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Chennai Court March 2016 Judgments

Mar 31 2016

Vijayalakshmi, D/o.Alagappa Chettiar and Another Vs. -------

Court: Chennai Madurai

Decided on: Mar-31-2016

(Prayer: Civil Revision Petition is filed, under Article 227 of the Constitution of India, to set aside the fair and decretal Order, dated 18.02.2016, passed in I.A.No.45 of 2016 in H.M.O.P.No.45 of 2016, by the learned Subordinate Judge, Devakottai, Sivagangai District.) 1. This Memorandum of Civil Revision Petition is filed against the order of dismissal, dated 18.02.2016, in I.A.No.45 of 2016 in H.M.O.P.No.4 of 2016 by the Revision Petitioners, to dispense with six months period under Section 13-B(2) of the Hindu Marriage Act, 1955. 2. The marriage between the first and second petitioners was solemnized on 27.11.2014. Difference of opinion have arisen between them and therefore, it became impossible for them to live as husband and wife in spite of the advice of the elders. Therefore, they filed a petition in H.M.O.P.No.4 of 2016 under Section 13(B) of the Hindu Marriage Act, 1955, for divorce, by mutual consent. The said H.M.O.P. is posted to 12.07.2016, for enquiry. The petitioners...

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Mar 31 2016

The United India Insurance Company Limited Vs. P. Kannammal and Others

Court: Chennai Madurai

Decided on: Mar-31-2016

(Prayer: The Transfer CMP is filed under Section 173 of Motor Vehicles Act 1988, against the Judgment and decree dated 16.11.2004 passed in MACOP. No.4 of 2003 on the file fothe Hon'ble Motor Accidents Claims Tribunal (District Judge), Karur.) 1. The learned counsel appearing for the appellant seeks permission of this Court to withdraw this appeal and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel appearing for the appellant, the Civil Miscellaneous Appeal is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed....

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Mar 31 2016

M. Karthick Vs. State Represented by: The Inspector of Police, Dharmap ...

Court: Chennai

Decided on: Mar-31-2016

(Prayer: Petition filed under Section 374 read with Section 389(2) Cr.P.C., to suspend the sentence of imprisonment passed in S.C.No.72 of 2014 by the Sessions Judge, Fast Track Mahila Court, Dharmapuri dated 6.9.2006 and enlarge the petitioner on bail pending disposal of the Criminal Appeal.) The sole accused in S.C.No.72 of 2014 on the file of the learned Additional Sessions Judge, [Fast Track Mahila Court], Dharmapuri, seeks suspension of his sentence by granting him appeal bail under Section 389(1) Cr.P.C. 2. After trial, the learned Additional Sessions Judge convicted and sentenced him as under: ad>Conviction Sentence (i) Section 306 IPC(i) 5 years R.I and fine Rs.2,000/- i/d 2 months S.I. The fine amount has been paid. 3. PW1's daughter Mekala attempted suicide on 01.07.2010 by pouring kerosene upon herself. She was rushed to the hospital with extensive burn injuries. On 01.07.2010, she gave oral statement to PW10-Doctor [A.R.Copy Ex.P5]; on 02.07.2010, she gave statement to PW12...

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Mar 31 2016

Vairamuthu and Others Vs. The District Registrar (Administration) Regi ...

Court: Chennai Madurai

Decided on: Mar-31-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records pertaining to the impugned order passed by the first respondent in Na.Ka.No.883/Aa1/E1/2014 dated 15.03.2016 and quash the same and pass further orders as this Court may deem fit and proper.) The prayer in the Writ Petition is for a Writ of Certiorari to call for the records pertaining to the impugned order passed by the first respondent in Na.Ka.No.883/Aa1/E1/2014 dated 15.03.2016 and quash the same. 2. Mr.M.Rajarajan, learned Government Advocate takes notice for the respondents 1 and 2. By consent of both parties, the writ petition itself is taken up for final disposal. 3. The impugned order is passed in an under enquiry under Circular 67 of the Inspector General of Registration dated 03.11.2011. The authority has carefully considered and found out that there is an impersonation in respect of the registration and therefore, referred to ...

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Mar 31 2016

Ganesan and Another Vs. State Represented by The Inspector of Police, ...

Court: Chennai Madurai

Decided on: Mar-31-2016

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal and District Sessions Judge (PCR Court), Sivagangai to consider the bail application of the petitioners on the same day of their surrender pending investigation in connection with the FIR in Crime No.26 of 2016 on the file of the respondent police.) 1. This petition has been filed, seeking to direct the learned Principal and District Sessions Judge (PCR Court), Sivagangai to consider the bail application of the petitioners on the same day of their surrender pending investigation in connection with the FIR in Crime No.26 of 2016 on the file of the respondent police. 2. Learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 324 and 506(ii) IPC and Section 3(1)(x) of SC/ST Act in Crime No.26 of 2016 and that in view of the specific bar under Section 18 of t...

