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Chennai Court December 2016 Judgments

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Dec 20 2016

Murugan Vs. State represented by The Inspector of Police Sangagiri Pol ...

Court: Chennai

Decided on: Dec-20-2016

(Prayer: Revision filed under Sections 397 and 401 of Cr.P.C., against the Judgment of conviction and sentence passed by the learned Additional District and Sessions Judge, Salem, in C.A.No.11 of 2010 dated 25.03.2010 confirming the judgment of conviction and sentence passed by the learned Judicial Magistrate No.I, Sangagiri, in C.C.No.145 of 2007 dated 17.12.2009.) 1. Challenging the order of conviction and sentence under Sections 279, 304(A) IPC and Section 132 r/w.187 of Motor Vehicles Act, this Revision has been filed. 2. The petitioner is the sole accused in C.C.No.145 of 2007 (Crime No.570/2007) on the file of the learned Judicial Magistrate No.1, Sankari. Earlier he stood charged for offences under Sections 279, 304(A) IPC and Section 132 r/w.187 of Motor Vehicles Act. The trial Court convicted the accused on all the charges and sentenced him to undergo three months simple imprisonment and imposed a fine of Rs.900/- in default to undergo one month simple imprisonment for the off...


Dec 20 2016

M. Ramar Vs. L. Subramanian, I.A.S., The District Collector, (The Chai ...

Court: Chennai Madurai

Decided on: Dec-20-2016

(Prayer: Contempt Petition filed under Article 11 of Contempt of Courts Act, praying this Court to initiate contempt proceedings against the Contemnor/Respondent No.1 and punish him for the willful disobedience of the order of this Court in W.P.(MD). No.10381 of 2013 dated 04.06.2014.) 1. This contempt petition is filed complaining that the respondent has violated the order passed by this Court in W.P(MD)No.10381 of 2013, dated 04.06.2014. 2. This Court, in the above writ petition, set aside the impugned order of dismissal from service therein and remitted the matter back to the District Collector for taking disciplinary proceedings against the petitioner, afresh in accordance with law. 3. Today, when the matter is taken up for hearing, after notice, the learned Additional Government Pleader appearing for the respondent/contemnor submitted that fresh disciplinary proceedings have been initiated against the petitioner and order of dismissal also was once again issued on 03.09.2014. 4. T...


Dec 20 2016

N. Govindammal and Others Vs. M.A. Thiagarajan and Others

Court: Chennai

Decided on: Dec-20-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 14.03.2013 passed by the Principal District Munsif, Salem in I.A.No.308 of 2012 in O.S.No.1091 of 2008.) 1. The plaintiffs are the revision petitioners before this Court, challenging the order passed in I.A.No.308 of 2012 in O.S.No.1091 of 2008 dated 14.03.2013, on the file of the Principal District Munsif Court, Salem. 2. The case of the plaintiffs is that they filed the suit against the defendants 1 to 3 for declaration declaring the plaintiffs 1 and 2 are entitled the suit property as per the settlement deed dated 20.02.2006, registered as Doc.No.311 of 2006 with the third defendant consequentially restraining the defendants 1 and 2 from in any way disturbing and interfering the peaceful possession and enjoyment of the suit property. Pending suit, the first respondent/proposed party Mr.M.A.Thiagarajan has filed I.A.No.308 of 2012 in O.S.No.1091 of 2008 un...


Dec 20 2016

M/s Prodex Technologies, A registered Partnership firm Reptd. by its P ...

Court: Chennai

Decided on: Dec-20-2016

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 22.06.2010 made in A.S.No.393 of 2009 passed by the learned VII Additional Judge, City Civil Court, Chennai confirming the Judgment and Decree dated 28.10.2008 made in O.S.No.3664 of 2001 passed by the learned VII Asst.Judge, City Civil Court, Chennai.) 1. Challenge in this second appeal is made by the plaintiff to the judgment and decree dated 22.06.2010 made in A.S.No.393 of 2009 on the file of the VII Additional City Civil Court, Chennai, confirming the judgment and decree dated 28.10.2008 made in O.S.No.3664/2001 on the file of the VII Assistant City Civil Court, Chennai. 2. The suit has been laid by the plaintiff for declaration and Permanent injunction. 3. The plaintiff is a tenant in respect of about 4743 sq.ft built up area in the first floor of Lakshmi Towers bearing old Door No.27, New Door No.45, Dr.Radhakrishnan Salai, Chennai - 4. The plaintiff has in this suit ...


Dec 20 2016

M/s. Saraswathi Match Works Rep. by its Manager G.Sabapathi Madurai Di ...

Court: Chennai Madurai

Decided on: Dec-20-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari Mandamus, calling for the records relating to the impugned order made in A.P.No.7/12 dated 28.08.2012 on the file of the 1st respondent herein by confirming the order made in Second Appeal No:001/2011-12 in A.No.:1226/11 dated 30.12.2011 on the file of the 2nd respondent herein and confirming the order made in Lr.No.:AEE/D/T.KLPTY/F.DKT/D.No:625/10.11 Dt.27.12.2010 on the file of the 4th respondent and to quash the same.) 1. The petitioner has filed this writ petition for issuance of Writ of Certiorari or any other appropriate Writ, Order or Direction in the nature of writ of certiorari by calling for the records relating to the impugned order made in A.P.No:7/12 dated 28.08.2012 on the file of the 1st respondent by confirming the order made in Second Appeal No.001/2011-12 in A.No.1226/11 dated 30.12.2011 on the file of the 2nd respondent and confirming the orde...


