Chennai Court July 2016 Judgments
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Saravanan Vs. State rep by Inspector of Police, Karimangalam Police St ...
Court: Chennai
Decided on: Jul-28-2016
(Prayer:Appeal filed under Section 374 of the Code of Criminal Procedure against the judgment passed by the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri in S.C.No.68 of 2010 dated 18.09.2014.) 1. The appellant is the sole accused in S.C.No.68 of 2010 on the file of the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri. As per the police report, there was yet another accused by name Vadivel. Since, he has been absconding, the case against Mr.Vadivel has been split up and tried separately. Thus, the appellant alone was charged by the trial Court. The trial Court framed as many as six charges against the appellant as follows: ad>Serial Number of charge Charge(s) framed under Section1364 of IPC (3 counts)2368 of IPC3302 r/w 109 of IPC4302 r/w 109 of IPC5201 of IPC (2 counts)6363 of IPC By judgment dated 18.09.2014, the trial Court convicted the appellant for various offences as detailed below: ad>Penal provision(s) under which convictedSentence364 of IPC (3 counts)...
State Bank of Mysore, Chennai Vs. B.R. Pandurangan and Others
Court: Chennai
Decided on: Jul-27-2016
(Prayer: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 against the order and decree order dated 09.07.2015 made in R.C.A.No.619 of 2013 on the file of the VII Judge, Court of Small Causes, Chennai, modifying the order dated 20.09.2013 passed in R.C.O.P.No.463 of 2009 on the file of the XI Judge (Rent Controller), Court of Small Causes, Chennai.) 1. Challenging the judgment and decree passed in R.C.A.No.619 of 2013 on the file of the VII Judge, Court of Small Causes, Chennai, modifying the order of the Rent Controller passed in R.C.O.P.No.463 of 2009 on the file of the XI Judge (Rent Controller), Court of Small Causes, Chennai, the tenant has filed the above Civil Revision Petition. 2. The respondents/landlords filed R.C.O.P.No.463 of 2009 for fixation of fair rent. 3. According to the petitioner, the building is a Ground plus one R.C.C. framed structure and it has been constructed in a plot measuring 5300 sq.ft. The total ...
S. Murugan Vs. The District Collector and District Magistrate, Office ...
Court: Chennai Madurai
Decided on: Jul-27-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the 1st Respondent to grant gun licence to the petitioner under rule 3(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules forthwith. 1. Heard both sides. 2. According to the petitioner, he belongs to Hindu Scheduled Caste Community and further that he was elected as Panchayat President of Vempathur Panchayat, which is reserved for Scheduled Caste candidate. He is said to be a public spirited person and initiated action for protecting the life of the Scheduled Caste persons living in and around Vempathur Village from the social evils and different forms of untouchability. 3. The Stand of the petitioner is that some vested interest persons targeted him to end his life. But, his brother viz., Muthukrishnan was killed by the caste Hindus and that the Thirupachati Police Station officials registered an FIR in Cr.No.17 of 2010, on the basis of his c...
D. Johnsi Vs. A. Victor Paul
Court: Chennai
Decided on: Jul-27-2016
(Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw I.D.O.P.No.180 of 2015 on the file of Principal District Court, Tiruvallur and try along with M.C.No.533 of 2014 on the file of II Additional Family Court, Chennai.) 1. Even though the respondent has been served and the name of the respondent appears in the cause list, the respondent has not chosen to appear before this Court either in person or through a pleader. Hence, the matter is decided on merits. 2. Petitioner has filed the present petition seeking transfer of I.D.O.P.No.180 of 2015 on the file of Principal District Court, Tiruvallur and try along with M.C.No.533 of 2014 on the file of II Additional Family Court, Chennai. 3. Learned counsel for petitioner/wife submits that the respondent/husband has filed I.D.O.P.No.180 of 2015 on the file of Principal District Court, Tiruvallur, seeking divorce. The petitioner/wife has filed M.C.No.533 of 2014, on the fil...
Kumar Vs. The Branch Manager, Indian Bank, Madurai District and Anothe ...
Court: Chennai Madurai
Decided on: Jul-27-2016
(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 sanction the educational loan of Rs.4,00,000/- applied for the Petitioner's daughter namely Sindhuja, B.E. Electronic Communication Engineering Course for the period of 2015-2019 in Hindusthan College of Engineering and Technology, Coimbatore.) 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, his daughter Sindhuja had completed her Higher Secondary Education during the month of March 2015 and she secured 880/1200 marks through SMB Matriculation Higher Secondary School, Dindigul. After completing her Higher Secondary Course in the year 2015, she aspired to joint the course in B.E. Electronic Communication Engineering and hence she joined the Hindusthan College of Engineering and Technology, Coimbatore. 4. The stand of the Petitioner is that he...
