Chennai Court February 2017 Judgments
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Rajabunnisa Begum Vs. Johara Beevi and Others
Court: Chennai
Decided on: Feb-09-2017
(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 07.08.1998 made in A.S.No.68 of 1997 on the file of the Additional District Judge, Nagapattinam, reversing the judgment and decree dated 10.10.1996 made in O.S.No.136 of 1993 passed by the Principal Subordinate Judge, Nagapattinam.) 1. Rajabunnisa Begum, who is the plaintiff in the suit for partition is the appellant before this Court. 2. The case of the appellant is that she was married to one P.M.S.Abdul Rahim of Podakkudi Village as his second wife and the marriage was solemnized at Nagore Dargah on 21.12.1987. The said P.M.S.Abdul Rahim died on 01.08.1990 leaving behind the appellant, the first respondent, who is the first wife of P.M.S.Abdul Rahim and respondents 2 to 5, who are the children born to him through the first defendant. Though P.M.S.Abdul Rahim during his life time, wrote a Will bequeathing some of his properties in her favour, the said Will has been lost. A...
Gowri Vs. Krishnan and Others
Court: Chennai
Decided on: Feb-09-2017
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree of the learned Principal District Judge, Villupuram, in A.S.No.43 of 2006 dated 02.10.2010 confirming the judgment and decree of the learned Principal Subordinate Judge, Tindivanam in O.S.No.80 of 1991 dated 31.01.2005.) 1. In this second appeal, the plaintiff has impugned the judgment and decree dated 02.10.2010 made in A.S.No.43 of 2006 on the file of the Principal District Court, Villupuram, confirming the judgment and decree dated 31.01.2005 made in O.S.No.80 of 1991 on the file of the Principal Sub Court, Tindivanam. 2. The suit has been laid by the plaintiff for partition. 3. The plaintiff has succeeded in the trial Court. The defendants, aggrieved over the same, preferred the first appeal. The first appeal preferred by the defendants also ended in dismissal. However, the plaintiff has preferred this second appeal on the short point that the first appellate court, while conc...
M. Perumal Vs. The District Collector, Kanchipuram District and Others
Court: Chennai
Decided on: Feb-09-2017
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records of the impugned order of eviction vide Na.Ka.29369/2014/Aa3 dated 19.01.2017 issued by the District Collector, Kancheepuram and District, the first respondent against the petitioner's land and superstructure of thatched roof extent about 0.01.0 Ares vide Survey No.219/4 situated in at No.18, 1st street, Kizlkaranai village, Kattudevathur village, Madurandhagam Taluk, Kancheepuram District and quash the same.) 1. The petitioner seeks to assail the proceedings of the District Collector, Kancheepuram/respondent No.1, dated 19.01.2017 dismissing the appeal of the petitioner and others filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as the said Act ) qua the action being taken for removal of the encroachments in S.No.219/4 being the temple poramboke land. 2. The position which emerges from the impugned order...
M/s. RIO Glass Solar SA, rep. by its Power of Attorney Agent Jose Mari ...
Court: Chennai
Decided on: Feb-09-2017
(Prayer: Petition under Section 47 of the Arbitration and Conciliation Act, 1996 to pass an order that the foreign award dated 12.2.2015 be deemed to be a decree of this Court and a direction to enforce and execute the said award as decree in favour of the petitioner and as against the respondent along with cost in entirety, cost of the petition be provided for.) 1. This is a petition filed under Section 47 of the Arbitration and Conciliation Act, 1996 (hereinafter called the Act) seeking an order that the foreign award dated 12.2.2015 shall be deemed to be a decree of this Court and for a direction to enforce and execute the said award as a decree in favour of the petitioner and against the respondent along with costs in its entirety. 2. The petitioner is a company registered in Spain. The respondent is a private limited company registered under the Companies Act, 1956 with the registered office in Tamil Nadu. The petitioner is engaged in the manufacture of thermo solar parabolic mirr...
Srinivasan Vs. Lakshmanan
Court: Chennai
Decided on: Feb-09-2017
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 13.08.2010 passed in A.S.No.6 of 2010 on the file of the Sub Judge, Rasipuram reversing the judgment and decree dated 05.08.2009 passed in O.S.No.175 of 2006 on the file of the District Munsif Court, Rasipuram.) 1. In this second appeal, the plaintiff has impugned the judgment and decree dated 13.08.2010 passed in A.S.No.6 of 2010 on the file of the Sub Court, Rasipuram, reversing the judgment and decree dated 05.08.2009 passed in O.S.No.175 of 2006 on the file of the District Munsif Court, Rasipuram. 2. The suit has been laid by the plaintiff for declaration, permanent injunction, possession and mandatory injunction. 3. As regards the relief of mandatory injunction is concerned, it is found that the same has been not pressed by the plaintiff even before the trial court. The defendant is the Paternal uncle's son of the plaintiff. It is also found that the families of the pla...
