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Chennai Court March 2016 Judgments

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Mar 23 2016

M/s. S.P. Agencies, Tirunelveli Vs. The Managing Director, Chennai and ...

Court: Chennai Madurai

Decided on: Mar-23-2016

(Prayer: W.P.(MD).No.2344 of 2016: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT OF MANDAMUS directing the first respondent to consider the representation of the petitioner dated 24.01.2016 on the issue about the disqualification of the second respondent to participate in the tender and defer the finalisation of the contract / tender regarding the appointment of handling and transport contractor for Tirunelveli Warehouse till such time a decision is taken on the petitioner's representation dated 24.01.2016.) W.P.(MD).No.3983 of 2016: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the 1st respondent in RC 4019/2015/G1 dated 29.01.2016 and quash the same as illegal and consequently direct the respondent to consider the candidature of the petitioner by treating the petitioner as L1 for award of the Handlin...


Mar 23 2016

Prabakaran and Others Vs. State Rep. By the Inspector of Police, Tiruv ...

Court: Chennai

Decided on: Mar-23-2016

(Prayer: Crl.A.Nos.826 of 2013 and 15 of 2014: Criminal Appeals filed under Section 374(2) of Cr.P.C. Challenging the conviction and sentence imposed by the learned IV Additional Sessions Judge, Ponneri, Tiruvallur District, in S.C.No.265 of 2008 dated 29.11.2013. H.C.P.No.1739 of 2014: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying to direct the respondent to produce the body of the detenue Mr.Prabakaran, aged 24 years, son of Gangan, before this court and set him at liberty.) Common Judgment S. Nagamuthu, J. 1. The appellants in Crl.A.No.826 of 2013 are the Accused Nos.1, 2 and 5 to 7 and the appellant in Crl.A.No.15 of 2014 is the 4th Accused in S.C.No.265 of 2008 on the file of the learned IV Additional Sessions Judge, Ponneri, Tiruvallur District. The trial court framed as many as three charges against the accused. The first charge was under Section 148 of IPC against A1 and under Section 147 of IPC as against A2 to A7; the second charge was u...


Mar 23 2016

Alagar @ Valarntha Alagar @ Alagarsamy Vs. The Government of Tamil Nad ...

Court: Chennai

Decided on: Mar-23-2016

(Prayer: Habeas Corpus Petition has been filed under Article 226 of the Constitution of India for a Writ of Habeas Corpus, calling for the records of the third respondent in No.902/Tha.Ku.2/2015, dated 21.08.2015 and quash the same and to direct the respondents to grant parole to the petitioner, viz., Alagar @ Valarntha Alagar @ Alagarsamy, convict prisoner No.902, now confined in Central Prison-I, Puzhal, Chennai, so as to undergo necessary Cardiac and Neuro Medical treatment at private hospital for a period of 30 days on the basis of petitioner's representation dated 20.12.2015.) S. Nagamuthu, J. 1. The petitioner is the life convict. He has come up with this petition seeking an order to grant parole to him, so as to undergo necessary Cardiac and Neuro Medical treatment at a private hospital for a period of 30 days on the basis of his representation dated 20.12.2015. 2. We have heard Mr.G.Jeremiah, the learned counsel appearing for the petitioner; Mr.A.N.Thambidurai, learned Addition...


Mar 23 2016

The Special Tahsildar Land Acquisition, Adi Dravidar Welfare Theni Vs. ...

Court: Chennai Madurai

Decided on: Mar-23-2016

(Prayer: Civil Revision Petition is filed under Section 13 of the Tamil nadu Acquisition Land for Harijan Welfare Schemes Act, 1978, against the judgment and decree dated 10.07.2007 passed in LA.C.M.A.No.10/97 by the Subordinate Judge, Periyakulam.) This civil revision petition has been filed to set aside the judgment and decree order dated 10.07.2007 passed in LA.C.M.A.No.10/97 by the Subordinate Judge, Periyakulam. 2. The petitioner is the respondent in LA.C.M.A.No.10 of 1997 on the file of the Subordinate Court, Periyakulam filed by the respondent for enhancement of compensation for his land acquired by the petitioner. 3. The learned Subordinate Judge, Periyakulam by judgment dated 10.07.2007, enhanced the compensation. Against the said judgment, the present civil revision petition is filed. 4. The facts of the case are as follows:- The land to an extent of 0.56.5 Hec., in Survey Nos.3109/1A2B in Thamaraikulam Bit Village, belonging to the respondent was acquired for the purpose of ...


Mar 23 2016

J. Rabees Mariyam and Another Vs. The Superintendent of Police, Thanja ...

Court: Chennai Madurai

Decided on: Mar-23-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 2nd respondent to file a final report in Crime No.339 of 2015 dated 4.12.2015 on the file of the 2nd respondent under Sections 341, 294(b), 354 and 506(i) IPC.) 1. This petition has been filed to direct the 2nd respondent to file a final report in Crime No.339 of 2015 dated 4.12.2015 on the file of the 2nd respondent under Sections 341, 294(b), 354 and 506(i) IPC. 2. Heard learned counsel for the petitioner and learned Government Advocate (Crl.Side) appearing for the State. 3. Considering the fact that the case is of the year 2015, a time bound order cannot be passed in this petition, directing the 2nd respondent police to file a final report. 4. Hence, this Criminal Original Petition is disposed of with a direction to the 2nd respondent police to expedite the investigation and file a final report as expeditiously as possible....


Mar 23 2016

Veerachinnu and Others Vs. Sago. Nesam and Others

Court: Chennai Madurai

Decided on: Mar-23-2016

(Prayer: The Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order dated 24.09.2012 made in I.A.No.475 of 2012 in O.S.No.137 of 2012 on the file of District Munsif Court, Uthamapalayam.) 1. The Civil Revision Petition is filed against the fair and decreetal order dated 24.09.2012 made in I.A.No.475 of 2012 in O.S.No.137 of 2012 on the file of District Munsif Court, Uthamapalayam. 2. The revision petitioners are defendants 5 to 8. The first respondent is the plaintiff in O.S.No.137 of 2012 . The respondents 2 to 5 are the defendants 1 to 4 in the suit. 3. The first respondent filed a suit for declaration that the suit property belongs to them and for permanent injunction. They have filed I.A.No.475 of 2012 for appointment of Advocate Commissioner and the same had been opposed by the petitioners. But, the learned Judge allowed the application. Against that, the present revision is filed. 4. The learned counsel for the petitio...


Mar 23 2016

G. Jawahar Vs. The Inspector of Police, Chennai and Others

Court: Chennai

Decided on: Mar-23-2016

(Prayer: Habeas Corpus Petition has been filed under Article 226 of the Constitution of India for a Writ of Habeas Corpus, directing the respondents to produce the body of the petitioner's daughter, namely, J.Pragathii, D/o.Jawahar, aged about 19 years, before this Court, and to set her at liberty.) S. Nagamuthu, J. 1. The petitioner is the father of one J.Pragathii, aged 19 years. According to the petitioner, on her own volition, she has gone out of her parental home and married the 3rd respondent and now, she is residing with him in Coimbatore, but the petitioner apprehends that the detenue is illegally detained by the 3rd respondent against her will. 2. From the narration of the events in the affidavit as well as the complaint made to the police, it is crystal clear that the detenue has married the third respondent on her own volition and she is living with her husband. This Court finds that there is no illegal custody of the detenue and there is no scope to pass any orders as praye...


Mar 23 2016

RM. Chinnaiah Ambalam Vs. The Superintendent of Poloice, Sivagangai Di ...

Court: Chennai Madurai

Decided on: Mar-23-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in connection with the final report filed by the 2nd respondent in re-open petition in Crime No.187 of 12 on the file of the 3rd respondent police, set aside the same and consequently direct the CBI or any other independent investigation agency to re-investigate the Criminal Case in Crime No.187 of 12 on the file of the 3rd respondent police.) 1. This petition has been filed to call for the records in connection with the final report filed by the 2nd respondent in re-open petition in Crime No.187 of 12 on the file of the 3rd respondent police, set aside the same and consequently direct the CBI or any other independent investigation agency to re-investigate the Criminal Case in Crime No.187 of 12 on the file of the 3rd respondent police. 2. Heard the learned counsel for the petitioner and learned Government Advocate (Crl.Side) appearing for the State. 3. It is seen that on the complaint given ...


Mar 23 2016

Karthick Santhanam Vs. Srividhya Kannan

Court: Chennai Madurai

Decided on: Mar-23-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to withdraw the case in M.C.No.329 of 2014 on the file of the learned Additional Mahila Court, Madurai and transfer the same to the file of the learned Family Court Judge, Madurai.) 1. This petition has been filed to withdraw the case in M.C.No.329 of 2014 on the file of the learned Additional Mahila Court, Madurai and transfer the same to the file of the learned Family Court Judge, Madurai. 2. Heard Mrs.D.Geetha, learned counsel for the petitioner and Mr.Mr.G.R.Swaminathan, learned counsel for the respondent. 3. It is seen that Karthick Santhanam got married to Srividhya Kannan on 29.05.2013 and their marriage ran into rough weather. Karthick Santhanam is residing in United States of America for the present. Karthick Santhanam filed H.M.O.P.No.2115 of 2014 before the Family Court, Chennai for divorce. On the application made by Srividhya Kannan in Tr.C.M.P.205 of 2014, HMOP 2115 of 2014 was transferred from the Fa...


Mar 23 2016

M/s. Salma Construction Pvt. Ltd., Represented by its Managing Directo ...

Court: Chennai

Decided on: Mar-23-2016

(Prayer: Plaint filed under Order VII Rule I of CPC read with Order IV Rule 1 of Original Side Rules praying for the following judgment and decree in favour of the plaintiff: a) To direct the defendants 1 to 6 specifically perform their part of the obligations of the Memorandum of Agreement dated 01.03.2014 by executing and registering the Joint Venture Agreement and Power of Attorney in respect of the suit property and register the same on a date to be fixed by this Court and in default direct the Court to execute and register the Joint Venture Agreement and Power of Attorney in respect of the Plaint Schedule property in favour of the plaintiff at the expense of the plaintiff or in the alternative direct the refund of the advance amount of Rs.2,61,80,000/- (Rupees Two Crores Sixty One Lakhs Eighty Thousand Only) paid by the plaintiff with interest at 24% per annum from the date of payment till the date of realization; b) To grant permanent injunction restraining the defendants, their ...


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