Chennai Court June 2016 Judgments
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K. Leelavathi and Others Vs. The Chairman, Tamil Nadu Electricity Boar ...
Court: Chennai Madurai
Decided on: Jun-07-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents, more particularly, the third respondent to consider the representation of the Petitioner dated 18.12.2014 given to the respondents forthwith.) 1. The learned counsel for the petitioner has made an endorsement in the typed-set of papers of the Writ Petition to the effect that the writ petitioner may be permitted to withdraw the Writ Petition. 2. Recording the aforesaid fact and the endorsement so made, the Writ Petition is dismissed as withdrawn. No costs....
Shanthi and Others Vs. Karbaga Lakshmi Fabric, Proprietor, K. Rajendra ...
Court: Chennai Madurai
Decided on: Jun-07-2016
(Prayer: This Criminal Revision Petitions is filed under Section 397 r/w. 401 Cr.P.C., praying to call for the records pertaining to the impugned order dated 11.03.2016, made in Cr.M.P.Nos.823 of 2016 in C.C.No.286 of 2015 by the learned Judicial Magistrate, Rajapalayam, Virudhunagar District and to set aside the same by allowing this criminal revision petition.) 1. A3 to A5 in C.C.No.286 of 2015, challenges dismissal of the Cr.M.P.No.823 of 2016 by the learned Judicial Magistrate, Rajapalayam, Virudhunagar District. 2. A1 to A5 are being prosecuted before the said Magistrate in the said calendar case for an offence under Section 138 of Negotiable Instruments Act. A1 is company, A2 to A5 are natural persons. Among them A2 is a head of the family, A3 to A5 are his wife, son and daughter respectively. 3. A3 to A5 have filed Crl.M.P.No.823 of 2016 under Section 205 Cr.P.C. seeking dispense with their personal appearance before the Court. 4. The learned Magistrate dismissed their petition ...
V. Pandian Vs. The District Collector, Sivagangai District and Another
Court: Chennai Madurai
Decided on: Jun-07-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to issue patta copy in his name for the punja land situated in S.No.128/4 at Padamathoor Village, Sivagangai Taluk, Sivagangai District having an extent of 0.32.5 ares I.e., 80 cents on considering the Petitioner's representation dted 25.4.2016.) 1. Heard both sides. 2. By consent of both sides, the main Writ Petition itself is taken up for final disposal. 3. According to the Petitioner, he had obtained Patta Transfer Order in his favour on 28.05.2007 and the said order was passed by the Zonal Deputy Tahsildar, Sivagnagai District. 4. The grievance of the Petitioner is that he made a representation, dated 25.4.2016 addressed to the second respondent/The Tahsildar, seeking for issuance of patta in his name in respect of S.No.128/4, Punja land, situated at padamathoor Village, Sivagangai Taluk, Sivagangai District for 80 cents out of 0.32.5 ...
Metropolitan Transport Corporation Ltd., Chennai rep. by its Managing ...
Court: Chennai
Decided on: Jun-07-2016
(Prayer: Civil Miscellanies Appeal has been filed under Section 173 of the Motor Vehicles Act 1988, against the fair and decreetal order dated 17.11.2009 passed in M.C.O.P.No.35 of 2008 on the file of the Motor Accident Claims Tribunal(Additional Sub Judge), Thiruvannamalai.) 1. Questioning the negligence and quantum, the appellant/Transport Corporation Ltd., who is the respondent in the claim petition stands before this Court with this Civil Miscellaneous Appeal. 2. The respondent had made a claim before the Claims Tribunal (Additional Sub Judge), Thiruvannamalai, claiming a sum of Rs.5,00,000/- for the injuries sustained by him in a road traffic accident, said to have been taken place on 20.06.2007 @ 2.30. p.m. at Valluar Kottam Bus Stop, Chennai involving a passenger bus bearing Registration No.TN-01-N-4348 belonging to the appellant/Transport Corporation Ltd.,. 3. As it is manifested from the claim petition, the respondent/claimant was travelling in the above said bus on 20.06.2007...
Bharat Heavy Electricals Limited, Chennai Vs. M/s. Jyothi Turbopower S ...
Court: Chennai
Decided on: Jun-07-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari to call for the records of the order dated 22.12.2015 passed by the 2nd respondent and quash the same.) Sanjay Kishan Kaul, CJ 1. The alternative dispute resolution mechanism of arbitration inter alia has the objective of expeditious resolution of commercial disputes. This objective is often breached by the manner in which the arbitration proceedings carry on. We are confronted with the factual situation where the statement of claim itself was not filed resulting in the learned Arbitrator / the second respondent exercising powers under Section 25 (a) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act') and terminating the proceedings. These proceedings were sought to be reopened by the first respondent / original claimant by filing an application, the maintainability of which was objected to by the petitioner without even filing a reply on ...
