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Chennai Court June 2016 Judgments

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Jun 28 2016

Nagoor Maideen Vs. The Director, The Board of Higher Secondary Examina ...

Court: Chennai Madurai

Decided on: Jun-28-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to consider the representation of Petitioner's daughter dated 03.06.2016 for re-valuation of subjects Physics, Chemistry and Biology in her Higher Secondary Examination conducted 2016 within the time period stipulated by this Hon'ble Court.) 1. Heard both sides. 2. By consent, the main writ petition itself is taken up for final disposal. 3. According to the petitioner, his daughter has scored 107 marks in Physics subject, in the subject of Chemistry, she scored 100 marks, in the subject of Biology, she scored 83 marks. However, since the petitioner was affected with cancer and because of her ill-health, she could not apply for revaluation on or before 21.05.2016. The main reason attributed on behalf of the petitioner is that he was unable to apply for revaluation in respect of her daughter in time due to her hospitalization and on 03.06.2016, the petitio...


Jun 28 2016

K. Jothibasu Vs. The Madurai City Municipal Corporation, Rep. by its C ...

Court: Chennai Madurai

Decided on: Jun-28-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the entire records in connection with the impugned auction notification of the respondent in Mava3/038202/15 published in Daily Thanthi news paper dated 14.06.2016 in so far as the Sl.No.2 in Zone 1 and Sl.No.6 in Zone 2 and quash the same and consequently direct the respondent to issue fresh license by way of extension permitting the petitioner to collect parking fee from tourist vehicles parked at Ellis Nagar 70 feet road, bypass road, Fatima College to Nataraja Theatre, Thiruparamkundram road, Bharathiyar shopping complex and omni buses parked at Mattuthavani Omni Bus Stand for a further period of 16 months for the loss of period suffered by the petitioner.) 1. The petitioner was the highest bidder on the date of public auction conducted by the respondent Corporation to collect toll parking fee from tourist vehicles parked at Ellis Nagar 7...


Jun 28 2016

K. Sasikumar Vs. The Revenue Divisional Officer(Sub-Collector), Tirune ...

Court: Chennai Madurai

Decided on: Jun-28-2016

(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 release the Tipper Lorry bearing Registration No.TN -72-AS-3399 within the time stipulated by this Court.) 1. Heard both sides. 2. By consent of both sides, the main Writ Petition itself is taken up for final disposal. 3. No counter is filed on behalf of the Respondents. 4. According to the Petitioner, he being the owner of Tipper Lorry bearing Registration No.TN -72-AS-3399 was seized by the Second Respondent on 30.04.2016 when it was plying through Ambasamudram-Tenkasi Main Road. 5. The stand of the Petitioner is that the vehicle was seized on the footing that the Petitioner's driver transported six units of rough stones without having any valid licence and in fact, the vehicle was handed-over to the Third Respondent. At present, the Third Respondent is in custody of the vehicle in-front of the Kadayam Police Station, Tirunelveli Dis...


Jun 28 2016

S. Murugan Vs. Tamilarasi

Court: Chennai Madurai

Decided on: Jun-28-2016

(Prayer: Criminal Revision Petition is filed, under Section 397 r/w 401 Cr.P.C., to call for records relating to order passed by learned Family Court, Madurai, in Cr.M.P.No.61 of 2015 in Cr.M.P.No.114 of 2009 in M.C.No.28 of 1991, dated 29.10.2015 and set aside the same.) 1. The husband of the respondent, aggrieved by the enhancement of monthly maintenance to Rs.10,000/- per month has directed this revision. 2. The revision petitioner and the respondent were blessed with two sons. The sons are well educated. The elder son is gainfully employed. The second son is struggling to have a good carrier in life. They are not party to the age-old fight between their parents. 3. The revision petitioner is a Central Government servant. He is employed in C.R.P.F. As between the spouses there is a long back history. Long back she was granted Rs.1,000/- as monthly maintenance in M.C.No.28 of 1991. Thereafter, she sought for enhancement of the amount from Rs.1,000/- to Rs.5,000/- by filing Cr.M.P.No....


Jun 28 2016

Dinesh and Others Vs. State by the Inspector of Police, Vellore Distri ...

Court: Chennai

Decided on: Jun-28-2016

(Prayer: Appeals filed u/s.374 Cr.P.C., against the Judgment of conviction and sentence passed by the learned I Additional District and Sessions Judge, Vellore, Vellore, Vellore District, made in S.C.No.21 of 2013 dated 25.02.2015.) S. Nagamuthu, J. 1. The appellants are the accused 1 to 5 in S.C.No.21 of 2013 on the file of the learned I Additional District and Sessions Judge, Vellore. They stood charged for offences under Sections 120-B, 364, 302 read with 34, 379 and 201 of IPC. The trial court framed as many as five charges as detailed below: Sl.No.Charge NumberRank of AccusedPenal Provision1Charge No.1Accused 1 to 5120-B IPC2Charge No.2Accused 1 to 4364 IPC3Charge No.3Accused 1 to 4302 r/w.34 IPC4Charge No.4Accused No.1379 IPC5Charge No.5Accused 1 to 4201 IPCBy judgment dated 25.02.2015, the trial court convicted all the accused and sentenced them as detailed below: AccusedConvictionsentenceA1Convicted under sections 120-B IPCSentenced to undergo imprisonment for life and to pay a...


