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Chennai Court February 2016 Judgments

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Feb 25 2016

Naravala @ Balamurali Vs. State rep. by Inspector of Police

Court: Chennai

Decided on: Feb-25-2016

(Prayer: Criminal Appeal filed under Section 374 (2) of the Code of Criminal Procedure against the judgment of conviction and sentence made in S.C.No.86/2010 by the learned Additional District and Sessions Judge, Fast Track Court No.I, Salem, dated 04.06.2010.) Dr. P. Devadass, J. 1. The appellant is the sole accused in the Sessions Case in S.C.No.86/2010 on the file of the learned Additional Sessions Judge, Fast Track Court No.I, Salem. 2. On 04.06.2010, the learned Additional Sessions Judge found him guilty under Section 302 IPC and sentenced him to life imprisonment with a fine of Rs.1,00,000/-, with default sentence of one year rigorous imprisonment. 3. The case of the prosecution briefly runs as under:- (i) PW-2's son and daughter are the deceased and PW-3. The deceased was married to PW-7. Due to some family problem, the deceased was living as a tenant in the house of PW-4. On 30.08.2008, in the said house, she was found dead with multiple injuries. (ii) PW-1 VAO lodged Ex.P-1 co...


Feb 25 2016

G. Ravichandran Vs. The Principal Secretary, Highways and Minor Ports, ...

Court: Chennai Madurai

Decided on: Feb-25-2016

(Prayer in W.P(MD)No.8929 of 2015: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the third respondent in his proceedings K.No.4518/2009/Vu.Po2, dated 14.05.2015 and quash the same as illegal and consequently, direct the respondents herein to take appropriate measures to draw a composite plan to construct road over bridge and service road abutting Ramamurthy Road, Virudhunagar Town, simultaneously to ensure free access of the petitioner to the public places.) Common Order 1. Here, is an yet another round of litigation by the respective petitioners, regarding the issue of construction of a Road Over Bridge in lieu of Existing LC.No.403 at Railway Km. 538/500 - 600 between Virudhunagar and Thulukkapatti Railway Stations (Virudhunagar Town). 2. W.P(MD)No.8929 of 2015 has been filed seeking a Writ of Certiorarified Mandamus to call for the records relat...


Feb 25 2016

Mumtaz Chelladurai Vs. The Sub-Registrar, Neelankarai and Another

Court: Chennai

Decided on: Feb-25-2016

(Prayer: Petition filed under Article 226 of The Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the respondent relating to the check slip dated 19.10.2015 bearing No. 10 of 2015, quash the same and to direct the respondent to register the deed of cancellation of power of attorney dated 15.10.2015 and release the same to the petitioner forthwith.) The petitioner has come forward with this writ petition questioning the correctness of the order dated 19.10.2015 by which the first respondent refused to entertain the cancellation deed dated 15.10.2015 submitted by the petitioner for registration. 2. The case putforward by the petitioner, as could be revealed from the affidavit filed in support of the writ petition, is that her husband was the owner of various properties and after his demise, the properties devolved upon the petitioner and her son. One such property is comprised in Survey Nos. 286/1 to 4, 286/8B, 286/8A, 286/7, 286/5, 288/4B, 2...


Feb 25 2016

Pandian Vs. S. Varadharajan and Others

Court: Chennai Madurai

Decided on: Feb-25-2016

(Prayer: Criminal Miscellaneous Petition filed U/s. 482 of the Criminal Procedure Code r/w article 215 of the Constitution of India praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to recall the order passed in Crl.O.P.(MD). No.2984 of 2016 dated 18.2.2016 before this High Court. Prayer in CRL OP(MD). 2984/ 2016: Criminal Original Petition filed under Section 482 of Cr.P.C. to order 2nd respondent to give police protection for cutting of trees in tanks viz. 1) Periakulam (S.No. 14), 2. Parayankulam (S.No. 30), 3. Ovankulam (S.No. 33), 4. Pudhukulam (S.No. 34) and 5. Molayankulam (S.No. 43) in Pidampatti Village in Pudhukottai District by successful bidders 1. Thiru C. Lakshmanan, S/o. Chindambaram, Vangarampatti, 2. Thiru. K. Selvam S/o. Kulanthaisamy Aavoor, 3. Durairaj, S/o. Poomakonar, Keeranur, 4. S.Subramani, S/o. Shanmugam, Sengalakudi, 5. M. Balachandran, S/o. Muniyandi, Mathur as per order dated 29.01.2016 in M....


Feb 25 2016

C. Kannan Vs. P. Manimekalai

Court: Chennai Madurai

Decided on: Feb-25-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Judicial Magistrate, Manaparai, Trichy District to consider on the same day the petitioner's surrender and warrant recall application in STC No.70 of 2013 and to recall the non bailable warrant against him.) 1. This petition has been filed to direct the learned Judicial Magistrate, Manaparai, Trichy District to consider on the same day the petitioner's surrender and warrant recall application in S.T.C.No.70 of 2013 and to recall the non bailable warrant against him. 2. Heard the learned counsel for the petitioner. 3. It is seen that this petitioner was convicted by the learned Judicial Magistrate, Manaparai, Trichy District in S.T.C.No.70 of 2013 on 05.02.2016, on which date, the petitioner was not present in the Court. Learned Magistrate passed the order of conviction, but did not sentence the accused, since the Magistrate has to question the accused on sentence. The petitioner has co...


