Chennai Court July 2016 Judgments
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Aqua Pump Industries and Another Vs. Puneet Mehta
Court: Chennai
Decided on: Jul-12-2016
(Prayer: Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 CPC read with Sections 27, 134 and 135 of the Trade Marks Act, 1999, praying for the following judgment and decree against the defendant: (a) granting permanent injunction, restraining the defendant, by itself, its servants, agents, distributors, or anyone claiming through them from manufacturing, selling, offering and advertising for sale using the Trade Mark TECHNOPLUS upon the goods or in any media and use the same in invoices, letter heads and visiting cards or any other trade literature of by using any other Trade Mark which is in any way visually, phonetically or deceptively similar to the plaintiffs Registered Trade Marks TEXMO or in any manner infringing the plaintiffs registered Trade Mark Nos.315049 (SP-I)(SP-II) and 315050 (SP-I) (SP-II). (b) granting permanent injunction restraining the defendant, by themselves, their servants, agents, men or anyone claiming through them from m...
Dr.A. Jepa Malar Vs. The Director of Collegiate Education College Road
Court: Chennai
Decided on: Jul-12-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus to direct the respondent herein to approve and regularize the petitioner's appointment as Assistant Professor in Chemistry in the Nesamony Memorial Christian College, Marthandam, in the sanctioned retirement vacancy of Mr.Prem Sutherson with effect from 16.06.2010 to 06.07.2014 in the light of the approval given by the 1st Respondent to the similarly placed persons in Na.Ka.No. 4593/F2/2016, dated 15.04.2016, Na.Ka.No.19837/F2/2007, dated 14.03.2014 and Na.Ka.No.33733/F2/2005, dated 01.09.2014 in W.P.No.17368 of 2005, dated 29.06.2005, W.A.Nos.140, 811 of 2006 and 809 of 2007, dated 21.10.2010, and in S.L.P.Nos. 19526 to 19528 of 2013, dated 29.11.2013, with monetary and service and all other benefits for the said period based on the representation given by the petitioner dated 07.01.2016.) 1. By consent, the writ petition is taken up and disposed of at the admission stage itself...
Karuppaiah Vs. P.R. Rajesh Kumar and Another
Court: Chennai Madurai
Decided on: Jul-12-2016
(Prayer: Criminal Original Petition is filed under Sections 439(2) read with 482 of the Criminal Procedure Code praying to cancel the anticipatory bail order passed in Cr.M.P.No.1068 of 2015, dated 13.05.2015 on the file of the Vacation Sessions Court, Trichy.) This petition has been filed praying to cancel the anticipatory bail granted in favour of the first respondent vide order dated 13.05.2015 made in Crl.M.P.No.1068 of 2015 by the learned Vacation Sessions Judge, Tiruchirappalli. 2. It is averred in the petition that the petitioner and first respondent are neighbours. The first respondent introduced one Muthukumar (A.1) as Satheshkumar and he is the owner of the land to an extent of 2 acres situated at Tamalaroobam Village in Trichy within the Corporation limit and A.1 informed him that he is going to sell the said property. Believing the same, the petitioner paid a sum of Rs.2 crores to the first respondent and A.1 as advance. After receiving the amount, both the accused have eva...
K. Marimuthu Vs. The Managing Director, Tamil Nadu State Transport Cor ...
Court: Chennai Madurai
Decided on: Jul-12-2016
(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 21.06.2016.) 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...
Selvam @ Ramasamy Vs. The State rep. by The Inspector of Police, Erode ...
Court: Chennai
Decided on: Jul-12-2016
(Prayer: Appeal filed under Section 374 of the Code of Criminal Procedure against the judgment passed by the learned Sessions Judge (Fast Track Magalir Court), Erode in S.C.No.19 of 2015 dated 07.09.2015.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.19 of 2015 on the file of the learned Sessions Judge (Fast Track Magalir Court), Erode. He stood charged for offence under Section 366 I.P.C., Section 9 of the Prohibition of Child Marriage Act, 2006 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act ). By judgment dated 07.09.2015, the trial Court convicted him under all the three charges and sentenced him to undergo rigorous imprisonment for 10 years and pay a fine of Rs.10,000/- in default to undergo simple imprisonment for two years for offence under Section 366 I.P.C.; to undergo rigorous imprisonment for two years for offence under Section 9 of the Prohibition of Child Marriage Act, 2006 and to undergo ...
