Chennai Court December 2016 Judgments
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Petitioner Vs. Respondent
Court: Chennai
Decided on: Dec-07-2016
Venugopal, J. 1. Heard Mr.K.Murugesan, Learned Counsel for the Petitioner/ Appellant and Mr.R.Ravichandran, Learned Government Advocate (Crl. Side) for the Respondent. 2.The Petitioner/Appellant/Accused has filed the present Criminal Appeal in Sr.No.51128 of 2016 as against the Judgment dated 21.09.2016 in Spl.S.C.No.03/2016 passed by the Learned Sessions Judge, Mahila Court, Perambalur. 3. The reasons attributed on behalf of the Petitioner/Appellant/ Accused for the delay of 11 days in preferring the present Appeal is due to the fact that he took some time to secure the lower Court's Judgment from the trial Court's Learned Counsel and also because of the 'Poverty'. 4. Considering the fact that the Petitioner/Appellant has assigned the reason of 'Poverty' and also he took some time to obtain the Judgment of the trial Court from his lower Court Learned Counsel, this Court, by taking a lenient and liberal view and avoiding a pedantic approach and also hyper technical or technical approac...
S. Chandrasekaran Vs. The District Collector, Theni District and Other ...
Court: Chennai Madurai
Decided on: Dec-07-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to fix the value and passing the award to the petitioner's acquired land of measuring 1652 Sq. Mtr. in S. No. 2012/1 in Thamaraikulam II Bit Village in Periyakulam Taluk in Theni District on par with the value fixed in Award No.54, dated 15.12.2014, by disposing his representation dated 07.01.2015, as accordance with law, within a time to be fixed by this Court.) 1. The petitioner seeks for a Mandamus for disposal of his representation, dated 07.01.2015, through which, he seeks for fixation of higher amount as compensation towards the land, which was acquired under the National Highways Act. 2. Needless to say that if the petitioner is aggrieved against the quantum of the award passed in the acquisition proceedings initiated under the abovesaid Act, he has to resort to the remedies available under the Act for seeking higher compensation and theref...
K. Jegan Vs. The District Collector, Kanyakumari District and Others
Court: Chennai Madurai
Decided on: Dec-07-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the Respondent No.4 to survey the land of the petitioner at in Survey No. 439/13B situated at Door NO. 16-42, Nallur Village , Vilavancode Taluk, Kanyakumaridistrict and consequently direct the respondent NO.1 to 3 to make necessary rectifications in all the revenue documents pertaining to the properties in Survey No.439/13B situated at Door NO. 16-42, Nallur Village Vilavancode Taluk, Kanyakumari District within the stipulated time prescribed by this Honourable Court.) Order: 1. The petitioner seeks for survey of his land situated at Survey No.439/13B at Door No.16-42, Nallur Village, Vilavancode Taluk, Kanyakumari District. 2. In the counter affidavit filed by the respondent, it is stated that the sale deed produced by the petitioner referring some survey numbers does not tally with the survey numbers referred to in his application seeking for survey. If that i...
R. Velayutham and Another Vs. The Assistant Divisional Engineer, Highw ...
Court: Chennai Madurai
Decided on: Dec-07-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in TAMIL ;.12/2016/c/ TAMIL ; 21.11.2016 passed by the first respondent and quash the same and pass such further or other orders. Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 4 to take necessary action to remove the encroachment made by the fifth respondent in the Highway Road at Km.37/2 situated in S.No.214/2 of Natham Kovilpatti, Natham Taluk, Dindigul District, as per the proceedings of the fourth respondent in Memo No.12/2016/Vu.Po./ dated 30.06.2016 and based on the petitioner's representation dated 20.08.2016.) Common Order: A. Selvam, J. 1. W.P(MD)No.23227 of 2016 has been filed under Article 226 of the Constitution of India praying to call for records relating to the notice dated 21.1...
Nagabooshanam and Another Vs. State by The Inspector of Police, Thali ...
Court: Chennai
Decided on: Dec-07-2016
(Prayer: Appeal filed u/s.374 (2) Cr.P.C., against the Judgment of conviction and sentence passed by the learned Additional District and Sessions Judge, Hosur, Krishnagiri District, Hosur in S.C.No.39 of 2012, dated 21.09.2016.) S. Nagamuthu, J. 1. The appellants are accused 1 and 2 in S.C.No.39 of 2012 on the file of the Additional District and Sessions Judge, Hosur, Krishnagiri District, Hosur. They stood charged for the offence under Section 302 IPC. By judgment dated 21.09.2016, the trial court convicted both the accused for the offence punishable under Sec.302 IPC and sentenced them to undergo life imprisonment and to pay fine of Rs.2000/-each, in default, to undergo one year rigorous imprisonment for each accused. Challenging the said conviction and sentence, the appellants are before this Court with this appeal. 2.The case of the prosecution in brief, is as follows:- (a) The deceased in this case was one Mr.Ramakrishnappa. He was an agricultural coolie by profession. It is alleg...
