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Chennai Court June 2016 Judgments

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Jun 24 2016

Kumar @ Kilaparaiyan Vs. The State rep. By its The Inspector of Police ...

Court: Chennai

Decided on: Jun-24-2016

S. Nagamuthu.J 1. The appellant is the sole accused in S.C.No.49/2011, on the file of the learned Principal Sessions Judge, Namakkal. He stood charged for offence under Section 302 I.P.C. The trial Court, by judgment dated 16.03.2012, convicted the accused for offence under Section 302 I.P.C., and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/- in default to undergo rigorous imprisonment for one year. Challenging the said conviction and sentence, the appellant is 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.Baby. The accused belongs to Veppadai Village. He married one Ms.Jayalakshmi, through whom, he had two daughters. Due to some matrimonial dispute, Mrs.Jayalakshmi deserted the accused and started living separately with her children. The appellant/accused is a manual worker in a stone quarry. The deceased was already married to one Mr.Prakash. Through who...


Jun 24 2016

V. Easwari Vs. The Superintendent of Police, Tirunelveli District, Tir ...

Court: Chennai Madurai

Decided on: Jun-24-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd Respondent to register a case against the proposed accused persons on the complaint of the petitioner dated 05.03.2016.) 1. This petition has been filed to direct the 2nd Respondent to register a case against the proposed accused persons on the complaint of the petitioner dated 05.03.2016. 2. There is no representation for the petitioner. Learned Government Advocate (Crl.Side) would submit that already a case has been registered under Section 294(b) and Section 3 of TNPPDL Act, 1992 in Crime No.94 of 2016. 3. Recording the submission made by the learned Government Advocate (Crl.Side), this Criminal Original Petition is closed....


Jun 24 2016

V. Bhoopathy Vs. Chellappan and Another

Court: Chennai

Decided on: Jun-24-2016

(Prayer: Civil Miscellaneous Appeal is filed against the Judgment and decree dated 28.06.2000 passed in M.C.O.P.No.403 of 1998 on the file of the Motor Accident Claims Tribunal (II Additional District Judge cum Chief Judicial Magistrate), Krishnagiri.) 1. Having not been satisfied with the award passed on 28.06.2000 by the Claims tribunal (II Additional District Judge cum Chief Judicial Magistrate), Krishnagiri, this appeal has been filed by the claimant seeking enhancement of compensation. 2. The appellant herein, who is the claimant in the claim petition in M.C.O.P.No.403 of 1998 along with another person by name, Mr.V.Bhoopathy had moved the Claims Tribunal with a claim petition in MCOP No.403 of 1998, on the file of the learned II Additional District Judge cum Chief Judicial Magistrate, Krishnagiri, claiming a total sum of Rs.1,00,000/- for the injuries sustained by him in a road traffic accident. 3. As it is seen from the records that on 25.03.1997, the appellant herein along with...


Jun 24 2016

The National Insurance Co., Ltd., Salem represented by its Branch Mana ...

Court: Chennai Madurai

Decided on: Jun-24-2016

(Prayer: This Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 13.07.2004 made in M.C.O.P.No.257 of 2002 passed by the Motor Accidents Claims Tribunal, (Additional Sub Court), Tenkasi. This Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 13.07.2004 made in M.C.O.P.No.168 of 2002 passed by the Motor Accidents Claims Tribunal, (Additional Sub Court), Tenkasi. This Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 13.07.2004 made in M.C.O.P.No.179 of 2002 passed by the Motor Accidents Claims Tribunal, (Additional Sub Court), Tenkasi. This Petition filed under Article 227 of the Constitution of India, against the judgment and decree dated 13.07.2004 made in M.C.O.P.No.35 of 2003 passed by the Motor Accidents Claims Tribunal, (Additional Sub Court), Tenkasi.) Common Judgment: 1. These Civil Miscellaneous Appeals and the Civil Revision Petition ha...


Jun 24 2016

T. Thanggakolanchinathan Vs. The Registrar General, High Court of Madr ...

Court: Chennai

Decided on: Jun-24-2016

(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the entire records relating to the Notification for the post of District Judge (Entry Level) issued by the second respondent, dated May, 2013 and quash the same as illegal, arbitrary and discriminatory in so far as concerned with the petitioner case and consequently direct the respondent 1 and 2 to consider the petitioner representation dated 3.6.2013 in the light of the section 33 of The persons with disabilities (Equal opportunities of right and full participation) Act, 1995. ) M. Sathyanarayanan, J. 1. In this writ petition, the applicability of Section 33 of the Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 (in short the Disabilities Act ), for selection to the post of District Judges (Entry Level), is the primordial question for consideration. 2.The petitioner is an Advocate and he would state that ...


