Chennai Court January 2017 Judgments
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Shanmugathai Vs. Kamalammal and Another
Court: Chennai
Decided on: Jan-09-2017
(Common Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, against the fair and decreetal orders dated 30.08.2012 passed in I.A.Nos.116 and 117 of 2012 in O.S.Nos.13 and 38 of 2009 respectively, on the file of the District Munsif Court, Ranipet, Vellore District.) 1. Heard Mr.P.Mani, learned counsel appearing for the petitioner and Mr.K.Gandhi Kumar, learned counsel appearing for the respondents. 2. The Petitioner in both revisions is the plaintiff in O.S.No.13/2001 and O.S.No.38/2009, on the file of the District Munsif Court, Ranipettai. She has filed the suit in O.S.No.13/01 and O.S.No.38/2009 against the respondents herein respectively for declaration and recovery of possession and mandatory injunction to remove the semi permanent structure put up by the respective defendant and for permanent injunction. The suit property is one and the same in both the suits i.e. S.No.161/4, Karai Village of Walajapet Taluk. 3. According to the petitioner that the sui...
M. Subramanian Vs. The Land Acquisition Officer and Revenue Divisional ...
Court: Chennai
Decided on: Jan-09-2017
(Prayer: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 15.11.2016 and pass orders in accordance with law within the time frame as fixed by this Hon'ble Court.) 1. The petitioner claims to be the owner of the lands admeasuring Hec.0.40.0 in S.F.426/13, Hec.0.18.0 in S.F.426/15A, Hec.0.15.0 in S.F.427/5A, Hec.0.21.0 in S.F.427/5B, Hec.0.13.0 in S.F.428/1A, Hec.0.13.0 in S.F.428/1B, Hec.0.24.0 in S.F.428/1C, Hec.0.38.5 in S.F.428/2, Hec.0.18.0 in S.F.428/3, Hec.0.36.0 in S.F.428/4, Hec.0.15.5 in S.F.428/5, Hec.0.16.0 in S.F.428/6, Hec.1.19.0 in S.F.429/1, Hec.0.47.5 in S.F.429/2, Hec.0.41.0 in S.F.429/8, Hec.0.08.0 in S.F.430/2A and Hec.0.60.0 in S.F.430/6 of Pappakudi (South) Village, Udayarpalayam Taluk, Ariyalur District. Since the aforesaid lands were acquired by the respondent for establishing a 765/400 KV cooling station on behalf of the Power Grid ...
R. Kuppusamy and Others Vs. M. Nagaraj and Others
Court: Chennai
Decided on: Jan-09-2017
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal order dated 29.04.2013 made in I.A.No.169 of 2013 in O.S.No.64 of 2013, on the file of the learned First Additional District Munsif, Erode.) 1. Heard Mr.N.Manokaran, learned counsel appearing for the petitioners and Mr.R.Sunilkumar, learned counsel appearing for the respondents. 2. A perusal of records show that the respondents 1 and 2 in this C.R.P, as plaintiffs have filed a suit against the petitioners herein and respondents 3 to 5 herein in O.S.No.64/2013 before the Additional District Munsif, Erode for the relief of declaring the suit temple is the public temple belongs to the people of Karundevanpalayam and Thamibaranvalasu and Permanent Injunction. In this case, the respondents 1 and 2 herein have filed I.A.No.169/2013 under order 1 rule 8 of C.P.C seeking permission to conduct the suit in a representative capacity on behalf of the residents of Karundevanpalayam a...
S. Gopal and Another Vs. The District Collector Collectorate, Sathuvac ...
Court: Chennai
Decided on: Jan-09-2017
(Prayer: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 to 3 to consider and pass orders on the representation dated 24.10.2016 seeking initiation of appropriate action in relation to mismanagement and maladministration of the fourth respondent society on merits and within a time to be stipulated by this Hon'ble Court.) 1. This writ petition has been filed by Mr.S.Gopal and Mr.M.Arumugam for issuance of a writ of mandamus, directing the respondents 1 to 3 to consider and pass orders on the representation dated 24.10.2016 seeking initiation of appropriate action relating to the mismanagement and maladministration of the fourth respondent society on merits. 2. Learned counsel for the petitioners submitted that the petitioners are the residents of Vellakuttai village and they are also the members of the C-2454 Vellakuttai Primary Agricultural Cooperative Credit Society Limited. When the society caters to th...
S. Muniraj Vs. B.V. Anantharao
Court: Chennai
Decided on: Jan-09-2017
(Prayer: Criminal Appeal filed under Section 378(4) of Cr.P.C., to set aside the order of acquittal passed by the Learned Principal District Sessions Judge, Krishnagiri dated 06.03.2013 in Crl.Appeal No. 69 of 2012 setting aside the Order of Conviction passed by the Learned Fast Track Judicial Magistrate, Hosur dated 05.10.2012 in STC No. 143 of 2011.) 1. The Appellant/Complainant has filed the present Criminal Appeal before this Court (as an aggrieved person) as against the Judgment dated 06.03.2013 in C.A.No. 69 of 2012 passed by the Learned Principal District and Sessions Judge, Krishnagiri. 2. The First Appellate Court (as an Appellate Authority) while passing the impugned Judgment in Crl.A.No. 69 of 2012 on 06.03.2013 at Paragraph No.8 had among other things observed that ..the Accused (the Respondent) after obtaining a loan from Byrappa and executing a sale deed had paid back a sum of Rs.2,50,000/- and after writing a cancellation of Sale Deed, a higher rate of interest was deman...
