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Chennai Court March 2016 Judgments

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Mar 17 2016

United India Insurance Company Limited, Divisional Office, Dharapuram ...

Court: Chennai Madurai

Decided on: Mar-17-2016

(Prayer in CMA(MD).No.1010 of 2014 : This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the fair and decreetal order dated 27.03.2014 made in MCOP.No.234 of 2009, on the file of Motor Accident Claims Tribunal / III Additional Sub Court, Trichy. Prayer in Cross Obj.(MD).No.22 of 2014 : This Cross Appeal in Civil Miscellaneous Appeal in CMA(MD).No.1010 of 2014 is filed by the respondent herein against the Award dated 27.03.2014 made in MCOP.No.234 of 2009, on the file of Motor Accident Claims Tribunal / III Additional Sub Court, Trichy.) 1. The Civil Miscellaneous Appeal is filed by the appellant / Insurance Company, challenging the Award dated 27.03.2014 passed in MCOP.No.234 of 2009, on the file of Motor Accident Claims Tribunal / III Additional Sub Court, Trichy. 2. Before the Tribunal, the first respondent / petitioner is the claimant. Claiming a sum of Rs.10,00,000/- as compensation for the damages to the Car in the road accident. 3. The ...


Mar 17 2016

Jegannabegam Vs. Sulthan Najmudeen

Court: Chennai Madurai

Decided on: Mar-17-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Judicial Magistrate, Uthamapalayam to dispose of the case in Cr.M.P.No.639 of 2015.) 1. This petition has been filed to direct the Judicial Magistrate Uthamapalayam to dispose of the case in Cr.M.P.No.639 of 2015. 2. Heard the learned counsel for the petitioner. 3. Taking into consideration the facts and circumstances of the case, this Court directs the learned Judicial Magistrate, Uthamapalayam to dispose of the case in Cr.M.P.No.639 of 2015, within a period of four weeks from the date of receipt of a copy of this order, if not already disposed of....


Mar 17 2016

A. Raja Sundari Vs. Suresh Kumar

Court: Chennai

Decided on: Mar-17-2016

(Prayer:- Civil Revision Petition filed under Section 115 of Civil Procedure Code, praying to set aside the order dated 05.02.2014 in I.A.No.200/2011 in HMOP No.87/2008 passed by the Subordinate Judge, Tambaram and allow this Revision Petition.) For want of a nail, the shoe was lost For want of a shoe, the horse was lost For want of a horse, the rider was lost For want of a rider, the message was lost For want of a message, the battle was lost For want of a battle, the kingdom was lost and all for the want of a horseshoe nail - Benjamin Franklin 1.1. Here is a case, where, for want of care, kingdom of matrimony is lost for the revision petitioner. 2. The following issues have been raised by the revision petitioner in this case:- 1. When a marriage is dissolved by a decree of divorce and when the time for preferring the appeal is over, whether it shall be lawful for either party to marry again thereafter, as contemplated under Section 15 of the Hindu Marriage Act? 2. When the husband ...


Mar 17 2016

P. Murthy and Others Vs. M/s. Sri Venkateswara Steels, rep. by its Par ...

Court: Chennai

Decided on: Mar-17-2016

(Prayer: Crl.OP.Nos.29082 and 29083 of 2013: Criminal Original Petitions are filed under Section 482 of Cr.P.C., to call for the records in STC. No.2913/2011 on the file of the Judicial Magistrate, Kangeyam and to quash the same insofar as it relates to the petitioners herein. Crl.OP.Nos.29084 and 29085 of 2013: Criminal Original Petitions are filed under Section 482 of Cr.P.C., to call for the records in STC. No.2926/2011 on the file of the Judicial Magistrate, Kangeyam and to quash the same insofar as it relates to the petitioners herein.) Common Order: 1. Crl.OP.Nos.29082 and 29083 of 2013 have been filed by A5 to A9 and A3 and A10 respectively in STC No.2913/2011, on the file of the Judicial Magistrate, Kangeyam. Crl.OP.Nos.29084 and 29085 of 2013 have been filed by A5 to A9 and A3 and A10 respectively in STC No.2926 of 2011 on the file of the Judicial Magistrate, Kangeyam. All these Petitions have been filed to quash the proceedings initiated under section 138 of the Negotiable In...


Mar 17 2016

B.R.K. Adityan Vs. Sun Groups Represented By Its Chairman, Chennai and ...

Court: Chennai Madurai

Decided on: Mar-17-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Judicial Magistrate, Tiruchendur to dispose of the case pending in Cr.M.P.No.10884 of 2015 on the file of the Judicial Magistrate Court, Tiruchendur, Thoothukudi District.) 1. This petition has been filed to direct the Judicial Magistrate, Tiruchendur to dispose of the case pending in Cr.M.P.No.10884 of 2015 on the file of the Judicial Magistrate Court, Tiruchendur, Thoothukudi District. 2. Heard the learned counsel for the petitioner. 3. It is seen that this petitioner has filed a private complaint, which has been taken as Cr.M.P.No.10884 of 2015 by the learned Judicial Magistrate, Tiruchendur on 04.09.2015 and since then, the matter is getting repeatedly adjourned. 4. It is the grievance of the petitioner that the learned Magistrate has not even recorded the sworn statement of the petitioner. The petitioner has also produced the Diary Extract, which shows that the petitioner was present on a...


