Chennai Court February 2017 Judgments
Chinnusamy and Another Vs. Sundaram
Court: Chennai
Decided on: Feb-15-2017
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 24.02.2010 made in A.S.No.35 of 2009 on the file of the Subordinate Judge's Court, Tiruchengode, reversing the judgment and decree dated 28.02.2007 made in O.S.No.27 of 1994 on the file of the District Munsif Court, Tiruchengode.) 1. In this second appeal, the defendants 1 and 2 have impugned the judgment and decree dated 24.02.2010 made in A.S.No.35 of 2009 on the file of the Sub Court, Tiruchengode, reversing the judgment and decree dated 28.02.2007 made in O.S.No.27 of 1994 on the file of the District Munsif Court, Tiruchengode. 2. The second appeal has been admitted and the following substantial question of law is formulated for consideration in this second appeal:- Whether in the absence of a document to prove title, the lower appellate court was correct in law in decreeing the suit on the ground that the respondent herein had an easement by grant over the pathway? 3. ...
Tag this Judgment!Muniammal (died) and Others Vs. Lakshmi and Others
Court: Chennai
Decided on: Feb-14-2017
(Common Prayer: Second Appeals filed under Section 100 of the Civil Procedure Code against the common judgment dated 05.08.1998 passed by the learned District Judge at Erode in A.S.Nos.92 and 93 of 1997 and even dated decree in A.S.No.93 confirming the common judgment dated 20.01.1997 of the learned Subordinate Judge, Bhavani made in O.S.No.224 of 1989 and 117 of 1987 and the even dated decree in O.S.No.224 of 1989 and O.S.No.177 of 1989 respectively on his file(before transfer O.S.No.295 of 1986 on the file of the learned District Munsif, Bhavani).) Common Judgment: 1. These two appeals are arising out of two suits in which, one suit in O.S.No.177 of 1987 filed by Muniammal and Backiam against Lakshmi and others for declaration that the settlement deed dated 17.10.1984 registered as document No.3953 of 1984 in respect of 'A' and 'B' schedule properties as null and void and to declare that the plaintiffs are entitled for possession and enjoyment and another suit in O.S.No.224 of 1989 f...
Tag this Judgment!Vasantha Vs. The Registrar Registrar of Co-operative Societies and Ano ...
Court: Chennai
Decided on: Feb-14-2017
(Prayer: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records on the file of the second respondent in impugned demand notice dated 18.1.2017 and quash the same.) 1. The petitioner's late husband, having borrowed a sum of Rs.1,20,000/- in the year 1997 from the second respondent society with a condition to repay the same at the rate of Rs.1805/- per month for a period of 15 years, had committed default after paying some instalments. Subsequently, he also died on 9.7.2013. Consequently, the impugned demand notice has been issued to the petitioner to clear the dues. Challenging the same, the present writ petition has been filed seeking to quash the said notice dated 18.1.2017. 2. It is stated that when the petitioner's husband was working in Ariyur Cotton Mill, the approached the second respondent society in the year 1997 seeking a housing loan of Rs.1,20,000/-. The same was also sanctioned on 10.11.97 upon accepti...
Tag this Judgment!Chennimalai Gounder (died) and Others Vs. Kaliappa Gounder (deceased) ...
Court: Chennai
Decided on: Feb-14-2017
(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree of the learned Principal District Judge of Erode District at Erode in A.S.No.97 of 2006, dated 07.08.2007 reversing the judgment and decree of the learned First Additional Subordinate Judge, Erode in O.S.No.201 of 1995 dated 28.11.2005.) 1. The Legal heirs of the sole plaintiff are the appellants herein. The suit for partition in respect of suit schedule properties was allowed by the trial Court, but reversed in the appeal. 2. The suit schedule consists of three items. In respect of the 2nd item of the suit schedule property, the plaintiff claim was that he purchased undivided 1/2 share from one Chenniappan on 31.10.1953 and the remaining 1/2 share was jointly purchased by him and his brothers Nachiappa Gounder and Marappan gounder from Rasayammal on 25.10.1965. Thus, he is entitled for 4/6 share in the 2nd item property. In so far as 1st and 3rd items of properties, his father Ma...
Tag this Judgment!R. Thangavel Vs. The Assistant Engineer, Tamil Nadu Electricity Board, ...
Court: Chennai
Decided on: Feb-14-2017
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents 1 and 2 from taking any steps for the purpose of giving electrical service connection to the bore well belonging to the 3rd respondent situated in S.F. No.247/4, Periapappanoothu village, Udumalpet Taluk, Tirupur District pending disposal of the suit in O.S. No. 187 of 2010 on the file of the Court of the District Munsif, Udumalpet or appeals therefrom and pass further orders.) 1. This Writ Petition has been filed seeking for a direction to forbear the respondents 1 and 2, from taking any steps to provide electrical service connection to the bore well belonging to the 3rdrespondent, situated in S.F. No.247/4, Periapappanoothu village, Udumalpet Taluk, Tirupur District pending disposal of the suit in O.S. No. 187 of 2010 on the file of the Court of the District Munsif, Udumalpet or appeals there from. 2. Learned counsel for the petitioner sub...
