Chennai Court September 2016 Judgments
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Atomic Energy Employees Association Rep. by its General Secretary, C.U ...
Court: Chennai
Decided on: Sep-14-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking an order to issue a writ of certiorarified mandamus, calling for the records relating to the order, dated 11.07.2014 passed in O.A.No.1492 of 2011 by the Central Administrative Tribunal, Chennai, quash the same and onsequently, direct the third respondent to grant pay fixation under FR 22 (I) (a) (1) to the employees of the third respondent, who were promoted between 01.01.2006 and 31.12.2008.) P. Kalaiyarasan, J. 1. This writ petition has been filed under Article 226 of the Constitution of India, seeking to issue an order in the nature of writ of certiorarified mandamus, calling for the records relating to the order, dated 11.07.2014 passed in O.A.No.1492 of 2011 by the Central Administrative Tribunal (Chennai Bench) and quash the same and consequently direct the authorities to grant pay fixation under FR 22 (I) (a) (1) to the employees. 2. The facts of the case in nutshell are as follows : (i) The th...
M/s. Sumeet Synthetics, Represented by its Authorized Signatory Vs. De ...
Court: Chennai
Decided on: Sep-14-2016
(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the second respondent culminating in his impugned proceedings bearing Sl.No.FDS-2017/DC/ 001 dated 04.08.2016 issued in respect of the Tender for supply of 60sC Dyed Cotton Warp Yarn for production of Polycot Saress and Dhoties under cost-free distribution of Sarees and Dhoties Scheme Pongal 2017 declaring the Petitioner as ineligible for opening of Cover B (Price Bid), quash the same and direct the 1st and 2nd respondents to open and consider the Petitioner's Cover B (Price Bid) and thereafter determine the award of the said Tender in accordance with law.) 1. This Writ petition has been filed by the petitioner challenging the order dated 04.08.2016 passed by the second respondent declaring them as ineligible in respect of opening of Cover B (Price Bid), quash the same and direct the 1st and 2nd respondents to open and consider the Petitioner's Co...
Medical Council of India Represented by its Director New Delhi Vs. Sri ...
Court: Chennai
Decided on: Sep-14-2016
Judgment: A. Selvam, J. 1. This writ appeal has been directed against the order dated 27-07-2011 passed in W.P. No. 16688 of 2011 by the learned Single Judge of this Court. 2. The respondent herein as petitioner has filed W.P.No.16688 of 2011 on the file of this Court under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the communication bearing No.MCI No.34(MC)/2010-TN-34 dated 23-06-2011 and quash the same wherein the present appellant has been shown as respondent. 3. The appellant herein has sent a communcation to the Director of Medical Education, Tamil Nadu wherein it is stated that, "in the light of the aforesaid decision of the competent authority, you are requested to reduce the admission in the Management quota in respect of Sri Muthukumaran Medical College, Hospital and Research Institute, Chennai during the academic year 2011-12 and increase allocation of free seats in Government Quota during the academic ye...
The Oriental Insurance Co.Ltd. Vs. R. Mahendran and Another
Court: Chennai
Decided on: Sep-14-2016
(Prayer: Memorandum of Grounds of Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 23.06.2009 made in M.C.O.P.No.123 of 2008 on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Fast Track Court No.2, Ranipet.) 1. M/s Oriental Insurance Company Limited, Vellore, having suffered the impugned award at the hands of the Motor Accidents Claims Tribunal, Additional District Judge, Fast Track Court No.2, Ranipet in M.C.O.P.No.123 of 2008 dated 23.6.2009 awarding a sum of Rs.55,186/-, as against the claim of Rs.3,00,000/-, with interest at the rate of 6% per annum from the date of claim petition till the date of decree, has brought this appeal, on the sole ground that the Tribunal has wrongly saddled the liability on the part of the appellant insurance company, when there was no valid insurance policy on the date of accident i.e., on 17.8.2005. Adding further, the learned counsel for the appellant submitte...
Thangamariammal Vs. Padmavathi and Others
Court: Chennai Madurai
Decided on: Sep-12-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree passed in A.S.No.235 of 2004 on the file of the Additional Sub Court, Dindigul, dated 28.07.2005 confirming the judgment and decree passed in O.S.No. 244 of 1994 on the file of the District Munsif Court, Nilakottai, dated 29.04.2003.) 1. The defendant in the suit in O.S.No.244 of 1994 on the file of the District Munsif Court, Nilakottai, is the appellant in this Second Appeal. The first respondent in this Second Appeal is the second plaintiff in O.S.No.244 of 1994. The first plaintiff is her husband. Since the first plaintiff died during the pendency of the suit, the respondents 2 to 4 herein were impleaded as plaintiffs 3 to 5 in the suit. The suit in O.S.No.244 of 1994 is for a declaration that the suit 'AB' wall exclusively belongs to the plaintiffs and consequently, for permanent injunction restraining the appellant herein namely the defendant in the suit from in any way causing ...
Annadurai Vs. The Deputy Superintendent of Police, CBCID, Chennai and ...
