Chennai Court January 2017 Judgments
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K. Pankajam Vs. The District Collector, Salem District and Others
Court: Chennai
Decided on: Jan-11-2017
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents 4 to 7 herein, their subordinates, men and agents, from in any manner forming a road in the patta lands of the petitioner measuring an extent of 80 cents situated in S.No. 661/6B of Devanagoundanoor Village, Kuppanoor Post, Sankari Taluk, Salem District except by due process of law and pass further orders.) Order: 1. This writ petition has been filed seeking to forbear the respondents 4 to 7 herein, their subordinates, men and agents, from in any manner, forming a road in the patta lands of the petitioner measuring an extent of 80 cents, situated in S.No. 661/6B of Devanagoundanoor Village, Kuppanoor Post, Sankari Taluk, Salem District except by due process of law. 2. Learned counsel for the petitioner would submit that the petitioner is the absolute owner of the subject property, purchased vide a registered sale deed dated 13.03.1989 and sh...
National Insurance Company Limited, Karur by its Senior Branch Manager ...
Court: Chennai Madurai
Decided on: Jan-11-2017
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 29.11.2013, made in M.C.O.P.No.436 of 2011, by the Motor Accident Claims Tribunal - cum ? Principal District Judge, Karur.) 1. This Civil Miscellaneous Appeal has been preferred by the appellant-Insurance Company against the fixing of liability on the driver of the bus insured with the appellant-Insurance Company and awarding a sum of Rs.10,35,000/- (Rupees Ten Lakhs and Thirty Five Thousand only) for the death of one K.Rajendran, aged about 35 years, a lorry driver and an agriculturalist, earning about Rs.8,000/- (Rupees Eight Thousand only), in the accident occurred on 01.03.2011, when he was riding his two wheeler from south to north, which was hit by the bus driven in a rash and negligent manner coming from north to south side. 2. Heard the learned Counsel for the appellant-Insurance Company. 3. It is submitted by the learned Counsel for the appellant-Insurance Company tha...
J. Kannan Vs. The Managing Director, Tamilnadu Transport Corporation, ...
Court: Chennai Madurai
Decided on: Jan-11-2017
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus by calling for the records pertaining to the order of the 1st respondent in his TNSTC/Madurai/P.F8/C.R.11179 Dated 27.02.2012 quash the same as illegal and consequence thereof directing the 2nd respondent to pay pension benefit to the petitioner.) 1. The prayer in the writ petition is for a Writ of Certiorarified Mandamus by calling for the records pertaining to the order of the 1st respondent in his TNSTC/Madurai/P.F8/C.R.11179 Dated 27.02.2012 quash the same as illegal and consequence thereof directing the 2nd respondent to pay pension benefit to the petitioner. 2. The case of the petitioner is that he joined in service as Conductor at the respondent Corporation on 27.11.1983. He was removed from service within the probation period and has been reinstated on 26.07.1985, pursuant to the settlement arrived under Section 18(1) of Industrial Disputes Act. Thereafte...
Dr. David Raja Bose and Others Vs. R. Issac Robi and Others
Court: Chennai Madurai
Decided on: Jan-11-2017
(Prayer: in C.R.P.(MD)No.2378/2016.: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 07.10.2016, made in I.A.No.369 of 2016 in O.S.No.9 of 2016 on the file of the Principal Subordinate Court, Nagercoil, Kanyakumari District. Prayer: in C.R.P.(MD)No.2435/2016.: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 07.10.2016, made in I.A.No.368 of 2016 in I.A.No.26 of 2016 in O.S.No.9 of 2016 on the file of the Principal Subordinate Court, Nagercoil, Kanyakumari District.) Common Order: 1. These Civil Revision Petitions have been filed to set aside the fair and decretal order, dated 07.10.2016, made in I.A.Nos.369 and 368 of 2016 in O.S.No.9 of 2016, on the file of the Principal Subordinate Court, Nagercoil, Kanyakumari District. 2. Since the issues involved in both the Civil Revision Petitions are one and the same, they are heard together and disposed of by this common order. 3. Facts ...
S. Elberthammal Vs. The State of Tamil Nadu, Rep by its Secretary to G ...
Court: Chennai Madurai
Decided on: Jan-11-2017
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records on the files of the 4th respondent pertaining to its order bearing Athi.Mu.No.7446/A2/12 dated 19.12.2012 and to quash the same and consequently direct the respondent to regularize the service of the petitioner as Junior Assistant with effect from 02.07.2012 by considering the proposal resubmitted on 24.05.2016 and to disburse all the monetary benefits consequent to the same from the date of appointment.) Order: 1. This writ petition has been filed, seeking to quash the order of the 4th respondent passed in Athi.Mu.No.7446/A2/12, dated 19.12.2012, vide which, the 4th respondent has returned the proposal of the 5th respondent school, to re-submit the same along with original educational certificate, prior approval from the Director of School Education of the previous candidate, relieving order endorsed by the District Educational ...
