Chennai Court December 2016 Judgments
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T.K. Jhambu Vs. Dhanasekaran
Court: Chennai
Decided on: Dec-09-2016
(Prayer: This appeal is filed under Order 96 of C.P.C. Against the Judgment and Decree dated 28.10.2005 passed in O.S.No.4 of 2003 on the file of the Additional District and Sessions Judge, Fast Track Court-11, Thindivanam.) 1. The defendant in O.S.No.4 of 2013, who has suffered by a decree for specific performance, is the appellant. 2. According to the plaintiff, the defendant is sister's son of the plaintiff. The defendant had leased out the properties to the plaintiff during January 1998 for a monthly rent of Rs.300/- after receiving advance amount of Rs.25,000/-. The rent is being paid regularly without any default. 3. From January 2000, the rent was enhanced from Rs.300/- to Rs.500/- and the plaintiff has been paying the revised rent also without any default. The defendant offered to sell the suit properties to enable him to construct a house at Chennai and to meet the educational expenses on his children. This offer was made during January 2001. The plaintiff agreed for the purch...
Thangavel (died) and Others Vs. Jothimani and Another
Court: Chennai
Decided on: Dec-09-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and final order dated 20.01.2012 in I.A.No.1543 of 2011 in O.S.No.197 of 2006 on the file of the District Munsif Court, Tiruppur.) 1. This Civil Revision Petition is filed to set aside the fair and final order dated 20.01.2012 in I.A.No.1543 of 2011 in O.S.No.197 of 2006 passed by the District Munsif, Tiruppur. 2. The petitioners are the plaintiffs in the suit and the suit is for declaration and permanent injunction. The petitioners/plaintiffs have filed an application in I.A.No.1543 of 2011 seeking appointment of an Advocate Commissioner under Order 26, Rule 9 CPC and the Trial Court by considering the facts and circumstances of the case made a categorical finding that the suit is for Declaration of Title to the entire suit scheduled property as well as Mandatory Injunction directing the defendants to remover their unlawful construction put up in the suit property and for delivery of...
Raman Vs. The State rep by The Inspector of Police, All Women Police S ...
Court: Chennai
Decided on: Dec-09-2016
(Prayer: Appeal filed u/s.374 Cr.P.C against the judgment in Spl.S.C.No.6 of 2016 dated 14.09.2016 on the file of District Magalir Neethimandram, Cuddalore.) S. Nagamuthu, J. 1. The appellant is the sole accused in Special Sessions Case No.6 of 2016 on the file of District Magalir Neethimandram, Cuddalore. He stood charged for the offence punishable under Sections 450 IPC and and under Sec.6 read with 5K of Protection of Children from Sexual Offences Act 2012. By Judgment dated 14.09.2016, the trial Court convicted the appellant in both the charges and sentenced him to undergo 5 years rigorous imprisonment and to pay fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for six months for the offence punishable under Sec.450 IPC and sentenced to undergo life imprisonment and to pay fine of Rs.5000/-, in default, to undergo rigorous imprisonment for one year for the offence punishable under Sec. 6 read with 5K of Protection of Children from Sexual Offences Act 2012. Challengi...
K. Veerukannian Vs. The Director of School Education, Education Depart ...
Court: Chennai Madurai
Decided on: Dec-09-2016
(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 relating with the impugned order passed by the 3rd Respondent in O.M.No.2994/A2/2009 dated nil 05.2009 signed on 18.06.2009 and to quash the same and consequently, directing the 3rd respondent to implement the order passed by the 2nd respondent in P.M.No:/A3/6516/2008, dated nil.11.2008 and accordingly direct the respondents to disburse petitioner's arrears by fixing his scale of pay as selection grade teacher from 18.01.1997 as according to 2nd respondent's order within the time to be fixed by this Hon'ble Court.) 1. The prayer in the writ petition is for a Writ of Certiorarified Mandamus, calling for the records relating with the impugned order passed by the 3rd Respondent vide proceedings O.M.No.2994/A2/2009 dated nil 05.2009 signed on 18.06.2009 and to quash the same and consequently, directing the 3rd respondent to implement the or...
Tamil Nadu State Transport Corporation Ltd., through its Managing Dire ...
Court: Chennai Madurai
Decided on: Dec-09-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree passed in M.C.O.P.No.1282 of 2014, dated 30.09.2015 on the file of the Motor Accident Claims Tribunal cum Special Sub Court, Tirunelveli.) 1. This Civil Miscellaneous Appeal has been preferred by the appellant-Transport Corporation against the award of Rs.6,47,800/- (Rupees Six Lakhs Forty Seven Thousand and Eight Hundred only) to the respondent/claimant as compensation for the disability sustained by him out of the accident occurred on 28.10.2014, when he was riding his bicycle on the left hand side of Tirunelveli Courtrallam main road, near Akbar Hospital and knocked by the appellant-Transport Corporation bus driven in a rash and negligent manner. Therefore, the claim petition. 2. On contest, the Tribunal found that the accident occurred because of the rash and negligent driving of the driver of the appellant-Transport Corporation bus and awarded a sum of Rs.6,47,800/- (Rupees Six...
