Chennai Court March 2016 Judgments
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R. Subha Priya Vs. J. Yuvaraj
Court: Chennai
Decided on: Mar-28-2016
(Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw and transfer of O.P.No.4195 of 2015 on the file of the Principal Family Court, Chennai to Sub Court, Nagercoil.) 1. The wife is the petitioner and the husband is the respondent in the transfer Civil Miscellaneous Petition. The husband filed O.P.No.4195 of 2015 on the file of the Family Court, Chennai which is now pending on the file of the Principal Judge, Family Court, Chennai, under Section 13[1][i-a] of the Hindu Marriage Act, 1955 for a decree of divorce dissolving the marriage between them. The wife has now come forward with the present petition for transferring the said O.P. to the file of the Sub Court, Nagercoil within whose jurisdiction she resides. The respondent has filed a counter which contains averments pertaining to the merits of the O.P. 2. The arguments advanced by Mr.J.Kamaraj, learned counsel for the petitioner and by Mr.G.Padmanabhan, learned counsel for the respondent are he...
Petitioner vesus Respondents:------
Court: Chennai Madurai
Decided on: Mar-28-2016
1. It is seen that Mr.S.J.Sundar Singh is an accused in Crime No.201 of 2006 on the file of the Inspector of Police, Navalpattu Police Station, Tiruchirappalli, challenging which, he has filed Crl.O.P.(MD) No.611 of 2011 for quashing the same. During the pendency of Crl.O.P.(MD) No.611 of 2011, Mr.S.J.Sundar Singh has filed the present miscellaneous petition, which is in SR stage, for the following prayer: ...Hon'ble Court may be graciously pleased to direct the R-2 to explain the circumstances and furnish the copies of the documents collected by him from the Factory on 25/1/2016.... 2. Office entertained doubts about the maintainability of this petition and hence, the matter was posted for deciding the issue of maintainability before this Court on 22.03.2016. 3. Heard Mr.S.J.Sundar Singh, Party-in-Person, who reiterated the stand taken by him in the petition. It is Mr.Sundar Singh's contention that Mr.C.S.Sivakumar, Joint General Manager, Ordnance Factory, Trichy (R2) had collected ...
The Branch Manager, Iffco Tokyo General Insurance Company Ltd. Vs. Sam ...
Court: Chennai Madurai
Decided on: Mar-28-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 26.08.2015 in MCOP.No.639 of 2014 on the file of the Motor Accident Claims Tribunal, II Additional District Judge, Tirunelveli.) S. Manikumar, J. 1. Challenge in this appeal, is to the finding fixing negligence on the driver of the bus bearing registration No.TN-72-D-5733, insured with the appellant company and the quantum of compensation of Rs.15,67,000/- with interest @ 9% per annum, awarded to the legal representatives of the deceased Murugan by the Motor Accident Claims Tribunal, II Additional District Court, Tirunelveli, in the judgment and decree made in MCOP.No.639 of 2014, dated 26.08.2015. 2. Facts leading to the appeal are that on 30.03.2014, Murugan, aged about 40 years, working as a driver cum customer service crew in Marrybrown at Tirunelveli, was riding a motor cycle bearing registration No.TN-72-AH-6878. Near a Tower, at Palayamcottai, a bus bearing registration...
Raviselvan, S/o.Ramachandiran Vs. Varatharaja Bhoopathy and Others
Court: Chennai Madurai
Decided on: Mar-28-2016
(Prayer: Civil Revision Petition filed under Section 115 of C.P.C., to set aside the fair and decretal order dated 08.12.2015, passed by the learned II Additional Subordinate Judge, Nagercoil, made in I.A.No.125 of 2014 in A.S.No.79 of 2013.) 1. This Civil Revision Petition has been filed to set aside the fair and decretal order dated 08.12.2015, passed by the learned II Additional Subordinate Judge, Nagercoil, made in I.A.No.125 of 2014 in A.S.No.79 of 2013. 2. The petitioner is the third party in A.S.No.79 of 2013. The petitioner filed I.A.No.125 of 2014, for impleading himself as a party respondent to the appeal, on the ground that he is the subsequent purchaser and therefore, he is necessary party to decide the issue. The learned Judge considering all the materials on record, dismissed the application holding that for the issue involved in the first appeal, the respondent is not a necessary party. Against the said order of dismissal, the present civil revision petition is filed. 3....
Babu Vs. State, rep. by the Inspector of Police, Krishnagiri
Court: Chennai
Decided on: Mar-28-2016
(Prayer: Criminal appeal preferred under Section 374 Cr.P.C., against the judgment dated 20.02.2013 passed by the Additional Sessions Judge, Krishnagiri, in S.C.No.108 of 2010.) S. Nagamuthu, J. 1. The appellant is the sole accused in Sessions Case No.108 of 2010, on the file of the Additional Sessions Judge, Krishnagiri. He stood charged for the offences under Sections 499 and 302 of the Indian Penal Code. By judgment dated 20.02.2013, the trial Court convicted him under Section 302 of the Indian Penal Code alone and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default, to undergo simple imprisonment for six months. Challenging the said conviction and sentence, the appellant is 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 Mrs.Sakunthala. The accused had illicit intimacy with her for about 14 years, prior to the occurrence. She was residing as a tenant in the house o...
