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Chennai Court June 2016 Judgments

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Jun 23 2016

Ayyappan Vs. State Rep. by The Inspector of Police

Court: Chennai Madurai

Decided on: Jun-23-2016

(Common Prayer: Criminal Appeal is filed, under Section 378 of Cr.P.C., to set aside the conviction and sentence passed by the Principal Sessions Court, Virudhunagar District at Srivilliputtur in S.C.No.120 of 2005, dated 13.09.2006.) 1. The sole accused in the Sessions Case in S.C.No.120 of 2005, on the file of the learned Principal Sessions Court, Virudhunagar District at Srivilliputtur, is the appellant. 2. He was tried for a charge for under Section 302 IPC. After trial, the Court recorded conviction, under Section 306 IPC., and sentenced him to three years R.I and also fined him Rs.500/-, in default, to undergo three months simple imprisonment. He has paid the fine amount. 3. The case of the prosecution briefly runs as under:- (1) Around 2002, the appellant had married the deceased. She is the daughter of P.W.4. P.W.4's other daughter and son are P.W.1 and P.W.5. The appellant and the deceased were living in Palayampatti Village in Virudhunagar District. They were blessed with a c...


Jun 23 2016

S. Thibursian Vs. The Chief Engineer (Highways), NABARD and Rural Road ...

Court: Chennai Madurai

Decided on: Jun-23-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to pay the balance amount of Rs.15,96,770/- as per the agreement DR No.3/2010-2011 and C.R.Agreement No.10/2013-2014 dated 02.08.2013 in considering the representation dated 05.11.13.) M. Venugopal, J. 1. The Learned Counsel appearing for the Petitioner has given a letter, dated 21.06.2016, to the Registry, seeking permission of this Court to withdraw this writ petition. 2. Recording the aforesaid letter, this writ petition is dismissed as withdrawn. No costs....


Jun 23 2016

Tvl. Santhilal and Co. Vs. The Assistant Commissioner (CT), Salem

Court: Chennai

Decided on: Jun-23-2016

(Prayer: Petitions under Article 226 of the Constitution of India praying for the issuance of Writs of Certiorari to call for the records on the files of the respondent respectively in TIN : 33832740176/2009-10; TIN : 33832740176/2010-11; TIN : 33832740176/2011-12; TIN : 33832740176/ 2012-13; TIN : 33832740176/2013-14, all dated 13.5.2016 and TIN : 33832740176/2014-15 dated 7.9.2015, and quash the same as being without jurisdiction and authority of law and contrary to the principles of natural justice.) Common Order: 1. Mr.V.Haribabu, learned Additional Government Pleader takes notice for the respondent. Heard both. By consent, the writ petitions are taken up for final disposal. 2. The petitioner, which is a registered dealer under the provisions of the Tamil Nadu Value Added Tax Act, 2006 (hereinafter referred to as the Act) and the Central Sales Tax Act, 1956 on the file of the respondent, is engaged in the business of general goods and has challenged the orders of assessment passed ...


Jun 23 2016

Indira @ Indhu and Another Vs. Senthilvelan

Court: Chennai Madurai

Decided on: Jun-23-2016

(Prayer: This Criminal Revision Petitions is filed under Section 397 r/w. 401 Cr.P.C., praying to set aside the order passed in M.C.No.70 of 2010 on the file of the Family Court, Madurai against this petitioners and as well to enhance the maintenance allowance for both the petitioners herein according to the existing and sustenance price-hike and to bear the day to day expenses.) 1. The revision petitioners wife and daughter of the respondent seeks enhancement of maintenance. 2. The revision petitioners have sought for maintenance each at the rate of Rs.3,500/- p.m. in M.C.No.70 of 2010 in the Family Court, Madurai. The maintenance case is of the year 2010. Order was pronounced on 26.11.2013. 3. The learned counsel for the revision petitioners would submit that the respondent is well off, but, the petitioners are not so. The first revision petitioner is unemployed. The second revision petitioner is studying 8th standard in a school. They are living in Madurai. Rs.2,000/-p.m each would ...


Jun 23 2016

M. Anbudass Vs. The Managing Director, Tamil Nadu State Transport Corp ...

Court: Chennai Madurai

Decided on: Jun-23-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to pay the retirement benefits with interest to the petitioner in view of the representation dated 30.05.2016.) 1. The petitioner was an employee of the respondents Transport Corporation. Seeking his retirement benefits, he has filed the present Writ Petition. 2. When the matter is taken up for hearing, learned Standing Counsel appearing for the respondents submitted that the issue is covered by a judgment of a Division Bench of this Court in W.A.(MD).Nos.383 to 457 of 2015, dated 12.06.2015. He has further submitted that the respondents would consider the request of the petitioner in the light of the judgment passed by the Honourable Division Bench. 3. For ready reference, the judgment, dated 12.06.2015, passed by the Hon'ble Division Bench in W.A.(MD).Nos.383 to 457 of 2015, is extracted hereunder: "The learned Additional Advocate General submit...