Court: Chennai
Decided on: Sep-12-2016
(Prayer: Criminal Revision Petition filed under Section 397 r/w 401 of Cr. P.C. to set aside the order dated 04.07.2015 made in Crl.MP.No.18930 of 2014 in SC.No.230 of 2014 passed by the learned Principal Sessions Judge, Chennai.) 1. The Criminal revision is directed against the order passed by the learned Principal Sessions Judge, Chennai made in Crl.MP.No.18930 of 2014 in SC.No.230 of 2014 dated 04.07.2015, dismissing the discharge petition filed by the petitioner. 2. The learned counsel for the petitioner would contend that the learned Principal Sessions Judge failed to appreciate the fact that the inordinate delay in lodging the complaint is fatal to the prosecution and also continuation of the criminal proceedings against the petitioner is nothing but an abuse of process of law. Section 294(b) was added only in the final report which do not find place in the FIR. There is no ingredients available in the records for the offence under Section 4 of the Dowry Prohibition Act. Section ...
M/s.Shana Auto Laser Pvt. Ltd. Vs. The Presiding Officer Debts Recover ...
Court: Chennai
Decided on: Sep-12-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus, calling for the records culminated in the impugned order dated 31.5.2016 made in M.A.No.22 of 2016 in S.A.No.297 of 2015 of the 1st respondent and quash the same and consequently, direct the 1st respondent to take up S.A.No.297 of 2015 on file and dispose of the same on merits.) S. Manikumar, J. 1. Challenge in this writ petition is to an order made in M.A.No.22 of 2016 in S.A.No.297 of 2015. Demand notice dated 28.2.2015 demanding a sum of Rs.2,40,65,758/- issued under Section 13(2) of the SARFAESI Act, 2002 and possession notice dated 25.6.2015 issued under Section 13(4) of the SARFAESI Act, 2002 have been challenged in S.A.No.297 of 2015, by the petitioner. 2. On 24.7.2015, the DRT-III, Chennai, was pleased to grant interim stay of all further proceedings pursuant to the possession notice dated 25.6.2015, subject to the condition that the petitioner remitting a su...
R. Indirajith Vs. The Chairman, Law Admissions 2016-2017, The Tamil Na ...
Court: Chennai
Decided on: Sep-12-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to India for the issuance of a Writ of Certiorarified Mandamus, calling for records relating to the order of the respondent dated 29.08.2016 as published in the website stating the remarks as ''SSLC/HSC Private'', to quash the same and to consequently direct the respondent to allow the petitioner to join and complete the three years LL.B., Degree Course.) 1. By consent, the Writ Petition itself is taken up for hearing. 2. The Writ Petition is filed, challenging the order of the respondent dated 29.08.2016 as published in the website stating the remarks as ''SSLC/HSC Private'' and to quash the same and to consequently, direct the respondent to allow the petitioner to join and complete the three years LL.B., Degree Course. 3. When the matter was taken up for hearing, The Secretary, Bar Council of India, 21, Rouse Avenue, Institutional Area, New Delhi-110 002 and The Secretary, Bar Council of Tamil Nadu, Bar Co...
Union of India Rep. by the General Manager Southern Railway Madurai an ...
Court: Chennai
Decided on: Sep-12-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ ofCertiorarified Mandamus to call for the records on the file of the 2nd respondent in order dated13.7.2015 made in O.A.No.310/00281/2014 and O.A.No.866 of 2013 as far as Original Application No.281 of 2014 and quash the same.) A. Selvam, J. 1. This Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order dated 13.7.2015 passed in Original Application No.281 of 2014 by the Central Administrative Tribunal, Madras Bench and quash the same. 2. The first respondent, as applicant, has filed Original Application No.281 of 2014 on the file of the Central Administrative Tribunal, Madras Bench, wherein the present writ petitioners have been shown as respondents. 3. In O.A.No.281 of2014, it is averred that the applicant is the second wife of the deceased L. Somu, who served as Seni...
Royal Sundaram Alliance Insurance Company Ltd., Vs. V. Sasikala and Ot ...
Court: Chennai
Decided on: Sep-12-2016
(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment, dated 03.03.2016, made in M.C.O.P.No.145 of 2010, on the file of the Motor Accident Claims Tribunal (Sub Court), Attur.) S. Manikumar, J. 1. Civil Miscellaneous Appeal is directed against the order of the Motor Accident Claims Tribunal (Sub Court), Attur, dated 03.03.2016 made in M.C.O.P.No.145 of 2010, by which, the Tribunal, fixing negligence on the driver of the lorry, bearing Registration No.KA 01 D 1086, insured with the appellant-Insurance Company, awarded compensation of Rs.13,06,500/- with interest, at the rate of 7.5% per annum, from the date of claim, till the date of realisation. 2. Though several grounds have been raised, Mr.S.Manohar, learned counsel appearing for the appellant restricted his argument, only to the finding, fixing negligence on the owner-cum-driver of the lorry, bearing Registration No.KA 01 D 1086, insured with the appellant-Insu...