Court : Chennai
(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!Court : Chennai
(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...
Tag this Judgment!Court : Chennai
(Prayer: Civil Revision Petition filed under Section 115 of the Constitution of India, against the Fair and Decreetal order dated 09.07.2013 made in I.A.No.167 of 2012 in O.S.No.167 of 2000, on the file of the District Munsif Court, Ambattur.) 1. The defendant in O.S.No.167 of 2000 is the civil revision petitioner before this Court, challenging the order of dismissal in I.A.No.167 of 2012 in O.S.No.167 of 2000, dated 09.07.2012, on the file of the District Munsif Court, Ambattur. 2. The case of the respondent/plaintiff is that he has filed the suit in O.S.No.167 of 2000 before the learned District Munsif Court, Ambattur for a permanent injunction restraining the defendant from interfering with the peaceful possession and enjoyment of the suit schedule of property. 3. The plaintiff has come forward by saying that he is in absolute possession and enjoyment of the suit property for the past 35 years by constructing a house and he has residing there with his wife and children and the docum...
Tag this Judgment!Court : Chennai
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the entire records of the first respondent-Inspector General of Registration in the proceedings in Lr.No.11161/A2/2015, dated 10.12.2015 and quash the same and direct the first respondent to restore the seniority of the petitioner according to the rank fixed by the Tamil Nadu Public Service Commission in the directly recruited post of Sub-Registrar Grade-II and to include the name of the petitioner in the temporary panel of Sub-Registrar Grade-I for the year 2011-12 over and above the third respondent with consequential service benefits including further promotion.) The petitioner has filed this Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the entire records of the first respondent-Inspector General of Registration in the proceedings in Lr.No.11161/A2/2015, dated 10.12.2015 and quash the same and direct...
Tag this Judgment!Court : Chennai
(Prayer: Civil Revision Petition is filed under Section 25 of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 against the fair and final order dated 01.08.2015 passed in R.C.A.No.23 of 2014 on the file of the Principal Subordinate Judge, Coimbatore (Appellate Authority) confirming the fair and decreetal order dated 04.09.2013 passed in R.C.O.P.No.83 of 2007 on the file of the Principal District Munsif, Coimbatore (Rent Controller).) 1. The present Civil Revision Petition has been filed challenging the fair and final order dated 01.08.2015 passed in R.C.A.No.23 of 2014 on the file of the Principal Subordinate Judge, Coimbatore (Appellate Authority) confirming the fair and decreetal order dated 04.09.2013 passed in R.C.O.P.No.83 of 2007 on the file of the Principal District Munsif, Co imbatore (Rent Controller). 2. The respondents 1 to 3 herein as petitioner/landlord has filed R.C.O.P.No.83 of 2007 on the file of the Principal District Munsif, Coimbatore for eviction on the groun...
Tag this Judgment!Court : Chennai Madurai
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari to call for the records relating to the impugned resolution of the third respondent Council dated 17.08.2016 and the consequential proceeding issued by the third respondent Registrar in Ref. No.TNMC/G 705/2016, dated 17.08.2016 and to quash the same.) 1. The minutes of the Executive Committee Meeting of the Tamil Nadu Medical Council, Chennai, dated 17.08.2016, reads as under:- The Executive Committee Meeting of the Tamil Nadu Medical Council resolves to accept the resignation of Dr.K.Senthil, President, Tamil Nadu Medical Council, submitted on 12.08.2016 and Dr.A.Jayalal, Vice-President, to continue as President In-charge of the Tamil Nadu Medical Council. 1.1. This impugned resolution, dated 17.08.2016, of the Executive Committee of the Tamil Nadu Medical Council, Chennai, (second respondent) allegedly accepting the alleged resignation of the President, Dr.K.Senthi...
Tag this Judgment!Court : Chennai
(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the order passed in M.A.SR.No.4870 of 2016 in O.A.No.219 of 2014 dated 21/6/2016 passed by the first respondent and quash the same and consequently direct the first respondent to withdraw the recovery certificate issued in D.R.C.No.122 of 2016, dated 2/2/2016, thereby directing it to make fresh determination.) S. Manikumar, J. 1. The petitioner has availed Over Draft facility of Rs.15 lakhs (Rupees Fifteen lakhs only) from Tamilnad Mercantile Bank Ltd., Royapettah, Chennai 600 014. Due to financial distress, she could not repay the loan amount. After her loan account was classified as NPA, she had paid Rs.1 lakh (Rupees One lakh only), on 28.11.2011. Thereafter, on 08.02.2012, she moved an application under the SARFAESI Act, 2002, in S.A.No.30 of 2012, before the Debts Recovery Tribunal, Madurai. An interim order was passed, directing the peti...
Tag this Judgment!Court : Chennai
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...
Tag this Judgment!Court : Chennai
(Prayer: Memorandum of Grounds of Civil Miscellaneous Appeals under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 17.11.2012 made in M.C.O.P.Nos.1114 and 1115 of 2009 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Dharmapuri.) 1. M/s United India Insurance Company Limited, Dharmapuri, aggrieved by the award made in M.C.O.P.Nos.1114 and 1115 of 2009 dated 17.11.2012 passed by the Motor Accident Claims Tribunal, Subordinate Judge, Dharmapuri awarding a compensation of Rs.53,798/- and Rs.3,74,821/- with interest at the rate of 7.5% per annum from the date of petitions till realisation to the respective claimant, has filed these appeals questioning the liability and quantum. 2. Mr.J.Chandran, learned counsel for the appellant Insurance company heavily contended that when sufficient evidence, both oral and documentary, were produced by the insurance company that at the time of accident, the vehicle was covered with an Act policy and no...
Tag this Judgment!Court : Chennai
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records relating to the order, dated 10.09.2014 made in RA(SA) No.49 of 2013, on the file of the Debts Recovery Appellate Tribunal, the first respondent herein and quash the same.) S. Manikumar, J. 1. Challenge in this writ petition, is to an order made in RA(SA) No.49 of 2013, dated 10.09.2014, on the file of the Debts Recovery Appellate Tribunal, the first respondent herein, by which, the Appellate Tribunal has ordered the writ petitioner to pay the deficit court fee, and granted time, upto 03.12.2014. 2. According to the writ petitioner, he is the owner of the property comprised in Plot.No.69, Harita Enclave, Survey No.384 of 1A1 and 1A2 situated in Tambaram Village and Taluk, Kanchipuram District, admeasuring about 3160 sq.ft., having purchased the same fromMr.C.N.Embar and Mr.A.S.Ramanujam, both represented by power of Attorney Mr.V.Balasubramanian (Doc.No...
Tag this Judgment!