Chennai Court December 2016 Judgments
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The General Manager, Tamil Nadu State Transport Corporation, Kumbakona ...
Court: Chennai Madurai
Decided on: Dec-02-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to allow this appeal and to set aside the Judgment and Decree dated 21.02.2013, passed in M.C.O.P.No.1408 of 2011, on the file of the Motor Accident Claims Tribunal/I-Additional District and Sessions Court(PCR), Thanjavur.) 1. This Civil Miscellaneous Appeal has been filed to set aside the Judgment and Decree dated 21.02.2013, passed in M.C.O.P.No.1408 of 2011, on the file of the Motor Accident Claims Tribunal/I-Additional District and Sessions Court(PCR), Thanjavur. 2. It is a case of an injury caused on account of the accident took place on 03.10.2011, around 2.30 p.m. near Thanjavur Old Bus Stand to Perumakkanallur main road. The injured filed a claim petition seeking compensation before the Motor Accident Claims Tribunal/ I-Additional District and Sessions Court(PCR), Thanjavur in MCOP.1408 of 2011 and the Tribunal, considering the facts and circumstances, awarded a sum of Rs.95,000/- as to...
State Rep by The Inspector of Police, CBCID, Cyber Crime Cell, Chennai ...
Court: Chennai
Decided on: Dec-02-2016
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crl.M.P.No.3295/2016 in C.C.No.904 of 2015 on the file of XI Metropolitan Magistrate Court, Saidapet, Chennai and set aside the order passed therein on 17.11.2016.) 1. This petition has been filed to call for the records in Crl.M.P.No.3295/2016 in C.C.No.904 of 2015 on the file of XI Metropolitan Magistrate Court, Saidapet, Chennai and set aside the order passed therein on 17.11.2016. 2. There appears to be a chequered history to this case. The factual matrix is as under: On 27.05.2013, the "Q" Branch CID, Chennai apprehended one Mohammed Imran [A1] and Senthil Kumar [A2], when they were attempting to draw money using fake ATM cards from the Canara Bank ATM Centre situated inside the Domestic Airport, Chennai and registered a case in Cr.No.3 of 2013 against them for offences u/s 120-B, 420, 465, 468, 471, 380 and 511 IPC r/w 66, 66-C and 66-B of the Information Technology Act, 2000. 3. During...
Babu Vs. State Rep. by The Inspector of Police, Usilampatti Town Polic ...
Court: Chennai Madurai
Decided on: Dec-02-2016
(Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C. challenging judgement of conviction and sentence passed by the learned IV Additional Sessions Judge, Madurai, in S.C.No.22 of 2013 dated 04.08.2016.) S. Nagamuthu, J. 1. The appellant is Accused No.1 in S.C.No.22 of 2013 on the file of the learned IV Additional Sessions Judge, Madurai. There were two other accused in the said case by name (1) Ponnusamy and (2) Parameshwari, who were arrayed as Accused Nos.2 and 3 respectively. A1 stood charged for offences under Sections 302 and 201 of IPC and A2 and A3 stood charged for offences under Sections 201 r/w 34 r/w 202 of IPC. During the pendency of the trial, A3 died and hence, charges against her stood abated. The trial court, by judgement dated 04.08.2016, acquitted A2, however, convicted A1 alone for offences under Sections 302 and 201 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2,000/- in default to suffer simple imprisonment for three m...
Ameerbasha Vs. D. Devan
Court: Chennai
Decided on: Dec-02-2016
(Prayer: Revision filed against the order dated 26.2.2014, in I.A.No.5793 of 2013 in O.S.No.777 of 2008, on the file of the IV Assistant City Civil Court, Chennai.) 1. The respondent during the currency of a suit initiated by the petitioner for redemption of mortgage, assigned the property to third parties notwithstanding the order of injunction and thereafter failed to contest the civil suit. The respondent on receipt of notice in the related execution petition, filed petitions to condone the delay and set aside the exaprte order. The learned VI Assistant City Civil Court, Chennai, even after making an observation that there are no documents produced before the Court to substantiate the contention that the respondent was laid up due to jaundice, set aside the exparte order. The said order is under challenge in this civil revision petition at the instance of the plaintiff in O.S.No.777 of 2008. Submissions:- 2. The learned counsel for the petitioners contended that the respondent thoug...
The Managing Director, Tamil Nadu State Transport Corporation, Kumbako ...
Court: Chennai Madurai
Decided on: Dec-02-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to allow this appeal and to set aside the Judgment and Decree dated 02.08.2012 passed in MCOP.No.645 of 2006 on the file of the Motor Accident Claims Tribunal/Principal Sub Court, Thanjavur.) 1. This Civil Miscellaneous Appeal has been filed to set aside the Judgment and Decree dated 02.08.2012 passed in MCOP.No.645 of 2006, on the file of the Motor Accident Claims Tribunal/Principal Sub Court, Thanjavur. 2. It is a case of an injury caused due to the accident took place on 04.09.2005, around 2.00 p.m., near Thanjavur Gandhiji Road.The injured filed a claim petition in M.C.O.P.No.645 of 2006, before the Motor Accidents Claims Tribunal / Principal Sub Court, Thanjavur and the Tribunal, considering the facts and circumstances, awarded a sum of Rs.1,93,578/- as total compensation. Aggrieved by the award, the appellant preferred this appeal. 3. The learned counsel for the appellant/Tamil Nadu State...