S. Balakrishnan Vs. V. Gokilnath and Another
Court: Chennai
Decided on: Dec-09-2016
(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree madein A.S.No.22 of 2008 dated 19.07.2010 on the file of the First Additional District Judge of Coimbatore reversing the jdugment and decree made in O.S.No.587 of 2006 dated 22.08.2007 on the file of the Court of the Sub Court, Coimbatore.) 1. The defendant in the suit is the appellant before this Court. This Second Appeal is directed against the judgment of the first appellate Court in A.S.No.22 of 2008, dated19.07.2010, reversing the judgement of the trial Court in O.S.No.587 of 2006, dated 22.08.2007 for partition. The sole point, in this case, is about the interpretation of the settlement deed dated 27.05.1973, (Ex.A-6) executed by one Palani Gounder. 2. Palanigounder has executed the settlement deed, wherein he has reserved the right of enjoyment for life, without power to alienate (or) encumber to his wife Subbathal and after her lifetime, the property should devolve absolut...
C. Selvan Vs. The District Collector, Nagercoil and Others
Court: Chennai Madurai
Decided on: Dec-09-2016
(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 in pursuant to the impugned order passed by the 3rd Respondent in proceedings dated 11.04.2011 and to quash the same and consequently, direct the Respondents to reinstate the Petitioner in service with all attendant and monetary benefits.) 1. The prayer in the writ petition is for a Writ of Certiorarified Mandamus, calling for the records in pursuant to the impugned order passed by the 3rd Respondent in proceedings dated 11.04.2011 and to quash the same and consequently, direct the Respondents to reinstate the Petitioner in service with all attendant and monetary benefits. 2. The petitioner was appointed as Panchayat Assistant by the order of the third respondent on 22.12.2008 and subsequently by the resolution of the third respondent Panchayat on 02.06.2009, he was brought in time scale of pay as per the norms fixed by the Government. ...
N. Venkatachalam Vs. State represented by the Inspector of Police CBI/ ...
Court: Chennai
Decided on: Dec-09-2016
(Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to call for the records in C.C.No.54 of 2011 on the file of the XI Additional Special Judge for CBI Cases, Chennai and to quash the same.) 1. This Criminal Original Petition is filed praying to call for the records in C.C.No.54 of 2011 on the file of the XI Additional Special Judge for CBI Cases, Chennai and to quash the same. 2. The case of the petitioner as averred in the Original Petition in brief is as follows:- The petitioner is facing trial before the learned XI Additional Special Judge for CBI Cases, Chennai, for the offences under Sections 120-B r/w.420, 467, 468 and 471 of IPC and Section 13(2) r/w. 13(1)(d) of Prevention of Corruption Act, 1988 based on the allegations alleged in the charge sheet are that petitioner is the Deputy General Manager and while working as Chief Manager, Bank of India, Usman Road Branch, Chennai, and as Assistant General Manager, Bank of India, Coimbatore Main Bra...
Anwar Ali Khan Vs. The Sub Registrar, Trichy
Court: Chennai Madurai
Decided on: Dec-09-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondent to release the settlement deed, dated 09.02.2015 in document No.201500448 pending on the file of the respondent within time as stipulated by this Court.) 1. This writ petition is filed seeking for a direction to the respondent to release the settlement deed, dated 09.02.2015, in Document No.201500448. 2. It is contended by the petitioner that his mother, brothers and sisters have settled the property at Survey No.274/5 and Natham Survey No.25/1 at Peruvalanallur (East) Village, Lalgudi Taluk, Trichy District and a vacant land nearly 95 grounds, 1774 sq.ft is at Survey No.2024 Block No.41, previously Survey No.2253 in Patta No.862 at Mylapore, Mylapore Taluk, Chennai District, by executing a settlement deed, dated 09.02.2015, in his favour and the said document was presented before the respondent for registration. It is his further case that even th...
Interbulk Trading SA, Switzerland Vs. Adam and Coal Resources Private ...
Court: Chennai
Decided on: Dec-09-2016
(Prayer: Prayer in O.P.No.438 of 2014 : Petition filed under Sections 47 to 49 of the Arbitration and Conciliation Act, 1996 praying that (a) the award dated 14.01.2013, be deemed to be a decree of this Hon'ble Court ; (b) this Hon'ble Court pronounce judgment according to the award dated 14.01.2013, made and published by the Singapore International Arbitration Centre and direct the respondent to pay to the petitioner a sum of USD329,273.40, as more particularly set out in paragraph 18 of this petition ; (c) the respondent be ordered and decreed to pay the petitioner the costs of this petition; and (d) for such further orders and reliefs as this Hon'ble Court may deed fit and necessary in the facts and circumstances of the case and thus render justice. Prayer in O.P.No.439 of 2014 : Petition filed under Sections 47 to 49 of the Arbitration and Conciliation Act, 1996 praying that (a) the award dated 12.04.2013, be deemed to be a decree of this Hon'ble Court ; (b) this Hon'ble Court pron...