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Chennai Court August 2016 Judgments

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Aug 12 2016

M/s. Brakes India Ltd., and Another Vs. M/s. BIC Logistics Ltd., Chenn ...

Court: Chennai

Decided on: Aug-12-2016

(Prayer: This Appeal is preferred under Order XXXVI Rule (II) of O.S.Rules r/w Clause 15 of the Letters Patent Act against the order of this Court dated 26.2.2010 in C.S.No.546 of of 2006.) A. Selvam, J. 1. This Original Side Appeal is directed against the judgment and decree dated 26.2.2010 passed in C.S.No.546 of 2006 by the learned Single Judge of this Court. 2. The appellants herein, as plaintiffs, have instituted C.S.No.546 of 2006 on the file of this Court, praying to pass a money decree, wherein the present respondent has been shown as sole defendant. 3. In the plaint, it is averred that the first plaintiff has entrusted certain automobile spare parts to the defendant, who is a public carrier within the meaning of Carriers Act, 1865 at Polambakkam, Cheyyar Taluk, Tamil Nadu. The same has to be transported to M/s.M.V.Axles Ltd, Jamshedpur. The goods have been insured by the first plaintiff with the second plaintiff (insurer). The goods have not been received by the consignee and ...


Aug 12 2016

Petitioner Vs. Respondents

Court: Chennai

Decided on: Aug-12-2016

1. A.No.4391 of 2015 has been filed by the applicants/ defendants 1 to 17 seeking to reject the plaint in C.S.No.334 of 2015. 2. Heard Mr.R.Parthasarathy, learned counsel appearing for the applicants/defendants 1 to 17 and Mr.R.Thiagarajan, learned counsel appearing for respondents 1 to 7/plaintiffs. 3. For the sake of brevity, the plaintiffs and the defendants in C.S.No.334 of 2015 are arrayed as such. 4. Analysis of background facts are in need to understand the case. 4.1. The suit properties originally belonged to late Haji Mohamed Abdul Azeez, who died in the year 1945. He had two wives viz., late Fathima Bi(first wife) and late Mahaboob Bi(second wife). Fathima Bi had a son and daughter by name late Abdul Khader and Ansar Bi, predeceased Fathima Bi. The respondents 1 to 7/plaintiffs are the legal heirs of late Abdul Khader. 4.2. Late Mahaboob Bi had two sons and three daughters. One daughter late Mariam Bi predeceased her. The defendants 1 to 17, who are applicants herein, are the...


Aug 12 2016

Pandiammal Vs. The District Collector, Sivagangai District and Another

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 grant widow pension under Indira Gandhi National Old-age pension scheme to the petitioner on the basis of the petitioner's representation dated 27.07.2016.) 1. The petitioner has come forward with this Writ Petition to grant widow pension under Indira Gandhi National Old-age pension scheme to the petitioner on the basis of the petitioner's representation dated 27.07.2016. 2. Mr.S. Kumar, learned Additional Government Pleader takes notice for the respondents. 3. By consent, this Writ Petition is taken up for final disposal. 4. In view of the limited prayer sought for in this Writ Petition, the respondents are directed to consider the representation of the petitioner, dated 27.07.2016, on merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. 5. With the above...


Aug 12 2016

The Board of Trustee of Chennai Port Trust, Chennai Vs. M/s. Chennai C ...

Court: Chennai

Decided on: Aug-12-2016

(Prayer: Original Side Appeal under Order XXXVI Rule 9 of Original Side Rules read with Clause 15 of the Letters Patent, against the order, dated 09.06.2008 made in O.P.No.535 of 2006.) P. Kalaiyarasan, J. 1. This Original Side Appeal is directed against the order of the learned single Judge, dated 09.06.2008 made in O.P.No.535 of 2006, dismissing the Original Petition against the Arbitral Award. 2. The brief facts as to the dispute between the parties are as follows : (i) The Government of India took a policy decision to privatise some of the operations of the port. Tenders were invited in November 1997 to take over, maintain, manage and operate the existing Chennai Container Terminal for 30 years under revenue sharing basis. The Ministry issued non-negotiable conditions for the tenders on 20.04.2000. PandO Ports Australia made a successful bid. It formed a special purpose vehicle called Chennai Container Terminal Private Ltd., (CCTPL). The Chennai Port Trust (ChPT) and CCTPL entered ...


Aug 12 2016

L. Raju Vs. M.P. Kandasamy

Court: Chennai

Decided on: Aug-12-2016

(Prayer: Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C., praying to call for the records and set aside the judgment in C.A.No.17 of 2006 on the file of Sessions Judge of the Nilgiris at Udhagamandalam by its order dated 10.01.2007.) G. Chockalingam, J 1. When the matter came up before this Court on 12.08.2016, there was no representation for the petitioner. Hence, it was adjourned today i.e., 11.08.2016 under the caption 'for dismissal'. Even today, there is no representation for the petitioner. Hence, this Criminal Revision Petition is dismissed for non prosecution....


