Chennai Court September 2016 Judgments
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State of Tamil Nadu, by Principal Secretary, Micro, Small and Medium E ...
Court: Chennai Madurai
Decided on: Sep-01-2016
C.T. Selvam, J. 1. Challenging the order of learned Single Judge dated 24.09.2014,passed in W.P.(MD) No.3291 of 2013, this Writ Appeal has been filed. 2. Before the Writ Court, it was the contention of first respondent/ petitioner that he was appointed as Junior Assistant in the Industries and Commerce Department on 01.09.1983 on compassionate grounds. He was declared as an approved probationer on 04.09.1985. He was promoted as Assistant on 10.05.1994 and thereafter as Superintendent on 28.03.2002. He now is working as Assistant Director of Industries and Commerce with effect from 12.09.2008 and is due to be promoted as a Deputy Director, in the usual course as he stands next to one Gopal, in seniority. After his appointment on 01.09.1983, the Tamil Nadu Public Service Commission (hereinafter referred to as 'TNPSC') conducted examinations in the month of November, 1983, for the post of Junior Assistants/Typists. Respondents 2 to 6/respondents 5 to 9 have been regularised in their posts...
S. Ganesan Vs. The Secretary to Government, Health Department and Othe ...
Court: Chennai Madurai
Decided on: Sep-01-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to pay Rupees Fifty Lakhs (Rs.50,00,000/-) compensation to the petitioner, the petitioner's son and daughter for the death of the petitioner's wife Rukmani, who died on 04.05.2012 consequent to provide Nitrous Oxide instead of given oxygen in respondent No.3 hospital to the petitioner's wife at the time of conducting family plainning operation on 19.03.2011.) INTRODUCTION: 1. The Medical Officers of Government Nagercoil Medical College Hospital administered Nitrous Oxide instead of medical oxygen to the wife of the petitioner, while she was admitted there for vasectomy, resulting in developing neurological complaints and her ultimate death in a coma condition. The deceased suffered physically and mentally for a period of 411 days in various hospitals including Madurai Government Rajaji Hospital and Christian Medical College Hospital, Vell...
Lalitha Vs. The Deputy Registrar of Cooperative Society(Housing), Vann ...
Court: Chennai Madurai
Decided on: Sep-01-2016
(Prayer :Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari calling for the records pertaining to the auction notice of the second respondent dated 13.8.2016 in respect of the house property of the Petitioner comprised in R.S.No.C-8-11-3B in Old.S.No.2420-A, Kannakode Desaom, Nalloor Village, Kanyakumari District measuring an extent of 9 cents to be held on 2.9.2016 and to quash the same.) 1. Mr.T.R.Janarthanam, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself. 2. One Lalitha, wife of Natarajan, challenging the auction notice, dated 13.08.2016 proposing to bring her property in public auction for non-payment of loan amount, has come to this Court with the present Writ Petition. 3. The learned counsel for the Petitioner is unable to even mention what is the loan amount borrowed in the society, ho...
Indian Bank, Rep. by its Branch Manager, Guindy Branch, Chennai Vs. Ta ...
Court: Chennai
Decided on: Sep-01-2016
(Prayer: Original Side Appeal filed under Clause 15 of the Letters Patent read with Order XXXVI Rule 1 of Original Side Rules against the Judgment and Decree, dated 12.12.2008 made in C.S.No.650 of 1999.) P. Kalaiyarasan, J. 1. This Original Side Appeal is directed against Judgment and Decree, dated 12.12.2008 of the learned single Judge in C.S.No.650 of 1999, decreeing the suit for recovery of money and also damages of Rs.1,00,000/-. 2. The plaint averments are as follows : (i) The plaintiff is a company registered under the Companies Act, 1956 and is owned by the Government of Tamil Nadu. The plaintiff had placed orders with the third respondent, M/s. Paul Leibinger GmbH and Co., KG, Germany for supply of numbering machines for printing machinery and spare parts, for the value of DM 64053 about Indian currency value of Rs.16.00 lakhs. A Letter of Indent was placed on 30.04.1999 in accordance with the proforma invoice sent by the foreign supplier. (ii) The plaintiff made an applicatio...
S. Ramalakshmi Vs. The State of Tamil Nadu, represented by the Additio ...
Court: Chennai Madurai
Decided on: Sep-01-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned G.O.Ms.No.181, School Education(C2) Department, dated 15.11.2011, on the file of the first respondent and the consequential order passed by the fourth respondent in A.Thi.Mu.Ka.No.561/AA2/16, dated 12.8.2016 and to quash the both insofar as the Petitioner is concerned and directing the respondents to approve the appointment of the Petitioner as Secondary Grade Teacher in the fifth respondent school from 1.7.2016.) 1. Mr.Mohammed Mohideen, learned Additional Government Pleader, takes notice for the respondents and by consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. The Petitioner herein was appointed as Secondary Grade Teacher on 01.07.2016 in Jonny Middle School, Kumbikulam, Tirunelveli District, against the vacancy caused by promotion given to one Mrs.Selvarani as...
