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Madras High Court Dismisses Writ Petitions Challenging CAT Orders on Seniority and Promotion in Defence Establishments. Petitioners' claim for retrospective seniority from date of promotion in parent department rejected as they were not parties to earlier proceedings and no discrimination established....

The judgment concerns two writ petitions filed by employees of the Ministry of Defence, Ordnance Factory Board. The petitioners, G.S. Rajkumar and M. Kalaiselvan, were originally employed at Heavy Veh...

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Madras High Court Allows Second Appeal in Property Dispute Between Siblings — Declares Plaintiff's Title and Possession Over Suit Property. Court holds that admission by plaintiff to give one house to defendant does not defeat his right to declaration and injunction, and that the First Appellate Court erred in modifying the decree without proper reasoning....

The case involves a property dispute between a brother (plaintiff) and his elder sister (defendant) over a suit property in Krishnagiri. The plaintiff claimed that he purchased the property on Februar...

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Madras High Court Partly Allows Second Appeal in Property Dispute Between Siblings — Declares Plaintiff's Title but Restricts Relief to RCC House Only. The court upheld the concurrent findings of the courts below that the plaintiff had proved his title and possession over the suit property, but modified the decree to exclude the thatched house from the relief, considering the plaintiff's admission....

The second appeal arises from a property dispute between siblings. The plaintiff, Murugesan, filed a suit for declaration and permanent injunction against his elder sister, Rajamma, claiming that he p...

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Madras High Court Dismisses Second Appeal in Customary Easement Case. Concurrent findings of fact regarding customary easement right to draw water through field bothie upheld under Section 100 CPC....

The plaintiff, Santhakumari, filed a suit seeking a declaration of customary easementary right to draw water for her land through a field bothie (Kanni) situated in Survey No. 829/1A, measuring 30 fee...

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  • 93
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Madras High Court Allows Second Appeal in Property Injunction Suit — Concurrent Findings Set Aside Due to Lack of Evidence of Title and Possession. Family Arrangement and Adverse Possession Claims Fail as Plaintiffs Failed to Prove Possession and Necessary Parties Were Not Impleaded....

The case involves a Second Appeal filed by the defendant Selvaraj against the concurrent judgments of the Trial Court and First Appellate Court which decreed the suit for permanent injunction in favor...

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  • 115
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Madras High Court Reduces Compensation in Motor Accident Case Due to Contributory Negligence of Deceased. Claimants' Cross Objection for Enhancement Dismissed as Tribunal's Assessment of Income and Multiplier Was Correct....

The case arises from a motor accident that occurred on 18.05.2021 when the deceased, Hari Prasad, was riding a motorcycle and was hit from behind by a lorry owned by the 6th respondent and insured by ...

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  • 122
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Madras High Court Dismisses FCI's Appeal in Customs Duty Refund Case — Limitation for Appeal Under Section 128 Cannot Be Condoned. Import of Section 129A to condone delay in first appeal under Section 128 is impermissible as Customs Act is a complete code....

The Food Corporation of India (FCI) filed a Civil Miscellaneous Appeal under Section 130(1) of the Customs Act, 1962 read with Section 104 of CPC, challenging an order of the Customs, Excise and Servi...

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Madras High Court Dismisses Insurer's Appeal in Motor Accident Claim; Upholds Compensation Award of Rs.22,98,000. Rash and Negligent Driving by Tanker Lorry Driver Established Through FIR and Eyewitness Evidence; Tribunal's Award Under Motor Vehicles Act, 1988, Section 173 Found Reasonable....

The appeal arose from a motor accident claim before the Motor Accident Claims Tribunal, Additional District Court (FAC), Namakkal. The claimants were the father and mother of the deceased Rajkumar, wh...

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  • 13
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Madras High Court Dismisses Second Appeal in Property Partition Suit — Confirms Concurrent Findings on Possession and Title. Preliminary decree for partition of 40 cents on eastern side upheld as plaintiff proved prior possession and joint ownership of well....

The second appeal was filed by the defendants against the concurrent judgments of the trial court and first appellate court in a suit for declaration and recovery of possession with alternative relief...

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Madras High Court Reviews Common Judgment in Writ Appeals Concerning Land Patta Transfer and Temple Encroachment Proceedings; Review Applicant Alleges Error Apparent on Face of Record. Review Applicant, a Spinning Mill Company, Contends That the Division Bench Overlooked Principles of Natural Justice, Res Judicata, and Statutory Provisions Under Tamil Nadu Act II of 1927 and H.R. & C.E. Act While Allowing Writ Appeals on 09.03.2021....

The review applications arose from a common judgment dated 09.03.2021 by a Division Bench of the Madras High Court, Madurai Bench, in W.A.(MD)Nos.106 and 107 of 2011. The review applicant was M/s.Raju...

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