Chennai Court September 2016 Judgments
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K.A. Alice Vs. K.A. Mary (Deceased) and Others
Court: Chennai
Decided on: Sep-21-2016
(Prayer: Petition filed under Sections 232 and 276 of the Indian Succession Act, XXXIX of 1925 read with Order XXV Rule 4 of Original Side Rules 1956, by the plaintiff praying for Letters of Administration with the will annexed may be granted to her having effect throughout the State of Tamil Nadu.) 1. The above Testamentary Original Suit is filed for issuance of Letters of Administration of the will dated 24.02.1997 which is annexed to the petition. The will was executed on 24.02.1997 by one K.V.Anthony. The testator died on 12.05.2000 leaving behind his wife, two daughters and three sons as his legal heirs. One of the daughters is the plaintiff. Though originally Original Petition was filed in view of the caveat filed by the first defendant, it was converted into the above Testamentary Original Suit. 2. The first defendant, who is the another daughter has filed written statement opposing the issuance of Letters of Administration. According to the first defendant, who is the sister of...
N. Sankar Vs. The Chairman-cum-Managing Director, Tamilnadu Electricit ...
Court: Chennai
Decided on: Sep-21-2016
(Prayer: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamusto call for the entire records pertaining to the impugned order passed by the 2nd respondent herein vide his proceedings in Ka.No.0220481/485/Ni.P.3/Oo.2/Ko. Varisuveli dated 03.09.2015 and quash the same as illegal, arbitrary; unreasonable being violative of the rules and principles of natural justice.) 1. With the consent of both sides, the main writ petition itself is taken up for final disposal. 2. The petitioner has come up with the present writ petition for a certiorarified mandamus, to call for the entire records pertaining to the impugned order passed by the 2nd respondent vide proceedings in Ka.No.0220481/485/Ni.P.3/Oo.2/Ko. Varisuveli dated 03.09.2015 and to quash the same as illegal, arbitrary, unreasonable being violative of the rules and principles of natural justice. 3. It is the case of the petitioner that father of the petitioner was working...
S. Panneerammal and Others Vs. Ravichandran
Court: Chennai Madurai
Decided on: Sep-21-2016
(Prayer: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Act 18/1960) as amended by Act 23/1973 and Act 1 of 1980) against the judgment and decree dated 01.10.2009 and made in R.C.A.No.5 of 2007 on the file of the Subordinate Judge, Srivilliputur in reversing the fair and final order dated 05.03.2007 and made in R.C.O.P.No.3 of 2005 on the file of the Rent Controller (Principal District Munsif), Srivilliputtur. 1. The judgment and decree dated 01.10.2009 and made in the Rent Control Appeal in R.C.A.No.5 of 2007 on the file of the learned Subordinate Judge, Srivilliputur are under challenge in this memorandum of Civil Revision. The revision petitioners herein are the landlords, whereas the respondent is the tenant. 2. For easy reference and also for the sake of convenience, the revision petitioners and the respondents may herein after be referred to as the petitioner and the respondent, wherever the context so require. 3. Or...
Nehru Vidhyasalai Hr. Sec. School Vs. The Secretary to Government, Edu ...
Court: Chennai Madurai
Decided on: Sep-21-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the fourth respondent to receive the proposal dated 12.08.2016 to be sent by the petitioner school for the approval of the appointment of the B.T.Assistant (Science) namely Mrs.Abirami Sundari and to consider and pass orders of approval in the light of the orders passed by the Division Bench of this Court in W.A.No.213 of 2016 Batch, dated 24.08.2016 within stipulated time as may be fixed by this Court.) 1. This writ petition has been filed for issuance of a Writ of Mandamus, directing the fourth respondent to receive the proposal dated 12.08.2016 sent by the petitioner school for the approval of the appointment of the B.T.Assistant (Science), namely, Mrs.Abirami Sundari and to consider and pass orders of approval in the light of the orders, passed by the Division Bench of this Court in W.A.No.213 of 2016 Batch, dated 24.08.2016, within the time to be stipulated ...
Dravida Munnetra Kazhagam rep. by its Organisation Secretary R.S. Bhar ...
Court: Chennai
Decided on: Sep-21-2016
(Prayers: W.P. No.23411 of 2016 has been filed praying this Court to issue a writ of Declaration declaring the impugned amendment Acts, viz., The Tamil Nadu Municipal Laws (Second Amendment) Act, 2016 and The Tamil Nadu Panchayats (Second Amendment) Act, 2016, as unconstitutional, ultra vires the Constitution of India and consequentially direct respondents 2, 4 and 5 to conduct the Urban and Rural Local Bodies Election 2016 based on the delimitation of wards to be made based on 2011 census with corresponding reservation to Women, Scheduled Caste and Scheduled Tribe in the respective posts of Chairpersons, Councillors and Members of the respective local bodies. W.P. No.23417 of 2016 has been filed praying this Court to issue a writ of mandamus directing respondents 1 to 3 to take necessary and appropriate steps for compulsory usage of Electronic Voting Machines by the 4th respondent in the election for all posts of Rural Local Bodies besides Urban Local Bodies in the State of Tamil Nadu...
