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Chennai Court April 2016 Judgments

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Apr 07 2016

Rajan Vs. State Rep. by the Inspector of Police, Coimbatore District, ...

Court: Chennai

Decided on: Apr-07-2016

(Prayer: This Criminal Appeal has been preferred to set aside the conviction imposed in judgment dated 30.09.2008 made in S.C.No.144 of 2008 on the file of the Additional District and Sessions Court/Fast Track Court No.III, Coimbatore by allowing this appeal.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.144 of 2008 on the file of the learned Additional District Judge, Fast Track Court No.III, Coimbatore. He stood charged for offence under Section 302 IPC. By judgment dated 30.09.2008, the trial Court convicted him under Section 302 IPC and sentenced to undergo imprisonment for life [No fine was imposed]. Challenging the said conviction and sentence, the accused/appellant is before this Court with this appeal. 2. The case of the prosecution, in brief, is as follows: [a] The deceased in this case was one Mrs.Padma. The accused and the deceased had fallen in love with each other, which culminated in the marriage. After marriage, they were residing together and out of t...


Apr 07 2016

D. Katraja Vs. The Commissioner, Madurai City Municipal Corporation, M ...

Court: Chennai Madurai

Decided on: Apr-07-2016

(Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to forbear the first respondent from renewing the licence for collecting toll from the tourist vehicles coming to Thiruparankundram to the second respondent in pursuance of the order dated 08.09.2015 in Ma.Va.3/000145/15 passed by him and consequently directing the first respondent to conduct public auction after publishing the auction notification in a daily newspaper having wide circulation and pass further orders as this Court may deem fit and proper.) B. Rajendran, J. 1. Today, when the matter is taken up for hearing, learned Counsel appearing for the petitioner submits that the impugned order is given to the petitioner. 2. In view of the submissions made by the learned Counsel appearing for the petitioner, this writ petition is dismissed as infructuous. However, the petitioner is at liberty to challenge the impugned order dated 31.03.2016. No costs. Consequently, the connecte...


Apr 07 2016

K. Sadasivam Vs. The State Rep by Deputy Superintendent of Police, Vig ...

Court: Chennai

Decided on: Apr-07-2016

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Special C.C.No. 23 of 2014 on the file of the Chief Judicial Magistrate, Namakkal in Crime No.4 of 2013 and quash the same.) The sole accused in the Special C.C.No.23 of 2014 on the file of the learned Special Judge/Chief Judicial Magistrate under PC Act, Namakkal came forward with this petition under Section 482 Cr.P.C to quash the entire criminal proceedings instituted against him in FIR in Cr.No.4 of 2013 and consequently, the Special C.C.No.23 of 2014. 2. During the relevant time, the petitioner was VAO, Pottireddipatty in Namakkal District. Kathirvel, the defacto complainant's brother-in-law met S.I. of Police, Erumapatty in connection with his passport verification. The S.I directed him to come with all the necessary certificates including his nativity certificate. In this connection, it is alleged that when on 18.6.2013 at about 13 hours, when Defacto complai...


Apr 07 2016

Obiliappa and Another Vs. State represented by Inspector of Police, Kr ...

Court: Chennai

Decided on: Apr-07-2016

(Prayer: Criminal Appeal filed under Section 374 of the Code of Criminal Procedure against the judgment of conviction and sentence made in S.C.No.60 of 2011 by the learned Additional District and Sessions Judge, Krishnagiri District, at Krishnagiri, dated 19.04.2013.) S. Nagamuthu, J. 1. The appellants are the accused Nos.1 and 2 in S.C. No. 60 of 2011 on the file of the learned Additional District and Sessions Judge, Krishnagiri District, at Krishnagiri. They stood charged for the offence under Section 302 IPC. By judgment, dated 19.04.2013, the Trial Court convicted the 1st accused under Section 302 r/w. 34 IPC and the 2nd accused under Section 302 IPC and sentenced each of them to undergo imprisonment for life for their respective offence and to pay a fine of Rs.1000/- each, in default to undergo simple imprisonment for six months each. Challenging the said judgment of conviction and sentence, dated 19.04.2013, the appellants are before this Court with this Criminal Appeal. 2. The c...


Apr 07 2016

C. Narayanan Vs. State represented by The Inspector of Police, Sivagan ...

Court: Chennai Madurai

Decided on: Apr-07-2016

(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to withdraw the Sessions Case in S.C No.139 of 2010 pending on the file of District Sessions Judge, Sivagangai and transfer the same to the District Sessions Judge, Tuticorin or any other competent court in other Districts to try the same.) 1. This petition has been filed to withdraw the Sessions Case in S.C No.139 of 2010 pending on the file of District Sessions Judge, Sivagangai and transfer the same to the District Sessions Judge, Tuticorin or any other competent court in other Districts to try the same. 2. On the complaint lodged by one Tamil Sangu, the respondent police registered a case in Crime No.173 of 2003 for offences under Sections 147, 148, 342, 324, 307 and 302 IPC and Sections 3 and 5 of Explosive Substances Act, 1908 against one Dakshinamoorthy and others. It is the case of the defacto complainant that there was a previous enmity between Dakshinamoorthy group and Muthuramalingam group in connection ...


