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Chennai Court March 2016 Judgments

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Mar 07 2016

S. Edmand and Another Vs. State by: Intelligence Officer

Court: Chennai

Decided on: Mar-07-2016

(Prayer: Criminal Appeal No.161 of 2014 filed under Section 374 (2) of the Criminal Procedure Code read with Section 36-B of the NDPS Act, 1985, against the judgment of the learned Principal Special Judge, Principal Special Court under EC and NDPS Act, Chennai, dated 21.11.2013 made in C.C.No.52 of 2006, convicting the appellant to undergo Rigorous Imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- and in default, to undergo Rigorous Imprisonment for six months for the offence under Section 8 (c) read with 21 (c) of NDPS Act, and was acquitted under Section 235 (1) Cr.P.C., for the charges under Section 8 (c) read with Sections 28 and 29 of the NDPS Act and the period already undergone by the appellant shall be set-off under Section 428 Cr.P.C., Criminal Appeal No.281 of 2014 filed under Section 374 (2) of the Criminal Procedure Code read with Section 36-B of the NDPS Act, 1985, against the judgment of the learned Principal Special Judge, Principal Special Court ...


Mar 07 2016

Dr. Srivathsa and Others Vs. State of Tamil Nadu represented by its Se ...

Court: Chennai

Decided on: Mar-07-2016

(Prayer: Petition filed under Article 226 of The Constitution of India praying for issuing a Writ of Mandamus directing the respondents to grant additional bonus marks to the Petitioners - Assistant Surgeons serving in Government Medical College Hospital, Tiruvannamalai District and thereafter publish the rank list for the counselling for admission to Post Graduate Medical Courses 2016-17 accordingly.) The petitioners, who are working as Assistant Surgeons in Government Medical College Hospitals within Tiruvannamalai District, have come forward with this writ petition seeking for issuance of a Mandamus to the respondents to grant them additional bonus marks for having served in the rural/remote area i.e., Government Medical College Hospital, Tiruvannamalai District and thereafter publish the rank list for the counselling for admission to Post Graduate Medical Courses 2016-17. 2. According to the petitioners, they are working as Assistant Surgeons in various Departments of the Governmen...


Mar 07 2016

Vinothkumar and Another Vs. The Superintendent of Police, Pudukkottai ...

Court: Chennai Madurai

Decided on: Mar-07-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents to give adequate police protection to the petitioners' life and limb considering the representation of the petitioner dated 26.02.2016.) 1. This petition has been filed to direct the respondents to give adequate police protection to the petitioners' life and limb considering the representation of the petitioner dated 26.02.2016. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3. It is submitted that on the complaint lodged by the 2nd petitioner's father that his daughter has gone missing, the respondent police is conducting enquiry in CSR No.16 of 2016. 4. Learned counsel for the petitioners submitted that the 1st petitioner has married Adaikkammai / 2nd petitioner herein, which is opposed by Adaikkammai's father. 5. Under such circumstances, the petitioners are directed to appear before the 3rd respondent and ...


Mar 07 2016

S. Raja Vs. The Manager (Claims), Divisional office, Chennai

Court: Chennai

Decided on: Mar-07-2016

(Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a write of Mandamus, to direct the respondent to pay the petitioner a sum of Rs.1,00,000/- + Rs.70,000/- + Rs.5,47,910/- + Rs.70,000/- arising out of four Life Insurance Polices of his wife, the deceased Mrs. Gomathi Gayathri, bearing the policy Nos.(1)712317614, (2)712976266, (3)713347671, (4)713348010, together with all the benefits accruing therefrom, with interest at the rate of 15% from the date of dishonoured cheque dated 29.05.2015, till realisation and cost.) 1. This writ petition has been filed by the petitioner praying for issuance of a writ of Mandamus, to direct the respondent to pay the petitioner a sum Rs. 1,00,000/- + Rs.70,000/- + Rs.5,47,910/- + Rs.70,000/- arising out of four Life Insurance Polices of his wife, the deceased Mrs.Gomathi Gayathri, bearing the policy Nos.(1)712317614, (2)712976266, (3)713347671, (4)713348010, together with the benefits accruing there from...


Mar 04 2016

Velumani Vs. The District Collector, Erode and Another

Court: Chennai

Decided on: Mar-04-2016

(Prayer: This writ petition in WP No. 4196 of 2016 is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the respondents from demolishing the petitioner's house situated in S.No.276/3, Punjaikalamangalam Village, Erode Taluk and District, pending disposal of the statutory appeal filed under Section 10 of Land Encroachment Act dated 10.02.2016 before the first respondent.) M. Venugopal, J. 1. Heard both sides. 2. By consent, the main writ petition is taken up for final disposal at the admission stage itself. 3. According to the petitioner, this Court, on an earlier occasion, when he moved W.P. No.5657 of 2016, on 22.02.2016 at paragraphs 3 and 4, had observed the following and disposed of the writ petition: "3. The learned counsel for the petitioner submits that as against the notice issued under Section 6 of the Act, the petitioner has preferred an appeal before the District Collector under Section 10 of the Act on 10 February 2016 along...


