Chennai Court April 2016 Judgments
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Manikandan @ Pillappa Vs. State Rep. by Inspector of Police, P-6, Kodu ...
Court: Chennai
Decided on: Apr-22-2016
S. Nagamuthu, J. 1. Justice to all" is one of the salutary goals of our Constitution. Right to life enshrined in Article 21 of the Constitution permits deprivation of life and liberty by following the established fair, just and reasonable procedure. Fair investigation, fair and speedy trial and just verdict are the concomitants of right to life. Such right is not exclusive for the accused. The victim, their family members and the society at large are also entitled to have a fair trial and just verdict. Under the guise of being fair to the accused, no Court can afford to be unfair towards the victims and the witnesses. At the whims and fancies of the accused, the witnesses cannot be harassed by summoning them to Court repeatedly and to humiliate them. Protection of a witness itself is implicit in Article 21. The system should not be diverted heavily in favour of the accused and the agencies who are the part of the system should be sensitive to the plight and the rights of the victims. A...
Thilagavathy Vs. The Government of Tamil Nadu rep by its Secretary to ...
Court: Chennai
Decided on: Apr-22-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for records relating to the proceedings of the 2nd respondent in BCDFGISSSV No.1212/2015 dated 27.11.2015 against the detenu Chandru, s/o.Mani, aged about 35 years, and quash the same and consequently direct the respondents herein to produce the detenu who is detained under the Tamil Nadu Act 14 of 1982 currently confined the Central Prison, Puzhal, Chennai, before this Court and set him at liberty. ) M. Jaichandren, J. 1. This Habeas Corpus Petition has been filed by the wife of the detenu, namely, Chandru, aged 35 years, son of Mani, to issue a Writ of Habeas Corpus, to call for the records in BCDFGISSSV No.1212/2015 dated 27.11.2015, 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, San...
Anthony Birnath Mary and Another Vs. M. Akbar Ali and Another
Court: Chennai Madurai
Decided on: Apr-22-2016
(Prayer: Petition filed under Section 173 of Motor Vehicles Act, praying to set aside the Judgment and Decree passed in M.C.O.P.No.90 of 2008, dated 14.09.2010, on the file of the learned Principal District Judge, Motor Accident Claims Tribunal, Dindigul, and to allow the claim petition filed by the appellant.) 1. The Civil Miscellaneous Appeal is filed against the Judgment passed in M.C.O.P.No.90 of 2008, dated 14.09.2010, on the file of the Motor Accidents claims Tribunal / learned Principal District Judge, Dindigul. 2. The appellants are the claimants. The first respondent is the owner and the second respondent is the Insurance Company of the vehicle, which was involved in the accident. 3. The appellants filed M.C.O.P.No.90 of 2008, claiming a sum of Rs.10,00,000/- as compensation for the death of son of the first appellant and brother of the second appellant. The Tribunal dismissed the claim petition, filed by the appellants. Against that order of dismissal, the appellants have fil...
R. Jeyalakshmi and Others Vs. The Superintendent of Police, Tiruchirap ...
Court: Chennai Madurai
Decided on: Apr-22-2016
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register a case on the complaint given by the petitioner dated 4.2.2016 and 11.2.2016 in accordance with law and conduct investigation. 1. This petition has been filed to direct the 2nd respondent to register a case on the complaint given by the petitioner dated 4.2.2016 and 11.2.2016 in accordance with law and conduct investigation. 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State, who would submit that on the complaint dated 04.02.2016 and 11.02.2016, given by the petitioner, a petition enquiry was conducted and the same was subsequently closed. A copy of the Closure Report is 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 work out her remedy before the appropriate forum in the manner known to...
Annalakshmi and Others Vs. The Inspector of Police, Jaihindpuram Polic ...
Court: Chennai Madurai
Decided on: Apr-22-2016
(Common Prayer: Petitions filed under Section 482 of Code of Criminal Procedure to call for the records in Crime Nos.382 and 383 of 2016 on the file of the 1st respondent police and quash the same.) 1. These petitions have been filed seeking to quash the cases registered in Crime Nos.382 and 383 of 2016 on the file of the 1st respondent, pursuant to the amicable settlement effected between the parties. 2. It is seen that a case in Crime No.382 of 2016 for the alleged offences under Sections 294(b), 324 and 506(ii) IPC, has been registered against the petitioners / A1 to A4 in Crl.O.P.(MD)6853/2016 and in respect of Crime No.383 of 2016, a case has been registered for the offences under Sections 147, 148, 324 and 506(ii) IPC. 3. When these matters are taken up for hearing, the petitioners/Accused and the second respondents in both cases, 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 A...
M/s. Irbaz Shoes, Represented by its Proprietor Vs. M/s. Bostik India ...
