Chennai Court January 2017 Judgments
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Suresh @ Pallu Suresh Vs. State Rep. By its Inspector of Police, N.1 R ...
Court: Chennai
Decided on: Jan-10-2017
(Prayer: Criminal Appeal filed under Section 378 Cr.P.C., praying to call for the records in S.C.No.221 of 2012 on the file of the Learned III Additional Sessions Judge, Chennai and set aside the order dated 24.02.2012.) 1. The Appellant/Accused has filed the instant Criminal Appeal (as an aggrieved person) as against the Judgment dated 24.02.2014 in S.C.No.221 of 2012 passed by the Learned III Additional Sessions Judge, Chennai. Preface: 2. The Learned III Additional Sessions Judge, Chennai, while passing the impugned Judgment on 24.02.2014 in S.C.No.221 of 2012, at paragraph 20, had observed the following: 20.P.W.1 in his evidence would depose that on 28.01.2012 at about 9.30 P.M. by standing in front of his house, which actually belonged to P.W.2, the accused came there and abused him in filthy words as njtoah igah and uttering as cd;id Fj;jp bfhiy gz;zpdhy; jhd; and subsequently stabbed over his right chest. There is no evidence to hold that the accused wrongfully restrained P.W.1 ...
Maragathammal and Others Vs. M. Kandasamy (deceased) and Others
Court: Chennai
Decided on: Jan-09-2017
(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the decree and judgment dated 04.03.1996 in A.S.No.2 of 1986 on the file of the Court of the Principal District Judge of Periyar District at Erode, reversing the judgment and decree dated 31.10.1985 in O.S.No.40 of 1983 on the file of the Court of the Subordiante Judge, Dharapuram.) 1. The defendants in the suit are the appellants before this Court. This appeal is directed against the reversing judgment of the first appellate Court in the suit filed for declaration, title and possession. Whiel the trial Court dismissed the suit, the first appeal was allowed and the suit was decreed by the first appellate Court. 2. The parties are described as per their rank and status shown in the original suit. 3. The brief facts leading to the second appeal are as follows: As per plaint, the plaintiff has purchased the suit property on 28.08.1962 from one T.R.Rajaraman and he is in possession and enjoyment of the same....
S. Thulasirajan Vs. Marcus Fredrick Lazaro
Court: Chennai
Decided on: Jan-09-2017
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree of the Subordinate Court, Tambaram dated 16.07.2010 and made in A.S.No.18 of 2008 confirming the judgment and decree of the District Munsif Court dated 08.02.2008 in O.S.No.108/2005.) 1. Challenge in this second appeal is made by the plaintiff against the judgment and decree dated 16.07.2010 made in A.S.No.18 of 2008 on the file of the Subordinate Court, Tambaram, confirming the judgment and decree dated 08.02.2008 made in O.S.No.108 of 2005 on the file of the District Munsif Court, Alandur. 2. The suit has been laid by the plaintiff for recovery of money. 3. As per the case of the plaintiff, the defendant, in the month of October, 2003, borrowed a sum of Rs.46,000/- from him for developing his business and in evidence thereof, executed a promissory note and agreed to repay a sum of Rs.10,000/- by September, 2004 and the remaining balance by December, 2004 in the presence of two w...
C. Boopathy Vs. State by The Inspector of Police, Pollachi Taluk Polic ...
Court: Chennai
Decided on: Jan-09-2017
(Prayer: Appeal filed u/s.374 Cr.P.C., against the Judgment of conviction and sentence passed by the learned Special Sessions Judge, Bomb Blast Court, Coimbatore, made in S.C.No.286 of 2013, dated 18.12.2014.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.286 of 2013 on the file of the learned Special Sessions Judge, Bomb Blast Court, Coimbatore. He stood charged for offences under Sections 302 and 309 of IPC. By judgment dated 18.12.2014, the trial court convicted him under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for 3 months for the offence under Section 302 of IPC and sentenced him to pay a fine of Rs.500/-, in default, to undergo rigorous imprisonment for one month for the offence under Section 309 of IPC. Challenging the said conviction and sentence, the appellant is before this Court with this Criminal Appeal. 2. The case of the prosecution in brief is as fo...
B. Sukumar Vs. Sekar
Court: Chennai
Decided on: Jan-09-2017
(Prayer: This Memorandum of Second Appeal is filed under Section 100 of Civil Procedure Code against the Judgment and decree dated 18.12.2009 passed in A.S.No.694 of 2007 on the file of the V Additional Judge, City Civil Court, Chennai partially confirming the judgment and decree dated 18.07.2007 passed in O.S.No.8233 of 2006 on the file of the XII Assistant Judge (i/o) XVIII Assitant Judge, City Civil Court, Chennai.) 1. Challenge in this second appeal is made by the defendant against the Judgment and decree dated 18.12.2009 passed in A.S.No.694 of 2007 on the file of the V Additional Judge, City Civil Court, Chennai partially confirming the judgment and decree dated 18.07.2007 passed in O.S.No.8233 of 2006 on the file of the XII Assistant Judge (i/o) XVIII Assistant Judge, City Civil Court, Chennai. 2. The second appeal has been admitted and the following substantial questions of are formulated for consideration: (i) Can, any co-sharer of an undivided Hindu joint family property, cla...
