Chennai Court February 2016 Judgments
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Vivek Vs. G. Subramani
Court: Chennai
Decided on: Feb-24-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Sub Court, Cheyyar, Tiruvannamalai District to number S.R.No.7596 of 2015 in unnumbered I.A.No. of 2015 in O.S.No.185 of 2014.) 1. The submissions made by Mr.K.Venkat, learned counsel for the petitioner are heard. The materials placed before this court are also perused. 2. The petitioner is the defendant in the original suit in O.S.No.185/2014 pending on the file of Sub Court, Cheyyar, Thiruvannamalai District. He wanted some of the documents to be summoned from the Sub Court, Arani, to be marked as evidence on his side. As the petition came to be filed with a prayer to summon the documents from another court, the trial court chose to return the petition asking how the petition was maintainable. Again, without considering whether the prayer sought for was proper, the petitioner seems to have re-presented the same, to be again returned pointing out that the earlier return was not complied...
The Managing Director Metropolitan Transport Corporation Ltd., Chennai ...
Court: Chennai
Decided on: Feb-24-2016
R. Sudhakar, J. 1. This Civil Miscellaneous Appeal has been preferred by the Transport Corporation, challenging the fair and decretal order dated 23.09.2013 passed in M.C.O.P. No. 4773 of 2011 on the file of the Motor Accidents Claims Tribunal, (VI Judge of Small Causes Court), Chennai whereby, the Tribunal has awarded a compensation of Rs.56,00,000/-, together with interest at 7.5% p.a. from the date of the petition till such deposit is made. 2. This is a case of fatal accident. On 19.07.2011, at about 8.40 a.m., while the deceased M. Praveen Kumar, aged about 28 years was riding his motorcycle bearing Registration No. TN 09 AF 1324, proceeding from Saidapet to Kanthanchavadi, along Saidapet Taluk Road, the bus bearing Registration No. TN 01 N 5698, belonging to the appellant/Transport Corporation, driven in a rash and negligent manner, dashed against the motor cycle and the rider of the motor cycle fell down and suffered serious head injuries and died on the spot. The parents of the ...
P.O.A. Murugesan Vs. The Superintendent of Police, Virudhunagar and Ot ...
Court: Chennai Madurai
Decided on: Feb-24-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 1st and 2nd respondents to take departmental action against the 3rd respondent and to file the action taken report, considering the petitioner's complaint dated 26.02.2015 and the subsequent representation dated 22.12.2015.) 1. This writ petition has been filed, seeking a direction to the 1st and 2nd respondents to take departmental action against the 3rd respondent and to file the action taken report, considering the petitioner's complaint dated 26.02.2015 and the subsequent representation dated 22.12.2015. 2. On reading of the complaint, it is seen that this petitioner has lodged complaints dated 26.02.2015 and 22.12.2015 to the official respondents and now, he has come up with this petition, seeking for a writ of mandamus, directing the 1st and 2nd respondents to take departmental action against the 3rd respondent. 3. In the considered opinion of this Court, ...
Rengaraj Vs. The Superintendent of Police, Trichy and Others
Court: Chennai Madurai
Decided on: Feb-24-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to grant permission and protection to perform Dance Programme (Aadal Padal) at 15.03.2016 and cultural Dance Programme (Karagattam) at 16.03.2016 in the festival event of "Om Siva Sri Angala Parameshwari Petchi Andavar PEtchi Amman Kovil" situated at Malvai Village Lalgudi Taluk Trichy District pursuant to the representation dated 09.02.2016.) 1. This writ petition has been filed, seeking a direction to the respondents to grant permission and protection to perform Dance Programme (Aadal Padal) on 15.03.2016 and cultural Dance Programme (Karagattam) on 16.03.2016 in the festival event of "Om Siva Sri Angala Parameshwari Petchi Andavar Petchi Amman Kovil" situated at Malvai Village Lalgudi Taluk Trichy District pursuant to the representation dated 09.02.2016. 2. Learned counsel for the petitioner would submit that the villagers jointly decided to condu...
Chellammal and Another Vs. State Represented by: Inspector of Police, ...
Court: Chennai
Decided on: Feb-24-2016
(Prayer: These Criminal Miscellaneous Petitions were filed under Section 389(1) of the Criminal Procedure Code to suspend the sentence imposed on the appellants in S.C.No.58 of 2012 on the file of Sessions Judge, Mahila Court, Salem by its judgment dated 5.1.2016 and enlarge the appellants on bail.) Common Order: A1 [Crl.M.P.No.390 of 2016 in Crl.A.No.31 of 2016] and A2 [Crl.M.P.No.1661 of 2016 in Crl.A.No.115 of 2016] in S.C.No.58 of 2012 on the file of the learned Additional Sessions Judge [Mahila Court], Salem while canvassing the correctness of their conviction and sentence seeks appeal bail by suspending their sentence under Section 389(1) of Cr.P.C. 2. PW1's daughter, who was married to A2, son of A1 is no more. It is the case of the prosecution that she committed suicide because of dowry torture. The son and mother were prosecuted for offences under Sections 498-A and 304B IPC. 3. The duo have been convicted and sentenced as under: ad>Conviction Sentence (i) Section 498-A ...