Feb 25 2016

S.K. Ramasamy and Another Vs. S.S. Chellakutti

Court: Chennai

Decided on: Feb-25-2016

(Prayer: Appeal filed under Section 100 C.P.C., against the Judgment and Decree dated 24.3.2008 made in A.S.No.69 of 2007 on the file of the Additional District Court / Fast Track Court No.IV, Bhavani, reversing the Judgment and Decree dated 20.07.2007 made in O.S.No.102 of 1999 on the file of the Subordinate Court, Bhavani.) 1. This Memorandum of Second Appeal has been directed against the Judgment and Decree dated 24.3.2008 and made in the Appeal in A.S.No.69 of 2007 on the file of the learned Additional District Court (Fast Track Court No.IV), Bhavani, reversing the Judgment and Decree dated 20.7.2007 and made in the suit in O.S.No.102 of 1999 on the file of the learned Subordinate Judge, Bhavani. 2. The appellants herein are the defendants in the suit whereas the respondent is the plaintiff. 3. For easy reference and for the sake of convenience, the respondent may hereinafter be referred to as the plaintiff and the appellants be referred to as the defendants wherever the context so...


Feb 25 2016

S. Kasirajan Vs. The Deputy Superintendent of Police, Madurai and Anot ...

Court: Chennai Madurai

Decided on: Feb-25-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent police to secure the real culprits in connection with FIR in Crime No.492 of 2015 on the file of the 2nd respondent within the stipulated time.) 1. This petition has been filed to direct the 2nd respondent police to secure the real culprits in connection with FIR in Crime No.492 of 2015 on the file of the 2nd respondent. 2. Heard learned counsel for the petitioner and learned Government Advocate (Crl.Side), appearing for the State. 3. It is the grievance of the petitioner that the land in question in Thenoor Village II Bit, is a Natham Promboke and that one Subramani, Karuppayee, Tamilselvan and Chandran have created forged documents as if the property belongs to them and sold it to one Malaisamy by Doc.No.1660 of 2002. In this regard, the petitioner has lodged a complaint, based on which, a case in Crime No.492 of 2015 under Section 420 IPC has been registered by the respondent...


Feb 25 2016

G. Nagendran Vs. Secretary to Government Corporation and Others

Court: Chennai Madurai

Decided on: Feb-25-2016

(Prayer:Review Application is filed under Order 47, Rule 1, read with Section 114 of C.P.C. against the order dated 17.04.2014 in M.P.(MD).No.50553 of 2010.) Common Order S. Manikumar,J. 1. M.P.(MD).No.2 of 2014 is filed by the Secretary to Government, Cooperation, Food and Consumer Protection Department, Chennai, and 3 others, to condone the delay of 278 days in filing W.A.(MD).No.SR50553 of 2010. Appeal is against the order made in W.P.(MD).No.1151 of 2009, dated 17.11.2009, by which a learned single Judge has set aside the punishment imposed by the Government in G.O.(1)No.215 Cooperation Food and Consumer Protection (CLI) Department, which exercised suo motu power provided under Rule 36 of the Tamil Nadu Civil Service (Discipline and Appeal) Rules. 2. Contentions of the appellants in W.A.(MD).No.Sr50553/2010 is that the State Government may at any time suo motu review the orders passed by the subordinates, and the period of limitation is not restricted to six months. 3. M.P.(MD).No....


Feb 25 2016

P. Ramkumar Adityan Vs. The Superintendent of Police, Tuticorin and An ...

Court: Chennai Madurai

Decided on: Feb-25-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to array the driver concerned of a Omni Bus, namely, Texcity Travels, which is running between Coimbatore and Udankudi as accused in Crime No.165 of 2015 on the file of the 2nd respondent police considering the petitioner's representation dated 10.08.2015.) 1. This petition has been filed to direct the 2nd respondent to array the driver concerned of a Omni Bus, namely, Texcity Travels, which is running between Coimbatore and Udankudi as accused in Crime No.165 of 2015 on the file of the 2nd respondent police considering the petitioner's representation dated 10.08.2015. 2. Heard learned counsel for the petitioner and learned Government Advocate (Crl.Side). 3. It is seen that this petitioner met with an accident, in connection with which, a case in Crime No.165 of 2015 under Sections 279 and 337 IPC has been registered on 09.06.2015 by the respondent police, on the complaint given...


Feb 25 2016

J. Sagaya Arokia Nayagi and Others Vs. State and Another

Court: Chennai Madurai

Decided on: Feb-25-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to dispose of the case pending in C.C.No.166 of 2008 on the file of the learned Judicial Magistrate No.II, Thiruchirappalli within a period of 3 months.) 1. This petition has been filed to direct the respondent to dispose of the case pending in C.C.No.166 of 2008 on the file of the learned Judicial Magistrate No.II, Thiruchirappalli within a period of 3 months. 2. Heard the learned counsel for the petitioners and the learned Government Advocate(Cr.side) appearing for the respondent and perused the materials placed on record. 3. It is seen that FIR in this case was registered on 09.10.2003 and after completing the investigation, the respondent police have filed a final report in C.C.No.166 of 2008 against 17 accused before the learned Judicial Magistrate No.II, Trichirappalli. While so, the proceedings against A5, A11, A12, A14, A15, A16 and A17 were quashed by this Court. Now there ...


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