Tag this Judgment!R. Murugan Vs. The Authorised Officer, Indian Overseas Bank (IOB), Tir ...
Court: Chennai
Decided on: Feb-14-2017
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of certiorari, calling for the records of the first respondent in issuance of the notice dated 05.07.2016 and quash the notice dated 05.07.2016 with regard to the petitioner's Residential Property situated at Old No.8/1 and New No.313/8/1 having land measuring to an extent of 3920 sq ft of land (0.09 cents) comprised in SF No.346/9 and RSF No.346/9A Ward G, Block 37, TSLR No.70/1A and 70/2, Tiruchengode Village and Taluk, Nammakal District.) S. Manikumar, J. M/s. Sri Dhivyasowmya Paper Boards has availed loan of Rs.215 Lakhs from Indian Overseas Bank, Thiruchengode Branch by offering the undermentioned prime and collateral securities. Sl.No.Nature of Security (Mortgage / Hypothecation)Particulars of securities1.Prime SecurityMachinery for term loans Stocks and book debts for cash credit2.Collateral security - Mortgage of land and house propertyI. Factory land - 19.98 acres and building thereon ...
Tag this Judgment!Dr. G. Srinivasan Vs. Voltamp Transformers Limited, Chetpet and Others
Court: Chennai
Decided on: Feb-14-2017
(Prayer: Civil Suit filed under Order VII Rule 1 CPC read with Order IV Rule 1 OS rules read with Sec.48, 104,108 of the Patents Act, 1970 to pass the following judgment and decree (A) Permanent injunction restraining the defendants, by themselves, their men, servants, agents, distributors, stockiest, representatives or any one claiming through them from in any manner infringing the plaintiff's patent granted under No.198725 by making, using or selling an identical invention as found in the plaintiff's patent for Midget Transformers with built in State node Circuit Breakers and their inter network connections or in any other manner whatsoever. (b) a preliminary decree be passed in favour of the plaintiff's directing the defendants to render account of profits made by use of plaintiff invention under the Patent No. 198725 and a final decree be passed in favour of the plaintiffs for the amount of profits thus found to have been made by the defendants after the latter have rendered accoun...
Tag this Judgment!Mohamed Aliyar Vs. Noorjahan Rep. by her Power Agent S.L.M. Sekka Mara ...
Court: Chennai
Decided on: Feb-14-2017
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 11.02.2011 made in A.S.No.38 of 2010 passed by the learned Subordinate Judge, Mannargudi, reversing the judgment and decree dated 24.11.2009 made in O.S.No.30 of 2007 passed by the learned District Munsif, Thiruthuraipoondi, Tiruvarur District.) 1. Challenge in this second appeal is made by the defendant against the judgment and decree dated 11.02.2011 made in A.S.No.38 of 2010 on the file of the Sub Court, Mannargudi, reversing the judgment and decree dated 24.11.2009 made in O.S.No.30 of 2007 on the file of the District Munsif Court, Thiruthuraipoondi, Tiruvarur District. 2. The second appeal has been admitted and the following substantial question of law is formulated for consideration in this second appeal:- "Whether the reasonings and conclusions of the first appellate Court in accepting the case of the plaintiff are perverse and misdirected against the evidence on reco...
Tag this Judgment!Rajmohan Vs. Venkatachala Padayaachi and Others
Court: Chennai
Decided on: Feb-14-2017
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 01.07.1997 made in A.S.No.84 of 1994 on the file of the Sub Court, Cuddalore, confirming the judgment and decree dated 12.01.1994 made in O.S.No.774 of 1992 on the file of the Principal District Munsif Court, Cuddalore.) 1. Challenge in this second appeal is made by the plaintiff against the judgment and decree dated 01.07.1997 made in A.S.No.84 of 1994 on the file of the Sub Court, Cuddalore, confirming the judgment and decree dated 12.01.1994 made in O.S.No.774 of 1992 on the file of the Principal District Munsif Court, Cuddalore. 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 in dismissing the suit laid by the plaintiff are based upon the perverse findings and misdirected against the evidence on record?" 3. The suit has been lai...
Tag this Judgment!The Managing Director Tamil Nadu State Transport Corporation Salem Vs. ...
Court: Chennai
Decided on: Feb-14-2017
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 16.02.2016 made in M.C.O.P.No.148 of 2014 on the file of the Motor Accident Claims Tribunal, Special District Judge, Krishnagiri.) 1. Challenging the negligence as well as the quantum of compensation awarded by the Claims Tribunal, in M.C.O.P.No.148 of 2014,dated 16.02.2016 , the Transport Corporation has filed this Civil Miscellaneous Appeal. 2. The deceased, aged 35 years, who was selected as a Typist in TNPSC Group IV test held in the year 2013 and was also working as Office Superintendent in private import and export Company in Chennai, earning a sum of Rs. 20,000/- per month and who was maintaining her husband and two minor children, died in an accident that took place on 04.03.2014. 3. Claiming a sum of Rs.25,00,000/-, as compensation, the Legal Representatives of the deceased filed claim petition for compensation. 4. The Tribunal, after considering the submissions made o...
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