Dec 19 2016

J. Shamlal Vs. G. Manoharan, Proprietor, M/s.S.D.M. and Co., Thousand ...

Court: Chennai

Decided on: Dec-19-2016

(Prayer: Appeal filed under Section 378(4) of the Criminal Procedure Code, praying to set aside the Judgment passed against the Appellant on 06.09.2013 in C.C.No.3332 of 2010 on the file of the Learned IV Fast Track Court, George Town, Chennai and convict the respondent for the offence under Section 138 r/w.142 of the Negotiable Instruments Act.) 1. The Appellant/Complainant has preferred the present Criminal Appeal before this Court as against the Judgment of Acquittal dated 06.09.2013 in C.C.No.3332 of 2010 passed by the Learned Judicial Magistrate, (Fast Track Court No.IV), George Town, Chennai. 2.The trial Court, while passing the impugned Judgment in C.C.No.3332 of 2010 dated 06.09.2013, at paragraph 14, had, among other things, observed that '... the afore-stated financiers were not examined in the case to prove the debt amount to be paid by the Respondent to the financiers', further the said financiers details were not informed on behalf of the Complainant and that for collectin...


Dec 19 2016

M.K. Sundaram Vs. The Housing Secretary, Chennai Metropolitan Developm ...

Court: Chennai

Decided on: Dec-19-2016

(Prayer: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus, directing the 2nd respondent to refund the premium FSI and infrastructure and development charges to a sum of Rs.31,83,000/- pursuant to the cancellation of the planning permission in Letter No.BC1/11524/2012 dated 01.11.2013 and adjustment by proceedings of the 2nd respondent in Letter No.BC1/2292/2016 dated 15.03.2016 with interest and time framed fixed by this Court.) 1. This Writ Petition has been filed by Mr.M.K.Sundaram, seeking a direction, directing the 2nd respondent to refund the premium FSI and infrastructure and development charges to a sum of Rs.31,83,000/- pursuant to the cancellation of the planning permission in Letter No.BC1/11524/2012 dated 01.11.2013 and adjustment by proceedings of the 2nd respondent in Letter No.BC1/2292/2016 dated 15.03.2016 with interest and time frame to be fixed by this Court. 2. Mr.K.M.Vijayan, the learned Senior Counsel would ...


Dec 19 2016

P. Kamaraj Vs. The District Collector, Madurai District, Madurai and A ...

Court: Chennai Madurai

Decided on: Dec-19-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the second respondent made in Na.Ka.No.1863/E/10, dated 29.8.2013 and to quash the same and consequently to direct the respondent to waive the lease for the present fasli year.) 1. The Petitioner has challenged the proceedings of the second respondent, dated 29.8.2013 whereby a reqeust was made for remittance of the lease amount along with other charges in connection with fishing rights issued to the Petitioner for the period 2010-2011 till 2014-2015. 2. In view of the lease period having expired, no further adjudication is required in the present Writ Petition. Accordingly, the present Writ Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petitions are dismissed. No costs....


Dec 19 2016

Mekala Vs. The Assistant General Manager, State Bank of India and Anot ...

Court: Chennai Madurai

Decided on: Dec-19-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the Respondent No.2 to cancel the Mortgage with respect to the Petitioners properties in Housing Loan Account Number 10832985088 and consequently directing the 2nd Respondent to return the original Tittle Deeds with regard to his properties in Balakrishnapuram Village of Dindigul Taluk and District in S.F.No. 137A/1 Plot Nos. 11 and 12 considering the Petitioner's Representation dated 01.08.2016 within time frame as fixed by this Hon'ble Court.) 1. The petitioner seeks for a Mandamus directing the second respondent to cancel the Mortgage with respect her properties in Housing Loan Account Number 10832985088 and consequently directing the second respondent to return the original Tittle Deeds with regard to his properties in Balakrishnapuram Village of Dindigul Taluk and District in S.F.No. 137A/1 Plot Nos. 11 and 12 considering her representation dated 01.08.2...


Dec 19 2016

C. Regina Vs. Member Secretary, Teachers Recruitment Board

Court: Chennai Madurai

Decided on: Dec-19-2016

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the respondent in connection with the impugned order passed by him in his Proceedings in Na.Ka.No.5015/Aa4/09 dated 04.12.2009 and to quash the same as illegal and arbitrary and consequently direct the respondent to appoint the Petitioner as Secondary Grade Teacher for the year 2008-09 and 2009-10 with effect from the date of appointment of her batch mates within the time limit that may be stipulated by this Hon'ble Court.) 1. The prayer in the writ petition is for a Writ of Certiorarified Mandamus, calling for the records in connection with the impugned order passed by the respondent in his Proceedings in Na.Ka.No.5015/Aa4/09 dated 04.12.2009, and to quash the same and consequently directing the respondent to appoint the Petitioner as Secondary Grade Teacher for the year 2008-09 and 2009-10 with effect from the date of a...


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