The Director of Elementary Education, Government of Tamil Nadu, Nungam ...
Court: Chennai
Decided on: Mar-28-2016
(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order of this Court dated 04.07.2014 in W.P.No.25927 of 2012.) W.P.No. 25927 of 2012: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, Calling for the records on the file of the Second Respondent in Reference No.O.Mu.2162/A2/2012 dated 11.07.2012 to quash the same and consequently to direct the respondents to approve the appointment of one Mr. R. Saravana Babu as Secondary Grade Teacher in the Primary School, in petitioner School from the date of Appointment i.e. 20.02.2012 and to pay all necessary attendant Financial benefits like salary with arrears and all other emoluments.) M. Venugopal, J. The Appellants/Respondents have preferred the instant intra-Court Writ Appeal as against the order dated 04.07.2014 in W.P.No.25927 of 2012 passed by the Learned Single Judge. 2. The Learned Single Judge, while passing the impugned order on 04.07....
Oriental Insurance Company Ltd., Kumbakonam, rep. by its Branch Manage ...
Court: Chennai Madurai
Decided on: Mar-28-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 30.06.2014 in MCOP.No.369 of 2012 on the file of the Motor Accident Claims Tribunal, Principal Sub Judge, Kumbakonam.) S. Manikumar, J. 1. Being aggrieved by the award made in MCOP.No.369 of 2012, dated 30.06.2014, by the Motor Accident Claims Tribunal, Principal Sub Judge, Kumbakonam the appellant has filed this appeal. As the challenge is limited only to quantum of compensation of Rs.13,56,000/- with interest, @ 7.5% per annum, awarded to the legal representatives of the deceased, there is no need to advert to the finding of the Tribunal, fixing negligence on the driver of the offending vehicle, insured with the appellant company and the consequential liability. 2. The Tribunal has awarded compensation of Rs.13,56,000/- with interest, @ 7.5% per annum under the following heads:- Loss of income=Rs.12,96,000/-Loss of love and affection=Rs. 50,000/-Funeral expenses=Rs. 10,000/...
M/s. Sundaram Finance Limited Vs. The Deputy Commissioner of Income Ta ...
Court: Chennai
Decided on: Mar-28-2016
(Prayer : Appeal filed under Section 260 A of the Income Tax Act, against the order of the Income Tax Appellate Tribunal 'B' Bench, Chennai, dated 13th July 2005 in ITA Nos.2781/(Mds)/95.) V. Ramasubramanian, J. 1. This appeal is by the Assessee, under Section 260-A of Income Tax Act 1961, raising the following substantial questions of law:- (1) Whether on the facts and circumstances of the case, the Tribunal was right in holding that the unabsorbed investment allowance had to be deducted from profits for the purpose of computing and allowing deduction under Section 32-AB ? (2) Whether on the facts and in the circumstances of the case the Tribunal was right in not appreciating that deduction under Section 32-AB had to be allowed before set off under Section 72 and hence before deducting unabsorbed investment allowance from the earlier years ? 2. Heard Mr.R.Vijayaraghavan, learned counsel for the Assessee and Mrs.Hema Muralikrishnan, learned Junior Standing Counsel for the Department. 3...
Sriraman and Others Vs. The State represented by the Inspector of Poli ...
Court: Chennai
Decided on: Mar-28-2016
(Prayer: Appeal filed under section 374 Cr.P.C., against the conviction and sentence passed in the Judgment made in SC.No.128/2010 dated 08.02.2013 on the file of the learned Principal District and Sessions Judge, at Krishnagiri.) S. Nagamuthu, J. 1. The appellants are arrayed as A1 to A3 in SC.No.128/2010 on the file of the learned Principal District and Sessions Judge, Krishnagiri. A1 is the son of A2 and A3 and the husband of the deceased. The Trial Court framed as many as three charges against all the three accused. The first charge was u/s.4[a] and 4[c] of the Tamil Nadu Prohibition of Women Harassment Act, 1998 ; the second charge was u/s.302 IPC and the third charge was u/s.201 read with 302 IPC. By judgment dated 08.02.2013, the Trial Court sentenced each of the accused to undergo imprisonment for life and to pay a fine of Rs.50,000/- each, in default, to undergo two years rigorous imprisonment for both the offences u/s.4[a] and 4[c] of the Tamil Nadu Prohibition of Women Haras...
NSVPV, Palanivel Rajan, Sivagangai District Vs. The Director, Director ...
Court: Chennai Madurai
Decided on: Mar-28-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 22.02.2016 and pass orders by this Court as this Court may deem fit and proper.) 1. The prayer in the Writ Petitionis for a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 22.02.2016. 2. By consent, the writ petition itself is taken up for final disposal. 3. The petitioner has already made a representation to the Chief Minister's Cell which has been forwarded to the District Collector, Sivagangai District, who in turn forwarded the same to the Revenue Divisional Officer, Sivagangai. The Revenue Divisional Officer, Sivagangai, has initiated the proceedings dated 09.02.2016 directing the petitioner as well as the fifth respondent to appear in person before him on 16.02.2016 . 4. In view of the above, the writ petition is disposed of wit...
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