D. Kuppan and Another Vs. Pappammal and Another
Court: Chennai
Decided on: Jan-09-2017
(Prayers: S.A.No.1166 of 2005: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree dated 06.01.2004 passed in A.S.No.25 of 2002 by the learned Additional District Judge, Fast Track Court No.IV, Poonamallee, confirming the decree and judgment dated 26.04.2002 passed in O.S.No.53 of 2000 by the learned District Munsif Court, Ambattur. Cross Objection No.19 of 2010: This Cross Objection filed under Order 41, Rule 22 of the Civil Procedure Code praying to allow this cross objection and modify the decree as 5/9 shares in the entire property holding that the suit property was the self acquired property of the father of the cross objection petitioner including the share of the 1st plaintiff divested upon the 2nd plaintiff or if this Court confirms that the property is a joint family property, this Court may be pleased to modify the decree 5/9 shares in the entire property including the interest of the mother of this cross objection petitioner, willed ...
T. Chandrasekaran Vs. Jayalakshmi Ammal (deceased) and Others
Court: Chennai
Decided on: Jan-09-2017
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code against the Judgment and Decree dated 23.12.2010 made in A.S.No.11 of 2010 on the file of the Subordinate Judge, Ginjee, confirming the judgment and decree dated 23.12.2009 made in O.S.No.150 of 2001 on the file of the Additional District Munsif, Ginjee.) 1. Challenge in this Second Appeal is made by the plaintiff against the judgment and decree dated 23.12.2010 made in A.S.No.11 of 2010 on the file of the Subordinate Judge, Ginjee, confirming the judgment and decree dated 23.12.2009 made in O.S.No.150 of 2001 on the file of the Additional District Munsif Court, Ginjee. 2. The suit has been laid by the plaintiff for declaration and permanent injunction. 3. The Second Appeal has been admitted and the following substantial question of law is formulated for consideration in this Second Appeal :- "Whether the courts below have rendered a perverse finding that the settlement deed dated 17.06.1992 (17.07.1996) produced as...
Kathirvel Vs. Purushothaman
Court: Chennai
Decided on: Jan-09-2017
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 03.11.2009 made in A.S.No.35 of 2009, on the file of the Fast Track Court II, Tindivanam, confirming the judgment and decree dated 27.08.2008 made in O.S.No.267 of 2006, on the file of the Principal District Munsif Court, Tindivanam.) 1. Challenge in this second appeal is made by the plaintiff against the judgment and decree dated 03.11.2009 made in A.S.No.35 of 2009 on the file of the Fast Tract Court No.II, Tindivanam confirming the judgment and decree dated 27.08.2008 made in O.S.No.267 of 2006 on the file of the Principal District Munsif Court, Tindivanam. 2. The suit has been laid by the plaintiff for recovery of money on the basis of the promissory note. 3. According to the plaintiff, the defendant borrowed a sum of Rs.50,000/- from him on 08.04.2002 and in evidence thereof, executed a suit promissory note promising to repay the said amount with interest at the rate of...
V.K. Rajan Vs. The District Collector, Kancheepuram and Another
Court: Chennai
Decided on: Jan-09-2017
(Prayer: Writ Appeal under Clause 15 of the Letters Patent against the order, dated 01.12.2016, made in W.P.No.42112 of 2016, on the file of this Court.) Nooty.Ramamohana Rao, J. 1. This Writ Appeal is preferred by the writ petitioner, whose petition, seeking a writ of mandamus to direct the respondents to assign five cents of land, situate in S.No.171, Malayampakkam Village, Sriperumpudur Taluk, Kancheepuram District, which is said to be in his possession and enjoyment, has been dismissed by a learned single Judge of this Court. 2. The facts, as narrated, are ; the land in question, measuring five cents, lying in Survey No.171 of Malayampakkam Village, Sriperumpudur Taluk, Kancheepuram District, was classified as 'Kalam' in the revenue records and it is fit for carrying on agricultural operations. It is the assertion of the appellant that this land was allotted in favour of one Sri Gengan, and, after the death of the said Sri Gengan, his heir Sri Sankaran succeeded to the said immovab...
G. Samikalai Vs. Sengamalanachiarpuram Kammavar Sangam, represented by ...
Court: Chennai Madurai
Decided on: Jan-09-2017
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the concurrent judgment and decree passed in A.S.No.6 of 2009 on the file of the Subordinate Judge, Sivakasi, dated 30.10.2010 confirming the judgment and decree passed in O.S.No.223 of 2002 on the file of the District Munsif, Sivakasi, dated 19.01.2009.) 1. The 13th defendant in the suit in O.S.No.223 of 2002 on the file of the District Munsif Court, Sivakasi, is the appellant in the above Second Appeal. 2. The respondents 1 and 2 herein, as plaintiffs, filed the suit in O.S.No.223 of 2002 for declaration of title and recovery of possession from defendants 1 to 8 and 13 in respect of the suit first schedule property and for declaration of title and recovery of possession from defendants 9 to 13 in respect of suit second schedule property. The suit is also for a consequential permanent injunction restraining the defendant from alienating the suit property or from putting up any construction in the suit prop...
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