Sundar Vs. State Rep. By The Inspector of Police, Thiruvallur District
Court: Chennai
Decided on: Jun-07-2016
(Prayer: Criminal Appeals filed under Section 374(2) of Cr.P.C. challenging the conviction and sentence imposed on the appellants by the learned IV Additional Sessions Judge, Thiruvallur @ Ponneri, Thiruvallur District, in S.C.No.124 of 2011 dated 24.01.2014.) S. Nagamuthu, J. 1. The appellant, the sole accused in S.C.No.124 of 2011 on the file of the learned IV Additional Sessions Judge, Ponneri, Thiruvallur District, has come up with this criminal appeal challenging the conviction and sentence imposed by the trial court under Section 302 of IPC to undergo imprisonment for life and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for three months by judgment dated 24.01.2014. 2. The case of the prosecution in brief is as follows:- The deceased in this case was one Mr.Ayyakannu. Mr.Ayyakannu was a building contractor. He used to engage the accused to transport the building materials to the work spot in the cart owned by the accused for hire. After some time, the ...
R. Ramesh Vs. State represented by The Inspector of Police, Dindigul D ...
Court: Chennai Madurai
Decided on: Jun-07-2016
(Prayer: Criminal Revision Petition is filed, under Section 397(1) r/w 401 Cr.P.C., to call for the records in Cr.M.P.No.1104 of 2016, on the file of the learned Judicial Magistrate, Nilakottai, Dindigul District and set aside the order, dated 20.04.2016 and handover the custody of vehicle viz., Lorry (Bharath Benz/Multi Axle Goods Vehicle) bearing Registration No.TN88 B1194 remanded in R.P.R.No.32 of 2016, which has been seized by the respondent herein in Crime No.94 of 2016.) 1. This matter is squarely covered by the Apex Court's Judgment in Sunderbhai Ambalal Desai v. State of Gujarat [2003 (1) CTC 175 (SC)]. 2. The property in a criminal case will arise in three different circumstances. One is the property with respect to which an offence has been committed, namely, chain snatching case. Other one is the property, which has been used in the commission of offence, for instance vehicle used by the assailants to commit murder and the other one is perishable items. If they have any rel...
M. Perumal Vs. Bharati
Court: Chennai Madurai
Decided on: Jun-07-2016
(Prayer: Criminal Revision Petition is filed, under Section 397 r/w 401 Cr.P.C., to call for the records relating to the order, dated 22.09.2015 made in M.C.No.8 of 2014, on the file of the Family Court, Tirunelveli, set aside the same by allowing the present criminal revision petition.) 1. In this revision, an husband challenges the grant of monthly maintenance of Rs.6,000/- ordered by the learned Judge, Family Court, Tirunelveli to the respondent. 2. Earlier, the revision petitioner and the respondent were spouses. Now, by a Court order, they have become no longer spouses, because their marriage was dissolved by the Family Court. Now, they have become Ex-Husband and Ex-Wife. But, as per Section 125 Cr.P.C., dissolution of marriage will not exonerate the husband from paying maintenance to his ex-wife. 3. The revision petitioner is a car driver. Taking note of the materials produced, Rs.6,000/- has been ordered as maintenance. 4. It is the contention of the learned counsel for the peti...
V.P. Rukmaniammal Vs. The State, Represented by The District Collector ...
Court: Chennai Madurai
Decided on: Jun-07-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to consider the representation of the Petitioner, dated 9.5.2016.) 1. Heard both sides. 2. By consent of both sides, the main Writ Petition itself is taken up for final disposal. 3. The grievance of the Petitioner is that her representation, dated 9.5.2016 addressed to the respondents 1 to 5 is still pending and the same is not yet disposed of. In the said representation, the Petitioner has sought for change of classification of Poramboke Sengulam Kanmai( in S.No.63(New S.No.373/1) and to grant patta in her favour. 4. At this stage, this Court without going into the merits of the matter and also not expressing any opinion one way or other on the contents of the representation of the Petitioner, dated 9.5.2016, at this stage, simpliciter, in the interest of justice, directs the 5th rspondent/The Tahsildar, Rajapalayam, Virudhunagar to look...
Balasubramaniam Vs. Karthikeyan and Others
Court: Chennai Madurai
Decided on: Jun-07-2016
(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, to set aside the award dated 10.06.2004, made in M.C.O.P.No.296 of 2003 on the file of the Motor Accidents Claims Tribunal,(Subordinate Court), Karur and to allow this appeal.) 1. This appeal is directed against the award and decree passed in M.C.O.P.No.296 of 2003, by the learned Subordinate Judge, Motor Accidents Claims Tribunal Judge, Karur, dated 10.06.2004. 2. Brief facts of the case are that on 24.11.2002 at 7.30 p.m., the first respondent/claimant was driving an auto rickshaw bearing Registration No.TTY-7563 from west to east direction on Karur-Trichy Bye-pass road. At that time, a lorry bearing Registration No.TST-4121 came from opposite direction, driven by its driver in a rash and negligent manner, hit against the auto rickshaw. Alleging that the driver of the said lorry is responsible for the accident, he preferred a claim for Rs.3,00,000/-. 3. The third respondent/insurance company resiste...
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