Chennai Court May 2016 Judgments
Subanandaraj Vs. Mani
Court: Chennai Madurai
Decided on: May-11-2016
(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 28.01.2013 passed in A.S.No.34 of 2011 on the file of the Subordinate Judge, Kuzhithurai reversing the judgment and decree dated 14.12.2010 passed in O.S.No.527 of 2005 on the file of II Additional District Munsif Court, Kuzhithurai.) 1. Subanandaraj, S/o.Nallamuthu, the second defendant in the original suit is the appellant herein. Mani S/o.Muthunayagam, the plaintiff in the said suit is the sole respondent in the second appeal. 2. The respondent herein filed O.S.No.527 of 2005 in the Court of District Munsif, Kuzhithurai against one Nallamuthu, S/o.Late Gnanamony Nadar and Subanandaraj, S/o.Nallamuthu for declaration of his title over the plaint 'B' schedule property, for recovery of the plaint 'B' schedule property from the defendants therein, for recovery of future mesne profits at the rate of Rs.300/- per annum from the date of plaint till recovery of possession and...
Tag this Judgment!Kumar and Others Vs. The Deputy Superintendent of Police, Madurai and ...
Court: Chennai Madurai
Decided on: May-11-2016
(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned III Additional District and Sessions Judge (PCR Court), Madurai, under the SC/ST Act to consider the bail application of the petitioners on the same day of surrender in connection with in Crime No.261 of 2016.) 1. This petition has been filed, seeking to direct the learned III Additional District and Sessions Judge (PCR Court), Madurai, under the SC/ST Act to consider the bail application of the petitioners on the same day of surrender in connection with in Crime No.261 of 2016. 2. Learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 294(b) and 323 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and r/w. Section 3(2)(V) of SC/ST Prevention of Atrocities Act, 1989, in Crime No.261 of 2016 and that in view of the specific bar under Section 18 of the ...
Tag this Judgment!A. Madurai Gramani (Died) and Others Vs. P.C. Venkatesan (Deceased) an ...
Court: Chennai
Decided on: May-11-2016
(Prayer in S.A.Nos.125 and 126 of 2006:- Second Appeals filed under Section 100 of the Civil Procedure Code against the judgment and decree of the learned Subordinate Judge, Poonamallee made in A.S.Nos.12 and 13 of 2003 respectively dated 29.03.2005 confirming the judgment and decree of the learned District Munsif, Poonamallee made in O.S.Nos.1434 and 1436 of 1986 dated 17.04.2003.) Common Judgment: 1. These second appeals have been preferred by the legal representatives of the unsuccessful plaintiff in O.S.No.1434/1986 and O.S.No.1436/1986 on the file of the District Munsif, Poonamallee challenging the decree of the lower appellate court (Sub Court, Poonamallee) dated 29.03.2005 made in A.S.Nos.12/2003 and 13/2003 respectively, confirming the decrees of the trial court dated 17.03.2003 dismissing the said suits. Both the suits wee filed for the relief of specific performance of two different agreements for sale dated 04.04.1977 in respect of 78 cents comprised in S.No.80/5 and Acres 1...
Tag this Judgment!Kader Pathu and Others Vs. Ayisha Gani and Others
Court: Chennai Madurai
Decided on: May-11-2016
(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree of the Additional District and Sessions Judge (Fast Track Court) Ramanathapuram dated 15.07.2009 made in A.S.No.9 of 2007 confirming the judgment and decree of the Sub court, Paramakudi dated 16.03.2007 made in O.S.No.10 of 2005.) 1. The defendants in the original suit are the respondents. The suit came to be filed for the relief of specific performance directing the defendants to execute a sale deed in terms of the suit agreement for sale dated 12.10.1992 allegedly executed by the first defendant agreeing to sell the suit property in favour of K.P.M.Fakkir Ahamed, the father of the plaintiffs. The defendants resisted the suit contending that no such sale agreement was executed by the first defendant; that the said document could have been created with the intention of grabbing the suit property and that the relief of specific performance could not be granted when the plaintif...
Tag this Judgment!R. Chithra Vs. The Inspector of Police, Madurai District
Court: Chennai Madurai
Decided on: May-11-2016
(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned III Additional District and Sessions Judge (PCR Cases), Madurai, to consider the petitioner's bail application and dispose the same on the same day, if the petitioner surrender before the learned III Additional District and Sessions Judge (PCR Cases), Madurai, in Crime No.126 of 2016, on the file of the respondent.) 1. This petition has been filed, seeking to direct the learned III Additional District and Sessions Judge (PCR Cases), Madurai, to consider the petitioner's bail application and dispose the same on the same day, if the petitioner surrender before the learned III Additional District and Sessions Judge (PCR Cases), Madurai, in Crime No.126 of 2016, on the file of the respondent. 2. Learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 294(b) and 323 of IPC and Section 4 of...
