Chennai Court August 2016 Judgments
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G.V. Vanitha and Others Vs. K. Dhanasekaran and Others
Court: Chennai
Decided on: Aug-11-2016
(Prayer: Civil Revision Petition filed under Section 25 of the Tamil Nadu Building (Lease and Rent Control) Act 1960 against the fair and decreetal order in R.C.A.No.40/2012 on the file of the Rent Control Appellate Authority cum Subordinate Court, Tambaram dated 17.07.2013 in reversing the fair and Decreetal order in E.A.S.R No.9486/2012 in E.P.No.36/2002 on the file of the Rent Controller cum District Munsif Court, Alandur dated 10.07.2012.) 1. The Civil Revision Petition arises against the judgment and decree passed in R.C.A.No. 40/2012, on the file of Rent Control Appellate Authority, Subordinate Court, Tambaram, reversing the fair and final order passed in an unnumbered E.A.S.R No.9486/2012 in E.P.No.36/2002 on the file of the Rent Controller cum District Munsif Court, Alandur. The petitioners are the landlords/decree holders and the respondents are third parties, who filed an application under Order 21 Rules 96 to 100 of Civil Procedure Code. 2. The respondents filed an unnumbere...
Ramkumar Vs. The Assistant Commissioner of Police Nungambakkam
Court: Chennai
Decided on: Aug-11-2016
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the order passed by the XIV Metropolitan Magistrate, Egmore (Allikulam), Chennai 600 003 dated 28.07.2016 made in M.P. No.2083 of 2016 is illegal.) 1. This Criminal Original Petition has been filed to set aside the order dated 28.07.2016 passed by the XIV Metropolitan Magistrate, Egmore (Allikulam), Chennai in M.P. No.2083 of 2016. 2. On 24.06.2016, around 6.40 a.m., one Swathi, who was standing in the Nungambakkam Railway Station, was done to death in connection with which, the Railway Police registered a case. Later, this case was transferred to the file of F-3 Nungambakkam Police Station and investigation is being done by the Assistant Commissioner of Police, Nungambakkam. 3.During the course of investigation, it transpired that the CCTV camera in a building near the Nungambakkam Railway Station had captured the video footage of a person whom the police suspect to be the assailant. In this connection, t...
Kulandai Servai Vs. Kulandai and Others
Court: Chennai Madurai
Decided on: Aug-11-2016
(Prayer: Second Appeal is filed under Section 100 of CPC., against the judgment and decree of Principal District Judge, Dindigul, in A.S.No.69 of 2000 dated 25.11.2003, confirming the judgment and decree in O.S.No.1580 of 1996 on the file of the II Additional District Munsif, Dindigul.) 1. The legal heirs of the plaintiff, who lost the legal battle before both the Courts below have come forward with this second appeal against the judgment and decree of Principal District Judge, Dindigul, in A.S.No.69 of 2000 dated 25.11.2003, confirming the judgment and decree in O.S.No.1580 of 1996 on the file of the II Additional District Munsif, Dindigul. 2. The father of the appellants 2 to 5, as plaintiff, filed a suit for declaration of title and injunction restraining the defendants not to interfere the peaceful possession and enjoyment of the suit property in new S.No.296/1 to the extent of 2 acres 59 cents, within the stated boundaries. The suit property is originally owned by one Duraisamy Se...
A.E. Ebrahim Middle School Vs. The District Elementary Educational Off ...
Court: Chennai Madurai
Decided on: Aug-11-2016
(Prayer: Writ Petition 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 impugned order of the first respondent made in O.Mu.No.2177/A2/2011 dated 27.11.2014 and quash the same and direct the respondents 1 and 2 to approve the appointment of Tmt.Zabeen A Wahab as Headmistress in the petitioner's A.E.Ebrahim Middle School from the date of appointment i.e., 20.09.2010 with all salary, backwages privileges and emoluments within such time as this Court direct and pass such further of other orders.) 1. The petitioner school seeks for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the first respondent made in O.Mu.No.2177/A2/2011 dated 27.11.2014 and quash the same and direct the respondents 1 and 2 to approve the appointment of Tmt.Zabeen A Wahab as Headmistress in the petitioner's A.E.Ebrahim Middle School from the date of appointment i.e...
K. Mathivanan and Others Vs. State Express Transport Corporation Ltd., ...
Court: Chennai Madurai
Decided on: Aug-11-2016
(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 Salary arrears in terms of settlement from 01.09.2013 to 31.10.2014, provident Fund, Social Security Scheme Amount, Refund of Institute of Road Transport contribution amount, Earned Leave Salary in terms of the Settlement 12(3) of the Industrial Disputes Act dated 13.04.2015 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 respondent 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 respondent 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 su...