V. Kavitha and Others Vs. The Managing Director, M/s. Tamil Nadu State ...
Court: Chennai
Decided on: Feb-24-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Award and decree dated 11.08.2015, passed by the Motor Accident Claims Tribunal (Principal District Judge), Perambalur, made in M.C.O.P.No.262 of 2013.) R. Sudhakar, J. 1. Heard the learned counsel appearing for the appellants/claimants and the learned counsel appearing for the respondent/State Transport Corporation. 2. The claimants has filed this appeal challenging the award dated 11.08.2015 passed by the Motor Accident Claims Tribunal (Principal District Judge), Perambalur, made in M.C.O.P.No.262 of 2013. 3. It is a case of fatal accident. On 03.03.2013 at about 08.30 p.m., when the deceased Vijayakumar, aged about 33 years, was riding his two wheeler bearing Regn.No.TN-47-U-9796 on Pudukkotai-Trichy Main Road from South to North, on the extreme left side of the road opposite to the Sun Residency, the respondent's bus bearing Registration No.TN-63-H.1239, driven by its driver in ...
Lakshmanan Vs. State represented by The Inspector of Police
Court: Chennai Madurai
Decided on: Feb-23-2016
(Prayer: Criminal appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973, against the Judgment dated 11.11.2013 passed in Sessions Case No.164 of 2010 by the First Additional District and Sessions Court, Madurai.) A. Selvam, J. 1. The convictions and sentences dated 11.11.2013 passed in Sessions Case No.164 of 2010 by the First Additional District and Sessions Court, Madurai are being challenged in the present Criminal Appeal. 2. The case of the prosecution is that the parents of the de facto complainant prior to twenty years have purchased a house plot from one Kaliappan in Jawahar Nagar, Tirumangalam. In the said plot, they constructed a building in a small portion. The remaining portion has been used as its appurtenance. The accused has encroached a portion of vacant place and thereby deterred sewage water and due to that a problem has arisen between de facto complainant and accused. Further another problem has been existence between the de facto complainant an...
M/s. Saheli Exports Pvt. Ltd. Vs. GAIL (India) Limited
Court: Chennai
Decided on: Feb-23-2016
(Prayer Application filed under Order XIV Rule 8 of the Original Side Rules read with Section 9(ii) of the Arbitration and Conciliation Act, 1996 to grant order order of interim injunction restraining the respondent from issuing/raising any supplementary invoice/debit notes on the applicant based on the take or pay clause in the GSTA for the duration when the applicant was unable to lift gas on account of the applicant having to shut down its plant or reduce generation at its plant on account of the instructions issued by the SLDC to the applicant to reduce/stop generation of power at the applicant's power plant pending the arbitration proceedings.) This application is filed under section 9 of the Arbitration and Conciliation Act 1996, seeking for an order of interim injunction restraining the respondent from issuing/raising any supplementary invoice/debit notes on the applicant based on the take or pay clause in the GSTA for the duration when the applicant was unable to lift gas on ac...
V. Bakthavachalam Vs. The Member Secretary, Chennai Metropolitan Devel ...
Court: Chennai
Decided on: Feb-23-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Certiorarified Mandamus to call for the records of the second respondent in G.O.(3D) No.5, Housing and Urban Development [UD-VI(1)] Department dated 8.1.2016, quash the same and consequently direct the respondents to regularise the structure of the Petitioner in Door No.18, New No.4, Aranganathan Subway Road, Saidapet, Chennai 15.) M.Venugopal, J. 1. The Petitioner has preferred the instant Writ Petition praying for passing of an order by this Court in calling for the records of the 2nd Respondent in G.O.(3D)No.5, Housing and Urban Development [UDVI( 1)] Department dated 08.01.2016 and to quash the same. Further, he has sought for passing of a consequential order by this Court in directing the Respondents to regularise his structure at Door No.18, New No.4, Aranganathan Subway Road, Saidapet, Chennai. 2. The 2nd Respondent, while passing the impugned order in G.O. (3D)No.5, Housing and ...
Tvl. Kanishga Maligai Vs. The Appellate Deputy Commissioner (CT), Tric ...
Court: Chennai Madurai
Decided on: Feb-23-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for the records in S.P. No.20/2016 in VAT AP.No.356/2015 dated 22.01.2016 on the file of the 1st respondent and quash the same as illegal and direct the 2nd respondent to accept the personal bond to be executed by the petitioner in lieu of security.) 1. Aggrieved against the conditions imposed by the appellate authority, while granting stay, the petitioner firm is before this Court. 2. Mr.R.Karthikeyan, learned Additional Government Pleader takes notice for the respondents. 3. By consent, the writ petition is taken up for final disposal. 4. It is the case of the petitioner that as per the direction of the second respondent the petitioner firm has already paid Rs.23,426/- towards the disputed tax. For the balance amount, the appellate authority directed the petitioner firm to file a Security Bond or Bank Guarantee. However, the petitioner firm is not ...
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