Chennai Court September 1951 Judgments
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In Re: K. Anandan Nambiar
Court: Chennai
Decided on: Sep-11-1951
Reported in: AIR1952Mad117; (1952)1MLJ1
Mack, J.1. This is a petition under Article 226 of the Constitution by K. Anandan Nambiar a Member of the Madras Legislative Assembly. He was arrested on 4th May i949 and detained under the Maintenance of Public Order Act. He ha& since been continuously under detention. He has applied to us lor the issue of a writ by way of mandamus or other appropriate writ to declare and enforce his right to attend the present sittings of the Legislative Assembly now in progress either freely or with such restrictions as may be reasonably imposed. He also complains that his letters to the Legislature addressed to the Chairman of the Committee of Privileges have been withheld by the Superintendent, Central Jail and seeks a declaration of his right to communicate with the Legislature in his capacity as a member without let or hindrance from prison.2. Petitioner was elected from the Railway Trade Union Labour Constituency at the general elections in 1946 on the Communist party ticket. He still retains h...
In Re: Muddamma Malla Reddi and ors.
Court: Chennai
Decided on: Sep-11-1951
Reported in: AIR1954Mad190; (1951)IIMLJ635
Mack, J.1. The nine appellants, who were A. 1 to A. 9 have been found guilty under Section 148, I. P. C. of waylaying one Chinna Subbi Reddi, Village Magistrate of Feddapasupala village at about 4-30 p.m. on 3-11-1949 while he was returning on a cycle to his village from Jamalamadugu and beating him with sticks and a hatchet with the result that he died in hospital the next day. Appellants 10, 11, 12 were acquitted. A. 2, who was found guilty of striking him on his head with a hatchet, has been sentenced under Section 302, I. P. C. to transportation for life. Accused 1 and 3 to 9 have been sentenced under Section 326, I. P. C. read with Section 34, I. P. C. to 5 years' rigorous imprisonment. We are unable to follow why charges were framed in the alternative under Section 34, I. P. C., while a separate charge was framed under Section 302, I. P. C. read with Section 34, I. P. C. against accused 1 to 10 and A. 12 and an alternative charge under Section 302 read with Section 149, I. P. C. ...
Gudivada Jagannadham Vs. A.S. Krishna and Co., Ltd. and anr.
Court: Chennai
Decided on: Sep-10-1951
Reported in: AIR1953Mad208; (1952)1MLJ156
ORDERSubba Rao, J.1. This is an application for issuing a writ of certiorari to quash the order of the Additional Subordinate Judge of Guntur made in an appeal filed against the order of the Rent Controller of Guntur.The first respondent is the owner of a three-fifths share in the house and premises bearing door No. 7411 in Guntur Municipality. The petitioner is a tenant in respect of that share. It is not necessary to notice the previous litigation between the first respondent and others whereunder the first respondent's right to three-fifths share in the suit premises was recognized and declared) as the title of the first respondent to that share is not now disputed before me. The first respondent filed H.R.C. No. 13 of 1949 under Section 7 (2) (1) of the Madras Act 25 of 1949 for evicting the petitioner. It was alleged in that petition that the house required urgent repairs and also that the petitioner made a default in payment of the rent. That application was filed on 2nd February...
Paledugu Nagaratnamma Vs. Kogant Seetharamamma (Minor) and ors.
Court: Chennai
Decided on: Sep-10-1951
Reported in: AIR1952Mad237
ORDERBasheer Ahmed Sayeed, J.1. The point that arises for consideration in this civil revision petition is whether the learned Subordinate Judge was right in having declined to amend the decree and judgment in order to provide for the payment of interest on the unpaid purchase money directed to be paid by the plaintiff to the 1st defendant. The judgment as well as the decree drafted in accordance with the judgment did not provide for payment of any interest on the unpaid purchase money. The first defendant took out an application to amend the Judgment and decree in order that such a provision may be made by the Subordinate Judge. The application was made under Sections 151 and 152 C. P C, and the learned Counsel for the petitioner urges that under Section 55(4) of the T. P. Act his client was entitled statutorily for payment of Interest on the unpaid purchase money directed to be paid to her under the judgment and decree. I do not think that it can be denied that interest should have b...
A.C.S. Kandaswami Reddiar and ors. Vs. the Textile Commissioner of the ...
Court: Chennai
Decided on: Sep-07-1951
Reported in: AIR1952Mad409; (1951)2MLJ658
ORDER1. These are two petitions filed under Article 226 of the Constitution. The petitioners 1 to 3 in C. M. P. No. 5917 of 1951 are certain cotton growers in the district of Tinnevelly and petitioners 4 to 8 are merchants who are carrying on business in cotton. These petitions have been filed by them questioning the validity of the two notifications S. R. O. Nos. 379 and 388 dated 19-3-1951 issued under Clause 18 and Clause 6 respectively of the Cotton Control Order, 1950.2. The relevant portion of S.R.O. No. 379 runs as follows:'I hereby direct that notwithstanding anything contained in the Textile Commissioner's notification No. S.R.O. 597 no person shall except in accordance with the permission in writing of the Textile Commissioner, the Director (cotton) or an Assistant Director (cotton) in the office of the Textile Commissioner transport or cause to be transported kapas or cotton by rail, road or water from any place within any of the areas described below to any place outside th...