R. Gopalakrishnan Vs. K. Lakshmi
Court: Chennai
Decided on: Sep-21-2016
(Prayer: Criminal Revision Case filed under Section 397 r/w. 401 of the Code of Criminal Procedure, against the order passed in F.C.M.C.No.104 of 2014, dated 23.09.2015 by the Chief Judicial Magistrate Court, and the same was transferred before the I Additional District and Sessions Family Court, Vellore.) 1. This Criminal Revision Case is directed against the order dated 23.09.2015 passed by the learned Judge of the Family Court, Vellore, in F.C.M.C.No.104 of 2014. 2. The facts leading to the present petition is that the revision petitioner and the respondent are the husband and wife and their marriage took place on 07.07.1995. Since the revision petitioner has not maintained his wife, the respondent/wife has filed a petition in F.C.M.C.No.104 of 2014 before the trial Court seeking maintenance of Rs.7,000/- per month. The trial Court, after considering the arguments made on either side, directed the respondent therein/revision petitioner to pay a sum of Rs.2,400/- per month towards ma...
Nambirajan and Others Vs. Muthukumar and Others
Court: Chennai Madurai
Decided on: Sep-21-2016
(Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908, to set aside the Judgment and Decree dated 24.02.2014 made in A.S.No.8 of 2012 on the file of the Principal District Judge Court, Tirunelveli, reversing the Decree and Judgment in O.S.No.131 of 2007 dated 30.08.2010 on the file of the Subordinate Judge, Valliyoor.) 1. The defendants 1 to 7 in the suit in O.S.No.131 of 2007 on the file of the Subordinate Judge, Valliyoor, are the appellants in the above second appeal. 2. The first respondent in the appeal filed a suit for partition of his 1/4th share in the suit schedule properties. The suit properties are described in two items. The first item is having an extent of 99 cents of lands in Survey No.852/19 in Ervadi Village, Nanguneri Taluk, Tirunelveli District. The second item is also a land measuring an extent of 1 Acre 74 cents in Survey in 854/2B in Ervadi Village, Nanguneri Taluk, Tirunelveli District. 3. The case of the plaintiffs, as set out in...
S. Kuppa Bai Vs. Saraswathy and Others
Court: Chennai
Decided on: Sep-21-2016
K. Ravichandrabaabu, J. 1. The appellant is the plaintiff in a suit for declaration of her right and title to the suit property and for delivery of possession of the same. 2. The case of the plaintiff is as follows:- The suit property was jointly purchased by the plaintiff's father, Kuppuswamy Naidu and his elder brother Ramaswamy Naidu under two registered Sale Deeds dated 4.11.1930 and 14.9.1935. She is the only legal heir of her parents. Her paternal uncle, viz., P. Ramaswamy Naidu died in the year 1979 and his wife, Pankajammal died in the year 1984 leaving no issues for them to inherit the property left by the said Ramaswamy Naidu. The plaintiff, apart from having right over the half share of the suit property as the legal heir of Kuppuswamy Naidu, is also entitled for the remaining half share, as the reversioner of the said Ramaswamy Naidu and Pankajammal. Her maternal uncle, viz., the first defendant managed the suit properties, as the plaintiff and her family members were resid...
Jambuveni Vs. Leelavathy and Others
Court: Chennai
Decided on: Sep-21-2016
(Prayer: This Appeal is preferred under Order XXXVI Rule 11 of O.S.Rules r/w Clause 15 of the Letters Patent Act against the order of this Court dated 9.2.2015 in C.S.Diary No.31735 of 2014.) A. Selvam, J. 1. This Original Side Appeal has been directed against the rejection order dated 9.2.2015 passed in C.S.Diary No.31735 of 2014 by the learned Single Judge of this Court. 2. The material averments made in the plaint filed in C.S.Diary No.31735 of 2014 may be summarized as follows: The first defendant herein, as plaintiff, has instituted O.S.No.32 of 1986 on the file of Small Causes Court, Chennai, praying to pass a decree of eviction, wherein the present plaintiff and defendants 2 to 6 have been arrayed as defendants. The said suit has been decreed as prayed for, on 22.9.2003 and the same has been challenged in Civil Revision Petition (NPD) No.1961 of 2012 on the file of this Court and the same has also been dismissed. Against the order passed in C.R.P.(NPD) No.1961 of 2012, the first...
United Chemicals, through Partner S. Hussian Nijamudeen Vs. A.S.M. Moh ...
Court: Chennai
Decided on: Sep-21-2016
(Prayer: Appeal filed under Clause 15 of Letters Patent against the order dated 03.12.1997 made in W.P.No.2272 of 1988 on the file of this Court.) Sanjay Kishan Kaul, CJ. 1. This appeal has been preferred by the appellant against the order of the learned Single Judge in W.P.No.2272 of 1988, dated 03.12.1997, quashing the proceedings of the Wakf Board dt. 30.1.1988. 2. The facts leading to the filing of the writ appeal is as follows:- (a) An extent of 4 acres and 22 cents of lands comprised in R.S.No.569/A and T.S.No.3424 of Keela Veeraraghavaapuram village, Melapalaiyam Taluk was endowed by Anam Mohamed Meeran Mohideen Tharaganar, Anam Sheik Madar Tharaganar and Anam Kasim Tharaganar to conduct the Lighting Charity for Nagoor Shahul Hameed Andavar Pallivasal Lighting Charities Wakf and Anam Mohamed Meera Mohideen Tharaganar was appointed as first Muthavalli. The said wakf property was partitioned into two halves vide deed of partition dated 24.2.1947 and arrangements were made to conti...
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