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Chennai Court August 2016 Judgments

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Aug 12 2016

V. Palanivel and Others Vs. The Regional Transport Authority, Namakkal ...

Court: Chennai

Decided on: Aug-12-2016

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondent herein to forthwith permit the petitioner pursuant to his application dated 21.01.2016 to run his mini bus Vehicle No.TN-39/AJ-7983 plying on the route Rasipuram Bus stand to Thoppapatti Mariyamman Kkoil via., Koneripatti Municipal Limit (Veterinary Hospital), Mettukaducolony, Kakkaveri, Kakkaveri Pirivu, S.C.Street, Venkayapalyam, Seerapalli touching Oduvankurichi (touching) water tank, milk society, Tho.Jedarpalayam, sandai to ply viz., Rasipuram Bus stand, Koneripatti, Erikkarai, Pirivu road, Kongu Kalyana Mandapam to reach the destination till such time the road is repaired and in road worthy condition. These Writ Petitions are filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 30.05.2016 by restraining 3rd respondent fr...


Aug 12 2016

Palanisamy Vs. State rep by Inspector of Police, Erode

Court: Chennai

Decided on: Aug-12-2016

(Prayer: Appeal filed under Section 374 of the Code of Criminal Procedure against the judgment passed by the learned IV Additional District and Sessions Judge, Bhavani, Erode in S.C.No.18 of 2012 dated 29.10.2012.) S. Nagamuthu, J. 1. The appellant is the first accused in S.C.No.18 of 2012 on the file of the learned IV Additional District and Sessions Judge, Bhavani at Erode. The second accused was one Mrs.Kunjayal. Both the accused stood charged for offence under Section 302 I.P.C. By judgment dated 19.10.2012, the trial Court convicted both the accused under Section 302 I.P.C. and sentenced them to undergo imprisonment for life and pay a fine of Rs.5,000/- and in default to undergo rigorous imprisonment for one year. The second accused Mrs.Kunjayal filed a separate appeal in Crl.A.No.220 of 2015 and by judgment dated 20.07.2016, this Court had acquitted her. Challenging the said conviction and sentence, the appellant / first accused alone has come up with this appeal. 2. The case of ...


Aug 12 2016

Pandiya Nadu Co-operative Training Institute, Madurai Vs. Balakrishnan ...

Court: Chennai Madurai

Decided on: Aug-12-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the order of the Labour Court, Madurai, in I.D.No.154/2005 dated 08.05.2014, quash the same and pass such other orders as this Hon'ble Court may deem it fit and proper.) 1. Mr.Pandiya Nadu Co-operative Training Institute, represented through its Principal, Madurai, has come up this Writ Petition, challenging the correctness of the Award passed by the Labour Court, Madurai, in I.D.No.154/2005, dated 08.05.2014, on the ground that the Labour Court, without considering the vital aspect that the first respondent was not a direct employee of the petitioner, has awarded a compensation of Rs.30,000/- (Rupees Thirty Thousand Only). 2. The case of the petitioner is that the second respondent mis-applied the provisions of Section 25(F) of the Industrial Disputes Act, 1947 to hold that the oral termination by the first respondent, dated 03.01.2005, is invalid. When the ...


Aug 12 2016

Petitioner Vs. Respondent

Court: Chennai

Decided on: Aug-12-2016

G. Chockalingam, J. 1. The petitioner, who was arrested and remanded to judicial custody on 02.07.2016 for the alleged offences punishable under Sections 279, 304(2) of IPC r/w. 185 of MV Act, in Crime No.492/S1 of 2016, on the file of the respondent police, seeks bail. 2. Mr.B.Kumar, learned Senior Counsel appearing for the petitioner would submit that the respondent police had filed a case against the petitioner and another on the allegation that they had committed the offences punishable under Sections 279, 304(2) of IPC r/w. 185 of MV Act and the petitioner was arrested and remanded to judicial custody on 02.07.2016 and she is in custody for nearly more than 42 days. The petitioner is an innocent and law abiding citizen and she did not commit any offence and she is ready to obey the conditions imposed by this Court. The learned Senior Counsel would further submit that on the date of occurrence, the petitioner left around 3.45 a.m. along with her friends from Chetpet to OMR. After c...


Aug 12 2016

The Chairman, Railway Recruitment Board, Egmore and Others Vs. The Reg ...

Court: Chennai

Decided on: Aug-12-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking an order to issue a writ of certiorari, calling for the records on the file of the first respondent in O.A.No.1109 of 2013, dated 13.06.2014 and including the order, dated 08.01.2016 in R.A.No.310/00046/2014 and quash the same.) P. Kalaiyarasan, J. 1. This writ petition has been filed under Article 226 of the Constitution of India, seeking to issue a writ of certiorari, calling for the records on the file of the Central Administrative Tribunal (Madras Bench) in O.A.No.1109 of 2013, dated 13.06.2014 and the order, dated 08.01.2016 in R.A.No.310/00046/2014 and quash the same. 2. The second respondent herein applied for the post of Trainee Assistant Loco Pilor in response to the Employment Notice published on 13.08.2011 by the Railway Recruitment Board. By letter, dated 08.05.2013, the second respondent was informed that although he was selected for the post of Trainee Assistant Loco Pilot in the pay band...


