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Chennai Court March 2016 Judgments

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Mar 03 2016

P. Ganesan and Others Vs. The Superintendent of Police, Dindigul Distr ...

Court: Chennai Madurai

Decided on: Mar-03-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd Respondent police to register the case on the basis of the Petitioners complaint dated 11.02.2016.) 1. This petition has been filed to direct the 2nd Respondent police to register the case on the basis of the Petitioners complaint dated 11.02.2016. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that the complaint dated 11.02.2016 has been sent by post to the respondents. 3. In view of the above submission, the petitioner is directed to appear in person before the 2nd respondent along with this order and lodge a fresh complaint, containing the very same contents as stated in the previous complaint dated 11.02.2016. On receipt of such complaint, the same shall be enquired into and action be taken thereon in accordance with law, if it discloses the commission of a cognizable offence or drop action otherwise. With the above dire...


Mar 03 2016

Sumathi Vs. The Superintendent of Police, Virudhunagar District and An ...

Court: Chennai Madurai

Decided on: Mar-03-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register the FIR against the proposed accused on the basis of the petitioner's complaint dated 05.01.2016.) 1. This petition has been filed to direct the 2nd respondent to register the FIR against the proposed accused on the basis of the petitioner's complaint dated 05.01.2016. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that the complaint dated 05.01.2016 has been sent by post to the 1st respondent. 3. In view of the above submission, the petitioner is directed to appear in person before the 2nd respondent along with this order and lodge a fresh complaint, containing the very same contents as stated in the previous complaint dated 05.01.2016. On receipt of such complaint, the same shall be enquired into and action be taken thereon in accordance with law, if it discloses the commission of a cognizable offenc...


Mar 03 2016

Ganesan Vs. The Inspector of Police, Madurai

Court: Chennai Madurai

Decided on: Mar-03-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to file a final report in Crime No.2 of 2015 dated 31.01.2015 pending on his file.) 1. This petition has been filed to direct the respondent to file a final report in Crime No.2 of 2015 dated 31.01.2015 pending on his file. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that final report in this case has been filed on 16.10.2014 before the learned Judicial Magistrate, Musiri and the same was returned by the Magistrate on 09.04.2015, Thereafter, the Police has not yet re-presented the same. 3. The respondent police is directed to re-present the final report before the Magistrate expeditiously within one month from the date of receipt of a copy of this order. With the above direction, this petition is disposed of....


Mar 03 2016

United India Insurance Co. Ltd. Vs. Mahamootha and Others

Court: Chennai Madurai

Decided on: Mar-03-2016

(Prayers: Civil Revision Petition filed under Article 227 of the Constitution of India, against the judgment and decree, dated 27.11.2000, passed in M.C.O.P.No.265/1999, by the learned Sub-Judge, Motor Accidents Claims Tribunal, Kovilpatti. Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree, dated 27.11.2000, passed in M.C.O.P.No.264/1999, by the learned Sub-Judge, Motor Accidents Claims Tribunal, Kovilpatti.) Common Order 1. The Civil Revision Petition and the Civil Miscellaneous Appeal have been filed against the judgment and decree, dated 27.11.2000, passed in M.C.O.P.Nos.265/1999 and 264/1999 respectively, by the learned Sub-Judge, Motor Accidents Claims Tribunal, Kovilpatti. 2. Both the civil revision petition and the civil miscellaneous appeal arising out of a similar issue and therefore, the same are disposed of by this common order. 3. The first respondents in both the civil revision petition and the civil miscell...


Mar 03 2016

K. Kandasamy Asari Vs. K. Parameswaran Thambi (Died) and Others

Court: Chennai Madurai

Decided on: Mar-03-2016

(Prayer: The above Second Appeal is filed under Section 100 C.P.C. against the Decree and Judgment made in A.S.No.60 of 1999 on the file of Sub-Judge, Kulithurai dated 20.02.2007 in reversing the decree and judgment in O.S.No.46 of 1986 on the file of 1st Additional District Munsif, Kulithurai, dated 11.09.1999.) 1. This second appeal is directed against theagainst the judgment and decree of the learned Sub-Judge, Kulithurai, dated 20.02.2015 made in A.S.No.60/1999 reserving the judgment and decree of the learned I Additional District Munsif, Kulithurai, in O.S.No.46/1986 dated 11.09.1999. 2. The defendant in O.S.No.46/1986 on the file of the I Additional District Munsif, Kulithurai, is the appellant herein. The respondents 1 to 5 are the children of the sixth respondent who is the wife of the plaintiff K.Parameswaran Thambi. The plaintiff filed a suit for declaration and recovery of possession in respect of the plaint schedule property having an extent of 10 cents, out of 2.55 acres i...