K. Kathiresan Vs. The Director of Vigilance and Anti-Corruption (DVAC) ...
Court: Chennai
Decided on: Jul-12-2016
(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the second respondent, the Central Bureau of Investigation, to register FIR based on the petitioner's complaint, dated 24.08.2015 sent to the first respondent and investigate the matter and further to direct the second respondent to register FIR against Mr.Jatindranath Swain, IAS., the Principal Secretary to Government and his staff whose names not known and the concerned Police Officers of the first respondent under Section 218 of IPC.) (Prayer amended as per the order of this Court, dated 05.04.2016 made in M.P.No.2 of 2015 in Crl.O.P.No.22953 of 2015). 1. This Crl.O.P. is filed to direct the second respondent, the Central Bureau of Investigation, to register FIR based on the petitioner's complaint, dated 24.08.2015 sent to the first respondent and investigate the matter and further to direct the second respondent to register FIR against Mr.Jatindranath Swain, IAS., the Pri...
R. Soundararajan Vs. N.S. Palaniappan, I.A.S and Others
Court: Chennai Madurai
Decided on: Jul-12-2016
(Prayer:-Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the contemnors for willfully and deliberately disobeying the order of this Honourable Court in WP.(MD).No.7197/2008 dated 27.01.2011.) 1. The Petitioner (party-in-person) is present today before this Court. However, there is representation on the side of the respondents through the Learned Government Advocate. 2. Earlier, this Court, on 27.01.2011 in W.P.(MD).No.7197 of 2008, filed by the petitioner against the State of Tamil Nadu, represented by the Secretary, Public Works Department, Chennai-9 and three others at paragraph No.12 had observed the following: 'As far as the present writ petition is concerned, with the similarly placed persons like that of the petitioner namely K.Raja, S.Solai, M.Karuppiahm M.Subramanian and others and also one V.Narayana who have been given the relaxation in respect of relevant rule for appointment of Work Inspector Grade-II, as per G.O.Ms.No.286, Public Works Depa...
V. Boominathan Vs. The Principal Secretary and Commissioner of Land Ad ...
Court: Chennai Madurai
Decided on: Jul-12-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order made by the fourth respondent by his proceedings in Na.Ka.A1/1357/09, dated 25.03.2009 insofar as it relates to the Petitioner's lands in Plot No.5, Kalaiappa Nagar in S.No.65/26 at Kalanivasal Village, Karaikudi Taluk, Sivagangai District and to quash the same as illegal and consequently to direct the 6th respondent to take on file and register the documents in respect of the Petitioner's lands.) 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. The Petitioner has focussed the present Writ Petition before this Court praying for passing of an order by this Court in calling for the records pertaining to the impugned order made by the Fourth Respondent in Na.Ka.No.A1/1357/09, dated ...
Poongamally @ Poongody and Another Vs. State rep by Inspector of Polic ...
Court: Chennai
Decided on: Jul-12-2016
(Prayer: Appeals filed under Section 374 of the Code of Criminal Procedure against the judgment passed by the learned I Additional District and Sessions Judge, Salem in S.C.No.297 of 2012 dated 01.08.2015.) Common Judgment: S. Nagamuthu, J. 1. The appellants are the accused 1 and 2 in S.C.No.297 of 2012 on the file of the learned I Additional District and Sessions Judge, Salem. The first accused stood charged for offences under Sections 449, 302 and 392 I.P.C. and the second accused stood charged for offences under Sections 449, 302 r/w 34 and 392 I.P.C. The trial Court convicted both the accused under all the charges and sentenced them as follows: ad>Rank of theAccusedPenal provision(s) under which convictedSentenceA1449 of IPCRigorous Imprisonment for ten years and to pay a fine of Rs.1,000/- each in default to undergo rigorous imprisonment for six months. 302 of I.P.C.Imprisonment for life and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for six months. 39...
Russel Credit Limited Vs. M/s. Ravi Shankar Industries Pvt.Ltd. and Ot ...
Court: Chennai
Decided on: Jul-12-2016
(Prayer: Amended Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 CPC read with Sections 134 and 135 of the Trade Marks Act, 1999 and under Sections 55, 56 and 62 of the Copyright Act, 1957, praying for the following judgment and decree against the defendant. a) Directing the third defendant to execute a sale deed in favour of the plaintiff conveying an undivided share of interest / ownership in the schedule 'A' land to the extent of 5,008.4 sq.ft and transferring a built-up area of 12,521 sq.ft. in the commercial complex constructed in schedule 'A' property; b) Put the plaintiff in peaceful possession of property mentioned in para 22(a) herein above; c) Directing the defendants to discharge all its obligations as required under the agreement dated 17th January 2001; or d) In the alternative, for a money decree in the sum of Rs.4,96,57,846.00 with interest at 12% per annum from the date of the suit till the date of recovery; e) for costs of the s...