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Chennai Court August 2016 Judgments

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Aug 04 2016

Chinnathambi Vs. State Rep. by the Inspector of Police D-4, R.K. Pet, ...

Court: Chennai

Decided on: Aug-04-2016

(Prayer: These Criminal Appeals have been preferred to set aside the conviction and sentence imposed vide judgment dated 27.04.2016 made in S.C.No.266 of 2014 on the file of the Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court) Tiruvallur, by allowing these appeals.) S. Nagamuthu, J. 1. The appellant in Crl.A.No.437 of 2016 is the first accused and the appellant in Crl.A.No.355 of 2016 is the 2nd accused in S.C.No.266 of 2014 on the file of the Magalir Neethi Mandram (Fast Track Mahila Court) Tiruvallur. They stood charged for offences under Sections 341 and 302 r/w 34 IPC. By judgment dated 27.04.2016, the Trial Court convicted them under both the charges and sentenced them to undergo simple imprisonment for one month and to pay a fine of Rs.500/- each in default to undergo simple imprisonment for one week for the offence under Section 341 IPC and to undergo imprisonment for life and to pay a fine of Rs.2000/- each in default to undergo simple imprisonment for four mont...


Aug 04 2016

P. Kanagaraj and Others Vs. The District Collector, Collectorate, Siva ...

Court: Chennai Madurai

Decided on: Aug-04-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to direct the respondents No.1 and 6 to permit the petitioners to live in their village namely, Peipahangan, Sivagangai Taluk, Sivagangai District and provide adequate police protection to the petitioners within a time stipulated by this Court.) 1. This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned communication vide C.No.117/DSP/EOW-II/MDU/2012 dated 18.07.2012 issued by the first respondent and quash the same and direct the 2nd respondent to register the document with regard to the S.No.114/1 in Puthiragoundampalayam and S.No.292/2A New S.No.432/6 in Aethappur Village, Athur Taluk, Salem District. 2. Heard the learned counsel for the petitioners and learned Govt. Advocate appearing for the respondents 1 to 6. 3. Though the petitioners have sought for issuing a Writ of Mandamus directing the respond...


Aug 03 2016

M. Anthoniammal Vs. The Accountant General (Accounts and Entitlements) ...

Court: Chennai

Decided on: Aug-03-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned orders i) PEN9/I/10901582/RTD/09.10/ADK/295 dated 01.04.2010, ii) Lr.No.AG (AandE) Legal Cell / W.P.20433/2010/1740/201833 dated 21.01.2011 and iii) PEN 9/III/20901582/RTD/10-11/ADK dated 27.01.2011 passed by the First Respondent herein and quash the said three impugned orders and further direct the First Respondent to accept the pension proposal of the petitioner based on the last pay drawn pay scale of Special Grade Middle School Head Master pay scale and award all the consequential benefits.) 1. The case of the petitioner is that she was initially appointed as B.T.Grade Middle School Head Master on 09.03.1973 in Government Adi Dravidar Welfare Middle School and served as a Middle School Head Master for 8 years. Thereafter, she was transferred and posted as B.T. Assistant in the same Middl...


Aug 03 2016

A. Rajan Vs. The Assistant General Manager (Law) Corporate Office, Leg ...

Court: Chennai Madurai

Decided on: Aug-03-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to defreeze the petitioner's bank account maintained with the 2nd respondent bank.) 1. Heard both sides. 2. Counter of Third Respondent is filed. 3. According to the Petitioner, while he was working as Reader in Commerce at T.B.M.L. College, Poraiyar, on 31.05.2007, he retired from service voluntarily. Later, he worked as Principal in RVS Arts and Science College, Karaikal and now he is the pensioner. Furthermore, all the Gratuity and commuted pension received after his retirement was deposited in 'Almighty Investment Solution', Karaikudi and 'Max-Pro Marketers Private Limited'. 4. The stand of the Petitioner is that his son's friend viz., Aramudhan requested him to help to invest his money in the same Company. Therefore, his son introduced Aramudhan to 'Max-Pro Marketers Private Limited' and 'Almighty Investment Solution' and enabled...


Aug 03 2016

Star Boxes India Private Limited Vs. The Assistant Commissioner (CT)

Court: Chennai

Decided on: Aug-03-2016

(Prayer: In all Writ Petitions: These Writ Petitions are filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus to call for the impugned proceedings of the respondent passed in TIN/33250541796/2008-09, 2009-10, 2010-11, 2011-12, 2012-13, 2013-14 and 2014-15, dated 12.07.2016 and quash the same, and further direct the respondent to redo the assessment on the above in accordance with law.) 1. Heard Mr.N.Murali, learned counsel appearing for the petitioner in all Writ Petitions and Mr.S.Kanmani Annamalai, learned Additional Government Pleader, accepting notice on behalf of respondent in all Writ Petitions. With the consent of the learned counsel on either side, these Writ Petitions are taken up for final disposal. 2. The petitioner-Company, which is a registered dealer under the provisions of the Tamil Nadu Value Added Tax, 2006 (hereinafter referred as "TNVAT Act") and Central Sales Tax Act, 1956 (hereinafter referred as "CST Act"), has filed ...