Tag this Judgment!M. Manoharan Vs. G. Ganapathy
Court: Chennai
Decided on: May-11-2016
(Prayer: Appeal Suit filed under Section 96 r/w Order XLI Rule 1 of the Civil Procedure Code, 1908 against the decree and judgment passed in O.S.No732 of 2007 dated 13.02.2008 by the learned VI Additional Judge, City Civil Court, Chennai.) 1. This appeal has been preferred under Section 96 of the Code of Civil Procedure challenging the decree dated 13.02.2008 passed by the learned VI Additional Judge, City Civil Court, Chennai in O.S.No.732 of 2007 on the file of the said Court. The defendant in the above said suit is the appellant in the appeal. 2. G.Ganapathy, the respondent herein filed the said suit against the appellant herein for the relief of specific performance based on an agreement for sale dated 11.06.2006 allegedly executed by the appellant herein/defendant, directing the execution of the sale deed in accordance with the suit agreement, for a direction to the defendant to deliver possession of the suit property, for a permanent injunction restraining the appellant/defendant...
Tag this Judgment!K. Kandasamy Vs. A. Palanisamy
Court: Chennai
Decided on: May-11-2016
(Prayer: Appeal filed under Section 96 of the Code of Civil Procedure against the judgment and decree of the learned Additional District Judge and Fast Track Court No.5, Coimbatore at Tiruppur dated 06.11.2002 made in O.S.No.12 of 2002.) 1. The plaintiff in the original suit O.S.No.12 of 2002 is the appellant in the appeal. He filed the said suit against the respondent herein for the relief of specific performance of an Agreement for sale dated 26.06.1995. After trial, the trial Judge dismissed the suit without cost by a judgment and decree dated 06.11.2002. The said decree of the trial court is challenged in the appeal suit. For the sake of convenience the parties are referred to in accordance with their ranks in the suit and at appropriate places, if necessity arises, their ranks in the appeal will also be indicated. 2. The appellant herein/plaintiff filed the suit praying for the relief of specific performance based on the plaint averments, which are in brief, as follows: The respon...
Tag this Judgment!Uthiriamarie Vs. Balu Nair
Court: Chennai Madurai
Decided on: May-11-2016
(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 31.08.2006 passed in A.S.No.28 of 2006 on the file of the Subordinate Judge, Pudukottai partly reversing the judgment and decree dated 22.10.2003 made in O.S.No.234 of 1998 on the file of Additional District Munsif, Pudukottai.) 1. The plaintiff in the original suit is the appellant in the second appeal. She filed the suit for declaration, mandatory injunction and recovery of possession. The learned trial Judge, after trial decreed the suit with cost granting the reliefs of declaration and mandatory injunction and dismissed the suit in respect of the prayer for recovery of possession. As against the said decree of the trial court dated 22.10.2003 made in O.S.No.234/1998, the defendant preferred an appeal in A.S.No.28/2006 on the file of the lower appellate court (Sub court, Pudukottai). The learned lower appellate Judge allowed the appeal in part, confirmed the decree of...
Tag this Judgment!Muniyandi and Another Vs. State Represented by The Inspector of Police ...
Court: Chennai Madurai
Decided on: May-11-2016
(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned III Additional District and Sessions Judge (PCR) Madurai, Madurai District to accept the surrender of the petitioners and consider their bail application on the same day in connection with Crime No.247 of 2016 pending investigation on the file of the respondent.) 1. This petition has been filed, seeking to direct the learned III Additional District and Sessions Judge (PCR) Madurai, Madurai District, to consider the bail application of the petitioners on the same day of surrender and dispose of the same on the same date on merits and in accordance with law in Crime No.247 of 2016. 2. Learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 294(b), 323, 452, 341 and 506(i) IPC and Section 3(1) of TNPPDL Act r/w 3(2), (Va) of SC/ST (PoA) Act, 1989, in Crime No.247 of 2016 and that...
Tag this Judgment!S. Jayalakshmi and Another Vs. S.M. Senthilkumar and Another
Court: Chennai
Decided on: May-11-2016
(Prayers: Transfer civil miscellaneous petition filed under Section 24 of the Code of Civil Procedure to withdraw GWOP/601337/2014 pending on the file of the Family Court, Coimbatore and transfer to the file of the Hon'ble Family Court at Chennai. Transfer civil miscellaneous petition filed under Section 24 of the Code of Civil Procedure to withdraw O.P.No.515 of 2015 pending on the file ofhte Family Court, Coimbatore and transfer to the file of the Hon'ble Family Court at Chennai.) 1. Transfer civil miscellaneous petition Nos.814 and 815 of 2015 have been filed by Jayalakshmi, the petitioner therein against her husband S.M.Senthilkumar under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of GWOP/601337/2014 and H.M.O.P.No.515/2015 respectively, both filed by her husband Senthilkumar on the file of the Family Court, Coimbatore. Tr.C.M.P.No.54/2016 has been filed under Section 24 of the Code of Civil Procedure, 1908 by S.M.Senthilkumar for the transfer of O.P.No.3485/2...
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