Jun 23 2016

Garima Maheswari and Another Vs. S. Mukanchand Bothra

Court: Chennai

Decided on: Jun-23-2016

(Prayer: Criminal Revision Petition filed under Sections 397 r/w 401 of Cr.P.C. to call for the records in Cr.M.P.No.1397 of 2016 in C.C.No.3806 of 2013 on the file of Fast Track Court No.4, George Town Chennai and set aside the order dated 21.03.2016.) 1. The criminal revision petition is directed against the order passed by the learned Fast Track Court No.4, George Town, Chennai in Cr.MP.No.1397 of 2016 in CC.No.3806 of 2013 dated 21.03.2016. 2. It is admitted by both sides that the respondent in this revision petition filed the petition under Section 138 of the Negotiable Instruments Act and it is the case of the complainant that he was examined as PW1 and he was cross examined in the case and adjourned for further examination of witnesses. At this stage, the petitioners/accused filed Cr.MP.No.1397 of 2016 to send the documents for expert opinion and the same was dismissed by the trial Court, hence, the petitioners/accused are before this Court by way of present revision petition. 3...


Jun 23 2016

N. Karthiganesh Vs. The Chairman-cum-Managing Director, Tamil Nadu Gen ...

Court: Chennai

Decided on: Jun-23-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, to direct the respondents to sanction the housing loan to the petitioner by considering his application, dated 29.09.2015, for housing loan and to pass such further orders as this Court may deem fit and proper in the circumstances of the case.) 1. By consent, the Writ Petition is taken up and disposed of at the admission stage itself. 2. This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to sanction the housing loan to the petitioner by considering his application, dated 29.09.2015. 3. The petitioner entered into service as Assistant Engineer (OandM) in the Tamil Nadu Generation and Distribution Corporation Limited. The grievance of the petitioner is that though, he has submitted an application to the 2nd respondent, on 29.09.2015, requesting to sanction housing loan for purchase of land and house situated at Plot No.3, MGR Street, Melmadai V...


Jun 23 2016

G. Radhakumar Vs. State represented by The Inspector of Police, Dhalav ...

Court: Chennai Madurai

Decided on: Jun-23-2016

(Prayer: Petition filed under Section 482 of the Code of Criminal Procedure to call for the records pursuant to the FIR in Crime No.639 of 2015 on the file of the 1st respondent dated 09.12.2015, as far as the petitioner is concerned. 1. This petition has been filed, seeking to call for the records pursuant to the FIR in Crime No.639 of 2015 on the file of the 1st respondent dated 09.12.2015, as far as the petitioner is concerned. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that Charge Sheet has already been filed in S.T.C.No.551 of 2016 on the file of the learned Judicial Magistrate, Rajapalayam. 3. In view of the above submission, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is closed....


Jun 23 2016

S. Kumaresan Vs. The Govt. of Tamil Nadu, Rep. by its Secretary to the ...

Court: Chennai Madurai

Decided on: Jun-23-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari calling for the records pertaining to the GO 93 of Health and Family Welfare Department (H-2) dated 25/03/2015 issued by the first respondent and quash the same.) 1. The Learned Counsel appearing for the Petitioner has given a letter, dated 16.06.2016, to the Registry, seeking permission of this Court to withdraw this writ petition. 2. Recording the aforesaid letter, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are also dismissed....


Jun 23 2016

D. Ramagopal and Another Vs. Kalpalatha Rajan I.R.S., The Asst., Commi ...

Court: Chennai

Decided on: Jun-23-2016

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the third respondent, the Commissioner of Income Tax, Coimbatore-18 to withdraw the Income Tax Assessment Proceedings of the petitioners, D.Ramagopal-PAN AKGPR3621L, S.Jayanthi Shri PAN:AIQPJ9025N for the Assessment Years 2008-09 to 2014-15, from the file of Ms.Kalpalatha Rajan, I.R.S., the Assistant Commissioner of Income Tax, Central Circle-I, Coimbatore and K.Jeyaganesh, I.R.S., Deputy Director of Income Tax, Central Circle-I, Coimbatore, the respondents 1 and 2 respectively including the inquiry and investigation and entrust these jobs with any other officers of the same cadre to commence and complete the proceedings by issuing a Writ of Mandamus or any other order or direction.) Common Order 1. Heard Dr.A.E.Chelliah, learned Senior counsel assisted by Mr.K.Ramanujam, and A.Mohammed Sathick, learned counsels for the petitioner and Mr.T.Pramodkumar Chopda, le...


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