Jun 24 2016

T. Devendiran Vs. State through The Inspector of Police, Madurai Distr ...

Court: Chennai Madurai

Decided on: Jun-24-2016

(Prayer: Criminal Revision Petition is filed, under Section 397 r/w 401 Cr.P.C., praying to call for the records in charge sheet in S.C.No.191/2015 on the file of 3rd Additional Assistant Sessions Judge, Madurai, Usilampatti Camp dated 31.03.2016, set aside the particular charge for offence under Section 25 of Arms Act.) 1. A1 challenges framing of a charge under Section 25 of the Arms Act as against him in S.C.No.191 of 2015 by the learned 3rd Additional Assistant Sessions Judge, Madurai at his Camp Sittings at Usilampatti, Madurai District. 2. According to the learned counsel for the revision petitioner, taking the allegations Section 25 of the Arms Act is not attracted. Thus, charge No.3 framed under Section 25 of the Arms Act is unsustainable in law. 3. The learned Government Advocate submitted that in the F.I.R. Section 25 of the Arms Act has been added. In his final report the investigation officer has not included Section 25 of the Arms Act. However, at the time of framing of ch...


Jun 24 2016

B. Kalyanakrishnan Vs. Satish and Another

Court: Chennai

Decided on: Jun-24-2016

(Prayer: This second appeal has been filed under Section 100 C.P.C., against the Judgment and Decree of the learned Additional Subordinate Judge, Mayiladuthurai dated 03.11.2015 made in A.S.No.20 of 2014 thereby confirming the judgment and decree of the learned Additional District Munsif, Mayiladuthurai in O.S.No.154 of 2011 dated 29.01.2014.) 1. The plaintiff is the appellant. His suit for permanent injunction and for mandatory injunction was dismissed by the trial court on the reason that the plaintiff has not identified the suit property with specific boundaries. The appeal filed against the judgment and decree of the trial court came to be dismissed thereby confirming the finding of the trial court with regard to the identity of the suit property. The unsuccessful plaintiff before both the courts filed the second appeal before this court. The matter is listed before me even before admission at notice of motion stage, after notice to the respondents. 2. The case of the plaintiff is ...


Jun 24 2016

The Managing Director, State Express Transport Corporation Vs. Rasupil ...

Court: Chennai Madurai

Decided on: Jun-24-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, to set aside the Decree and Judgment dated 14.06.2007 and made in M.C.O.P.No.468 of 2003, on the file of the Motor Accident Claims Tribunal, Additional District and Sessions Court/Special Court, Pudukottai. 1. This appeal arises out of the award passed by the Motor Accident Claims Tribunal, Additional District and Sessions Court/Special Court, Pudukottai in M.C.O.P.No.468 of 2003 dated 14.06.2007, awarding compensation of Rs.70,000/- together with interest at the rate of 7.5% per annum to the claimant. 2. The respondent filed the claim petition before the Tribunal alleging that on 11.09.2002 at 10.00 p.m, when he was proceeding by his bicycle, a bus bearing Registration No. TN-55-N-0120 came from Pudukottai in a rash and negligent manner dashed against the bicycle. Due to impact, the claimant sustained head injury and fracture on right thigh and left side shoulder and other grievous injuries. Immedi...


Jun 24 2016

G. Bhagavathi Vs. The Tahsildar, Madurai District

Court: Chennai Madurai

Decided on: Jun-24-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to dispose of the petitioner's application dated 28.01.2014 submitted for demarcation of the petitioner's property for the issuance of patta within a time frame as fixed by this Hon'ble Court.) 1. Heard both sides. 2. By consent, the main writ petition itself is taken up for final disposal. 3. No counter is filed on behalf of the respondent. 4. According to the petitioner, his representation dated 28.01.2014 addressed to the respondent praying for demarcation of his property for effecting sub-division and issuance of patta is pending till today, without any disposal. Hence, he has filed the present writ petition. 5. At this stage, the Learned Additional Government Pleader appearing on behalf of the respondent brings it to the notice of this Court that the petitioner paid only requisite charges in regard to the sub-division aspect. However, he has not rem...


Jun 24 2016

E. Kanthan Vs. The Commissioner, Hindu Religious and Charitable Endowm ...

Court: Chennai Madurai

Decided on: Jun-24-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records in pursuant to the impugned tender notification issued by the 2nd Respondent vide Na.Ka.No.1910/1425/C4 dated 24.05.2016 and quash the same in so far as conditions Nos. 2 and 3.) Order: 1. Heard the Learned Counsel for the Petitioner; the Learned Special Government Pleader for the first respondent and the Learned Counsel for the second respondent. 2. The Petitioner has focused the instant writ petition praying for passing of an order by this Court in calling for the impugned tender notification issued by the second respondent in Na.Ka.No.1910/1425/C4, dated 24.05.2016 and to quash the same in so far as Condition Nos.2 and 3. 3. According to the petitioner, he is an authorised agent of 'The Hindu' New Daily for selling its products in Tirunchendur area and also preparing sweet items such as Halwa, Laddu and other snacks items and selling the same on or...


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