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Chennai Court August 2016 Judgments

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Aug 23 2016

K. Ayyachamy Vs. The Tamil Nadu State Transport Corporation (Madurai) ...

Court: Chennai Madurai

Decided on: Aug-23-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the Respondent to pay all the terminal benefits payable to the petitioner including provident Fund, Gratuity, Commuted Value of Pension, Leave Salary, Social Security Scheme Arrears,Refund of Institute of Road, Transport Contribution amount together with interest at the rate of 18% per annum from the date of his retirement to till the date of payment.) 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 ...


Aug 23 2016

G. Eswaran Vs. The State of Tamil Nadu, Rep. by the Deputy Superintend ...

Court: Chennai

Decided on: Aug-23-2016

(Prayer: Criminal Revision Case filed under Sections 397 and 401 Cr.P.C. against the order dated 27.03.2016 passed in Crl.M.P.No.67 of 2014 in C.C.No.30 of 2013 on the file of the Special Court for the cases under the Prevention of Corruption Act, Chennai and discharge the petitioner.) This revision petition is filed challenging the order of dismissal of the discharge petition filed by the petitioner under Section 239 Cr.P.C. in Crl.M.P.No.67 of 2014 in C.C.No.30 of 2013, dated 27.03.2016 on the file of the Special Court for the cases under the Prevention of Corruption Act, Chennai. 2. The petitioner herein is the sole accused in C.C.No.30 of 2013. It is the case of the prosecution that he is a public servant within the meaning of Section 2(c) of the Prevention of Corruption Act (for short, "the P.C. Act"). He joined in Government service as Surveyor on 07.01.1980 and thereafter, was promoted as Planning Assistant and posted in the office of the Regional Deputy Director, DTCP, Coimbato...


Aug 23 2016

Rathinam Vs. Satheeswari @ Sathya and Another

Court: Chennai Madurai

Decided on: Aug-23-2016

(Prayer:Criminal Revision Petition is filed under Sections 397 r/w 401 of Cr.P.C., to call for the records pertaining to the order in M.C.No.15 of 2013 dated 26.10.2015 passed by the learned Judicial Magistrate, Periyakulam, Theni District and set aside the same by allowing this revision.) 1. This revision is at the instance of Rathinam, who is the husband of the first respondent and father of the second respondent as against grant of maintenance to them ordered by the learned Judicial Magistrate, Periyakulam in M.C.No.15 of 2013 on 26.10.2015. 2. It is not in dispute that the first respondent became the wife of a tailor. He is Singapore tailor in Tirupur. It is a matter of common knowledge that now the tailors are also started charging tailoring fees considerably. As there is price increase, everyone increase their fees. So also the tailors. 3. The couples Rathinam/revision petitioner and Satheeswari @ Sathya/ first respondent were blessed with a daughter viz., Kaviyalakshmi. She is a...


Aug 23 2016

Blue Metals Company Pvt. Ltd, Vs. The District Collector, Tirunelveli ...

Court: Chennai Madurai

Decided on: Aug-23-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus forbearing the respondents from interfering with the petitioners right and their customers right to transport the crusher materials and M Sand from the crushing unit of the petitioner at No.64 Tiruchendur Road, Kumbikulam Village, Radhapuram Taluk, Tirunelveli district to the place of the purchasers destination situated either within the State of Tamil Nadu or outside the State of Tamil nadu more particularly the neighbouring State of Kerala with the valid bills issued by the petitioner.) 1. The Manager of a Private Limited Company without any authorisation filed this Writ Petition with a strange prayer to restrain the District Collectors of Tirunelveli and Kanyakumari Districts from interfering with their right and that of their customers to transport crusher materials and M Sand from the crushing unit of the petitioner at Door No.64, Tiruchendur Road, Kumbikulam Village,...


Aug 23 2016

Elumalai and Another Vs. State Represented by, The Inspector of Police ...

Court: Chennai

Decided on: Aug-23-2016

(Prayer: Criminal Appeal filed under Section 374 (2) of the Criminal Procedure Code against the judgment of the learned III Additional Sessions Judge, Villupuram @ Kallakurichi, in S.C.No.394 of 2013, dated 29.03.2016.) S. Nagamuthu, J. 1. The appellants are the accused 1 and 2 in S.C.No.394 of 2013 on the file of the learned III Additional Sessions Judge, Villupuram at Kallakurichi. They stood charged for the offences under Section 302 IPC and 302 read with 201 IPC. 2. By judgement, dated 29.03.2016, the trial court convicted them under both the charges and sentenced them to undergo Imprisonment for life and to pay a fine of Rs.3,000/- each, in default to undergo Rigorous Imprisonment for six months, for the offence under Section 302 IPC, and to undergo Rigorous Imprisonment for one year Rigorous Imprisonment and to pay a fine of Rs.1,000/- each, in default, to undergo three months simple imprisonment for the offence under Section 302 r/w 201 IPC. Challenging the said conviction and s...


