Chennai Court August 2016 Judgments
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M/s. CNCC Engineering Products Pvt. Ltd., Chennai rep by its Director ...
Court: Chennai
Decided on: Aug-11-2016
(Prayer: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act 18/1960 as amended by Act 23/1973 and Act 1/1980 against the order dated 07.02.2014 in I.A.No.33 of 2013 in the un-numbered R.C.A.(SR).No.4505 of 2013 on the file of the Subordinate Judge, Tambaram preferred against the eviction order passed in R.C.O.P.No.31 of 2011 on the file of the District Munsif, Alandur.) 1. Challenging the order passed in I.A.No.33 of 2013 in the un-numbered R.C.A.(SR).No.4505 of 2013 on the file of the Subordinate Court, Tambaram, the tenant has filed the above Civil Revision Petition. 2. The respondent/landlady filed R.C.O.P.No.31 of 2011 for eviction under Sections 10(2)(i), 10(2)(iii), 10(2)(v) and 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act (i.e.) willful default, act of waste, act of nuisance and own use and occupation. In the said Rent Control Original Petition, the landlady filed a petition in M.P.No.210 of 2011 unde...
The Board of Trustees of Chennai Port Trust, Rep. by its Chairman, Che ...
Court: Chennai
Decided on: Aug-11-2016
(Prayer: Original Side Appeal under Order XXXVI Rule 9 of Original Side Rules read with Section 37 of the Arbitration and Conciliation Act, 1996, to set aside the order, dated 11.01.2012 passed by this Court in O.P.No.457 of 2009.) P. Kalaiyarasan, J. This Original Side Appeal is directed against the order of the learned single Judge of this Court, dated 11.01.2012 passed in O.P.No.457 of 2009, under Section 37 of the Arbitration and Conciliation Act, 1996. 2. The facts leading to this appeal in brief are as follows : (i) The Government of India by Kerosene (Restriction on use and fixation of celling price) Order, 1993, introduced the parallel marketing system in respect of imported kerosene and furnace oil. The Chennai Port Trust (herein after referred to as "CPT"), the appellant herein called for tender by notification, dated 17.05.1995 for lease of about six acres of land inside the port area for creation of tankage facilities for storage of kerosene and furnace oil to be handled un...
Karthik Meyyappan and Others Vs. Sutha Devi and Another
Court: Chennai
Decided on: Aug-11-2016
(Prayer: Original Side Appeal preferred under Order XXXVI Rule 9 of O.S. Rules r/w Clause 15 of the Letters Patent against the order dated 06.04.2016 made in T.O.S.No.26 of 2014.) 1. Challenge in this Original Side Appeal is to the judgment and decree dated 06.04.2016, passed in T.O.S.No.26 of 2014, by the learned Single Judge of this Court. 2. The respondents herein, as plaintiffs, have filed T.O.S.No.26 of 2014, praying to grant Letters of Administration in respect of a Will dated 24.11.2008. During pendency of the same, on the side of the respondents/plaintiffs, an attempt has been made to examine P.W.1 to adduce evidence and also to mark the Will, dated 24.11.2008. The appellants/defendants have raised an objection with regard to marking of the Will, dated 24.11.2008, through P.W.1 and subsequently, a reference has been made to the learned Single Judge of this Court. 3. The learned Single Judge, after considering the rival contentions raised on either side, has disposed of the matt...
The Government of Tamil Nadu rep.by the Secretary to the Government Ru ...
Court: Chennai
Decided on: Aug-11-2016
Common Judgment: 1. These Writ Appeals are directed against the common order dated dated 25.11.2009 passed in W.P.Nos.41207 to 41210 of 2005 by the learned Single Judge of this Court. 2. The first respondent in all writ appeals, as petitioners, have separately filed W.P.Nos.41207 to 4120 of 2015 on the file of this Court under Article 226 of the Constitution of India, praying to give necessary direction to the respondents to absorb them in regular establishment in a permanent post with effect from the date of their appointment, wherein the present appellants have been shown as respondents. In all the writ petitions, it is averred that the petitioners have been appointed as full time Water Supply Assistants, but their services have not been regularized nor absorbed in regular establishment. Under the said circumstances, these writ petitions have been filed for getting the relief sought therein. 3. The learned Single Judge, after considering the divergent contentions put forth on either ...
Viji @ Vijaya Kumar Vs. State, represented by Inspector of Police, Che ...
Court: Chennai
Decided on: Aug-11-2016
(Prayer: Appeal against the judgment, dated 06.04.2011, made in S.C.No.289 of 2009 on the file of VI Additional Sessions Court, Chennai.) S. Nagamuthu, J. 1. The appellant is the first accused in S.C.No.289 of 2009 on the file of VI Additional Sessions Court, Chennai. The second accused was one Babu. They stood charged for the offence under Section 302 IPC. By judgment, dated 06.04.2011, the trial Court acquitted the second accused, but convicted the first accused alone for the offence under Section 302 IPC and sentenced him to undergo imprisonment for life and pay fine of Rs.50,000/-, in default, to undergo simple imprisonment for six months. The trial Court had directed that a sum of Rs.40,000/-out of Rs.50,000/- should be paid to P.W.3, as compensation. 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 Mr.Anbu. P.W.1 is his son in law. The...