R. Muralidharan Vs. The Secretary Ministry of Law and Justice and Othe ...
Court: Chennai
Decided on: Sep-01-2016
(Prayer: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus to call for the records relating to the impugned notice of the fourth respondent bearing No.CG/Public notice/PO/2012/15, dated 2.7.2012, quash the same and consequently direct the respondents to allow the amendment of original application while entering PCT (Patent Co-operation Treaty) National Phase Application in India as per Articles and Regulations prescribed under the PCT (Patent Co-operation Treaty). 1. The petitioner, who is stated to be an Advocate, Law Teacher, Mediator and Registered Patent, seeks to assail the impugned notice dated 2.7.2012 with a direction to the respondents to allow the amendment of original application while entering Patent Co-operation Treaty (PCT) National Phase Application in India as per Articles and Regulations prescribed under the PCT. 2. The public notice deals with filing of PCT National Phase Applications in India and is stated to ha...
The Superintending Engineer and Another Vs. K.A. Thomas and Another
Court: Chennai Madurai
Decided on: Sep-01-2016
(Praye: Civil Miscellaneous Appeal filed under Section 37(1) of Arbitration and Conciliation Act, 1996, against the judgment of learned Principal District Judge, Thoothukudi, passed in A.R.O.P.No.65 of 2007 on 11.08.2014.) Civil Miscellaneous Appeal filed under Section 37(1) of Arbitration and Conciliation Act, 1996, against the judgment of learned Principal District Judge, Thoothukudi, passed in A.R.O.P.Nos.65 of 2007 and 221 of 2004 on 11.08.2014.) Common Judgment C.T. Selvam, J. 1. These appeals challenge the judgment of learned Principal District Judge, Thoothukudi, passed in A.R.O.P.Nos.65 of 2007 and 221 of 2004 on 11.08.2014. 2. These appeals arise out of disputes between appellants and first respondents over work allotted to first respondents. Contracts there regards provide for arbitration. Insofar as C.M.A.(MD) No.1285 of 2014 is concerned, initial agreement was in respect of work referred to as package No.TAMMC- 6 for a sum of Rs.1,30,18,700/- and in respect of C.M.A.(MD) No...
K. Nagarathinam and Others Vs. State by, The Inspector of Police, Coim ...
Court: Chennai
Decided on: Sep-01-2016
(Prayer: Appeals filed u/s.374 Cr.P.C., against the Judgment of conviction and sentence passed by the learned I Additional District and Sessions Judge, Coimbatore, made in S.C.No.57 of 2011, dated 25.04.2016.) Common Judgment S. Nagamuthu, J. 1. The appellants are the accused 1 to 3 in S.C.No.57 of 2011 on the file of the learned I Additional District and Sessions Judge, Coimbatore. They stood charged for offences under Sections 364 and 302 of IPC. By judgment dated 25.04.2016, the trial court convicted all the three accused under both the charges and sentenced them to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.5,000/- each, in default, to undergo simple imprisonment for 3 months for the offence under Section 364 of IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- each, in default, to undergo simple imprisonment for 6 months for the offence under Section 302 of IPC. Challenging the said conviction and sentence, the appellants ar...
Gurunathan Vs. The State Information Commissioner
Court: Chennai Madurai
Decided on: Sep-01-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to provide necessary information under Right to Information Act, 2005, to the Petitioner by considering his Appeal Petition, dated 18.08.2016, within a time limit fixed by this Court.) 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 Respondents. 4. According to the Petitioner, he had projected an Appeal, on 19.04.2016, before the First Respondent and the same is pending. Further, on 18.08.2016, the Petitioner had filed a fresh Appeal Petition, before the First Respondent and the same is still pending. 5. At this stage, it comes to be known that the Petitioner had projected an earlier occasion W.P.(MD)No.15061 of 2016, before this Court and the same was dismissed as withdrawn, on 17.08.2016. 6. Considering the fact that the Petitioner's Appeal, dated 1...
The Tuticorin Salt and Marine Chemicals Ltd., Vs. The Tariff Authority ...
Court: Chennai
Decided on: Sep-01-2016
(Prayer in W.P.No.41444 of 2002: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records of the first respondent in Case No.T.A.M.P./34/2001/TPT and quash the order dated 27.08.2002 passed by the first respondent. W.P.No.25104 of 2016: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records of the tender notification issued by the 3rd respondent on 20.06.2016 in Tender cum e-Auction Notice No.EST-3/2016-17, No.E(C)56/02/2004-EST and quash the same.) Common Order: 1. Facts leading to the filing of these writ petitions are intertwined. Therefore, both the writ petitions are disposed of by this common order. W.P.No.41444 of 2002 2.1. The deponent of the affidavit is the Managing Director of the petitioner Company and he would state among other things that the petitioner Company is a Public Limited Company incorporated under the pro...