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Chennai Court March 2016 Judgments

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Mar 03 2016

A. Abudhahir and Another Vs. The Superintendent of Police, Dindigul Di ...

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 a case based on the complaint dated 31.07.2015 lodged by the petitioner.) 1. This petition has been filed to direct the 2nd respondent to register a case based on the complaint dated 31.07.2015 lodged by the petitioner. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that on the complaint dated 31.07.2015, given by the petitioner, a case has already been registered in Crime No.4 of 2016 for offences under Sections 406, 420 and 120(b) IPC. The said statement is recorded. 3. In view of the above statement made by the learned Government Advocate (Crl.Side), this Court is of the view that nothing survives for adjudication in this petition. Accordingly, the Criminal Original Petition is closed....


Mar 03 2016

M. Mohamed Nijamudeen Vs. The Superintendent of Police, O/o. Madurai D ...

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 a case based on the petitioner's complaint dated 04.01.2016 and investigate the same in accordance withlaw and to file a final report.) 1. This petition has been filed to direct the 2nd respondent to register a case based on the petitioner's complaint dated 04.01.2016 and investigate the same in accordance withlaw and to file a final report. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3. On reading of the complaint dated 04.01.2016, it does not disclose the commission of a cognizable offence and therefore, no positive direction can be issued to the respondent police to register an FIR. Hence, this Criminal Original Petition is dismissed....


Mar 03 2016

Mary Antony Vs. The Superintendent of Police, Tirunelveli 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 1st respondent to transfer the investigation in Crime No.246 of 2015 on the file of the 2nd respondent on the basis of the petitioner's representation dated 30.09.2015 to the 3rd respondent.) 1. This petition has been filed to direct the 1st respondent to transfer the investigation in Crime No.246 of 2015 on the file of the 2nd respondent on the basis of the petitioner's representation dated 30.09.2015 to the 3rd respondent. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3. Taking into consideration the nature of allegations in the FIR in Crime No.246 of 2015, this is not a fit case to transfer the case from the file of the 2nd respondent to the file of the 3rd respondent. It will be in the interest of justice, if the case in Crime No.246 of 2015 is directed to be monitored by the Deputy Superintendent of Police, Valliyoo...


Mar 03 2016

N. Selvathirumal Vs. Union of India, rep. by the Secretary, Ministry o ...

Court: Chennai

Decided on: Mar-03-2016

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to (i) direct all the Private Schools coming under his control in Tamilnadu to mandatorily facilitate Playing/Singing of the National Anthem during morning assembly; (ii) Include in the Affiliation Bye Laws of the CBSE the provision regarding mandatory facilitation of Playing/Singing of the National Anthem.) Sanjay Kishan Kual, C.J. The petitioner has approached this Court aggrieved by the non-singing of the National Anthem in various Schools in Tamil Nadu through this Public Interest Litigation. The petitioner claims to be an Ex-serviceman, who is now working with the Railway Reservation Office in the Madras High Court Campus. We are now informed that the petitioner was shifted to the Railway Claims Tribunal, Chetpet, Chennai. 2. The petitioner has drawn the attention of this Court to Article 51A(a) of the Indian Constitution, which reads as under...


Mar 03 2016

Srinivasan and Others Vs. The State rep. By Inspector of Police, Kaver ...

Court: Chennai

Decided on: Mar-03-2016

(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C., to set aside the order of the learned Principal District Sessions Judge, Krishnagiri in S.C.No.102/2010 dated 15.09.2012 and acquit the appellants.) S. Nagamuthu, J. 1. The appellants are the accused 1 to 3 in S.C.No.102 of 2010 on the file of the learned Principal Sessions Judge, Krishnagiri. They stood charged for offence under Section 302 r/w 34 I.P.C. By judgment dated 15.09.2010, the trial Court convicted the accused for offence under Section 302 r/w 34 I.P.C., and sentenced them to undergo imprisonment for life and to pay a fine of Rs.10,000/- in default to undergo six months rigorous imprisonment. Challenging the said conviction and sentence, the appellants are before this Court with this criminal appeal. 2. The case of the prosecution, in brief, is as follows:- The deceased in this case was one Mrs.Valliammal. A.1 is her husband. A.2 and A.3 are the brother and mother respectively of A.1. A.1 and the deceased were res...


