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Chennai Court January 2017 Judgments

Jan 25 2017

Sandhya Varma Vs. Union of India, Rep by Inspector of Police, CBI, SCB ...

Court: Chennai

Decided on: Jan-25-2017

(Prayer: Petition filed under Section 397 read with 401 of the Criminal Procedure Code, to call for the records in Crl.MP.No.24 of 2016 in CC.No.4066 of 2015, pending on the file of the Additional Chief Metropolitan Magistrate, Allikulam, Chennai and set aside the same and in effect discharge the petitioner from the case.) 1. This Criminal Revision is directed against the order passed by the learned Additional Chief Metropolitan Magistrate, Allikulam, Chennai made in Crl.MP.No.24 of 2016 in CC.No.4066 of 2015 dated 15.02.2016. 2. The case of the revision petitioner is that the complaint was filed by Indian Bank Ltd., and upon culmination of investigation, a final report was filed against M/s.Eventus Integrated Management Pvt. Ltd., (herein after referred to as A1), its Directors and Bank Officials for the offences under Section 120B r/w.420 IPC, 13(2) r/w.13(1)(d) of Prevention of Corruption Act. 3. The contents of the allegation is that A1 entered into criminal conspiracy during 2006 ...

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Jan 25 2017

R. Sivasubramaniyan Vs. R. Periasamy and Others

Court: Chennai

Decided on: Jan-25-2017

(Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 (1)(b) of the Code of Civil Procedure praying to withdraw the suit in O.S.No.156 of 2014 along with all I.As.pending on the file of the I Additional District Court, Erode to the file of this Court and try and dispose of the same.) 1. Heard the learned counsel appearing for the petitioner, the learned counsels appearing for respondents 1 to 3 and 5. Despite, notice being served, there is no representation on behalf of the fourth respondent either in person or through the counsel. 2. For the sake of convenience, 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 first defendant is the petitioner in this transfer civil miscellaneous petition seeking transfer of the suit filed by the plaintiff/first respondent in O.S.No.156 of 2014 from the District Court, Erode to the file of this Court. (ii) The suit is filed for par...

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Jan 25 2017

T. Thirunavukarasu Vs. The District Collector, Thiruvarur District

Court: Chennai

Decided on: Jan-25-2017

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the respondent in Pa.Mu.15611/2011/A3 dated 26.08.2011 and the subsequent proceedings of the respondent in O.Mu.8358/2012/A3 dated 10.08.2012 and to quash the same and consequently, direct the respondent to provide appointment to the petitioner on compassionate grounds based on his qualification, within a time frame.) 1. By consent, this Writ Petition is taken up for final disposal. 2. The father of the petitioner was employed as Village Administrative Officer and he died in harness on 17.03.1993, leaving behind his wife and five children, which include the petitioner also. The mother of the petitioner, namely Tmt.Padmavathy made a representation dated 13.04.1993 to the respondent praying for appointment on compassionate ground on the ground that she along with her five children were ...

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Jan 25 2017

S. Ganesh Vs. The Deputy Registrar, Co-operative Societies, Dindigul a ...

Court: Chennai Madurai

Decided on: Jan-25-2017

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus, calling for the records relating to the auction notice dated 07.01.2017 on the file of the 2nd and 3rd respondent and quash the same and directing the respondents 2 and 3 to waive the petitioner's jewel loans in No.2174 dated 15.06.2015, 2175 dated 15.06.2015, 2234 dated 09.07.2015 and 2382 dated 03.09.2015.) 1. This writ petition has been filed, seeking to quash the auction notice dated 07.01.2017 issued by the respondents 2 and 3, in and by which, the petitioner's jewels were put into auction pursuant to non-repayment of jewel loans. The petitioner also sought a direction to the respondents 2 and 3 to waive the petitioner's jewel loans in No.2174 dated 15.06.2015, 2175 dated 15.06.2015, 2234 dated 09.07.2015 and 2382 dated 03.09.2015. 2. The case of the petitioner is that he is an agriculturist and also a member of 2nd and 3rd respondent Society, having membe...

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Jan 25 2017

Anthonysamy Vs. Ilayaperumal @ Vellapandi Nadar (Died) and Others

Court: Chennai Madurai

Decided on: Jan-25-2017

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the executable and fair order, dated 01.06.2016, made in E.P.No.142 of 1990 in O.S.No.1052 of 1987, on the file of the Principal District Munsif Court, Ambasamudram.) 1. This Civil Revision Petition has been filed against the executable and fair order, dated 01.06.2016, made in E.P.No.142 of 1990 in O.S.No.1052 of 1987, on the file of the Principal District Munsif Court, Ambasamudram. 2. The petitioner is the first defendant in the suit in O.S.No. 1052 of 1987 and first respondent in E.P.No.142 of 1990 on the file of the Principal District Munsif Court, Ambasamudram. The father of the respondents 1 to 6 viz., Ilayaperumal @ Vellapandi Nadar is the plaintiff/decree-holder and the respondents 7 and 8 are the defendants 2 and 3. The plaintiff/father of the respondents 1 to 6 viz., Ilayaperumal @ Vellapandi Nadar [since deceased] filed O.S.No.1052 of 1987 against the petitioner [first defendant] ...