Aug 03 2016

J. Murugesan and Another Vs. State of Tamil Nadu, Represented by The D ...

Court: Chennai

Decided on: Aug-03-2016

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records and quash the proceedings against the petitioners/Accused Nos.9 and 10 in Calendar Case No.73 of 2011 on the file of the Special Court for trial of cases under the Prevention of Corruption Act, 1988, Chennai, as the same in abuse of process of law.) This Crl.O.P. is filed praying to call for the records and quash the proceedings against the petitioners/A-9 and A-10 in C.C.No.73 of 2011 on the file of the Special Court for trial of cases under the Prevention of Corruption Act, 1988, Chennai. 2. Brief facts which are necessary to decide the issue involved in this petition, are as follows: (a) The Government of Tamil Nadu, the Government of India and Swedish International Development Authority (SIDA) were providing funds for implementation of various schemes, of which, Integrated Child Development Service (ICDS) is one of such schemes introduced in 1975-76, intende...


Aug 03 2016

Nishanth @ Thambu Vs. State by Inspector of Police, Nilgiris

Court: Chennai

Decided on: Aug-03-2016

(Prayer: Appeal filed under Section 374 of the Code of Criminal Procedure against the judgment passed by the learned District Sessions Judge, Udhagamandalam, The Nilgiris in S.C.No.50 of 2014 dated 17.03.2016.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.50 of 2014 on the file of the learned District Sessions Judge, Udhagamandalam, The Nilgiris. He stood charged for offence under Section 302 I.P.C. By judgment dated 17.03.2016, the trial Court convicted him under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and pay a fine of Rs.2,000/- in default to undergo rigorous imprisonment for three months. 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 accused in this case, is a resident of Manjanakorai Burn Hill in Ooty. The deceased in this case also belongs to the same locality. On 01.07.2012, the accused and the deceased travelled in...


Aug 03 2016

Sivamani Vs. The Revenue Divisional Officer, Pudukkottai District and ...

Court: Chennai Madurai

Decided on: Aug-03-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the 1st respondent in his proceedings in O.Mu.2835/2014/A7 dated 16.12.2015 and quash the same as illegal consequently to direct the 1st Respondent to issue a certificate of 'Destitute Widow' to the petitioner.) 1. Heard both sides. 2. By consent, the main writ petition itself is taken up for final disposal. 3. No counter is filed on behalf of the respondents. 4. According to the petitioner, her husband was a tailor by profession and only through the income derived in the said profession, she, her husband and her son were eking out their livelihood. Apart from that, they have no other source of income. When that be the facts situation, on 18.03.2011, her husband died due to illness. Soon after the demise of her husband, herself and her son were neglected by their own relatives and in order to survive, she m...


Aug 03 2016

Richard John @ Raja @ Rangoon Raja and Another Vs. State rep. By Inspe ...

Court: Chennai

Decided on: Aug-03-2016

(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C., against the judgment of the learned VI Additional Sessions Judge, Chennai in S.C.No.125 of 2014 dated 24.03.2016.) S. Nagamuthu, J. 1. The appellants are A.1 and A.2 in S.C.No.125 of 2014, on the file of the learned VI Additional Sessions Judge, Chennai. They stood charged for offence under Section 302 r/w 34 I.P.C. By judgment dated 24.03.2016, the trial Court convicted him under Section 302 r/w 34 I.P.C., and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/- each in default to undergo simple imprisonment for three months. Challenging the said conviction and sentence, the appellants/A.1 and A.2 are before this Court with this appeal. 2. The case of the prosecution, in brief, is as follows:- There was a festival in the Church on the Badari Road, Thousand Lights, Chennai on 28.09.2013. In that festival, the deceased as well as the accused participated. There arose quarrel between them and during wh...


Aug 03 2016

Soumobroto Ganguly Vs. The Deputy Registrar of Companies Tamil Nadu

Court: Chennai

Decided on: Aug-03-2016

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in E.O.C.C. No.252 of 2015 on the file of the Additional Chief Metropolitan Magistrate, E.O. - I, Allikulam Moore Market, Chennai and quash the same insofar as the petitioner.) 1. This Criminal Original Petition is filed to call for the records in E.O.C.C. No.252 of 2015 on the file of the Additional Chief Metropolitan Magistrate Court, E.O. - I, Allikulam Moore Market, Chennai and quash the same insofar as the petitioner. 2. Heard both sides. 3. The Deputy Registrar of Companies has initiated prosecution in E.O.C.C. No.252 of 2015 before the Additional Chief Metropolitan Magistrate Court, E.O.-I, Egmore, Chennai 8 under Section 207(3)(b) of the Companies Act, 2013 (for brevity the New Act ) against five accused, challenging which Soumobroto Ganguly (A3) is before this Court. 4. It is the case of the complainant that the petitioner was a Director in Eduexel Infotainment...


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