Jun 28 2016

A. Antony Pushpa Kavitha Vs. The Superintendent of Police, Kanyakumari ...

Court: Chennai Madurai

Decided on: Jun-28-2016

(Prayer: Petition filed under Section 482 of the Code of Criminal Procedure to direct the 1st respondent to transfer the investigation of the case in Crime No.2 of 2016 on the file of the 2nd respondent police to some other police officer of the same rank.) 1. This petition has been filed, seeking to direct the 1st respondent to transfer the investigation of the case in Crime No.2 of 2016 on the file of the 2nd respondent police to some other police officer of the same rank. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that a charge sheet has already been filed in this case on 24.06.2016 before the learned Judicial Magistrate, Eraniel. 3. In view of the above submission, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is also closed....


Jun 28 2016

N. Raju Vs. The District Collector, Kancheepuram District

Court: Chennai

Decided on: Jun-28-2016

(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the order passed by the respondent in Na.Ka.No.65903/2005/Paa2 dated 12.05.2011, quash the same and consequently direct the respondent to continue the petitioner as Deputy Block Development Officer with all consequential service and monetary benefits.) 1. This Writ Petition has been filed challenging the order passed by the respondent in Na.Ka.No.65903/2005/Paa2 dated 12.05.2011, quash the same and consequently direct the respondent to permit the petitioner to continue as Deputy Block Development Officer with all consequential service and monetary benefits. By the said order dated 12.05.2011, the respondent imposed the punishment of compulsory retirement from service on the petitioner. 2. The grievance of the petitioner is that earlier he was issued with a show cause notice dated 21.03.2007, for which he submitted his explanation on 17.08...


Jun 28 2016

P. Vennila and Another Vs. The State of Tamil Nadu rep. by The Inspect ...

Court: Chennai

Decided on: Jun-28-2016

(Prayer: Appeal filed under Section 374 of the Code of Criminal Procedure against the judgment passed by the learned III Additional District cum Sessions Judge, Salem in S.C.No.87 of 2013 dated 27.02.2015.) S. Nagamuthu, J. 1. The appellants are the accused 1 and 2 in S.C.No.87 of 2013 on the file of the learned III Additional District Sessions Judge, Salem. The first accused stood charged for offences under Sections 120(B), 364 r/w 120(B) and 302 r/w 34 I.P.C. The second accused stood charged for offences under Sections 120(B), 364 and 302 I.P.C. By judgment dated 27.02.2015, the Trial Court convicted both the accused under all the charges respectively and sentenced them as detailed below: ad>Rank of theAccusedPenal provision(s) under which convictedSentenceA1120(B) of IPCRigorous Imprisonment for six months.A1364 r/w 120(B) of IPCRigorous Imprisonment for 10 years and pay a fine of Rs.1,000/- in default to undergo simple imprisonment for three months.A1302 r/w 34 of I.P.C.Imprisonmen...


Jun 28 2016

S. Balashanmugam Vs. The Superintendent of Police, Namakkal District a ...

Court: Chennai

Decided on: Jun-28-2016

(Prayer: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to give permission and adequate police protection for the smooth and peaceful celebration of annual temple festival of 'Arul Migu Shri Maha Mariamman Temple', Pothanur Village, Paramathi Velur Taluk, Namakkal District, scheduled to be held on 5.6.2016 to 26.6.2016.) 1. The petitioner has come up with the present writ petition for a mandamus, directing the respondents to give permission and adequate police protection for the smooth and peaceful celebration of the annual temple festival of 'Arulmigu Shree Maha Mariyamman Temple', Pothanur Village, Paramathi Velur Taluk, Namakkal District, scheduled to be held on 5.6.2016 to 26.6.2016. 2. It is the case of the petitioner that he belongs to Sozhiya Vellalar Community. The members of the petitioner's community used to perform rituals and ceremonies to Vellakkal Mariyamman Temple situated at Pothanur,...


Jun 28 2016

Selva Kumar Vs. Atheeswari

Court: Chennai Madurai

Decided on: Jun-28-2016

(Prayer: Criminal Revision Petition is filed, under Section 397 and 401 Cr.P.C., to call for records relating to the order, dated 12.02.2016, made in M.C.No.19 of 2014, on the file of the Family Court, Sivagangai, and set aside the same.) 1. Truth is stranger than fiction. There are many oddities in life. Sometimes they are unbelievable, but in rarity they are believable. 2. In this revision, the revision petitioner challenges grant of Rs.2,500/- as monthly maintenance to the respondent. 3. In M.C.No.19 of 2014, respondent sought for maintenance, under Section 125 Cr.P.C., before the learned Judge, Family Court, Sivagangai. 4. After hearing both sides and perusing the evidence, the learned Judge, Family Court, ordered payment of Rs.2,500/- as monthly maintenance to the respondent. 5. Certain events had taken place in their life. Respondent is born and brought up a Hindu woman. For the sake of the revision petitioner, she embraced Christianity. She become a baptized woman. The revision ...


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