R. Balakrishnan Vs. State of Madras Represented by the Director of Con ...
Court: Chennai
Decided on: Sep-07-1951
Reported in: AIR1952Mad565; (1952)1MLJ514
1. In these two applications some of the provisions of the Cotton Textiles (Control) Order, 1948, were challenged as being opposed to certain articles of the Constitution of India. This order was made by the Central Government in exercise of the powers conferred by Section 3 of the Essential Supplies (Temporary Powers) Act, 1946. It came into force on 2nd August 1948 in the place of an earlier order of February 1948. Two classes of special officers to work the provisions of this order are contemplated. One is the controller who is the principal officer appointed by a provincial Government for the administration, of the textile control and the other is the Textile Commissioner appointed by the Central Government. This order provides for the control of raw materials and stores as well as cloth and yarn. In these two applications we are only concerned with the provisions relating to cloth and yarn. Clause (12) of the order runs as follows:"12 (1) No producer who has no spinning plant shal...
Ramachanduruni Purushotham Vs. Ramachanduruni Venkatappa and anr.
Court: Chennai
Decided on: Sep-06-1951
Reported in: AIR1952Mad150; (1951)2MLJ561
Rajamannar, C.J.1. This application relates to the office of the Karnam of Tangutur village, Ongore taluk, Guntur District. One RamKrishnayya was the holder of this office till 23rd Nov-ember 1922 when he died. He left behind him two sons. The first respondent Venkatappa was then a major and the petitioner Purushotham a minor. The first respondent renounced his right to the office by a letter addressed to the Revenue authorities and the petitioner was recognised as the Karnam of the village by an order of the Sub Collector dated 4th February 1923. As he was a minor he was registered as Karnam with his paternal uncle as deputy. He attained majority in due course and took charge of the office in 1927 and ever since that date he has been discharging the duties of his officer. While 60, on 6th March 1950 the Government passed an order purporting to be in the exercise of the powers conferred by Section 2(c) of the Madras Restoration of Village Officers (Validation) Act, Madras Act XVIII of ...
In Re: Mottai thevar
Court: Chennai
Decided on: Sep-06-1951
Reported in: AIR1952Mad586; (1951)2MLJ605
Mack, J.1. Appellant, a young man aged 20, has been found guilty under Section 302, I. P. C. and sentenced to death by the learned Sessions Judge of Coimbatore for the murder of one Muthuswami Goundan, who was incidentally sentenced to transportation for life in 1926. After serving his sentence, he returned to his village Andhiyur and lived with his younger brother P.W. 9. The deceased had the right, it would appear, to collect tolls at the Andhiyur shandy from hawkers.2. The prosecution case is that on 20-11-1950 on shandy day in this village, the appellant came to the Police station at about 2-30 p.m. with a blood-stained spear. The statement recorded from him by the Sub-Inspector (P.W. 15) was ruled out as inadmissible in evidence quite rightly but most unfortunately in this case as, under Section 25 of the Evidence Act, a confession made to a police officer cannot be proved against an accused. The Sub-Inspector immediately after recording the accused's statement and taking him into...
Mannarghat Union Motor Services Ltd., Mannarghat, South Malabar Vs. Re ...
Court: Chennai
Decided on: Sep-04-1951
Reported in: AIR1953Mad59
ORDERSubba Rao, J. 1. This is an application for the issue of a Writ of Certiorari to quash the orders of the Regional Transport Authority, Malabar, The Central Road Traffic Board and the State of Madras. The petitioners are the Mannarghat Union Motor Services Ltd. They are plying buses with stage carriage permits in South Malabar since the year 1936. The Regional Transport Authority published a notification R. No. 23589 A. 2/49 on 24th February 1949 inviting application for the issue of a temporary permit for a bus on Calicut-Areakode via Feroke and Kundotty. Two persons applied for the permit but the proceedings were dropped as in April 1949 the Regional Transport Officer and Secretary stated that as the Central Road Traffic Board directed the Regional Transport Authority to issue pucca permits for stage carriages in the same route the notification was cancelled. The Regional Transport Authority, Malabar, issued a notice dated 16th May 1949 under Section 57(2) of the Madras Motor Veh...
Governor-general in Council Owning the B.B. and C.i. Rly. Represented ...
Court: Chennai
Decided on: Sep-04-1951
Reported in: AIR1952Mad795; (1952)IIMLJ24
ORDERBasheer Ahmed Sayeed, J.1. This civil revision petition is by the Governor-General in Council owning the B. B. & C. I. Railway represented by the General Manager seeking to set aside the decree passed by two Judges of the Presidency Small Causes Court, Madras, in a New trial Application preferred by the respondent against the judgment of the Chief Judge of the Court of Small Causes, Madras, dismissing the claim for loss sustained by the respondent by the failure of the company to deliver one bale of textiles.2. Both the trial Judge as well as the two Judges who heard the New Trial Application came to the conclusion that the loss of one bale of textiles consigned by the respondent was due to the misconduct of the Railway Administration itself and not by any other agency outside the Railway Administration. Both are of the definite opinion that some of the railway employees were responsible for the less of this one bale in question. The misconduct of the employees of the Administrati...
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