C. Kannan Vs. The Secretary to Government, Home (Police II) Department ...
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 respondents to the post of Deputy Superintendent of Police on par with his juniors who were promoted vide G.O.Ms.No.598 Home (Police II) Department dated 02.07.2010 with all attendant benefits.) 1. Mr.C.Kannan, has come forward with this Writ Petition seeking for the issuance of a Writ of Mandamus directing the respondents to the post of Deputy Superintendent of Police on par with his juniors who were promoted vide G.O.Ms.No.598 Home (Police II) Department dated 02.07.2010 with all attendant benefits. 2. Learned counsel for the petitioner submitted that the disciplinary proceedings in P.R.No.28 of 2009, the action was dropped by the disciplinary authority, namely, Director Inspector General of Police, Trichy Range, by his proceedings No.B1/22/2010, dated 11.06.2010. Therefore, the petitioner should have been considered for promotion to the post of the Deputy ...
A. Krishnan and Others Vs. A. Ponnaiyan (Deceased) and Others
Court: Chennai
Decided on: Aug-11-2016
(Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code against the decree and judgment made in A.S.No.141 of 2005 on the file of Principal Subordinate Judge, Coimbatore dated 11.11.2005, confirming the judgment and decree made in O.S.No.493 of 2000 on the file of III Additional District Munsif, Coimbatore. Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 10.09.99 in A.S.No.44 of 1999 on the file of Principal District Judge, Coimbatore, reversing the judgment and decree dated 29.01.99 in O.S.No.359/1997 on the file of II Additional Subordinate Judge, Coimbatore.) Common Judgment: 1. The above Second Appeal arises against the judgment and decree passed in A.S.No.44 of 1999 on the file of Principal District Court, Coimbatore, reversing the judgment and decree passed in O.S.No.359/1997 on the file of II Additional Subordinate Court, Coimbatore. The appellants 3 to 11 are the legal representatives of the de...
P. PandithuraiPetitioner Vs. State represented by the Deputy Superinte ...
Court: Chennai
Decided on: Aug-11-2016
(Prayer: Criminal Original Petition filed under Section 407, Cr.P.C. to withdraw the case in Spl. S.C. No.19 of 2016 on the file of the Principal Sessions Court, Tiruppur and transfer the same to any other Sessions Court competent to hear the same.) 1. This Criminal Original Petition has been filed to withdraw the case in Spl. S.C. No.19 of 2016 on the file of the Principal District and Sessions Court, Tiruppur and transfer the same to any other Sessions Court competent to hear the same. 2. A gory incident took place in full public view in the afternoon of 13.03.2016 near the busy Central Bus Stand, Udumaplet, where, a Dalit boy was hacked to death for the sin of having married an upper caste Thevar girl. 3. The incident appears to have been captured in a video camera and it went viral in the social media shocking the collective conscience of the citizens. The police registered a case in Crime No.194 of 2016 and arrested 11 accused, including the parents of the Thevar girl and the alle...
Tenkasi Municipality through its Commissioner, Tenkasi Vs. Elavarasi a ...
Court: Chennai Madurai
Decided on: Aug-11-2016
(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgement and Decree dated 06.07.2004 made in O.S.No.442 of 2003, on the file of the Principal District Munsif Court, Tenkasi which was confirmed by the Judgment and Decree dated 24.06.2005, in A.S.No.118 of 2004, on the file of the Principal Subordinate Judge, Tenkasi.) Common Judgment: 1. The first defendant, who lost the legal battle before both the Courts below, has come forward with this Second Appeal challenging the Judgment and Decree dated 24.06.2005 passed in A.S.No.118 of 2004, on the file of the learned Principal Subordinate Judge, Tenkasi, by confirming the Judgment and Decree dated 06.07.2004, passed in O.S.No.442 of 2003, on the file of the learned District Munsif, Tenkasi. 2. Heard the learned counsel appearing for both sides and perused the materials available on record. 3. The respondents 1 to 4 as plaintiffs filed a suit in O.S.NO.442 of 2003, for declaration that the cancellati...
Madasamy and Others Vs. The Secretary to Government, Home, Prohibition ...
Court: Chennai Madurai
Decided on: Aug-11-2016
(Prayer in H.C.P.(MD)No.556 of 2016: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, calling for the entire records, connected with the detention order of the second respondent in No.23/BCDFGISSSV/2016, dated 21.04.2016 and quash the same and direct the respondents to produce the detenu, namely Madasamy, son of Muthupandi Thevar, aged about 35 years detained in Madurai Central Prison before this Court and set him at liberty forthwith. Prayer: in H.C.P.(MD)No.557 of 2016: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, calling for the entire records, connected with the detention order of the second respondent in No.21/BCDFGISSSV/2016, dated 18.04.2016 and quash the same and direct the respondents to produce the detenu, namely Pasumponpandian, son of Sevugapandian, aged about 50 years detained in Madurai Central Prison, before this Court and set him at liberty forthwith. Prayer...
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