Chennai Court January 2017 Judgments
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K. Mohanraj Vs. Venkatachalam and Others
Court: Chennai
Decided on: Jan-20-2017
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal order dated 14.08.2009 made in I.A.No.421 of 2009 in O.S.No.171 of 2008, on the file of the District Munsif Court, Tiruchengode. Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal order dated 18.02.2010 made in I.A.No.549 of 2009 in O.S.No.283 of 2008, on the file of the Principal District Munsif Court, Tiruchengode.) 1. Heard Mr.N.Manokaran, learned counsel appearing for the petitioner, Mr.P.Valliappan, learned counsel appearing for the respondents 1 and 2 and Mr.T.Jayaramaraj, learned counsel appearing for the respondents 4 to 7 in both CRPs. 2. It is seen from the records that the petitioner herein as Plaintiff filed a suit in O.S.No.283 of 2008 against the respondents herein before the Principal District Munsif Court, Thiruchencode for permanent injunction restraining the defendants, their subordinates from in ...
G. Kanniah Chetty (Died) and Another Vs. M/s. Sha Magajee Asaldas, Rep ...
Court: Chennai
Decided on: Jan-20-2017
(Prayer: This Second Appeal has been filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 09.01.2009 passed in A.S.No.437 of 2005 by the learned V Additional Judge, City Civil Court at Chennai by partly reversing the decree and judgment dated 09.12.2004 passed in O.S.No.1289 of 1994 by the learned III Assistant Judge, City Civil Court at Chennai.) Judgment: 1. The appellant is the landlord. The suit has been filed for permanent injunction against the tenant/respondent for misusing the passage rented exclusively for domestic purpose and from being used for commercial activities and for mandatory injunction to remove the lock put up by the defendant/tenant thereby preventing the landlord/plaintiff from using the passage. 2. The trial Court after considering the evidence let in by the respective parties decreed the suit as prayed for. Aggrieved by that, the defendant/tenant preferred appeal in A.S.No.437 of 2005 and in that appeal, the first appellate...
Subbaian Vs. Nanjundappan
Court: Chennai
Decided on: Jan-20-2017
1. Challenge in this second appeal is made by the plaintiff against the judgment and decree dated 31.01.2011 passed in A.S.No.34 of 2010 on the file of the Sub-Court, Sathiyamangalam, confirming the judgment and decree dated 27.04.2009 passed in O.S.No.95 of 2006 on the file of the District Munsif Court, Sathiyamangalam. 2. The suit has been laid by the plaintiff for a declaration that the recitals, with reference to the enjoyment of common share in Survey No.284/3 for Cart Track purpose, had been included in the sale deed dated 04.04.2006 executed by him in favour of the defendant without the consent of the plaintiff and without properly reading the sale deed and consequently, for permanent injunction. 3. The sale deed, in question i.e. dated 04.04.2006, has been marked as Ex.A2. A perusal of Ex.A2 would go to show that the plaintiff is not impugning the sale deed wholly as such and on the other hand, is challenging only the recitals as regards the above said sale deed with reference ...
Selvaraj and Others Vs. Uthirapathy and Others
Court: Chennai
Decided on: Jan-20-2017
(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the decree and judgment of the Additional Subordiante Judge, Nagapattinam passed in A.S.No.65 of 1997 dated 12.11.1997 reversing the decree and judgment of the District Munsif, Mannargudi passed in O.S.No.178 of 1996, dated 30.12.1996.) 1. The plaintiffs are the appellants herein. The suit is for declaration of right in respect of management and worship of Mariamman Temple situated at Periya Kuruvadi Village, Mannargudi Taluk. 2. The brief facts leading to the second appeal are as under:- In Periya Kuruvadi Village, there is a ancient Mariamman Temple worshiped by the villagers and administratered by caste Hindus. The plaintiffs five in number belonged to Harijans community of that village. When they demanded to participate in the administration of the temple, it was denied by the defendants. Therefore, the suit was filed seeking delcaration in respect of the right of the plaintiffs to participate in the...
Selvam @ Ganapathy Vs. State by Inspector of Police, Vadalur Police St ...
Court: Chennai
Decided on: Jan-20-2017
(Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C., against the judgment of the learned Additional District Judge, Magalir Neethimandram, Cuddalore in S.C.No.224 of 2012 dated 08th March 2013 convicting the appellant for offence U/s.376 r/w 511 IPC in which sentenced to undergo 3 years R.I. with fine Rs.500/- i/d to undergo further 6 months R.I. and convicted the offence U/s.506(ii) IPC sentenced to undergo 7 years R.I. with fine Rs.1000/- i/d to undergo further 2 years R.I.) 1. The appellant who is the sole accused in S.C.No.224 of 2012 on the file of Magalir Neethimandram, Cuddalore, faced trial for the offences under Section 376 r/w 511 and 506(ii) IPC. The trial Court by its judgment dated 08.03.2013 found guilty and convicted him to undergo imprisonment for a period of three years and to pay a fine of Rs.500/- in default to undergo 6 months Rigorous Imprisonment for the offence under Section 376 r/w 511 IPC; and to undergo imprisonment for seven years and to pay a fine...
Jayakumar Vs. The State rep. by The Inspector of Police, Thanjavur Sou ...
