Chennai Court August 1952 Judgments
Poppatlal Shah, Partner of Indo-malayan Trading Company Vs. State of M ...
Court: Chennai
Decided on: Aug-29-1952
Reported in: AIR1953Mad91; (1952)IIMLJ593
Venkatarama Ayyar, J.1. The appellant is a partner of a firm of merchants called 'Indo-Malayan Trading Company' and has been convicted in proceedings taken under Section 15 of the Madras General Sales Tax Act for failure to pay the tax which had been imposed on the said firm. The Indo-Malayan Trading Company carries on the business of purchasing and selling groundnut oil, sago and kirana articles and has its head office in the City of Madras.The usual course of business is that the firm receives orders from merchants in Calcutta for the supply of these articles; the orders are accepted in Madras; the articles are purchased in the local markets and despatched to Calcutta by rail or steamer. The relative railway receipts or bills of lading are taken in the name of the sellers and so are the insurance policies. They are then forwarded to their bankers in Calcutta who deliver the same to the consignees on payment of the price and other charges. During the period from 1-4-1947 to 31-12-1947...
Tag this Judgment!V.M. Syed Mohamed and Co. and anr. Vs. the State of Madras Represented ...
Court: Chennai
Decided on: Aug-29-1952
Reported in: AIR1953Mad105; (1952)2MLJ598
Venkatarama Ayyar, J.1. These writs raise the question of the validity of the Madras General Sales Tax Act, IX of 1939, and of the Turnover and Assessment Rules, 1939 framed thereunder hereinafter called the Rules. The petitioners in Writ Petition No. 21 of 1952 are doing business as tanners in Eluru. The course of business is that they purchase raw hides & skins & tan them in their own tannery. They hold a licence as tanners under the Act, Under Rule 15, they were submitting monthly returns of hides and skins purchased by them for the purpose of tanning, in form No. A-4 and an order was passed on 23-2-1951 on the basis of these returns determining the tax payable at Rs. 10,180-7-3.Payments amounting to Rs. 4,790-13-0 had been made by the petitioners towards the amount of the tax and for the balance Rs. 5,389-10-3 remaining payable, a demand was duly made by notice under Rule 15 (4). No appeal was taken against theorder of assessment and it has become final. Norwas any action institute...
Tag this Judgment!Syed Unnisa Vs. Rahimuthunissa and ors.
Court: Chennai
Decided on: Aug-29-1952
Reported in: AIR1953Mad445; (1953)IMLJ271
Krishnaswami Nayudu, J.1. This second appeal mainly raises the question of the scope and applicability of the Muslim Personal Law (Shariat) Application Act, Act No. 26 of 1937. The plaintiffs claiming to be the daughter and widow of one Fakruddin instituted the suit for a declaration that they are entitled to enjoy the properties mentioned in the plaint, manage the durgah, perform the Urs festival and receive all the incomes, endowments and perquisites thereof once in every eight years according to their turn on the ground that the properties originally belonged to four Mussalmans and they have been enjoyed from time immemorial for a number of generations in four equal shares by the respective descendants of four persons mentioned and that the plaintiffs and the defendants are the descendants of one Shaikh Mohammed. Their case is that their turn conies once in every eight years. In 1926 during their turn they performed the Urs festival and in April 1934 when arrangements were made for ...
Tag this Judgment!Mamidi Harihararayulu and ors. Vs. Annavarapu Bangarayya
Court: Chennai
Decided on: Aug-29-1952
Reported in: AIR1953Mad569; (1953)IMLJ24
Ramaswami, J.1. This civil miscellaneous appeal has been placed on the list, subject to the question of the maintainability of the same being decided.2. The facts are: Annavarapu Bangarayya, the decree-holder in O. S. No. 115 of 1837, on the file of the District Munsif's Court, Masulipatam, filed an application dated 21-2-1951 under Sections 476 and 195, Criminal P.C. in the Court of the District Judge of Krishna praying that the Court may be pleased to sanction and launch prosecution proceedings against the respondents Mamidi Hari Hararayulu, Dora Krishnarao and Kosaraju Venkateswara Rao, who had obstructed the amin of the District Court while he was discharging his duties in effecting attachment of certain movables of the judgment-debtor Mamidi Hari Hararayulu in E. P. No. 316 of 1949 in O. S. No. 115 of 1937. The District Judge had before him the report of the amin and the connected papers. Notice was given to the respondents and the learned Judge heard arguments of the vakils for t...
Tag this Judgment!In Re: Kasi Raja, Proprietor, Thiruveswarar Rice Mills, Ariyur
Court: Chennai
Decided on: Aug-28-1952
Reported in: AIR1953Mad156; (1952)2MLJ848
ORDERRamaswami, J.1. This is a Criminal Revision Case which has been filed against the conviction and sentence of the Second Additional First Class Magistrate of Thiruchirapalli in S. T. Case No. 129 Of 1951.2. The facts are: The petitioner Kasi Raja son of Periyasami Muthuraja is the proprietor of the Thiruveswarar Rice Mills, Ariyur. This proprietor employed a driver who has been examined as P. W. 3 in this case for driving the rice mill. On the night of 21-10-1950 at about 2-30 A.M. the Taluk Supply Officer, who has been examined as P. W. 1, made a surprise visit. Then he found that the driver was hulling four kalams of paddy belonging to one Appu Ayyar of Ariyur village without a permit, The proprietor was absent from the place. Therefore the Taluk Supply Officer recorded statements from the engine driver as well as the village Munsif. The statement given by the driver is Ex. P-l and the statement given by the village Munsif is Ex. P-2. In the statement given by the driver and from...
