Chennai Court March 2016 Judgments
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Atul Kapur Vs. Arun Kapur and Others
Court: Chennai
Decided on: Mar-04-2016
(Prayer: Plaint filed and numbered as Civil Suit under Order IV, Rule 1 of the Madras High Court Original Side Rules read with Order VII, Rule 1 of the Civil Procedure Code, praying for a judgment and decree against the defendants: (a) For partition of the immovable property described in the schedule hereunder and put the plaintiff in separate possession of 11014/28284 share of the plaintiff by metes and bounds: (aa) for a declaration that the release deed dated 01.04.2002 registered as Document No.646 of 2002 in the office of the Sub-Registrar, Periamet, is brought about by fraud and undue influence and is illegal, inoperative and unenforceable and not intended to be a release deed, for cancellation of the said document, and direction to the Sub-Registrar, Periamet, to make entry of such cancellation in the Register. (Amended as per order dated 05.01.2006 in A.No.1638 of 2005) (aaa) Permanent injunction restraining Mrs.Anu Kapur not to interfere with the plaintiff's possession of the ...
K. Kathamuthu Vs. The Director General of Police, DGP Office, Chennai ...
Court: Chennai Madurai
Decided on: Mar-04-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 3rd respondent to transfer the investigation in respect of Crime No.171 of 2015 from the file of B1 Town Police Station, Ramanathapuram to CBCID Wing at Ramanathapuram District.) 1. This petition has been filed to direct the 3rd respondent to transfer the investigation in respect of Crime No.171 of 2015 from the file of B1 Town Police Station, Ramanathapuram to CBCID Wing at Ramanathapuram District. 2. Heard learned counsel for the petitioner and learned Government Advocate (Crl.Side) appearing for the State. 3. Taking into consideration the nature of allegations in the FIR and the fact that the case is of the year 2015, this is not a fit case to transfer the investigation to CBCID prematurely. However, the Deputy Superintendent of Police, Ramnad Sub-Division is directed to monitor the investigation in Crime No.171 of 2015 and the respondent police shall expedite the investigation and expeditiously fi...
CDS Yadav TGT (Hindi), Kendriya Vidyalaya, Chennai Vs. The Joint Commi ...
Court: Chennai
Decided on: Mar-04-2016
(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for a writ of certiorari, calling for all the records connected in passing order dated 08.07.2015 in O.A.No.1301 of 2013 on the file of 3rd respondent in confirming the order No.F.17062/AP-25/2012-KVS (Vig)/1150-1154 on the file of the 1st respondent dated 14.08.2013 and the order No.17062/92/CDSY-TGT/2011-KVS(CHER)/8407 on the file of the 2nd respondent dated 28.08.2012 and quash the same.) S. Manikumar, J. 1. Challenge in this writ petition is to an order of the Central Administrative Tribunal made in O.A.No.1301 of 2013 dated 08.07.2015. 2. Facts deduced from the material on record are that, when the writ petitioner was working at Kendriya Vidyalaya, Meenambakkam, he was issued with Charge Memorandum dated 05.04.2011, which is extracted hereunderKENDRIYA VIDYALAYA SANGATHANREGIONAL OFFICEIIT CAMPUS, CHENNAIF.17062/92/CDSY-TGT/2008-KVS (CHER) Date: 05.04.2011MEMORANDUM 1. The undersigned prop...
K.S. Suresh Vs. The Principal Secretary/Chairman/Managing Director and ...
Court: Chennai
Decided on: Mar-04-2016
(Prayer: Petition filed under Article 226 of the constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to accord sanction on the proposal submitted by the 2nd respondent vide Na.Ka.G3/66766/2008, dated 09.07.2015, for payment of Rs.4,78,100/- towards legal fees due and payable to the petitioner within a stipulated time.) 1. This Writ Petition has been filed praying to issue a Writ of Mandamus, directing the 1st respondent to accord sanction on the proposal submitted by the 2nd respondent, vide, Na.Ka.G3/66766/2008, dated 09.07.2015, for payment of Rs.4,78,100/- towards legal fees due and payable to the petitioner, within a stipulated time. 2. The brief facts, which are necessary to dispose of this Writ Petition, are as follows:- (i) The petitioner is practising as an Advocate at Vellore District. He was appointed as Additional Government Pleader, vide, G.O.(D) No.1024, dated 11.09.2002, issued by the Secretary to Government of Tamil Nadu, Home (Courts-...
Pachaiyappa Kalvinilayangalin Committee, Theni Vs. Saraswathi and Othe ...
Court: Chennai Madurai
Decided on: Mar-04-2016
(Prayer: The above Second Appeal is filed under Section 100 of CPC against the judgment and decree dated 31.01.2013 made in A.S.No.25 of 2010 on the of Subordinate Judge, Theni, confirming the judgment and decree dated 21.11.2009 made in O.S.No.48/2004 on the file of District Munsif cum Judicial Magistrate, Bodinayakkanur.)1. This Second Appeal is directed against the judgment and decree of the Subordinate Judge, Theni dated 31.01.2013 made in A.S.No.25 of 2010 on the of subordinate Judge, Theni, confirming the judgment and decree dated 21.11.2009 made in O.S.No.48 of 2004 on the file of District Munsif cum Judicial Magistrate, Bodinayakkanur.2. While admitting this Second Appeal, the following substantial question of law was framed:(1). Whether the suit property is the plaintiff s property, which is purchased for the benefit of the school in the name of the first defendant, the then correspondent in a fiduciary capacity and hence the judgment of courts below is unsustainable in law?(2...