M/s. Maya Appliances Private Limited, Besant Avenue, Adyar, Chennai an ...
Court: Chennai
Decided on: Jan-09-2017
1. Pending the suit for permanent injunction, these two applications in O.A.Nos.814 and 815 of 2016 have been filed seeking temporary ones on the basis of infringement of a registered design and passing off. Seeking appointment of Advocate Commissioner, A.No.4773 of 2016 has been filed. 2. .Heard Mr.P.S.Raman, learned Senior Counsel for Mr.T.K.Bhaskar, learned counsel for the applicants and Mr.AR.L.Sundaresan, learned Senior counsel for Mr.M.S.Bharath, learned counsel for the respondent and perused the documents and written submissions filed. 3. Before going into the issues governing the case, it would be appropriate to deal with the provisions and the principles of law. Apropos the provisions, they are placed hereunder for easy understanding: THE DESIGNS ACT, 2000: 3.1. Section 2(d): design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any...
K.K. Paramasivam and Another Vs. Om Prakash Parival rep. by his Power ...
Court: Chennai
Decided on: Jan-06-2017
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 06.11.2014 passed by the learned II Additional District Judge, Erode in I.A.No.132 of 2014 in O.S.No.294 of 2010.) 1. The revision is preferred by the defendants in the suit, aggrieved by the order passed by the Court below in disallowing the application filed by them under Order 16 Rule 14 of the Code of Civil Procedure to examine the power of attorney of the respondent/plaintiff. 2. For convenience sake, the parties are referred to here under according to their litigative status and ranking in the suit. 3. The brief facts of the case is as follows: (i) The suit in O.S.No.294 of 2010 has been filed by the plaintiff for specific performance and the plaintiff is represented through his power of attorney R.Thangavelu vide registered power deed dated 06.02.2008. Though the plaintiff was represented by his power of attorney the principal himself has appeared as PW1. It is the case ...
G. Rani Vs. Government of Tamil Nadu represented by Addl. Chief Secret ...
Court: Chennai
Decided on: Jan-06-2017
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent-authority to grant promotion to the petitioner to the post of Chief Engineer in Highways Department with effect from 31.05.2016 and to grant her all benefits consequential thereto, within a time to be fixed by this Court.) 1. This writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the respondent to grant promotion to the petitioner to the post of Chief Engineer in Highways Department with effect from 31.05.2016 and to grant her all benefits consequential thereto, within a time frame. 2. In the affidavit filed in support of the writ petition, it has been averred by the petitioner as follows:- 2-1. The petitioner is a M.E. Civil Engineering Graduate and she joined the Highways Department as Assistant Engineer on 03.10.1989. After getting promotion from time to time, the petitioner is presently w...
M. Elangovan Vs. The State of Tamil Nadu, rep. by its Secretary to Gov ...
Court: Chennai
Decided on: Jan-06-2017
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus to call for records relating to the impugned order issued by the second respondent in Na.Ka.No.82442/2014/C1, dated 24.03.2015, and to quash the same and consequently, to direct the respondents 1 to 3 to accord seniority of the petitioner in the cadre of Assistant by taking into account of the date of joining to the post of Assistant as well as the seniority as per the ratio laid down in the order passed in W.P.No.14595 of 2009, dated 30.04.2010, as confirmed by the Hon'ble Division Bench in W.A.No.2132 of 2011, dated 13.02.2013 with all consequential and other attendant benefits including promotion on par with juniors.) Common Order: 1. Since the issue involved in these Writ Petitions is identical in nature, they have been taken up together and disposed of vide this common order. 2. For the sake of brevity, the facts of the case are being taken from W.P.No.10437...
S. Palanisamy Vs. The Sub-Registrar, Nallur, Tiruppur District and Ano ...
Court: Chennai
Decided on: Jan-06-2017
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the impugned Deed of Cancellation dated 10.11.2009, executed by the 2nd respondent, presented to and registered by the first respondent as Doc.No.4010 of 2009 and quash the same.) 1. The petitioner has filed the present Writ Petition against the impugned order of Cancellation Deed dated 10.11.2009 executed by the second respondent, presented and registered before the first respondent as Document No.4010 of 2009. 2. The learned counsel for the petitioner submitted that the Punja lands comprised in Survey No.263/5, 264, as per Sub-Division Survey No.264/8, Survey No.265 (as per Sub-Division Survey No.265/3B) and Survey No.266/1 (as per Sub-Division Survey No.266/1A) belonged to the petitioner's father Subramania Gounder, having purchased the same under a Sale Deed in the year 1968. The petitioner's father died intestate, leaving behind his wife, Ammani, and...
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