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Chennai Court July 2016 Judgments

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Jul 05 2016

Tafe Reach Limited, Chennai Vs. ---

Court: Chennai

Decided on: Jul-05-2016

(Prayer: Petitions filed under Sections 391 to 394 of the Companies Act, 1956 to sanction the Scheme of Arrangement (Demerger).) Common Order: 1. These company petitions are preferred under Sections 391 and 394 of the Companies Act, 1956 for sanctioning the scheme of arrangement (demerger) (in short the Scheme) between the demerged company with the resulting company with effect from 01.04.2015. The Scheme is appended as Annexure '5' to the petitions. 2. M/s.Tafe Reach Limited, the petitioner in C.P.No.140 of 2016 is the demerged company and M/s.Tafe Access Limited, the petitioner in C.P.No.1141 of 2016 is the resulting company. 3. A perusal of the records shows that the respective petitioner company have complied with the formalities as prescribed under the Companies Act and the Rules framed therein. The affidavits of the equity shareholders of both the demerged and resulting companies giving their consent to the scheme is appended as Annexure 7 to these Petitions. Certificates of the ...


Jul 05 2016

Sonia Exports rep. by its Proprietor K.K. Abdul Nazar, Alleppey, Keral ...

Court: Chennai

Decided on: Jul-05-2016

(Prayer: Original Side Appeal under Clause 15 of the Letters Patent read with Order XXXVI Rule 1 of Original Side Rules against the Order, dated 28.08.2007 made in O.P.No.750 of 2003.) This Original Side Appeal has arisen from the common order, dated 28.08.2007 made in O.P.No.638 and 750 of 2003, filing for setting aside the Award of the Arbitrator / second respondent, dated 16.05.2003 made in C.P.No.1 of 1999. 2. The learned single Judge dismissed the Original Petition, confirming the Award passed by the Arbitrator. Aggrieved against that order, the petitioners have preferred this appeal. 3. The brief facts are narrated hereunder : (i) The first appellant and the first respondent / claimant entered into an agreement, dated 30.04.1993 at Madras, agreeing that the claimant will purchase the marine food products from the appellants on the terms mentioned therein. On the expiry of the said agreement, dated 30.04.1993, they renewed the agreement, which was effective till 20.04.1996. On rec...


Jul 05 2016

J. Prabhu Vs. The State, Rep. by The Inspector of Police, Villupuram D ...

Court: Chennai

Decided on: Jul-05-2016

(Prayer: Appeal against the judgment, dated 21.04.2015, made in S.C.No.403 of 2010 on the file of Principal Sessions Court, Villupuram.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.403 of 2010 on the file of Principal Sessions Court, Villupuram. He stood charged for the offence under Section 302 IPC. By judgment, dated 21.04.2015, the trial Court convicted him for the offence under Section 302 IPC and sentenced him to undergo imprisonment for life and pay fine of Rs.10,000/-; in default, to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the appellant is before this Court with this appeal. 2. The case of the prosecution, in brief, is as follows : 2.1. The deceased in this case was one Mrs.Anitha. The accused is her husband. It was a love marriage between the accused and the deceased. The deceased was working as a teacher in a Government School, whereas the accused had no work and no income. But, the accused was spending la...


Jul 05 2016

V. Lakshmi Vs. The District Collector, Tirunelveli and Others

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 3rd respondent to issue a patta in favour of the petitioner for the house site measures about 3 cents in Survey No.118 at Melanatham Village, Palayamkottai Taluk, Tirunelveli District considering the petitioner's representation dated 26.4.2016 to the 3rd respondent.) 1. It is seen from the contents of affidavit filed by the writ petitioner that the petitioner is a physically challenged person and along with her husband, she is in possession of 3 cents in Sy.No.118, situate at Melanatham Village, Palayamkottai Taluk, Tirunelveli District. According to the petitioner, she had constructed a thatched house in the year 1991 and from that time onwards, they are paying regularly the tax to the Revenue Department. It is the version of the petitioner that her husband died on 14.11.2011 and thereafter, she is selling some rice cakes (Idlys) in her locality for her livelihood...


Jul 05 2016

M/s Tamil Nadu State Transport Corporation Limited. Vs. M. Parameswari ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, to set aside the Judgment and decree passed in MCOP No.2109 of 2004, on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Trichirappalli dated 01.11.2007.) 1. This appeal is directed against the award of the Motor Accident Claims Tribunal, (Principal District Judge) Trichirappalli, passed in MCOP No.2109 of 2004 dated 01.11.2007. 2. According to the claimants, on 01.07.2004 at 8.30 p.m, when the deceased Murugan was travelling as pillion rider in the motorcycle on Trichy-Pudukkottai main road from south to north, the bus bearing Registration No. TN-55-N-0209 belonging to the appellant Transport Corporation came from behind i.e., from south to north driven by its driver in a rash and negligent manner and dashed against the motorcycle. In the said accident, the rider and the pillion rider of the motorcycle sustained fatal injuries and died on the spot. The legal heirs of the d...