Tag this Judgment!In Re: Muniyandi
Court: Chennai
Decided on: Aug-26-1952
Reported in: AIR1954Mad196; (1952)IIMLJ745
Chandra Reddi, J.1. The appellant has been convicted by the Sessions Judge of Chingleput of the offence of murder under Section 302 read with Section 34, I. P. C. and sentenced to be hanged. He has also been convicted under Section 392, I. P. C. and sentenced to seven year's rigorous imprisonment.2. The case for the prosecution is very simple and lies in a very narrow compass. One Kalyanasundaram the deceased and P. W. 1 Balasubramaniam who were accountants in the firm of Cannon Dunkerly, cashed a cheque for Rs. 5600 at a bank in Madras and were proceeding to Thiruvottiyur for paying wages to the employees of the firm. The deceased Kalyanasundaram was riding the cycle and P. W. 1 was seated on the carrier. The money bags were slung on either side of the handle bar. When they had gone a few furlongs from Thiruvottiyur two men appeared on the scene and asked these people going on bicycle to stop. One of the persons was armed with a revolver and the other with a knife. The person armed wi...
Tag this Judgment!In Re: Ramaswami Reddiar and anr.
Court: Chennai
Decided on: Aug-22-1952
Reported in: AIR1953Mad138; (1952)2MLJ814
1. The two appellants, who incidentally bear the same name, have been found guilty under Section 302 I.P.C. of the murder of Sellappa Reddiar, an elderly man in the early hours of the 17th of May 1951 on a pathway leading from Paravoi village to Ariyalur, the nearest centre with a District Munsifs court and regular lawyers.2. The prosecution case is that the 1st accused and the deceased were proceeding together from their village of Vedakkalur to Ariyalur via Paravoi where they halted for some hours on the night of the 16th of May 1951. They left Paravoi together in the early hours of the 17th of August when about 11/2 miles from Paravoi, the 2nd accused with implements for murder and burial by prior arrangement with the 1st accused came on the scene. Sellappa Reddiar was killed on the pathway and then buried about half a furlong away. It was not till the 24th of May seven days later that his body was dug up.3. The motive centres round the deceased's young wife Eangaru Ammal P. W. 2, n...
Tag this Judgment!In Re: Sundara Nadar
Court: Chennai
Decided on: Aug-20-1952
Reported in: AIR1953Mad142; (1952)2MLJ748
ORDERRamaswami, J.1. This is an application under Article 228 of the Constitution of India for withdrawing C.C. No. 1419 of 1951 on the file of the City First Class Magistrate's Court, Madurai, to the High Court. 2. The facts are: On 24th October 1951 on information received, premises bearing door No. 3, Veerabhadra Aiyar Lane, South Veli Street, Madurai, was searched after complying with the formalities prescribed by law. The third and fourth accused are living in door No. 3 and the first and second accused were found manufacturing explosives and on searching the premises articles which are obviously and exclusively required for the manufacture of explosives and components of explosive substances were found. These four persons have been charged, the first and the second for the manufacturing and the third and fourth accused for allowing 1 and 2 to manufacture explosives such as fire-works, crackers etc. in a residential locality without any licence or permit. I may add for the complet...
Tag this Judgment!M.D. Krishnamurthy Vs. Deputy Registrar of Co-operative Societies, Che ...
Court: Chennai
Decided on: Aug-20-1952
Reported in: AIR1953Mad542; (1952)2MLJ868
ORDERSubba Rao, J.1. This is an application for issuinga writ, of certiorari to quash the order of theDeputy Registrar of Co-operative Societiesdated 15-4-1952.2. The petitioner was elected as a Director of the Triplicane Urban Co-operative Society Ltd., in February, 1952. One of the paid employees of the said Society is one Rajagopalan. The petitioner and Rajagopalan have married sisters. On 26-3-1952, the Deputy Registrar of Co-operative Societies issued a notice to the petitioner calling upon him to show cause why he should not be removed from the Board, of Directors on the ground that he was a near relative of one of the paid employees of the Society. The petitioner offered his explanation by his letter dated 9-4-1952. On 15-4-1952 the Deputy Registrar made an order declaring that the petitioner would cease to be a director of the Triplicane Urban Co-operative Society. The aforesaid petition has been filed to quash that order.3. The learned Counsel for the petitioner raised before ...
Tag this Judgment!Dr. K.C. Nambiar Vs. State of Madras by Its Chief Secretary and ors.
Court: Chennai
Decided on: Aug-19-1952
Reported in: AIR1953Mad351; (1953)IMLJ49
ORDERSubba Rao, J.1. This is an application for issuing a writ of certiorari to call for the records and quash the order of the Government of Madras dated 9-9-1950. The petitioner is a doctor. Premises No. 2/157 Pursawalkam High Road is owned by three brothers, P. