Chennai Court March 2016 Judgments
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Selvam Vs. The Inspector of Police, Thiruverkadu Police Station
Court: Chennai
Decided on: Mar-18-2016
(Prayer: Criminal appeal preferred under Section 374(2) Cr.P.C., against the judgement dated 07.07.2010 passed by the Additional District and Sessions Judge, Fast Track Court No.II, Poonamallee, in S.C.No.200 of 2010.) S. Nagamuthu, J. 1. The appellant is the sole accused in Sessions Case No.200 of 2010, on the file of the Additional District and Sessions Judge, Fast Track Court No.II, Poonamallee. He stood charged for the offence under Section 302 of the Indian Penal Code. By judgement dated 7.7.2011, the trial Court convicted him under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default, to undergo rigorous imprisonment for one year. 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 Mr.Rajesh @ Rajesh Kannan. P.W.1 is the mother and P.W.5 is the father of the decease...
D. Thangaraj and Others Vs. G. Kalpana and Another
Court: Chennai Madurai
Decided on: Mar-18-2016
(Prayer: The Civil Revision Petitions are filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated, 09.12.2015 made in I.A.Nos.202 to 204 of 2013 in O.S.No.78 of 2006, on the file of the learned Principal District Munsif, Valliyoor / Additional District Munsif, Valliyoor(FAC).) Common Order 1. The Civil Revision Petitions are filed against the fair and decreetal order, dated 09.12.2015 made in I.A.Nos.202 to 204 of 2013 in O.S.No.78 of 2006, on the file of the learned Principal District Munsif, Valliyoor / Additional District Munsif, Valliyoor(FAC). 2. The revision petitioners are the plaintiffs in O.S.No.78 of 2006. They filed a suit for partition and separate possession of the plaintiffs 2/3 share in the schedule property, against the second respondent. The second respondent herein filed written statement. At the time of trial they did not appear. Therefore, ex parte preliminary decree was passed on 19.10.2009. Subsequently, the final decre...
Father of the Constitution of India Foundation, represented by its Man ...
Court: Chennai Madurai
Decided on: Mar-18-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to issue Community Certificate to the persons, who embraced Buddhism by mentioning their religion name alone as Nav Buddha, based on the representation of the petitioner dated 03.03.2015 within the time stipulated by this Court.) S. Manikumar, J. 1. Managing Trustee of the Father of the Constitution of India Foundation and a practicing lawyer has sought for a Writ of Mandamus, directing the respondents to issue Community Certificates to persons, who have embraced Buddhism, by mentioning their religion name alone, as Nav Buddha, based on the representation of the petitioner, dated 03.03.2015, within a time frame. 2. Supporting the prayer sought for, the petitioner has relied on an order passed by the Caste Certificate Scrutiny Committee, No.3, Pune, dated 29.01.2012, wherein the community of one Chaudhari Bharat has been mentioned as Sch...
Ambuja Narasimhan and Others Vs. Maxworth Home Ltd. Rep. by its Author ...
Court: Chennai
Decided on: Mar-17-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the order of the Principal District Munsif, Alandur dated 07.01.2016 made in I.A.No.138 of 2014 in O.S.No.417 of 2013.) 1. This civil revision petition has been filed under Article 227 of the Constitution of India against the order of the trial Judge, namely the Principal District Munsif, Alandur dated 07.01.2016 made in I.A.No.138/2014 in O.S.No.417/2013 on the file of the said court. The said suit came to be filed against one Ambuja Narasimhan. On the date of presentation of the plaint itself, the said Ambuja Narasimhan was no more. Thereafter, the plaintiff filed the above said application I.A.No.138/2014 under Order I Rule 3 CPC praying for impleadment of the revision petitioners herein as defendants 2 to 7 in the said suit. The application was resisted on the ground that the suit filed against a dead person was non-est and also on the ground that the cause of action did not survive the de...
M/s. Ragavi Poultry Farm, Rep by its Managing Partner S. Arumugam Vs. ...
Court: Chennai Madurai
Decided on: Mar-17-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records of the order passed by the 1st respondent Tribunal dated 11.02.2016 in I.A.No.321 of 2016 in S.A.No.54 of 2016 in so far as the conditional order to pay Rs.40 lakhs in two installments and quash the same.) S. Manikumar, J. 1. Challenge in this writ petition, is to an order, made in I.A.No.321 of 2016 in S.A.No.54 of 2016, dated 11.02.2016, on the file of the Debts Recovery Tribunal, Madurai, by which, the Tribunal has granted stay of confirmation of the sale fixed on 12.02.2016, subject to the condition that the writ petitioner has to make payment of Rs.20,00,000/- to the 2nd respondent/Bank, directly on or before 11.03.2016, as first installment and another payment of Rs.20,00,000/- as the second installment on or before 11.04.2016. 2. Debts Recovery Tribunal, Madurai, has also made it clear that in the event of failure to make single payment, ad-interi...
Ubaharameri Vs. The Superintendent of Police, Sivagangai and Others
Court: Chennai Madurai
Decided on: Mar-17-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents 1 and 2 not to interfere in the civil dispute till the disposal of the O.S.No. 43 of 2015 on the file of the District Munsif Court Thiruppathur.) 1. This petition has been filed to direct the respondents 1 and 2 not to interfere in the civil dispute till the disposal of the O.S.No. 43 of 2015 on the file of the District Munsif Court Thiruppathur. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that on the basis of the complaint given by one Adaikalam, petition enquiry is pending. 3. In view of the above submission, the 2nd respondent is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the respondent police shall take action in accordance with the law laid down by the...
M/s. Lingam and Co., Vs. M.M.S. Dawood and Another
Court: Chennai Madurai
Decided on: Mar-17-2016
(Prayer: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, to set aside the fair and decretal order, dated 20.01.2016, passed in I.A.No.62 of 2015 in Unregistered Rent Control Appeal, by the learned Principal Subordinate Judge, Tirunelveli.) 1. This Civil Revision Petition has been filed to set aside the fair and decretal order, dated 20.01.2016, passed in I.A.No.62 of 2015 in Unregistered Rent Control Appeal, by the learned Principal Subordinate Judge, Tirunelveli. 2. The petitioner/tenant is the respondent in R.C.O.P.No.40 of 2014. The respondents herein have filed the said R.C.O.P., for eviction of the petitioner on the ground of willful default and owners' occupation. They also filed I.A.No.40 of 2015 under Section 11 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 [hereinafter referred to as the Act ], seeking a direction to the petitioner to pay or deposit the rent of Rs.11,60,775/- and a further directi...
B.N. Alexander Vs. The Sub Registrar, Kanyakumari and Others
Court: Chennai Madurai
Decided on: Mar-17-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct to examine the petitioner as witness as per the summon issued to the petitioner dated 05.02.2016 in C.C. No.75/2013 pending on the file of Judicial Magistrate No.1, Kuzhithurai.) 1. This petition has been filed to direct to examine the petitioner as witness as per the summon issued to the petitioner dated 05.02.2016 in C.C. No.75/2013 pending on the file of Judicial Magistrate No.1, Kuzhithurai. 2. When the matter was taken up for hearing, learned counsel for the petitioner submitted that the petitioner has already been examined as witness in C.C.No.75 of 2013 before the learned Judicial Magistrate No.1, Kuzhithurai. 3. In view of the above submission, this Criminal Original Petition has become infructuous and the same is closed. Consequently, connected miscellaneous petition is also closed....
R. Sivasamy Vs. The District Collector, Coimbatore District and Others
Court: Chennai
Decided on: Mar-17-2016
(Prayers: Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for the records pertaining to the notice dated 02.03.2015, issued by the third respondent vide proceeding Na.Ka.No.8999/2014/A2, to convene a meeting on 12.03.2015 and consequential notice issued by the first respondent dated 13.03.2015, bearing Na.Ka.No.1772/2012/A3, and to quash the same. W.P.No.34909 of 2012: Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for the records relating to the impugned notice of the first respondent in Na.Ka.No.1772/2012/A3, dated 24.08.2012 and quash the same.) Common Order 1. All the three Writ Petitions have been filed by Mr.R.Sivasamy, the elected President of Thennamanallur Panchayat in Coimbatore District. In W.P.No.9167 of 2015, the petitioner has challenged the show cause notice issued by the District Collector, Coimbatore District/first respondent, dated 13.03.2015, calling...
Murugan Vs. The State Rep. by Inspector of Police, Chennai
Court: Chennai
Decided on: Mar-17-2016
(Prayer: Appeal filed under Section 374(2) of the Code of Criminal Procedure against the conviction and sentence passed by the learned III Additional Sessions Judge, Tiruvallur @ Poonamallee, Tiruvallur District.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.63 of 2010 on the file of the learned III Additional Sessions Judge, Tiruvallur at Poonamallee. He stood charged for offence under Section 302 of IPC. The trial court, by judgement dated 26.07.2012, convicted him under Section 302 of IPC and sentenced him to under go imprisonment for life and to pay a fine of Rs.1,000/- in default to suffer rigorous imprisonment for a further period of one year. Challenging the above said conviction and sentence, the sole accused is before this court with the present criminal appeal. 2. The case of the prosecution in brief is as follows:- The deceased in this case was one Mr.Mohanraj. P.W.1 and P.W.2 are the wife and the daughter respectively of the deceased. They were residing a...
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