A. Kasimayan 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 3 to provide adequate police protection to conduct the festival of Masi Pachai Maha Sivarathiri in Arulmigu Ochandamman Periya Temple in Pappapatti Village, Usilampatti Taluk peacefully on 07.03.2016 to 09.03.2016.) P.N. Prakash, J. 1. This writ petition has been filed, seeking a direction to the Respondents 1 to 3 to provide adequate police protection to conduct the festival of Masi Pachai Maha Sivarathiri in Arulmigu Ochandamman Periya Temple in Pappapatti Village, Usilampatti Taluk peacefully on 07.03.2016 to 09.03.2016. 2. It is seen that there is a serious dispute between the petitioner and the respondents 4 and 5 with regard to celebration of the festival. In a dispute of this nature, this Court, in writ proceedings, cannot embark upon disputed question of facts and it is for the parties to agitate their claim before the Civil Court. 3. He...
S. Praveen Bohra Vs. Joint-I Sub-Registrar (In the cadre of District R ...
Court: Chennai
Decided on: Mar-04-2016
(Prayer: Petition filed under Article 226 of the constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the respondent, dated 26.10.2015, in cancelling the registered sale deed executed in favour of the petitioner bearing P.No.175 of 2011 and quash the same and consequently, to direct the respondent to register the sale deed in P.No.175 of 2011, dated 11.11.2011 and presented on 23.11.2011 and return the original document of sale deed after due registration to the petitioner.) 1. This Writ Petition has been filed praying for a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the respondent, dated 26.10.2015, in cancelling the registered sale deed executed in favour of the petitioner, bearing P.No.175 of 2011, and quash the same and consequently, to direct the respondent to register the sale deed in P.No.175 of 2011, dated 11.11.2011 and presented on 23.11.2011 and return the origina...
M. Thavaraj @ Maikset Thavaraja Vs. The Inspector General of Police, M ...
Court: Chennai Madurai
Decided on: Mar-04-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to withdraw the investigation of in Crime No.167 of 2015 on the file of the 4th respondent and further direct the Respondents 1 and 2 to entrust the same to any other competent officer under their jurisdiction.) 1. This petition has been filed to withdraw the investigation of the case in Crime No.167 of 2015 on the file of the 4th respondent and further direct the Respondents 1 and 2 to entrust the same to any other competent officer under their jurisdiction. 2. When the matter was taken up for hearing, learned Government Advocate (Crl.Side) submits that the investigation of the case in Crime No.167 of 2015 has been completed and a final has also been filed before the learned Judicial Magistrate, Andipatti on 20.01.2016 and the same has not been taken on file. 3. In view of the above submission, this Criminal Original Petition is closed with liberty to the petitioner to work out his remedy before the appropriate fo...
Union of India, Rep. by the Director of Postal Services, Madurai and O ...
Court: Chennai
Decided on: Mar-04-2016
(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for a writ of certiorari, calling for the records from the file of the 1st respondent made in O.A.No.638 of 2012 dated 26.08.2014 and quash the same.) S. Manikumar, J. 1. Challenge in this writ petition is to the order passed in O.A.No.638 of 2012 dated 26.08.2014 on the file of the Central Administrative Tribunal, Madras, by which directions have been issued to reinstate the 2nd respondent in service, but reposting would be with prospective effect. 2. Facts deduced from the material on record are that on 10.10.2011, the Assistant Superintendent of Post Offices, Palani Sub Division, Palani, the 3rd petitioner, issued a notification inviting applications for selection and appointment to the post of GDS MD-I, Ambiligai SO. The 2nd respondent applied for the post. Eligible candidates were called for interview on 01.12.2011. Out of three, one candidate did not attend the interview. Mr.K.Murugananda...
N. Renuka Devi Vs. E. Lalitha and Another
Court: Chennai
Decided on: Mar-04-2016
(Prayer: T.O.S.No.2 of 2009 numbered on conversion of O.P.No.367 of 2008, filed under Sections 232 and 276 of the Indian Succession Act, 1925, read with Order 25 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 daughter and one of the legatees under the Will of the deceased S.V.Ramakrishnan, having effect limited to the State of Tamil Nadu.) 1. T.O.S.No.2 of 2009 is numbered on conversion of O.P.No.367 of 2008, praying that Letters of Administration with a Will annexed, may be granted to the plaintiff as the daughter and one of the legatees under the Will of the deceased S.V.Ramakrishnan, having effect limited to the State of Tamil Nadu. 2. The case of the plaintiff is as follows: (a) The father of the plaintiff is late Mr.S.V.Ramakrishnan and he died on 31.12.1980 at "Ramamandiram" No.868, Poonamallee High Road, Kilpauk, Chennai-600 010, where he was then ordinarily residing within t...
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