S. Kumarasamy Vs. The Commercial Tax Officer, Srivilliputhur, Virudhun ...
Court: Chennai Madurai
Decided on: Jul-27-2016
(Prayer: Writ Petitions filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned communication dated 27.06.2016 bearing No.TIN 33416081572/2011-2012, 2012-2013, 2013-2014 and 2013-2014 and quash the same.) 1. Since the issue involved in all the Writ Petitions are one and the same, these matters are taken up together and disposed of, by this common order. 2. The petitioner herein is the assessee on the file of the respondent. He challenges the impugned order, dated 27.06.2016, issued by the respondent, on the ground that there is violation of the principles of natural justice, since the respondent failed to provide the details sought for by the petitioner, in the explanation dated 30.12.2015. 3. Learned counsel for the petitioner submitted that, before initiation of the proceedings, a duty is cast upon the respondent to provide the necessary documents to defend the case of the petitioner i...
Manoharan Vs. A. Ramadoss
Court: Chennai
Decided on: Jul-27-2016
(Prayer: Civil Revision Petition filed under Section 115 of Civil Procedure Code against the order and decree dated 14.06.2013 made in E.A.No.89 of 2009 in E.P.No.180 of 2004 in O.S.No.155 of 1993 on the file of District Munsif of Ranipet, Vellore.) 1. Challenging the order passed in E.A.No.89 of 2009 in E.P.No.180 of 2004 in O.S.No.155 of 1993 on the file of District Munsif Court, Ranipet, the Judgment Debtor has filed the above Civil Revision Petition. 2. The plaintiff filed a suit in O.S.No.155 of 1993 for recovery of money. The suit was decreed on 15.04.1994. Pursuant to the decree granted in O.S.No.155 of 1993, the plaintiff filed an Execution Petition in E.P.No.180 of 2004. In the Execution Petition, the property of the defendant was brought to sale. Since there was no bidder in the auction, with the leave of the Court, the plaintiff himself had purchased the property in Court auction. 3. Thereafter, the defendant filed an application under Order 21 Rule 90 of Civil Procedure Cod...
R. Duraibabu Vs. Union of India rep. by Secretary to Government Minist ...
Court: Chennai
Decided on: Jul-27-2016
(Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, to direct the respondents to fix the pay of scale as Rs.32900-58000/-, which was fixed initially/extended from February, 2015, to the petitioners, with all consequential arrears of monetary and attendant benefits.) 1. By consent, these Writ Petitions are taken up together and disposed of at the stage of admission itself. 2. The petitioners in W.P.Nos.25462, 25464 and 25465 of 2016 were appointed as Marine Engineer on 09.03.2011, 28.10.2010 and 17.06.2010 respectively, and the petitioners in W.P.Nos. 25463 and 25466 of 2016 were appointed as Pilot (Class-I) on 08.11.2010 and 11.08.2014, in regular vacany and as permanent employees in the pay scale of Rs.32,900 58,000/- and they are still working. Till the month of February, 2015, the petitioners in W.P.Nos.25463 to 25465 of 2016 were receiving a basic pay of Rs.37,040/- and the petitioners in W.P.Nos.25462 and 25466 of 2016 we...
G. Muthukumar Vs. R. Bhuvaneshwari
Court: Chennai
Decided on: Jul-27-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India seeking a direction to learned Family Judge, Chengalpet, to expeditiously dispose of the petition in F.C.O.P.No.200 of 2015, pending on his file.) 1. The petitioner has moved the present Civil Revision Petition seeking earlier disposal of the case in F.C.O.P.No.200 of 2015, pending on the file of the Family Court, Chengalpet praying for Restitution of Conjugal Rights. 2. The learned counsel for the petitioner submits that this revision is pending before the Family Court for filing counter. 3. Considering the submission made by the petitioner, it is necessary for giving a direction to the Family Court, Chengalpet for early disposal of the case in F.C.O.P.No.200 of 2015. Accordingly, the learned Family Judge, Chengalpet, is directed to dispose of F.C.O.P.No.200 of 2015 within a period of four months from the date of receipt of a copy of this order. 4. The Civil Revision Petition is disposed of with the ...
P. Sivakumar Vs. The Tahsildar, Taluk Office, Theni
Court: Chennai Madurai
Decided on: Jul-27-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent herein to conduct survey and measurement of the petitioner's house site measuring 353.1/8 sq.t., comprised in S.No.36/2A situated in Veerapandi Village, Palanichettipatti, Periyakulam Taluk, Theni district, as per the registered sale deed dated 05.10.1978 vide Doc.No.2652/1978 on the file of Sub Registrar, Theni, within a reasonable time.) 1. Heard both sides. 2. By consent, the main Writ Petition itself is taken up for final hearing. 3. No counter is filed on behalf of the Respondent. 4. According to the Petitioner, he had applied before the Respondent / Tahsildar, Theni, for conduct of survey and measuring the property, bearing Survey No.36/2A, situated in Veerapandi Village, Palanichettipatti, Periyakulam Taluk, Theni district, on 01.06.2016 and paid necessary charges into the Treasury in this regard. In fact, the Petitioner had approac...
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