D.M. Venkateshwaran and Others Vs. M/s. Sri Ram Transport Finance Comp ...
Court: Chennai Madurai
Decided on: Dec-02-2016
(Prayer in C.R.P(PD)(MD)No.2317 of 2016: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the fair order and decreetal order of rejection dated 15.10.2015 passed by the learned Principal District Judge, Madurai in made in unnumbered Ar.O.P.No....of 2015 in S.R.No.16133 dated 23.09.2015 and 30.09.2015 in Arbitration Case No.2 of 2015 and to direct the Principal District Judge, Madurai to take the petition on file and to dispose of the same on merits in accordance with law, within the time frame fixed by this Court. in C.R.P(PD)(MD)No.2263 of 2016: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the fair order and decreetal order of rejection passed by the learned Principal District Judge, Madurai in made in unnumbered Ar.O.P.No....of 2015 in S.R.No.16127, dated 30.09.2015 in Arbitration Case No.5 of 2015 and to direct the Principal District Judge, Madurai to take th...
R. Sridhar Vs. The Chairman, Tamil Nadu Pollution Control Board and An ...
Court: Chennai
Decided on: Dec-02-2016
(Prayer: W.P.No.14709/2016: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to dispose of the petitioner's representation dated 24.02.2016. W.P.No.36064/2016: Writ petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the entire records of the 2nd respondent in respect of the Charge-Memo dated 20.05.2016 in No.TNPCB/Service/M.P./ 11657/2015-1 and to quash the same. W.P.No.36065/2016: Writ petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the entire records of the 2nd respondent in respect of the Suspension Order dated 08.08.2016 in Proc.C.No.TNPCB/PER/CS/11675/2015-2 and to quash the same with consequential direction to the 2nd respondent to reinstate the petitioner with immediate effect into the service of the 2nd respondent-Board in any post a...
S. Mani Vs. The Principal Chief Conservator of Forests and Head of For ...
Court: Chennai
Decided on: Dec-02-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the second respondent relating to S.O.No.144/2016/E2, dated 31.05.2016 to the limited extent of imposing a condition in the order of retirement and quash the same and consequently direct the respondents to grant all consequential benefits including retirement and pensionary benefits on the basis of the proceedings No.3570/12 E(2), dated ...06.2012 (signed on 31.05.2012) with interest on the delayed payment of the said benefits to be compounded annually.) 1. The petitioner has filed the above Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the second respondent relating to S.O.No.144/2016/E2, dated 31.05.2016 to the limited extent of imposing a condition in the order of retirement, quash the same and consequently direct the respondents to grant all conseq...
K. Sreenivasan Vs. The Customs Excise and Service Tax Appellate Tribun ...
Court: Chennai Madurai
Decided on: Dec-02-2016
(Prayer: Civil Miscellaneous Appeal is filed under Section 35G of Central Excise Act, 1944, against the final order No.1133/11, dated 07.10.2011 in A.No.E/432/2011.) M. Sathyanarayanan, J. 1. The appellant is the husband of one of the partners of M/s.Shri Jayamuruga Paper Mart, Sivakasi, viz., Smt.Amsa and aggrieved by the impugned order dated 07.10.2011 passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai, had filed this appeal and it was admitted on the following substantial question of law: "Whether the Appellate Tribunal was justified in sustaining the penalty on the husband of the dormant partner, while sustaining the penalty on the Partnership Firm?" 2. A perusal of the Order-in-original dated 22.11.2010 passed by the Assistant Commissioner of Central Excise, Dindigul II Division, Dindigul, would disclose that based on the intelligence gathered by the Officers of HPU, Madurai, that M/s.Paragon Paper Private Limited, 543/2, Perumal Goundanpa...
Lakshmi Sudersan Vs. Pavadai Samy
Court: Chennai
Decided on: Dec-02-2016
(Prayer: Civil Revision Petitions filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 22.09.2015 passed in I.A.No.576 of 2014 and I.A.No.545 of 2013 respectively in O.S.No.282 of 2011 on the file of Additional District Munsif, Chidambaram, Cuddalore District.) Common Order: 1. These two Civil Revision Petitions are at the instance of the defendant in O.S.No.282 of 2011 on the file of learned Additional District Munsif, Chidambaram. 2. The respondent filed a suit for declaration and injunction in respect of the suit property. The respondent, in his plaint in O.S.No.282 of 2011, contended that he purchased the property bearing Plot No.1 in Thillai Kali Amman Nagar, by document dated 08.07.2003. The petitioner, on the other hand, purchased Plot Nos.22 and 23 in Thillai Kali Amman Nagar, by document dated 22.08.2003. There was a clear boundary dividing the property in Plot No.1 and Plot Nos.22 and 23. The respondent raised a dispute with regard ...
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