Petitioner Vs. Respondent
Court: Chennai
Decided on: Feb-08-2017
C.V. Karthikeyan, J. 1. O.A.No.117 of 2017 has been filed to grant an order of interim injunction restraining the respondents / defendants 1 to 37 and from in fringing the file Jolly LLB 2 and the work of blocking all websites / web pages including websites mentioned in Schedule A hosting contents that relate to plaintiff's copyright protected cinematographic film "Jolly LLB 2 . 2. O.A.No. 118 of 2017 has been filed to grant an order of interim injunction restraining the respondents 1-5 / defendants 38-42 from the said cinematographic film "Jolly LLB 2" by themselves, their partners / proprietor / directors , heirs, representatives, successors in business, assigns, distributors, agents and servants. 3. O.A. No.119 of 2017 has been filed to grant an order of interim injunction restraining the respondents 1 to 8 / defendants 43-50 from infringing the said cinematographic film "Jolly LLB2" by themselves, their partners / proprietor / directors, heirs, representatives successors in busines...
The Project Director, Tamil Nadu Road Sector Project, Highways Departm ...
Court: Chennai
Decided on: Feb-08-2017
(Prayer: Petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award dated 30.4.2012 passed by the Arbitral Tribunal comprising of respondents 2 to 4.) Order: 1. This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act), for setting aside the arbitration award dated 30.4.2012 passed by the Panel of Arbitrators namely respondents 2 to 4 herein. 2. The facts, which are necessary for testing the validity of the award, could be briefly stated as follows : The respondent is a joint venture consisting of two companies namely M/s.RNS Infrastructure and Gayathri Projects Limited. The respondent was awarded the contract for upgradation of 117 Km road from Ramanathapuram to Tuticorin. Originally, the project length was 117.90 KM and the revised length was 114.695 Km. The contract value, which was originally fixed, was Rs.119,26,00,842/-. Subsequently, since there was major change in the scop...
M/s. Rapid Care Transcription P. Ltd., rep by its Director V.L. Venkat ...
Court: Chennai
Decided on: Feb-08-2017
(Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorarified mandamus calling for the records relating to the impugned proceedings in AABCR3254M/STAY/2009-10 dated 20.01.2017 passed by the second respondent and quash the same as unlawful, without application of mind and further direct the first respondent to dispose of the appeal filed by the petitioner on 27.10.2016 by granting stay of recovery pending disposal of the said appeal before the first respondent.) 1. Issue notice. Mrs.Hema Muralikrishnan, accepts notice on behalf of the respondents. With the consent of counsel for parties, the Writ Petition is taken up for hearing and final disposal. 2. The Writ Petition is directed against the order dated 20.01.2017, whereby, the petitioner's application for stay was rejected. 2.1. To be noted, the petitioner has filed an appeal against the order dated 23.09.2016 passed by respondent no.2, which is pending consideration ...
Dravidamani and Others Vs. State of Tamil Nadu Rep. by the District Co ...
Court: Chennai
Decided on: Feb-08-2017
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 14.09.2010 made in A.S.No. 8 of 2010 on the file of the Subordinate Court at Mannargudy, confirming the judgment and decree dated 11.11.2009 made in O.S.No.78 of 2005 on the file of the District Munsif Court, Thiruthuraipoondi.) Judgment: 1. The plaintiffs, in this second appeal, have impugned the judgment and decree dated 14.09.2010 made in A.S.No.8 of 2010 on the file of the Sub Court, Mannargudy, confirming the judgment and decree dated 11.11.2009 made in O.S.No.78 of 2005 on the file of the District Munsif Court, ThiruthuraiPoondi. 2. The suit has been laid by the plaintiffs for declaration and permanent injunction. 3. The suit property is situated in Town Survey No.228/7, 63 cents of Kuttai Porampokku and out of the same, 4 cents on the northern bund of the Kuttai, East-West measuring 49 meters and north-south measuring 11 meters within the specific boundaries. 4. The p...
R. Harikrishnan Vs. R. Pachaiammal
Court: Chennai
Decided on: Feb-08-2017
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree passed in A.S.No.2 of 2009 dated 18.09.2010 on the file of the Sub Court at Chengalpattu in reversing the well considered judgment and decree passed in O.S.No.09 of 2006 dated 29.11.2008 on the file of the District Munsif cum Judicial Magistrate at Thirukalukundaram.) 1. In this second appeal, the defendant has impugned the judgment and decree passed in A.S.No.2 of 2009 dated 18.09.2010 on the file of the Sub Court at Chengalpattu reversing the Judgment and decree passed in O.S.No.09 of 2006 dated 29.11.2008 on the file of the District Munsif cum Judicial Magistrate at Thirukalukundaram. 2. The second appeal has been admitted and the following substantial questions of law are formulated for consideration in this second appeal 1. Whether the first appellate court is right in appreciating the application under Order 41 Rule 27 of the code of Civil Procedure for filing up of the lacu...
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