Court : Chennai Madurai
(prayer : civil miscellaneous appeal is filed under section 173 of motor vehicles act, 1988, to set aside the judgment and decree dated 20.09.2013 passed in mcop no. 84/2007 on the file of the principal motor claims tribunal(principal subordinate judge), .....
Tag this Judgment!Court : Chennai
..... . then it has to be apportioned among the tenants on the basis of the number of portions of tenements into which the building is divided section 2(2) of the act defines a 'building' as a building or hut or part of a building or hut let or to be let, separately. in the case of dividing a building into several ..... portions and letting them out to different tenants, each portion has to be taken as a 'building' as defined by the act. for the purposes of section 4 of the act 'building' is that portion which is occupied by the tenant in question. one tenant cannot be mulcted with the liability for market value of the site ..... (prayer: civil revision petition filed under section 25 of the tamil nadu buildings (lease and rent control) act, 1960 against the order and decree order dated 09.07.2015 made in r.c.a.no.619 of 2013 on the file of the vii judge, court of small .....
Tag this Judgment!Court : Chennai
..... is discovered out of the disclosure statement made by the accused while in custody that makes the disclosure statement admissible in evidence as provided under section 27 of the evidence act. it is only the discovery of a relevant fact out of the disclosure statement, that makes the said statement admissible under section 27 of the evidence ..... act. the relevancy of the fact discovered out of the disclosure statement should therefore be established by the prosecution. in other words, the connection, nexus or the relationship between the fact .....
Tag this Judgment!Court : Chennai
..... court was right in convicting the accused under section 307 ipc and the trial court was also right in convicting him under the arms act. we do not find any reason to interfere with the same. the trial court has imposed only reasonable punishment. we do not ..... a case in crime no.436 of 2002 under sections 302 and 307 ipc and section 25(1-b-) of the indian arms act against all the accused. ex.p27 is the fir. he forwarded both the documents to the court, which were received by the ..... accused in s.c.no.310 of 2004 on the file of the learned additional district and sessions judge (special court under the essential commodities act) salem. there were three other accused by name maveeran @ venkatachalam, sundaram and kannan @ chinnakannu, who were arrayed as accused 2 to ..... has been preferred to set aside the conviction and sentence passed by the additional district and sessions judge (special judge for ec act case), salem, by judgment dated 17.04.2006 made in s.c.no.310 of 2004.) s. nagamuthu, j. 1 .....
Tag this Judgment!Court : Chennai Madurai
..... in danger in the hands of aforesaid accused persons and he is in an important witness in other criminal cases registered under scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 and he is the prosecution witness no.1 in a murder case in cr.no.17 of 2010, on the file of the thirupachethi police station, sivagangai district. ..... in cr.no.414 of 2014, under sections 147, 148, 307 of i.p.c and section 3(2)(v) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. 5. at this stage, the learned counsel for the petitioner submits that the petitioner is facing life threat in the hands of accused persons in the aforesaid cases ..... the murder of his brother) under sections 147, 148, 302 of i.p.c and section 3(2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. subsequently, one of the accused in cr.no.17 of 2010 viz., karupu alias karuppasamy was murdered by some unknown persons. but the petitioner's name was included as .....
Tag this Judgment!Court : Chennai
..... have two contradictory stand. admittedly she suffered a decree in a suit for specific performance which has become final, conclusive and binding on the petitioner. she cannot now act against such decree by stepping into the shoes of her father indirectly under the guise of transposition to seek a decree against such specific performance decree. though the learned ..... the plaint shall be served on the new defendant and, if the court thinks fit, on the original defendant. (5) subject to the provisions of the indian limitation act, 1877 (15 of 1877), section 22 the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons. 11 ..... suit in o.s.no.224/1999 for the relief as stated supra wherein one of the relief he sought was for an injunction against the respondent herein from acting upon the judgment and decree passed in the specific performance suit. however, the fact remains that in the mean time, the decree was already executed on 30. .....
Tag this Judgment!Court : Chennai
..... .o.6) soon after the commission theft, for which, they have got no explanation to offer, we have to necessarily raise the presumption under section 114 of the indian evidence act, that these two accused (a.1 and a.3) are the perpetrators of the crime. 25. ofcourse, the said presumption is rebuttable, but, the accused have not rebutted the said ..... the accused and the deceased, we are unable to rely on the same since, these documents have not been proved properly as required under section 65b of the indian evidence act. as per the judgment of the hon'ble supreme court in anvar vs. p.k. basheer and others reported in 2014 [10] scc 473,these documents showing the call details .....
Tag this Judgment!Court : Chennai
..... result during probation period. the probation of the petitioner has been extended periodically with oblique motive and also against the tamil nadu industrial establishments (conferment of permanent status of workman) act, 1981. all of a sudden, the service of the petitioner has been terminated on 31.3.1994 without notice. no charge has been framed against him. under such circumstances, present ..... extended. it is also false to aver that the period of probation of the petitioner has been extended against the provisions of tamil nadu industrial establishments (conferment of permanent status) act, 1981 and there is no merit in the petition and the same deserves to be dismissed. 5. the labour court, vellore, after considering the rival evidence adduced on either side .....
Tag this Judgment!Court : Chennai
..... one. it was out of a sudden quarrel and in the heat of passion, the accused had lost his mental balance. thus, his act would squarely fall within the fourth exception to section 300 i.p.c. therefore, the appellant is liable to be convicted for offence under ..... no evidence at all on record to infer that the accused would have had any intention to cause the death of the deceased. the act of the accused squarely falls within the third limb of section 300 ipc. since the accused had attacked the deceased with the iron pipe ..... only by the appellant, now we have to examine as to, "what was the offence that was committed by the accused by his act?" as spoken by p.w.1, the accused had come to the house of the deceased only to persuade him to allow the ..... to be an injured witness. the learned counsel for the appellant would submit that the evidence of p.w.1 cannot be believed and acted upon. we find no force in the said argument at all. simply because she happened to be the wife of the deceased, her .....
Tag this Judgment!Court : Chennai
..... is inadmissible in evidence because it is not every fact that is discovered out of a disclosure statement that is admissible in evidence under section 27 of the indian evidence act. it is the law that the disclosure statement which led to the discovery of a relevant fact alone makes the statement admissible under section 27 of the indian evidence ..... act. here, in this case, the link or the connection or nexus between the material objects 1 to 3 and the crime or the deceased has not been established. thus, the .....
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