Court: Chennai
Decided on: Apr-22-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order in I.A.No.1025/2012 in O.S.No.3954 of 2012, dated 20.09.2013 passed by the IV Assistant City Civil Court, Chennai.) 1. Heard Mr.Mohammed Fayaz Ali, learned counsel for the Revision Petitioner and Mr.S.Parthasarathy, learned counsel for the Respondent. 2. The respondent in the Revision petition has originally filed in O.S.No.3954 of 2012 before the IV Assistant City Civil Court, Chennai, against the Revision Petitioner for recovery of money for supplies of adhesives made between 09.10.2010 to 03.03.2011 to the tune of Rs.4,78,379/-. In the Plaint, it has been stated that the cause of action for the suit arose at Chennai where the Defendant Office is situated and the goods were purchased from the Office of the Plaintiff in Chennai. 3. Aggrieved by the filing of the above suit, the Revision Petitioner has preferred in I.A.No.1025 of 2012 in O.S.No.3954 o...
S. Velu Vs. The Commissioner of Police, Tirunelveli and Another
Court: Chennai Madurai
Decided on: Apr-22-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd Respondent to register a case as per the complaint of the petitioner dated 24.08.2015 and pass such further orders as this Honourable Court may deem fit and thus render justice.) 1. This petition has been filed to direct the 2nd Respondent to register a case as per the complaint of the petitioner dated 24.08.2015. 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor, who would submit that on the complaint dated 24.08.2015, given by the petitioner, a case has already been registered in Crime No.196 of 2016 for offences under Sections 294(b), 406 and 506(i) IPC r/w Section 3(1)(x) of SC/ST Act. 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....
State Represented by the Inspector of Police, Villupuram District and ...
Court: Chennai
Decided on: Apr-22-2016
S. Nagamuthu, J. 1. This is an appeal filed by the State, challenging the acquittal of the respondents 1 to 6 herein, who are accused 1 to 6, in S.C.No.93 of 2009 on the file of the learned Additional Sessions Judge, Fast Track Court No.II, Tindivanam. The trial court had framed as many as 4 charges as detailed below: Sl.NoCharge NumberRank of AccusedPenal Provision1Charge No.1Accused 1 to 6148 IPC2Charge No.2 Accused 1 to 6341 IPC3Charge No.3 Accused No.1506(ii) IPC4Charge No.4Accused 1 to 6302 IPC1. The trial Court, by judgment, dated 25.08.2009, acquitted all the respondents from all the charges. That is how, aggrieved over the same, the State is before this Court with this appeal and P.W.1 in the said case has come up with the revision in Crl.R.C.No.1158/2009. Since both the appeal as well as the revision have arisen out of the same judgment, they were heard together and disposed of by means of this common judgment. 2. The case of the prosecution in brief is as follows :- (a) The d...
F. Francis Bastiyan Vs. The Commissioner of Police Trichy City, Trichy ...
Court: Chennai Madurai
Decided on: Apr-22-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register the petitioner's complaint dated 19.2.2016 within the period stipulated by this Honourable Court.) 1. This petition has been filed to direct the 2nd respondent to register the petitioner's complaintated 19.2.2016. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that the complaint dated 19.02.2016 given by the petitioner to the 1st respondent has been forwarded to the Inspector of Police, Cantonment Police Station, Trichy. 3. In view of the above submission, the Inspector of Police, Cantonment Police Station, Trichy 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. The petitioner shall co-operate in the enquiry. During the course of enquiry, if any cognizable offence is made out, the Inspector of Police, Cantonment Pol...
M. Announcia Vs. S. Jeyasangar
Court: Chennai Madurai
Decided on: Apr-22-2016
(Prayers in Transfer CMP 198 of 2015: This Transfer CMP is filed under Section 24 r/w. 151 of CPC praying to withdraw the case in GWOP.No.3 of 2015 pending on the file of Principal District Court, Ramanathapuram and transfer the same to the file of Principal District, Pudukkottai. Transfer CMP 199 of 2015: This Transfer CMP is filed under Section 24 r/w. 151 of CPC praying to withdraw the case in SMOP.No.1 of 2015 pending on the file of I Additional District Judge, Madurai and transfer the same to the file of Principal District Court, Pudukkottai to be tried along with HMOP.No.14 of 2014.) 1. The Transfer CMP(MD).No.198 of 2015 is filed to withdraw the case in GWOP.No.3 of 2015 pending on the file of Principal District Court, Ramanathapuram and transfer the same to the file of Principal District, Pudukkottai. The Transfer CMP(MD).No.199 of 2015 is filed to withdraw the case in SMOP.No.1 of 2015 pending on the file of I Additional District Judge, Madurai and transfer the same to the fil...
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