Jul 05 2016

The Correspondent, St. Aloysius Middle School, Tirunelveli District Vs ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 3rd respondent, District Elementary Educational Officer in O.Mu.No.7144/Aa2/2011, dated 14.03.2012 and quash the same and further direct the 3rd respondent District Elementary Educational Officer to approve forthwith the appointment of Mr. S.Antony Panneer Selvan as BT Assistant in the Petitioner school w.e.f. the date of appointment viz., 02.06.2008 with salary and attendant benefits.) 1. This Writ Petition is filed by the Correspondent of St. Aloysius Middle School, Chinthamani, Tirunelveli District, challenging the order issued by the third respondent, District Elementary Educational Officer, in proceedings Ref. O.Mu.No.7144/Aa2/2011, dated 14.03.2012 and consequently to direct the third respondent, District Elementary Educational Officer, to approve, forthwith the appointment of one Mr.S...


Jul 05 2016

The Assistant Commissioner of Urban Land Ceiling and Urban Land Tax, C ...

Court: Chennai

Decided on: Jul-05-2016

(Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the order passed in W.P.No.21002 of 2004 dated 23-07-2009.) A. Selvam, J. 1. Challenge in this writ appeal is to the order dated 23-07-2009 passed in W.P.No.21002 of 2004 by the learned Single Judge of this Court. 2. The respondent herein, as petitioner has filed W.P.No.21002 of 2004 on the file of this Court praying to issue a writ of mandamus or any other writ, order or direction in the nature of mandamus forbearing the respondents from interfering with the peaceful possession and enjoyment of the property situate in Site No.86 in S.F.Nos.567, 569 and 570/1A1 at Thudiyalur Revenue Village, Ganesh Nagar, Coimbatore 641 029 by invoking Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 ('the Act' in short) and consequently, directing the respondents to delete wrong entries made in revenue records and restore its status, wherein the present appellants have been shown as respondents. 3. The material averments made...


Jul 05 2016

The Managing Director,Tamil Nadu State Transport Corporation Limited, ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, to set aside the Judgment and Decree passed in M.C.O.P.No.862 of 2005, dated 15.02.2008, on the file of the Motor Accident Claims Tribunal, District Court, Karur.) 1. This appeal is directed against the award of the Motor Accident Claims Tribunal, District Court, Karur passed in M.C.O.P.No.862 of 2005 dated 15.02.2008. 2. According to the claimants, on 01.12.2015 at 06.00 p.m, the deceased Nallappan was proceeding in his motorcycle bearing Registration No. TN-47-J-9364 on Karur-Coimbatore Highways and at that time, a bus of the appellant Transport Corporation bearing Registration No. TN-27-N-1509, which was coming from the opposite direction in a high speed, dashed against the motorcycle. In the said accident, the said Nallappan died on the spot. The legal heirs of the deceased filed a petition before the tribunal claiming compensation of Rs.6,00,000/-. 3. The appellant Transport Corporation resiste...


Jul 05 2016

The Managing Director, Tamil Nadu State Transport Vs. Megabooban and A ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, to set aside the decree and Judgment dated 27.07.2007 and made in MCOP No.486 of 2004, on the file of the Motor Accidents Claims Tribunal, Principal Sub Court, Tenkasi.) 1. This appeal is directed against the award of the Motor Accident Claims Tribunal, Principal Sub Court, Tenkasi, passed in MCOP No.486 of 2004 dated 27.07.2007. 2. According to the claimants, on 20.08.2003 at 01.30 p.m, the deceased Mohammed Ibrahim was driving his Maruthi car bearing Registration No. TN-01-J-4437 from Chennai to Tenkasi and when the Car was nearing Dharani Sugars, south of Sivagiri, a bus of the appellant Transport Corporation bearing Registration No. TN-67-N-0194, which was coming from the opposite direction in a rash and negligent manner, dashed against the Maruthi Car. In the said accident, the deceased sustained grievous injuries and when he was taken away to the hospital, died. The legal heirs of the deceased...


Jul 05 2016

Dr.E. Mageswari Vs. The Inspector of Police, All Women Police Station, ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to conclude the trail in C.C.No.29 of 2015 pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Tiruchirapalli within a reasonable time as may be stipulated by this Honourable Court and thereby preventing the respondent accused from protracting the trial without unnecessary delay.) 1. This petition has been filed, seeking a direction to the learned Judicial Magistrate, Additional Mahila Court, Tiruchirapalli to conclude the trail in C.C.No.29 of 2015 within a stipulated time. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for R1. 3. It is seen that a complaint has been lodged against the respondents 2 to 6 by the defacto complainant / petitioner, based on which, the 1st respondent has registered a case in Crime No.21 of 2014 on 18.11.2014 under Sections 498(A), 294(b), 406 and 506(i) IPC r/w Section ...



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