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Mar 31 2016

M. Elavarasi Vs. M. Veeramani

Court: Chennai

Decided on: Mar-31-2016

(Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw H.M.O.P.No.50/2014 on the file of the Subordinate Court at Tiruvannamalai and transfer the same to the file of Subordinate Court at Cuddalore.) 1. The transfer civil miscellaneous petition has come up today for admission. Notice was served on the respondent privately with the permission of the court and proof of service has been filed. The name of the respondent has also been printed in the cause list. However, the respondent has not chosen to enter appearance either in person or through counsel to oppose the transfer civil miscellaneous petition. Hence this court deems it appropriate to pass orders after hearing the submissions to be made on behalf of the petitioner. Accordingly, the submissions made by Ms.Lashmidevi, learned counsel for the petitioner are heard. The materials produced in the form of typed set of papers are also perused. 2. The wife is the petitioner and the husband is the resp...

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Mar 31 2016

Soundar @ Soundarrajan Vs. The State represented by the Inspector of P ...

Court: Chennai

Decided on: Mar-31-2016

(Prayer: Appeals filed under section 374 Cr.P.C., against the judgment passed by the learned Principal Sessions Judge, Salem in SC.No.266/2008 on 22.11.2012.) S. Nagamuthu, J. 1. The appellant Soundar @ Soundarrajan in Crl.A.No.311/2013 is arrayed as A1 and the appellant Sridevi in Crl.A.No.532/2013 is arrayed as A2 in SC.No.266/2008 on the file of the learned Principal Sessions Judge, Salem. They stood charged for the offence u/s.302 read with 34 IPC. By the judgment dated 22.11.2012, the Trial Court convicted the appellants herein for the offence u/s.302 read with 34 IPC and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs.1000/- each [no default sentence was imposed]. Challenging the said conviction and sentence, the appellants/A1 and A2 are before this Court with these appeals. 2. The case of the prosecution in brief, is as follows:- [A] The deceased in this case was one Chinnapaiyan. A2 [Sridevi] is his wife. They had children also. The deceased and ...

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Mar 31 2016

G. Anbalagan Vs. State rep. by The Inspector of Police, Thanjavur Dist ...

Court: Chennai Madurai

Decided on: Mar-31-2016

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records in S.C.No. 391 of 2015 on the file of the learned Chief Judicial Magistrate, Thanjavur at Kumbakonam, Thanjavur District and quash the same as against the petitioner.) 1. This petition has been filed, seeking to call for the records in S.C.No. 391 of 2015 on the file of the Learned Chief Judicial Magistrate, Thanjavur at Kumbakonam, Thanjavur District and quash the same as against the petitioner. 2. When the matter was taken up for hearing, learned counsel for the petitioner seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect, with liberty to move the Sessions Court for discharge. 3. In view of the above submission and endorsement made, this Criminal Original Petition is dismissed as withdrawn, granting liberty to the petitioner to move the Sessions Court for discharge, provided charges are not framed....

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Mar 31 2016

Basheer Ahamed and Others Vs. State, Represented By its, Assistant Com ...

Court: Chennai

Decided on: Mar-31-2016

(Prayer:Criminal Appeal filed under Section 374(2) Cr.P.C., against the judgment dated 29.01.2013 passed by the learned Sessions Judge, Mahila Court, Chennai S.C.No.232 of 2008.) S. Nagamuthu, J. 1. The appellants are accused 1 to 3 in S.C.No.232 of 2008, on the file of the learned Sessions Judge, Mahila Court, Chennai. They stood charged for offences under Sections 498(A), 304(b) and 406 I.P.C. By judgment dated 29.01.2013, the trial Court convicted all the three accused under all the three charges and sentenced A.1 to A.3 to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- in default to undergo simple imprisonment for three months for the offence under Section 498(A) I.P.C; A.1 to A.3 to undergo rigorous imprisonment for one year for the offence under Section 406 I.P.C; A.1 to undergo imprisonment for life and to pay a fine of Rs. 10,000/- in default to undergo simple imprisonment for six months and A.2 and A.3 to undergo rigorous imprisonment for seve...

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Mar 31 2016

Murugavel and Others Vs. Government of Tamil Nadu, Chennai and Others

Court: Chennai

Decided on: Mar-31-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the records in C.M.P.No.77/Goonda/Salem City/2015 dated 3.10.2015 on the file of the 2nd respondent herein and quash the same and direct the respondents herein to produce the body of the petitioner's brother Saravanan, aged 38 years, son of Siddhan, now confined in Central Prison, Salem, before this Court and set him at liberty.) M. Jaichandren, J. 1. This Habeas Corpus Petition has been filed by the brother of the detenu, namely, Saravanan, aged 38 years, son of Siddhan, to issue a Writ of Habeas Corpus, to call for the records in C.M.P.No.77/Goonda/Salem City/2015 dated 3.10.2015, passed by the 2nd respondent, detaining the detenu, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Vi...

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