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Jan 25 2017

The Chairman, Tamil Nadu Electricity Board, Chennai Vs. The Managing D ...

Court: Chennai

Decided on: Jan-25-2017

(Prayer: Writ Appeal is filed, under Clause 15 of the Letters Patent, against the order made in W.P.No.23838 of 2008, dated 30.07.2009.) S. Manikumar, J. 1. Writ Appeal is directed against the order made in W.P.No.23838 of 2008, dated 30.07.2009, by which, the Writ Court directed all the parties, viz., the appellant and respondents 1 and 2 herein, to appoint their representative nominees to constitute an expert committee, within a period of one month, from the date of passing of the order. 2. Perusal of the order impugned, shows that there was exchange of correspondences, between the parties, for constituting an independent expert committee, consisting of one member each, totally three members, nominated by the respective parties. However, the Tamil Nadu Electricity Board has contended that the purchase order does not provide for an arbitral tribunal, and therefore, intended to proceed, as per the terms and conditions of the purchase order. Tamil Nadu Electricity Board did not want an ...

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Jan 25 2017

M. Ramani and Others Vs. Tamilnadu Generation and Distribution Corpora ...

Court: Chennai

Decided on: Jan-25-2017

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Declaration, declaring 1st respondent (Per) (FB) TANGEDCO Proceeding No.10 Administrative Branch dated 10.12.2015 and Notification No.01/2015 dated 28.12.2015 requiring the petitioners who worked as Apprentices in the 1st respondent to undergo Written Examination is illegal and direct the respondents 1 and 2 to dispense with Written Examination for the petitioners for the ensuing direct recruitment to the Post of Assistant Engineer (Electrical), Assistant Engineer (Mechanical) and Assistant Engineer (Civil) and also direct respondents 1 and 2 to formulate a Scheme for absorbing Ex-Apprentices as per the amended provision of Sec.22(1) of the Apprentices Act 1961.) Common Order: Since the relief sought for in all these writ petitions are identical, they were heard together and are disposed of by this common order. For the purpose of disposing the present batch of cases, W.P.No.1510 of 2...

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Jan 25 2017

A.T. Jacob and Others Vs. State of Tamil Nadu rep. by the Sub Inspecto ...

Court: Chennai Madurai

Decided on: Jan-25-2017

(Prayer: Criminal original petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.185 of 2009 on the file of the Court of the Judicial Magistrate No.1, Nagercoil and quash the same.) 1. This criminal original petition has been filed under Section 482 of Cr.P.C., paying to call for the records in C.C.No.185 of 2009 on the file of the Judicial Magistrate No.1, Nagercoil and quash the same. 2. It is averred in the petition that the second respondent initially preferred a complaint before the District Crime Branch against the petitioners and a case was registered in crime No.31 of 2007 under Section 153(A) of I.P.C. and after thorough investigation, the investigating agency dropped further action. The second respondent filed a protest petition in the said case. The Judicial Magistrate, by order dated 19.08.2009 took the case on file against the petitioners and three others, who are now no more. As per Section 196(1) of Cr.P.C., no Court shall take cognizance of a...

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Jan 25 2017

S.M. Pitchai Pandian and Others Vs. P. Seenivasan

Court: Chennai Madurai

Decided on: Jan-25-2017

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to strike off the plaint in O.S.No.799 of 2016 pending on the file of the Principal Subordinate Court, Madurai.) 1. This Civil Revision Petition has been filed to strike off the plaint in O.S.No.799 of 2016 pending on the file of the Principal Subordinate Court, Madurai. 2. The petitioners are the defendants and the respondent is the plaintiff in the suit in O.S.No.799 of 2016 on the file of the Principal Subordinate Court, Madurai. The respondent filed the suit for declaration to declare that the Office Bearers elected in the Election held on 25.09.2016 for the period 2016 2019 is valid and binding on the petitioners/defendants and their men or agents and also for permanent injunction restraining the petitioners/defendants and their men and agent from in any way interfering into the Management and affairs of the respondent's/plaintiff's Society. According to the respondent, as per Bye-laws, the elec...

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Jan 25 2017

P. Murthy Vs. The Collector of Cuddalore and Others

Court: Chennai

Decided on: Jan-25-2017

(Prayer: Appeal filed under Chapter 15 of Letters Patent against the order passed in W.P.No.37593 of 2015 dated 2/3/2016.) S. Manikumar, J. 1. Challenge in this appeal is to an order in W.P.No.37593 of 2015, dated 2/3/2016, by which, the writ Court refused to issue a writ of mandamus, directing the respondents herein, to provide fair compensation for the lands of the petitioner, in an extent of 0.41.5 comprised in Survey No.3/4, in an extent of 0.16.0, comprised in Survey No.3/8 in an extent of 0.15.0, comprised in Survey No.3/9 in an extent of 0.09.5, comprised in Survey No.3/10 in an extent of 0.21.5, comprised in Survey No.3/11 in an extent of 0.09.5, comprised in Survey No.3/12 at alayamadevimelpathi Village, Virudhachalam Taluk, Cuddalore District, without due process of law or under the Tamil Nadu Acquisition of land for industrial purposes Act 1997 for the Industrial purposes 1997 under the Right to Fair Compensation Act, 2015. 2. Material on record discloses that lands were acq...

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