Mar 03 2016

A. Chidambaram Vs. Dr. S. Rajagopal

Court: Chennai

Decided on: Mar-03-2016

(Common Prayer: Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, praying to set aside the order in Crl.M.P.Nos.3634 and 3632 of 2015 respectively, in C.C.No.9262 of 2007 dismissal order passed by the Hon'ble learned Judicial Metropolitan Magistrate, IV Fast Track, George Town dated 10.08.2015.) Common Order: 1. The petitioner has come forward with these petitions seeking to set aside the order passed in Crl.M.P.Nos.3634 and 3632 of 2015 respectively, in C.C.No.9262 of 2007 by the learned Judicial Metropolitan Magistrate, IV Fast Track, George Town dated 10.08.2015, wherein, the petitions filed under Section 91 of Cr.P.C. and under Section 45 of the Indian Evidence Act respectively, came to be dismissed. 2. Heard both sides. 3. The petitioner who is the accused in C.C.No.9262 of 2007 facing criminal case under Section 138 of the Negotiable Instruments Act has come forward with these petitions stating that the issuance of cheque is admitted, it has b...


Mar 03 2016

K. Sankarapandi Vs. The Superintendent of Police, Dindigul 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 2nd respondent police to register the petitioner's complaint dated 07.02.2016.) 1. This petition has been filed to direct the 2nd respondent police to register the petitioner's complaint dated 07.02.2016. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State, who would submit that on the complaint dated 07.02.2016, given by the petitioner, a petition enquiry was conducted and the same was subsequently closed. A copy of the Closure Report has been furnished to the learned counsel for the petitioner across the bar. Recording the same, this Criminal Original Petition is closed with liberty to the petitioner to workout his remedy before the appropriate forum in the manner known to law....


Mar 03 2016

Foustin Thambi Vs. Tressa 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 passed by Sub Court, Kuzhithurai in A.S.No.128 of 2014 dated 13.03.2015 reversing decree and judgment passed by II Additional District Munsif, Kuzhithurai in O.S.No.70 of 1998 dated 07.10.2014.) 1. This second appeal is directed against the judgment and decree of the Sub-Judge, Kuzhithurai, dated 13.03.2015 made in A.S.No.128 of 2014, reversing the judgment and decree of the II Additional District Munsif, Kuzhithurai, in O.S.No.70 of 1998 dated 07.10.2014. 2. The Plaintiff in O.S.No.70 of 1998 on the file of II Additional District Munsif, Kuzhithurai is the appellant herein, the respondents herein are the defendants. The Appellant filed the suit for recovery of possession of the Plaint schedule property. 3. The brief facts in the plaint is as follows : The Plaintiff is the absolute owner of the plaint schedule property which has an extent of 1 Acre 40 Cents comprising 50 cents in Survey N...


Mar 03 2016

A. Erali Vs. Amudah Kandaswamy

Court: Chennai

Decided on: Mar-03-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decretal order passed in I.A.No.9868 of 2015 (Permission to file additional written statement) in O.S.No.3973 of 2012 dated 12.08.2015 pending on the file of XVIII Assistant Judge, City Civil Cout, Chennai. Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decretal order passed in I.A.No.9332 of 2015 (Recall PW1) in O.S.No.3973 of 2012 dated 12.08.2015 pending on the file of XVIII Assistant Judge, City Civil Cout, Chennai. Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decretal order passed in I.A.No.10119 of 2015 (Reopen the evidence of PW1) in O.S.No.3973 of 2012 dated 12.08.2015 pending on the file of XVIII Assistant Judge, City Civil Cout, Chennai.) Common Order: 1. The sole defendant in O.S.No.3973 of 2012 pending on the file of XVIII Assistant Judge, City Civil Court, Chenna...


Mar 03 2016

V. Vasanthan Vs. State rep by the Inspector of Police, Tuticorin.

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 expedite investigation and to file a final report within a stipulated time as fixed by this Court in Crime No.858 of 2015 on the file of the respondent police.) 1. This petition has been filed to direct the respondent to expedite investigation and to file a final report in Crime No.858 of 2015 on the file of the respondent police. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that the investigation has been completed and a closure report has also been filed as action dropped. A copy of the closure report has been furnished to the learned counsel for the petitioner across the bar. 3. Recording the submission made by the learned Government Advocate (Crl.Side), this Criminal Original Petition is closed with liberty to the petitioner to work out his remedy before the appropriate forum in the manner known to law....


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