Mar 17 2016

The Managing Director Tamil Nadu State Transport Corporation Kumbakona ...

Court: Chennai

Decided on: Mar-17-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act against the Award and decree dated 05.06.2015 passed by the Motor Claims Tribunal (IV Court of Small Causes), Chennai, made in M.C.O.P.No.280 of 2010.) R. Sudhakar, J. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent/claimant. 2. The appellant/Transport Corporation has filed the appeal challenging the Award dated 05.06.2015 passed by the Motor Accident Claims Tribunal (IV Court of Small Causes), Chennai, made in M.C.O.P.No.280 of 2010. 3. It is a case of injury. On 07.01.2010 at about 3.00 hours the injured Kanakasubramanian was travelling in the State Transport Corporation bus bearing Registration No.TN 49 N 2001. It is stated that it was driven by its driver rashly and negligently, at Nangam Chavadi, Vaitheeswaran Koil P.S. Limit and hit against the stationed bus bearing Registration No.TN49-N 1885, as a result, the injured claimant and other...


Mar 17 2016

Nandhini and Others Vs. The Secretary to the Government Home, Prohibit ...

Court: Chennai

Decided on: Mar-17-2016

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records in connection with the order of detention passed by the 2nd respondent dated 7.9.2015 in BDFGISSV No.886/2015 against the petitioner's husband the detenu Dayalan, son of Murugan, aged about 26 years, how confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.) M. Jaichandren J. 1. The petitioner, who is the wife of the the detenu herein by name Dayalan, S/o.Murugan, aged about 26 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 7.9.2015 against her husband branding him as a "Goonda" under the Tamil Nadu Act 14 of 1982. 2. The learned Additional Public Prosecutor would submit that the order of detention passed by the 2nd respondent as against the husband of the petitioner dated 7.9.2015...


Mar 17 2016

Anandan Vs. State rep. by Inspector of Police, Salem

Court: Chennai

Decided on: Mar-17-2016

(Prayer: This Criminal Appeal has been preferred against the judgment passed in S.C.No.85 of 2008, on the file of District and Sessions Court, (Fast Track Court No.1, Salem) dated 28.07.2009, convicting and sentencing the appellant to undergo imprisonment for life and to pay a fine of Rs.10,000/- in default of payment of fine amount, to undergo further 10 months of R.I. and set aside the same.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.85 of 2008 on the file of the learned Additional District and Sessions Judge, Fast Track Court No.1, Salem. He stood charged for offence under Section 302 IPC. By judgment dated 28.07.2009, the trial Court convicted him under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/-, in default to undergo rigorous imprisonment for ten months. Challenging the said conviction and sentence, the accused/appellant is before this Court with this appeal. 2. The case of the prosecution, in brief, is as ...


Mar 17 2016

Suber and Others Vs. The Inspector of Police, Madurai

Court: Chennai Madurai

Decided on: Mar-17-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Judicial Magistrate, Melur to dispose the case in C.C. No.38 of 2010 on the file of the Judicial Magistrate, Melur.) 1. This petition has been filed to direct the learned Judicial Magistrate, Melur to dispose the case in C.C. No.38 of 2010 on the file of the Judicial Magistrate, Melur. 2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the State. 3. It is seen that the petitioners are accused in C.C.No.38 of 2010 on the file of the learned Judicial Magistrate, Melur, for the offence under Section 506 (ii) IPC r/w Eve Teasing Act and Section 4 of Tamil Nadu Prohibition of Women Harassment Act. On seeing the Diary extract, though a final report was filed in the year 2010, the accused appeared only on 23.12.2011 and after furnishing copies, they were questioned on 02.03.2012. On 21.09.2012, L.Ws.1 and 2 were examined as P.Ws.1 and...


Mar 17 2016

Amthul Azeez Fathima and Another Vs. Nawab Fazeelathunnissa Begum Sahi ...

Court: Chennai

Decided on: Mar-17-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decretal order of the I Assistant Judge, City Civil Court (Wakf Tribunal), Chennai dated 28.04.2015 made in I.A.No.5342 of 2015 in O.S.No.1945 of 2015.) 1. The plaintiff in O.S.No.1945/2015 pending on the file of the learned First Assistant Judge, City Civil Court (Wakf Tribunal), Chennai is the petitioner herein. The defendant (wakf) in the said suit is the respondent herein. The above said suit was filed by the petitioner herein for : (1) a declaration that the lease agreement dated 04.12.1997 registered as Document No.88/1988 on the file of the Sub Registrar, T.Nagar and the terms and conditions contained therein with respect to the suit property are binding on the respondent herein/defendant; (2) a declaration that the demand and termination notices dated 28.11.2014 and 22.01.2015 issued by the respondent herein/defendant are illegal, invalid and void; and (3) a permanent inj...


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