Court: Chennai Madurai
Decided on: Jan-20-2017
(Prayer: Criminal Revision Case is filed under Section 397 and 401 of Cr.P.C. to set aside the conviction and sentence imposed in Crl.A.No.33 of 2007 on the file of the 1st Additional District and Sessions Judge (PCR Act Cases), Thanjavur in C.C.No.803 of 2004 on the file of the Judicial Magistrate Court No.I, Thanjavur and acquit the revision petitioner.) 1. This criminal revision case is filed against the judgment dated 16.02.2008, in Criminal Appeal No.33 of 2007 passed by the learned I Additional District and Sessions Judge (PCR Act Cases), Thanjavur, whereby the lower appellate Judge modified the judgment, dated 03.02.2007 in C.C.No.803 of 2004 passed by the learned Judicial Magistrate No.I, Thanjavur. 2. The case of the prosecution is as follows:- PW-1 is the Headmaster of Allyya School and it was run by the trustees. In the Pari Educational Trust, A1 who was one of the Trustees, was the Chairperson. While so A1 had made certain corrections in the original Trust deed with regard ...
Suguna Vs. Kubendiran
Court: Chennai
Decided on: Jan-20-2017
(Prayer: Civil Miscellaneous Appeals are filed Under Section 19 of Family Court Act, to set aside the common fair and decretal order dated 17.08.2015 and made in O.P.Nos.2853 of 2007 and 1288 of 2003 respectively, on the file of the I Additional Family Court, Chennai.) T. Mathivanan, J. 1. These memorandums of Civil Miscellaneous Appeals have been directed against the common fair and decretal order dated 17.08.2015 and made in O.P.Nos.2853 of 2007 and 1288 of 2003 on the file of the learned I Additional Family Court at Chennai. 2. The appellant herein is the petitioner in O.P.No.1288 of 2003 which was filed by her under Section 9 of Hindu Marriage Act for restitution of conjugal rights. The respondent is none other than the husband of the appellant and he had also filed another petition in O.P.No.2853 of 2007 under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955 for dissolving their marriage which was solemnized on 23.09.1999 on the ground of cruelty and desertion. 3. The ...
P. Manonmani and Others Vs. The Secretary to Government, Home (Police ...
Court: Chennai
Decided on: Jan-20-2017
(Prayer: Petitions under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondents to fix the seniority of the respective petitioners based on the marks secured by them as per Rule 25(a) of the Special Rules for Police Subordinate Service, accord proper placement in 'A' list and consider their claim for inclusion of their names in the C list of Sub-Inspectors, fit for promotion as Inspector of Police for the year 2016-17 in the light of the representations made by the respective petitioners dated 21.11.2016, 18.11.2016, 21.11.2016 and 22.11.2016.) Common Order: 1. Learned counsel for the petitioners, in these writ petitions, is absent. 2. The petitioner in W.P. No. 1512 of 2017 would state that she joined Tamil Nadu Police Service as Woman Sub Inspector of Police, as per the orders of the 2nd respondent and after successful completion of training and probation, her name was included in the "A" List of Women Sub-Inspectors of Police with ...
C. Paramasamy Vs. The Principal Chief Conservator of Forests and Other ...
Court: Chennai Madurai
Decided on: Jan-20-2017
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari, calling for the records pertaining to the impugned proceedings of the 3rd respondent in Se.Mu.Aa.No.879/1999/M dated 27.02.2009, and quash the same. ) 1. The petitioner has filed this writ petition for the issuance of Writ of Certiorari to call for the records pertaining to the impugned proceedings of the 3rd respondent in Se.Mu.Aa.No.879/1999/M dated 27.02.1999 and quash the same. 2. The Petitioner has challenged the order of recovery of Rs. 84, 542/- from his salary on the ground that the impugned order is passed by violating the principles of natural justice. The petitioner was joined as Driver in the Forest Department on 21.09.1992. On 03.04.1997 when the petitioner was worked as Jeep Driver in the Forest Department, a motor cycle driven by a person in a race and negligence manner, dashed the stationed jeep and in the result two persons injured in the said accident. Thou...
M. Latha Vs. N. Rajeswari and Others
Court: Chennai
Decided on: Jan-20-2017
(Prayer: Civil Revision Petition is filed under Section 25 of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 against the fair and final order dated 01.08.2015 passed in R.C.A.No.23 of 2014 on the file of the Principal Subordinate Judge, Coimbatore (Appellate Authority) confirming the fair and decreetal order dated 04.09.2013 passed in R.C.O.P.No.83 of 2007 on the file of the Principal District Munsif, Coimbatore (Rent Controller).) 1. The present Civil Revision Petition has been filed challenging the fair and final order dated 01.08.2015 passed in R.C.A.No.23 of 2014 on the file of the Principal Subordinate Judge, Coimbatore (Appellate Authority) confirming the fair and decreetal order dated 04.09.2013 passed in R.C.O.P.No.83 of 2007 on the file of the Principal District Munsif, Co imbatore (Rent Controller). 2. The respondents 1 to 3 herein as petitioner/landlord has filed R.C.O.P.No.83 of 2007 on the file of the Principal District Munsif, Coimbatore for eviction on the groun...
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