Mar 03 2016

Rajangam and Others Vs. Senthamaraj and Others

Court: Chennai

Decided on: Mar-03-2016

(Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, 1908, to set-aside the fair and decreetal order, dated 22.07.2009, passed in I.A.No.155 of 2004 in O.S.243 of 1997 on the file of the learned Additional District Munsif, Cheyyar.) What are the essential factors to be considered while considering the Application to set-aside the exparte decree - whether it is a justifiability of the reasons stated for non-appearance alone before the Court or the nature of pleadings / defence, the stake involved and the possibility of rendering substantial justice, at the same time compensating the loss and inconvenience caused to the other side , is the issue canvassed in this Revision Petition. 2. Defendants 2, 8 and 9 in the suit are the Revision Petitioners and the plaintiffs are the respondents. 3. The plaintiffs / respondents herein filed a suit in O.S.No.243 of 1997, claiming their 3/6th share in the suit property. This suit was filed before the learned Princ...


Mar 03 2016

Murugeshwarai Vs. The Superintendent of Police, Theni District, Theni ...

Court: Chennai Madurai

Decided on: Mar-03-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent herein to register a case based on the complaint in C.No. 2648 / GDP / 31591 / SPTNI / 15 dated 12.08.2015 preferred by the petitioner and to file a final report.) 1. This petition has been filed to direct the 2nd respondent herein to register a case based on the complaint in C.No. 2648 / GDP / 31591 / SPTNI / 15 dated 12.08.2015 preferred by the petitioner and to file a final report. 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 the petitioner, 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 i...


Mar 03 2016

S. Karaichamy Vs. Shanthi

Court: Chennai Madurai

Decided on: Mar-03-2016

(Prayer: This contempt petition is filed under Section 11 of the Contempt of the Courts Act, 1971 praying to punish the respondent for willfully and deliberately committing contempt of Court by willfully disobeying the order of this Court passed in Crl.O.P.(MD) No.22042 of 2015 dated 02.12.2015.) 1. This contempt petition has been filed for punishing the respondent herein for wilfully disobeying the orders of this Court dated 02.12.2015 made in Crl.O.P.(MD) No.22042 of 2015. 2. Learned Government Advocate (Crl.Side) would submit that the order dated 02.12.2015 has been complied with and the complaint has been closed. A copy of the closure report has been furnished to the learned counsel for the petitioner across the bar. 3. In view of the above submission, this Court is of the view that nothing survives for further adjudication in this Contempt Petition. Hence, the Contempt Petition is closed. No costs....


Mar 03 2016

Thangavel Vs. The Superintendent of Police, Trichy and Others

Court: Chennai Madurai

Decided on: Mar-03-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 3rd respondent to complete the investigation in Crime No.224 of 2015 dated 05.06.2015 pending investigation on the file of the 3rd respondent and to lay the final report.) 1. This petition has been filed to direct the 3rd respondent to complete the investigation in Crime No.224 of 2015 dated 05.06.2015 pending investigation on the file of the 3rd respondent and to lay the final report. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that the investigation in this case in Crime No.224 of 2015 has been completed and a final report has also been filed before the learned Judicial Magistrate No.3, Trichy on 18.08.2015 and the same has not yet been take on file. 3. Recording the said submission, this Criminal Original Petition is closed....


Mar 03 2016

Nirmala Vs. Chandrasekar and Another

Court: Chennai Madurai

Decided on: Mar-03-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned District Sessions Judge, Thoothukudi to dispose of the condone delay petition filed by the petitioner in Cr.M.P.No.135 of 2016 forthwith.) 1. This petition has been filed to direct the learned District Sessions Judge, Thoothukudi to dispose of the condone delay petition filed by the petitioner in Cr.M.P.No.135 of 2016 forthwith. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for R2. This Court also perused the diary extract. 3. It is seen that this petitioner was convicted in C.C.No.186 of 2013 for an offence under Section 138 of Negotiable Instruments Act by the learned Fast Track Court (Magisterial Level), Thoothukudi on 29.09.2014. Thereafter, the petitioner did not file a regular appeal. While so, in execution of the sentence of imprisonment, the petitioner was arrested on 15.12.2015 and is undergoing incarceration since the...


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