Apr 07 2016

The Oriental Insurance Company Limited Vs. Rani and Others

Court: Chennai

Decided on: Apr-07-2016

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree dated 03.11.2015 passed in M.C.O.P.No.287 of 2014 on the file of the Motor Accidents Claims Tribunal (III Additional District and Sessions Judge), Virudhachalam, Cuddalore District.) R. Sudhakar, J. 1. The Insurance Company is on appeal challenging the Judgment 03.11.2015 passed in M.C.O.P.No.287 of 2014 on the file of the Motor Accidents Claims Tribunal (III Additional District and Sessions Judge), Virudhachalam, Cuddalore District. 2. It is a case of fatal accident. On 07.07.2014 at about 17.00 hours, when the Panneerselvam was proceeding in his motorcycle towards Vridhachalam from Karmangudi Village and when reached opposite to Golden Brick Chamber near Chittalur By-pass, the 7th respondent's lorry bearing Registration No.TN-69-J-4797, which came in a rash and negligent manner, dashed against the deceased vehicle and caused the accident, due to which, the deceas...


Apr 06 2016

M. Babu Vs. State rep by the Inspector of Police, Namakkal

Court: Chennai

Decided on: Apr-06-2016

(Prayer: This Criminal Appeal has been preferred against the judgment passed by the Additional Sessions Judge, Namakkal in S.C.No.47 of 2012 by judgment dated 19.12.2012.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.47 of 2012 on the file of the learned Additional District and Sessions Judge, Namakkal. He stood charged for offences under Sections 302 and 506(ii) IPC. By judgment dated 19.12.2012, the trial Court convicted him under both charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for six years for the offence under Section 302 IPC and to undergo rigorous imprisonment for three years for the offence under Section 506(ii) IPC. Challenging the said conviction and sentence, the accused/appellant is before this Court with this appeal. 2. The case of the prosecution, in brief, is as follows: [a] The deceased in this case was one Kavitha. The accused and the deceased had fallen in l...


Apr 06 2016

Rajiv Gandhi ONGC (Con) Workers Welfare Association, rep. By its Gener ...

Court: Chennai

Decided on: Apr-06-2016

S. Vaidyanathan, J. 1. This Writ Appeal has been filed against the order dated 26.04.2011 passed by the learned Single Judge in W.P.No.45446 of 2006, wherein, the order dated 30.01.2006 passed by the 1st respondent refusing to refer the dispute raised by the appellant Association for adjudication under Section 10 of the Industrial Disputes Act, 1947, was challenged. 2. The appellant Association claims that it is registered under the Societies Registration Act, 1975, which is evident from the Certificate of Registration furnished in the typed set of papers. It further claims that their Association is registered under the provisions of the Trade Union Act, 1926. According to the appellant/writ petitioner, its members are employed under the direct and effective control of the Management of the ONGC (Oil and Natural Gas Corporation) Limited, as contract labourers. It is the strong contention of the appellant Association that though the nomenclature used to describe their employees is 'cont...


Apr 06 2016

Saroja Vs. The Revenue Divisional Officer, Madurai and Others

Court: Chennai Madurai

Decided on: Apr-06-2016

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records relating to the impugned order in Nee.Mu.R.T.R No.3368/2009 dated 25.03.2010 passed by the second respondent and to quash the same as illegal and pass further orders as this Court may deem fit and proper.) The prayer in the Writ Petition is for a Writ of Certiorari to call for the records relating to the impugned order in Nee.Mu.R.T.R No.3368/2009 dated 25.03.2010 passed by the second respondent and to quash the same as illegal. 2.Today, when the matter was taken up for hearing it is found that as against the grant of patta, the petitioner has filed an appeal before the Revenue Divisional Officer and the same is still pending. In view of the same, it would suffice to direct the first respondent to consider the appeal filed by the petitioner and pass appropriate orders on merits and in accordance with law within a period of six months from ...


Apr 06 2016

K. Saravanakumar Vs. State Represented by, The Sub-Inspector of Police ...

Court: Chennai Madurai

Decided on: Apr-06-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to expedite the investigation in Crime No.20 of 2016 and file final report within a time stipulated by this Honourable Court.) 1. This petition has been filed to direct the respondent to expedite the investigation in Crime No.20 of 2016 and file final report. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3. It is seen that the petitioner lost his vehicle on 21.11.2015 and he had given a complaint on 24.11.2015, for which, CSR No.534 of 2015 was given by the respondent police and thereafter, an FIR in Crime No.20 of 2016 was registered by the respondent police on 04.01.2016 under Section 379 IPC against unknown accused. 4. Learned counsel for the petitioner submitted that it would suffice, if the Investigating Officer gives a non-traceable certificate, so that the petitioner will work out his remedy before the ...


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