Aug 12 2016

M/s. Aarthi Transports Rep. by its Proprietor T. Marappan and Another ...

Court: Chennai

Decided on: Aug-12-2016

(Prayer: Petitions filed under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the tender notification bearing Tender No.3560/P1/2015/MKG.UNIT/2016-2018, on the file of the third respondent and quash the same as illegal.) Common Order: 1. As the issues involved in both the writ petitions are one and the same laying challenge to the impugned Notification, they have been taken up together and disposed of by way of a common order. 2. W.P.No.39386 of 2015 has been filed by a transporter, who was found ineligible to participate in the tender proceedings, in view of the bar stipulated under Clause 19 of the Tender document for hiring 132 Nos. of insulated vehicles qua the experience. The writ petition in W.P.No.39561 of 2015 has been filed by an enthusiastic public spirited auto mobile engineering graduate with the very same grievance. It appears that this petitioner has not filed any writ petition in public interest either prior to or after this wr...


Aug 12 2016

P. Singaram Vs. The Joint Registrar of Co-operative Societies, Trichir ...

Court: Chennai Madurai

Decided on: Aug-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 consider the petitioner's representation dated 27.02.2016, 28.07.2016 and revoke the order of suspension in the light of the circular issued by the Registrar of Co-operative Societies vide Circular No.9 of 2010 (Rc.No.106954/2009/CPI dated 22.02.2010)and reinstates him in service.) 1. Mr.P.Singaram, working as a Secretary in MM353 Balakurichi Primary Agricultural Co-operative Credit Society, Balakurichi, Marungapuri Taluk, Trichy District, has come to this Court for revoking his suspension in the light of the proceedings issued by the Registrar of Co-operative Societies vide Circular No.9 of 2010 (Rc.No.106954/2009/CPI dated 22.02.2010) and for reinstating him in service. 2. The case of the petitioner is that in view of a criminal case registered against him in Cr.No.2 of 2016, resulting in his arrest, the petitioner was placed under suspension...


Aug 12 2016

T. Rajasekar and Others Vs. State of Tamil Nadu, Rep by Drugs Inspecto ...

Court: Chennai

Decided on: Aug-12-2016

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.7088 of 2008 on the file of the XV Metropolitan Magistrate, George Town, Chennai and to quash the same.) 1. This Criminal Original Petition has been filed under Section 482 of Code of Criminal Procedure, 1973 seeking to quash the complaint in C.C.No.7088 of 2008 pending on the file of the XV Metropolitan Magistrate, George Town, Chennai. 2. It is averred in the petition that the petitioners are employees of M/s.HLL Lifecare Limited, a Government Company incorporated as a corporate entity under the Ministry of Health and Family Welfare of the Government of India and is engaged in the manufacture and marketing of contraceptives and various health care products as per approval under the Drugs and Cosmetics Act in Form 46. The Company introduced an emergency contraceptive pill in the year 2003. Though initially, it was required that the said product be sold only under the supervision and ...


Aug 12 2016

Subash Gandhi @ Subash Vs. The State of Tamil Nadu, rep.by the Inspect ...

Court: Chennai

Decided on: Aug-12-2016

(Prayer: Appeal against the judgment, dated 05.02.2016, made in S.C.No.2 of 2012 on the file of Sessions Court-II, Kancheepuram.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.2 of 2012 on the file of Sessions Court-II, Kancheepuram. He stood charged for the offences under Sections 302 and 380 IPC. By judgment, dated 05.02.2016, the trial Court convicted him for both the charges and sentenced him to undergo imprisonment for life and pay fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for six months for the offence under Section 302 IPC; and to undergo rigorous imprisonment for five years and pay fine of Rs.2,000/-, in default, to undergo rigorous imprisonment for three months for the offence under Section 380 IPC. Challenging the said conviction and sentence, he is before this Court with this appeal. 2. The case of the prosecution, in brief, is as follows : 2.1. P.W.1, Jayasree is a resident of Chinna Kancheepuram village. She married one Mr.Ananthapa...


Aug 12 2016

K. Balamurugan and Others Vs. The District Collector, Virudhunagar Dis ...

Court: Chennai Madurai

Decided on: Aug-12-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT OF MANDAMUS directing the respondent i.e the District Collector, Virudhunagar District, Virudhunagar to pass appropriate orders on the objection petitions preferred by the petitioners on 04.07.2016, 05.07.2016 and 08.07.2016 praying to refix their inter se-seniority between promote Assistants and directly recruited Assistants as per the provisions contained in Rule 30C Tamil Nadu Ministerial Service Rules, G.O.(Ms)No.349 P and AR Department, dated 12.04.1984, and G.O.(Ms)No.585 P and AR Department dated 12.04.1984, within a specified time frame.) 1. The petitioners herein seek for issuance of a Writ of Mandamus, directing the respondent/District Collector, Virudhunagar District, Virudhunagar, to pass appropriate orders on the objection petitions preferred by them on 04.07.2016, 05.07.2016 and 08.07.2016, praying to re-fix their inter-se seniority between Promotee Assistants and Direct...


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