V. Chokkalinga Chettiar (Deceased) and Others Vs. R. Srinivasa Naidu ( ...
Court: Chennai
Decided on: Aug-11-2016
(Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code against the order dated 25.10.2010 made in E.P.No.40 of 2009 in O.S.No.476 of 1996 on the file of District Munsif Court, Gudiyattam, Vellore District.) 1. The above Civil Revision Petition arises against the order passed in E.P.No.40/2009 in O.S.No.476/1996 on the file of the District Munsif Court, Gudiyattam. The legal representatives of the deceased judgment debtors are the petitioners 2 and 3. The legal representatives of the deceased decree holders are the respondents 2 to 8. 2. The deceased first respondent/plaintiff viz.,R. Srinivasa Naidu filed a suit in O.S.No.476/1996 on the file of the District Munsif Court, Gudiyatham for declaration and injunction. The trial court decreed the suit and the defendant V. Chockalinga Chettiar filed an appeal in A.S.No.20/2005 on the file of Subordinate Court, Gudiyatham and the lower appellate court also confirmed the judgment and decree of the trial court and ...
A. Gunasekar Vs. State through The Sub Inspector of Police, District C ...
Court: Chennai Madurai
Decided on: Aug-11-2016
(Prayer: Criminal Revision Petitions are filed, under Section 397 r/w 401 Cr.P.C., to call for the records relating to the orders dated 13.05.2015 made in Cr.M.P.Nos.3189 and 3190 of 2015 and orders dated 14.05.2015 made in Cr.M.P.Nos.3241 and 3242 of 2015 in Crime Nos.55 of 2012 and orders dated 14.05.2015 made in Cr.M.P.Nos.3243 of 2015 in Crime No.1 of 2013 and Cr.M.P.No.3245 of 2015 in Crime No. 55 of 2012 respectively on the file of Judicial Magistrate Court, Theni filed by the petitioner under Section 451 of Cr.P.C. and set aside the same in so far as conditions No.4 and 5 as illegal.) Common Order: 1. As these revisions are connected on factual matrix, they are tagged together, heard together and are being disposed of by this common order. 2. Several persons placing their faith on two Pawn Brokers viz. G.P. Gold and Tamil Gold have pledged their gold jewels with them and got money for interest. They were also issued with pawn tickets. These pawn brokers repledged the jewels with...
M. Kuppusamy Naicker and Others Vs. M. Mani and Others
Court: Chennai
Decided on: Aug-11-2016
(Prayer: This Appeal is preferred under Order XXXVI Rule 1 of O.S.Rules r/w Clause 15 of the Letters Patent Act against the order of this Court dated 2.9.2009 in T.O.S.No.35 of 2004.) A. Selvam, J. 1. This Original Side Appeal has been directed against the Judgment and Decree dated 2.9.2009 passed in Transfer Original Suit No.35 of 2004 by the learned Single Judge of this Court. 2. The deceased appellant herein, as plaintiff, has instituted T.O.S.No.35 of 2004 on the file of this Court, praying to give Letters of Administration in respect of the Will dated 24.5.1990, wherein the present respondents have been shown as defendants. 3. In the plaint, it is averred that the property in question is the absolute property of one Annammal, wife of Seetharama Naicker and she passed away on 25.7.1991. Before her demise, she has voluntarily executed a Will dated 24.5.1990 in favour of the plaintiff. Since the executant has passed away on 25.7.1991, the Will have come into effect. Under such circum...
R. Murugan Vs. State Rep. by the Inspector of Police, CBI/SCB, Chennai
Court: Chennai
Decided on: Aug-11-2016
(Prayer: Criminal Appeals filed under Section 374(2) of Cr.P.C. challenging the conviction and sentence imposed on the appellant by the learned I Additional Sessions Judge, Tiruvallur, in S.C.No.184 of 2011 dated 29.04.2015.) S. Nagamuthu, J. 1. The appellant, the sole Accused in S.C.No.184 of 2011 on the file of the learned I Additional Sessions Judge, Tiruvallur, who stands convicted for offence under Sections 302 and 307 of IPC and under Section 27 of The Arms Act, 1959 and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- in default to suffer simple imprisonment for a further period of six months for offence under Section 302 of IPC; and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for a further period of six months for offence under Section 307 of IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for ...
Petitioner Vs. Respondent
Court: Chennai Madurai
Decided on: Aug-11-2016
Nooty. Ramamohana Rao,J. 1. It is appropriate to notice that while entertaining W.P.Nos.8959 and 9025 of 1999, the Learned Single Judge, by his order dated 04.08.2008 allowed the writ petitions and quashed the impugned order of clarification furnished by the State Government. The matter was then carried in appeal by the State Government and W.A.Nos.1666 and 1667 of 2009 was heard by a Division Bench, on 15.11.2009 and by an order passed on that day, dismissed both the writ appeals, observing that they have become infructuous. But, however, the matter was again brought to the notice of this Court. Hence, the same Division Bench dealt with W.A.Nos.1666 and 1667 of 2009 on 18.11.2009 and by a detailed order passed therein, it was observed that the contents of G.O.Ms.No.175, Rural Development and Panchayat (E5) Department, dated 05.12.2006, under which, the Village Panchayat Employees on consolidated pay basis were brought to regular time scale of pay with effect from 19th February 2006 wa...
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