Mar 04 2016

M. Thavasi Vs. The Superintendent of Police, Madurai and Others

Court: Chennai Madurai

Decided on: Mar-04-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the Respondents 1 to 4 to take action against the accused on the basis of petitioner representation dated 25.12.2015 and consequently direct the respondents to give adequate police protection to the selection committee meeting to be convened for the process of selecting "Periyapoosari" in "SRI KADASARI NALLA KURUMBAN SAMY" Temple Iyanarkulam Village Usilampatti Madurai District.) 1. This writ petition has been filed, seeking a direction to the Respondents 1 to 4 to take action against the accused on the basis of the petitioner's representation dated 25.12.2015 and consequently direct the respondents to give adequate police protection to the selection committee meeting to be convened for the process of selecting "Periyapoosari" in "SRI KADASARI NALLA KURUMBAN SAMY" Temple Iyanarkulam Village Usilampatti Madurai District. 2. The direction as prayed for by the petition...


Mar 04 2016

ICICI Lombard General Insurance Co., Through its Divisional Manager, M ...

Court: Chennai Madurai

Decided on: Mar-04-2016

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the fair and decreetal order dated 21.03.2011 in MCOP.No.111 of 2008 on the file of Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Sivagangai.) S. Manikumar, J. 1. Civil Miscellaneous Appeal is directed against the judgment and decree, made in MCOP.No.111 of 2008, dated 21.03.2011, by which, the Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Sivagangai, has awarded compensation of Rs.25,00,000/- with interest @ 7.5% per annum, to the accident victim, assessed to have been permanently disabled at 66%. 2. Appeal is against the quantum of compensation. Therefore, it is not necessary to advert to the aspect of negligence and liability. 3. Facts leading to the appeal are that, on 08.02.2008, by 07.30 P.M., when the 1st respondent/claimant along with his family members, were walking along Manamadurai Railway Station Road, proceeding to Rameshwaram, on a Pilgrimage, and near the Railwa...


Mar 04 2016

Sarasamma Vs. G. Pandurangan and Others

Court: Chennai

Decided on: Mar-04-2016

(Prayer: T.O.S.No.38 of 2008 numbered on conversion of O.P.No.387 of 2008, filed under Sections 232, 255 and 276 of the Indian Succession Act, 1925 read with Order XXV Rule 5 of the Madras High Court Original Side Rules, praying that Letters of Administration with a Will annexed, may be granted to the plaintiff as the legatee under the Will of the deceased R.Gopal, having effect and limited to the State of Tamil Nadu and limited to the properties mentioned in the affidavit of assets. Tr.C.S.No.888 of 2009 numbered on transfer of O.S.No.4197 of 2008 from the file of the City Civil Court, Chennai and the amended plaint filed under Order 7 Rule 1 of the Civil Procedure Code, praying: (a) for a permanent injunction restraining the defendant herein, her men, agents, servants or any other person or persons claiming through them from interfering with the plaintiffs' peaceful possession and enjoyment of the suit property, especially smooth running of the School, right to use the pathway (marke...


Mar 04 2016

S. Sasikala and Others Vs. Siriyapushpam and Others

Court: Chennai Madurai

Decided on: Mar-04-2016

(Prayer: SA(MD)No.596 of 2013: The above Second Appeal is filed under Section 100 of C.P.C., against the judgment and decree dated 03.07.2013 made in A.S.33 of 2012 on the file of IV Additional District Judge, Madurai, reversing the well considered judgment and decree dated 29.06.2012 made in O.S.No.593 of 2010 on the file of Principal Sub Judge, Madurai. SA(MD)No.597 of 2013: The above Second Appeal is filed under Section 100 of C.P.C., against the judgment and decree dated 03.07.2013 made in A.S.34 of 2012 on the file of IV Additional District Judge, Madurai, reversing the well considered judgment and decree dated 29.06.2012 made in O.S.No.631 of 2010 on the file of Principal Sub Judge, Madurai.)1. These two Second Appeals is directed against the judgment and decree dated 03.07.2013 made in A.S.No.33 of 2012 on the file of IV Additional District Judge, Madurai, reversing the judgment and decree dated 29.06.2012 made in O.S. No. 593 of 2010 on the file of Principal Sub Judge, Madurai ...


Mar 04 2016

Senthilkumar Vs. The Inspector of Police, Tirunelveli and Another

Court: Chennai Madurai

Decided on: Mar-04-2016

(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records of FIR in Crime No.516 of 2014 on the file of the 1st respondent and to quash the same as illegal.) 1. This petition has been filed seeking to quash the case registered in Crime No.516 of 2014 on the file of the 1st respondent police, pursuant to the amicable settlement effected between the parties. 2. It is seen that a case in Crime No.516 of 2014 for the alleged offences under Sections 294(b), 323 and 506(ii) IPC, has been registered against the petitioner/A1. 3. When the matter is taken up for hearing, the petitioner/A1 and the second respondent, appeared in persons and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Crl.Side) through the respondent Police, namely, Mr.V.Alexmenon, Special Sub-Inspector of Police, Kadayanallur Police Station. Learned counsel appearing for the parties ...


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