Search Judgments

The Registration Act  Section 22-A ; Hindu Religious and Charitable Endowments Act & Registration Act – This case concerns a writ petition filed against the Executive Officer of Arulmighu Kalyana Ramasamy Thirukovil, Pudhukottai District, challenging a communication that requested the Sub Registrar to withhold registration of certain lands. The Executive Officer claimed the lands belonged to the temple, while the petitioner asserted ownership based on a civil court decree.

The petitioner had previously been denied claims regarding the land’s status as private property under Section 63 of the Hindu Religious and Charitable Endowments Act. The temple argued the petitioner obtained a collusive decree without involving the Hindu Religious and Charitable Endowments Department, attempting to register the document based on this decree, which the Sub Registrar rightly refused.

Motor Vehicles Act, 1988 – Section 163A and 166 – This appeal concerns a claimant seeking enhanced compensation for injuries sustained in a motor accident. The initial award by the Tribunal was Rs. 2,12,800, subsequently increased to Rs. 2,23,000 by the High Court, along with 7.5% interest from the petition date.

Indian Penal Code, 1860 (IPC) – Sections 302, 148, 149, 506B – Code of Criminal Procedure, 1973 (CrPC) – Section 313 – These appeals challenged the High Court’s dismissal of previous appeals, affirming the Trial Court’s conviction. Accused were convicted under IPC Sections 302 read with 149 and 148 for the murder of Goreylal. The prosecution alleged that the accused assaulted the deceased with lathis and stones, witnessed by his mother (PW-4) after being informed by his granddaughter (Indu Bai).

The appellants argued that PW-4, an interested witness, had material contradictions in her deposition and was a chance witness.

Constitution of India Article 226  – This writ petition challenges the age limit of 35 years prescribed by the 1st respondent in its recruitment notification dated 20.04.2022 for the post of Assistant Professor, arguing that it contradicts UGC Regulations and a resolution passed by the 2nd respondent. The petitioner, possessing extensive qualifications and experience, including a Ph.D. and a Master’s degree, currently works as an Assistant Professor on a contractual basis since 2017.

The petitioner’s application was initially kept in a sealed cover due to the age restriction.

The Constitution of India Article 226 – The petitioner seeks a direction to the Tamil Nadu Housing Board to reconsider his request to purchase the rented premises (MIG-I Type House No.MI-67) he occupies in Maraimalai Nagar, Nagapattinam, under the Sales Scheme introduced for existing occupants. The petitioner was allotted the house in 2002 on a rental basis after the formation of the new Nagapattinam District in 1991, when most of the unsold houses were allotted to government servants. The Housing Board introduced a scheme to sell unsold units to existing occupants. The petitioner could not avail of it due to financial constraints caused by the Tsunami and Gaja Cyclone.

Banking Regulation Act, 1949 – Section 45-ZA and Banking Companies (Nomination) Rules, 1985 – Rule 2(1) – This writ petition was filed seeking a Writ of Mandamus to direct the 1st respondent (Cooperative Society) to hand over the fixed deposit amounts of the petitioner’s deceased mother, C. Angammal, to the petitioner, based on his nomination under Section 45-ZA of the Banking Regulation Act, 1949, and Rule 2(1) of the Banking Companies (Nomination) Rules, 1985.

The petitioner claimed to be the nominee for fixed deposits worth Rs. 7,50,000 in his mother’s name with the 1st respondent.

Indian Penal Code (IPC) – Section 302 r/w 34- This case concerns an appeal against a judgment by the I Additional District and Sessions Judge, Coimbatore, convicting the appellant under Section 302 IPC for murder and sentencing him to life imprisonment. The prosecution’s case alleges that the accused’s sons stabbed the deceased (the husband of P.W.1) following a quarrel, and the accused also inflicted injuries.

The key prosecution witnesses, P.W.1 and P.W.2 (injured witness), gave inconsistent accounts of the injuries inflicted by the accused. Medical evidence confirmed the death was due to a stab wound to the neck, an injury not attributed to the accused.

Indian Penal Code (IPC) – Sections 498A, 302, 304(ii) and Criminal Procedure Code (Cr.P.C.) – Section 313, 428 – This case involves an appeal against a judgment by the Mahila Court, Trichy, convicting the appellant under Sections 498A and 302 of the IPC for causing the death of his wife. The prosecution’s case was that the appellant, suspecting his wife’s fidelity, assaulted her with a mason scale, leading to her death.

The appellant argued that the prosecution witnesses, including the children, were tutored and there were contradictions in their statements. He also claimed the deceased’s death was accidental.

Motor Vehicles Act, 1988 – This Civil Miscellaneous Appeal was filed by the wife and daughters of the deceased, challenging the award passed by the tribunal in MCOP No.148 of 2017, seeking enhancement of compensation for a fatal accident.

The accident occurred on November 4, 2016, when the deceased, riding a two-wheeler, was hit by a car from behind. The tribunal initially awarded Rs. 16,60,500/- as compensation after deducting 10% for contributory negligence, considering the deceased’s notional monthly income as Rs.

Motor Vehicles Act, 1988 – Section 173 – This case involves an appeal filed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal. The claimant sustained injuries in an accident involving a motorcycle. The Tribunal had awarded Rs. 2,18,230 as compensation.