A. Manju and Another Vs. Union of India Owning Southern Railway rep. b ...
Court: Chennai
Decided on: Jan-11-2017
(Prayer: This Writ Petition is filed under Article 227 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records relating to the orders dated 1.11.2016 of the 5th respondent Tribunal made in OA Nos. 310/1409 and 310/1410 of 2016 respectively and quash the same as being erroneous illegal and unjust and allow the prayer of the petitioners.) Common Order: V. Parthiban, J. 1. Aggrieved by the order, dated 1.11.2016 of the 5th respondent, Central Administrative Tribunal (in short, 'the Tribunal') in O.A.Nos. 310/1409 and 310/1410 of 2016 respectively, the petitioners have come forward with the present Writ Petitions. 2. The petitioners approached the Tribunal, for the following prayer: "To set aside the order No.M/C 415/DAR/62/2016 dated 28.3.2016 read with Order No.M/C 415/DAR/62/2016 dated 02.05.2016 both issued by the 2nd respondent and the order No.C415/Misc./Dev/DAR/2016 dated 26.08.2016 issued by the 3rd respondent as being illegal, arbitrary, u...
M/s. Jeevan Buy N. Save, Rep. by its Proprietrix, Ashok Nagar, Chennai ...
Court: Chennai
Decided on: Jan-11-2017
(Prayer: in W.P.No.32566 of 2016 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari, or any appropriate writ or direction, to call for the records of the VAT audit report of the third respondent and quash the same is illegal and VAT audit report of the Enforcement Wing dated 30.04.2015, is against the law as laid down by statute under Section 64(4) of the TNVAT Act and pass such further or other order or orders. Prayers: in W.P.Nos.32641 to 32645 of 2016 : Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records of the proceedings of the third respondent in TIN33591403260/2010-11 (W.P.No.32641/2016), TIN33591403260 /2011-12 (W.P.No.32642/2016), TIN33591403260/2012-13 (W.P. No.32643/2016), TIN33591403260/2013-14 (W.P.No.32644/2016) and TIN33591403260/2014-15 (W.P.No.32645/2016), dated 10.08.2016 and quash this order passed th...
Reliance General Insurance Company Limited Vs. M. Santhi and Others
Court: Chennai Madurai
Decided on: Jan-11-2017
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 12.03.2015, made in M.C.O.P.No.2059 of 2012, by the Motor Accident Claims Tribunal - cum VI Additional District Judge, Madurai.) This Civil Miscellaneous Appeal has been filed by the appellant-Insurance Company against the award of Rs.14,26,500/- (Rupees Fourteen Lakhs Twenty Six Thousand and Five Hundred only) for the death of one M.Ravikumar, aged about 19 years, First Year B.Sc., (Maths) student, in the accident occurred on 02.05.2012, when he was riding his bicycle on Madurai Dindigul Main Road in the east-west direction, the bus owned by the fourth respondent herein insured with the appellant-Insurance Company driven in a rash and negligent manner came behind and hit the bicycle causing the accident. 2. Heard Mrs.K.R.Shiva Shankari, learned Counsel appearing on behalf of Mr.S.Srinivasa Raghavan, learned Counsel for the appellant-Insurance Company and Mr.M.Sarangan, learne...
Saroja (died) and Others Vs. P. Subbiah (died) and Others
Court: Chennai
Decided on: Jan-11-2017
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 15.09.2009 passed in A.S.No.14 of 2008 on the file of Sub Court, Ponneri reversing the judgment and decree dated 28.09.2007 passed in O.S.No.384 of 1996 on the file of the District Munsif, Ponneri.) 1. The defendants in this second appeal have impugned the judgment and decree dated 15.09.2009 passed in A.S.No.14 of 2008 on the file of the Sub Court, Ponneri, reversing the judgment and decree dated 28.09.2007 passed in O.S.No.384 of 1996 on the file of the District Munsif Court, Ponneri. 2. The second appeal has been admitted and the following substantial question of law is formulated for consideration in this second appeal. Whether the judgment and decree of the Courts below are based upon perverse findings and misdirected against the evidence on record. 3. The suit has been laid by the plaintiff for declaration and possession. 4. According to the plaintiff, the suit proper...
Antony Joseph Anand Vs. Williams James and Others
Court: Chennai
Decided on: Jan-11-2017
(Prayer: Original Petition No 583 of 1993 was filed under Sections 232 and 276 of Indian Succession Act, XXXIX of 1925 for the grant of letters of Administration. Against this petition a Caveat was filed on by the Caveators As per order of this Court, the Original Petition No.19 of 2004 was converted into Testamentary Original Suit No.25 of 2010.) 1. The petition originally filed for the grant of Letters of Administration has been converted as suit in view of the caveat filed by the defendants herein. 2. The brief facts of the case of the plaintiffs are as follows:- The case of the plaintiffs is that one Nicholas, uncle of the plaintiff died as a bachelor on 08.06.2001. The said Nicholas executed a Will dated 09.04.2001 bequeathing his property in favour of the plaintiff and the defendants 1, 4, 5 and 8. Hence, the plaintiff seeks letters of Administration. 3. The brief facts of the case of the 12thth defendant and adopted by the defendants 10, 11, 13 to 15 are as follows:- The defenda...
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