Aug 12 2016

G. Krishnamoorthy Vs. The Tashildar, Taluk Office, Nilakkottai and Oth ...

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 second respondent to dispose of the appeal in Na.Ka.No.7024/2014/A4 dated 27.07.2014 preferred by the petitioner.) 1. The petitioner has come forward with this Writ Petition for a direction to dispose of his Appeal, dated 27.07.2014, pending on the file of the second respondent. 2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents. 3. By consent, this Writ Petition is taken up for final disposal. 4. In view of the limited prayer sought for in this Writ Petition, the second respondent is directed to consider the Appeal of the petitioner, dated 27.07.2014, on merits and in accordance with law and pass appropriate orders, after giving an opportunity to the interested parties, within a period of eight weeks from the date of receipt of a copy of this Order. 5. With the above direction, this Writ Petition stands disposed of. No cost...


Aug 12 2016

Viswam Vs. State, rep.by The Inspector of Police, Sivagangai

Court: Chennai Madurai

Decided on: Aug-12-2016

(Prayer: Petition is filed under Section 407 Cr.P.C., to withdraw and transfer C.C.No.29 of 2014, pending on the file of learned Special Court under Prevention of Corruption Act, Sivagangai, to the file of the learned Special Court under Prevention of Corruption Act, Chennai.) 1. Viswam / sole accused in C.C.No.29 of 2014, on the file of the learned Special Judge under Prevention of Corruption Act, Sivagangai, seeks transfer of the said Calender Case from Sivagangai to any other Court under the Prevention of Corruption Act in Chennai. 2. The petitioner is being prosecuted in the said case before the said Court for his alleged commission of certain offences under the said Act. 3. According to the learned counsel for the petitioner, the petitioner is aged, now he is in Poonamallee near Chennai, for every hearing he is travelling for about 1000 kms., to attend the hearing in the said Court in Sivagangai, which causes him much mental agony, expenses and hardship. He is not interested in dr...


Aug 12 2016

S. Claiment Vs. The Revenue Divisional Officer Madurantakam Taluk Madu ...

Court: Chennai

Decided on: Aug-12-2016

(Prayer: The writ petition is filed seeking for a Writ of Mandamus, directing the second respondent to comply with the order, dated 11.6.2009 passed by this Court, in W.P.No.2050 of 2009, directing him to consider and dispose of the petitioner's representation, dated 30.08.2008, requesting him for the assignment of the Meyakkal Poramboke land comprised in S.No.475/2C, situated at Sagaya Nagar, Bhudur Village, Madurantakam Taluk, Kancheepuram, in exchange of his patta land comprised in S.NO.266/1B, situated at Sagaya Nagar, Essur Village, Madurantakan Taluk, Kancheepuram. Prayer: The writ petition is filed seeking for a Writ of Mandamus, directing the first and the second respondents to consider and pass orders on the representation of the petitioner, dated 8.9.2014 requesting to assign the Meyakkal Poramboke land measuring 20 cents comprised in S.No.507 at Sagaya Nagar, Bhudur Village, Madurantakam Taluk, Kancheepuram, in exchange of his patta land comprised in S.No.479/3A, having an e...


Aug 12 2016

Dhinesh and Others Vs. The District Collector, Ramanathapuram District ...

Court: Chennai Madurai

Decided on: Aug-12-2016

(Prayer in all W.Ps: 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 proceedings T.U.Na.Ka.No.10 of 2016 dated 04.07.2016 on the file of the third respondent, quash the same and direct the third respondent to hand over the shop No.19, 14 and 10 respectively to the petitioners without further deposit amount.) Common Order: 1. The petitioners have filed the present writ petitions, challenging the proceedings of the third respondent in T.U.Na.Ka.No.10 of 2016, dated 04.07.2016, and they seek for consequential direction to the third respondent to hand over shop Nos.19, 14 and 10 respectively, to the petitioners without insisting upon further deposit amount. 2. Today, when the matter is taken for hearing, learned counsel for the petitioners, taking advantage of the fact that the third respondent has failed to mention the condition to deposit six months rental advance, in the Not...


Aug 12 2016

R. Makendran Vs. The Superintendent of Police, Ramanathapuram District ...

Court: Chennai Madurai

Decided on: Aug-12-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents herein to give permission and protection for conducting Aadal Padal Orchestra Programme on 16.08.2016 in connection with Arulmigu Mega Kaliamman Temple, Eththi Street, (Opp.J.J.Car Parking), Rameswaram, Ramanathapuram District, based on the petitioner's representation dated 08.08.2016 and 10.08.2016 respectively.) 1. The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to give permission and protection for conducting Aadal Aadal Orchestra Programme on 16.08.2016 in connection with Arulmigu Mega Kaliamman Temple, Eththi Street, (Opp.J.J.Car Parking) Rameshwaram, Ramanathapuram District, based on the petitioner's representation dated 08.08.2016 and 10.08.2016 respectively. 2. Mr.S.Chandrasekar, learned Government Advocate, takes notice for the respondents. By consent, the writ petition itself is taken up for...


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