Raja
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Petition filed under Section 24 of Civil Procedure Code to withdraw and transfer H.M.O.P.No.154 of 2016, on the file of the Subordinate Court, Theni to the Family Court, Madurai.) 1. The present petition is filed seeking to withdraw withdraw and transfer H.M.O.P.No.154 of 2016, on the file of the Subordinate Court, Theni to the Family Court, Madurai. 2. The marriage between the petitioner and respondent was solemnized on 03.06.2011 as per Hindu Rites and Customs. Due to the misunderstanding between the parties, they are living separately. Under such circumstances, the respondent filed H.M.O.P.No.154 of 2016 before the Subordinate Court, Theni seeking dissolution of marriage. 3. The petitioner contends that after leaving matrimonial home, now she is residing at Madurai with her aged mother and further she is unemployed and not having any independent source of income and at this time, she is not able to travel to Theni to defend the case of dissolution of marriage filed by the r...
Gabrilla and Another Vs. D. Amaladass and Others
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the Judge, Family Court, Madurai to expedite the trial in I.D.O.P.No.51 of 2013 within the time fixed by this Court.) 1. This revision has been filed seeking for a direction to direct the Judge, Family Court, Madurai to expedite the trial in I.D.O.P.No.51 of 2013 within the time fixed by this Court. 2. According to the Petitioner, the above I.D.O.P.No.51 of 2013 is filed by the revision petitioner/wife, for restitution of conjugal rights under Section 32 of the Indian Divorce Act. In the aforesaid I.D.O.P., P.W.1 was examined in the year 2014 and thereafter, the matter has been adjourned for P.W.1 cross-examination. The said case has been adjourned from time to time under the same caption. Therefore the present C.R.P is filed to dispose of the above said I.D.O.P at an early date. 3. In view of the submission made by the learned counsel for the Petitioner, without expressi...
Rajaram Venkatesan (died) and Others Vs. K. Sihivahanan
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the order made in I.A.No.669 of 2016 in O.S.No.133 of 2005, dated 18.10.2016, on the file of the District Munsif Court, Melur.) 1. This revision has been filed seeking for a direction to set aside the order made in I.A.No.669 of 2016 in O.S.No.133 of 2005, dated 18.10.2016,on the file of the District Munsif Court, Melur. 2. The facts of the case as follows: The Petitioners have filed a suit in O.S.No.133 of 2005 for declaration and permanent injunction. In the afore-said suit, the respondent has filed the written statement in the year 2006. The above said suit was taken up for trial and plaintiff's side evidence was completed and posted for D.W.1 examination. At this stage, the present application in I.A.No.669 of 2016 in O.S.No.133 of 2005, filed by the revision petitioners to strike down the first part of the suit property. The aforesaid application was dismissed by ...
The Branch Manager, The Oriental Insurance Company Limited, Theni Dist ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree passed in M.C.O.P.No.938 of 2009, dated 02.03.2012, on the file of the Motor Accident Claims Tribunal, Fast Track Court, Dindigul.) Judgment: 1. The appellant/Insurance Company has filed the present C.M.A(MD)No.1762 of 2013, challenging the award passed inMCOP.No.938 of 2009, dated 02.03.2012, on the file of the Principal Motor Accident Claims Tribunal, Fast Track Court, Dindigul. 2.It is a case of a fatal accident occurred on account of an accident took place on 19.09.2009 around 18.15 hours on Ayyampalayam to Maruthanathi Road. The heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, Fast Track Court, Dindigul in MCOP.No.938 of 2009. Considering the facts and circumstances of the case, the Tribunal awarded Rs.8,41,000/- as total compensation. Challenging the same, the appellant/Oriental Insurance Company has ...
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