Aug 23 2016

V. Krishnaraj and Others Vs. State Express Transport Corporation, (Tam ...

Court: Chennai Madurai

Decided on: Aug-23-2016

(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 all the terminal benefits payable to the petitioner including Gratuity, Social Security Scheme amount Refund of Institute of Road Transport Contribution amount, Commuted value of pension , earned Leave Salary, and Medical Leave Salary together with interest at the rate of 18% per annum from the date of his retirement to till the date of payment within the time that may be stipulated by this Court.) 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...


Aug 23 2016

K. Rajasekaran Vs. Vinothkumar and Others

Court: Chennai

Decided on: Aug-23-2016

(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, against the Fair and Decretal order dated 12.08.2013 in I.A.No.332 of 2012 in O.S.No.40 of 2006 on the file of Sub-Court, Gingee in allowing the said amendment application.) 1. The case of the petitioner is as stated below. The petitioner is the 2nd defendant and the 5th respondent is the 1st defendant in the suit in O.S.No.40 of 2006 on the file of the Sub-Court, Gingee and the respondents 1 to 4 are the minor plaintiffs represented by their mother/guardian Smt.Sheela. The petitioner and the 5th respondent are the brothers. The 5th respondent K.Anandan is the father of the respondents 1 to 4. The 5th respondent is the brother of the petitioner. The plaintiffs namely respondents 1 to 4 have filed civil suit in O.S.No.40 of 2006 on the file of Sub-Court, Gingee on 30.08.2006 through their mother / guardian Smt.Sheela against the petitioner and the 5th respondent, who are the defendants 1 and 2 seeking for...


Aug 23 2016

A. James Vs. The Tamil Nadu State Transport Corporation (Madurai) Ltd. ...

Court: Chennai Madurai

Decided on: Aug-23-2016

(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 all the terminal benefits amount payable to the petitioner including Gratuity, Unavailed Leave Salary, Service-Surrender leave salary, Social Security Scheme amount, refund amount of Institute of Road Transport 12(3) Settlement arrears and Dearness allowance arrears together with 18% interest from the date of his retirement to till the date of payment and all other attendant benefits to the petitioner within the stipulated period.) 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 ...


Aug 23 2016

R. Vairam Vs. V. Thenmozhi

Court: Chennai Madurai

Decided on: Aug-23-2016

(Prayer: Criminal Revision Petition is filed under Sections 397 r/w. 401 of Cr.P.C., against the order passed by the learned I Additional District and Sessions Judge, Madurai in Cr.M.P.No.222 of 2016 in C.A.No.6 of 2016 vide his order dated 30.03.2016 by which is so far as it relates to granting permission to the respondent to occupy the petitioner's house property situated at No.5/97 E, Ulaganeri, Narasingam Village, Y.Othakadai, Madurai (Residential Order) in terms of Section 16 r/w. 23(1) of the Protection Women Act, 2005.) Common Order: 1. Since these Crl.R.C. and Crl.O.Ps. are connected on factual matrix and legal issues, they are tagged together, heard together and being disposed of this common order. 2. Thenmozhi is the daughter of Veerapathiran. Karthick, who is the son of Rajendran and Vairam. On 22.01.2015, the marriage between the said Karthick and Thenmozhi took place. Unfortunately, the couples were not blessed with any children. However, they were afflicted with matrimoni...


Aug 23 2016

Raman Achariyar Vs. The State of Tamilnadu, Rep. By its Secretary to t ...

Court: Chennai

Decided on: Aug-23-2016

(Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a writ of Habeas Corpus, calling for the records relating to te detenue's detention order passed by the 2nd respondent Detention C3. D.O. No.20/2016 dated 28.03.2016 and set aside the same and produce the detenue Raja @ Paravai Raja son of Raman Achariyar, aged about 24 years, now detained in Central Prison Vellore before this Hon'ble court and set him at Liberty. ) S. Nagamuthu, J. 1. The petitioner is the Uncle of the detenu. The detenu has been branded as a "Boot legger" under the Tamil Nadu Act 14 of 1982 and detained under the order of the 2nd respondent passed in C3.D.O.NO.20/2016 dated 28.03.2016. 2. Even though the petitioner has raised many grounds in assailing the impugned order of detention in the petition, the learned counsel confined his arguments only to the ground of delay in considering the representation of the detenu. According to the learned counsel for the petitioner, the repr...


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