M. Mahalingam and Others Vs. The Government of Tamil Nadu rep. by Depu ...
Court: Chennai Madurai
Decided on: Dec-07-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration declaring that the Land Acquisition proceedings initiated and the award passed by the 2nd respondent in A1/18125/88, dated 09.4.1992, in respect of the land situated in S.No.263/2 to an extent of 0.42.0 hectare situated in Melur Village, Shenkottai Taluk, Tirunelveli District as lapsed as per Section 24(2) of the Right to Fair Compensation andTransparency in Land Acquisition, RehabilitationandResettlement Act, 2013.) 1. This writ petition is filed seeking for the relief to declare the Land Acquisition proceedings initiated and culminated into passing the award in respect of the subject matter land, as lapsed as per Section 24(2) of the Right to Fair Compensation andTransparency in Land Acquisition, RehabilitationandResettlement Act, 2013. 2. The short facts that are required for consideration in this writ petition, are as follows:- The petitioners are the owners of the ...
The Manager, United India Insurance Company Ltd., Coimbatore Vs. Jansi ...
Court: Chennai Madurai
Decided on: Dec-07-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 30 of Workmen's Compensation Act, 1923, against the Award dated 08.06.2007 made in W.C.No.331 of 2005 on the file of the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour) at Trichy.) Judgment: 1. This Civil Miscellaneous Appeal has been preferred by the appellant/Insurance Company against the award of Rs.3,06,221/- for the death of one Santhiyagu in an accident which occurred on 25.05.2005 while he was under the employment of the fourth respondent. 2. The following questions of law arises for consideration:- Whether there was an employer-employee relationship existed between Late.Santhiyagu and the fourth respondent herein, so as to make the appellant liable for payment, the compensation awarded by the Commissioner. 3. The first respondent's husband Santhiyagu was working as a load man under the fourth respondent in his mini lorry. While taking the goods from Manaparai to Dindigul, he dashed against one car r...
Indrani Ammal and Others Vs. Venkatesa Naidu and Others
Court: Chennai
Decided on: Dec-07-2016
(Prayer: These First Appeals are filed under Section 96 of Civil Procedure Code against the Judgment and decree made in O.S.No.123 of 1988 dated 06.08.1997, on the file of the Court of Subordinate Judge, Tirupattur.) Common Judgment: 1. Both the appeals arise out of the Judgment and decree in O.S.No.123 of 1988 dated 06.08.1997, on the file of the Court of Subordinate Judge, Tirupattur. The suit was filed by the appellants/plaintiffs in A.S.No.378 of 1998, seeking compensation of Rs.4,00,000/- for the death of Ramu, son of first and second plaintiffs aged about 20 years and Sekar, son of third and fourth plaintiffs, aged about 15 years due to electrocution. 2. According to the plaintiffs the defendants owned lands at Ponnampali Village and are having electricity service connection in SC.No.12, which is meant for motor pump set in the well. The said pump set is used for irrigating the lands belonging to the defendants. The said electricity service stands in the name of the first defenda...
T.P. Kandasamy and Others Vs. Vemba Gounder and Others
Court: Chennai
Decided on: Dec-07-2016
(Prayer in S.A.No.209 of 2011: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 30.04.2009 passed in A.S.No.85 of 2008 by the Subordinate Judge at Thiruchengode, (A.S.No.106 of 2006 on the file of Sub Court, Namakkal) by setting aside the judgment and decree dated 30.11.2005 passed in O.S.No.245 of 1997 on the file of the District Munsif at Thiruchengode. Prayer in S.A.No.285 of 2011: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 21.04.2011 passed in A.S.No.41 of 2009 by the Additional District Judge, Fast Track Court, Namakkal in confirming the judgment and decree dated 30.04.2009 in O.S.No.549 of 2008 on the file of Sub Court, Thiruchengode. Prayer in S.A.No.210 of 2011: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 30.04.2009 passed in A.S.No.93 of 2008 by the Subordinate Judge at Thiruchengode (A.S.No.142 of 2006 ...
Murugeshwari Vs. The District Collector, Ramanathapuram District, Rama ...
Court: Chennai Madurai
Decided on: Dec-07-2016
(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 pertaining to the impugned order in Certificate No.Nil, dated 11.2.20013 on the file of the respondent No.2 and to quash the same and consequently to direct the respondents to return the Petitioner's Family Card bearing No.27/G/0014709 for the Fair Price Shop No.AB 073, namely Pattanamkathan R2, within the time frame fixed by this Court.) 1. This Writ Petition is filed challenging the order of the second respondent cancelling the Ration Card issued to the Petitioner's family and consequently for a direction to the respondents to return the Family Card. 2. Heard the learned counsel for the Petitioner and Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader appearing for the respondents. 3. The subject-matter Ration Card bears No.27/G/0014709 showing the petitioner's husband/S.Saravanan, petitioner and three of their...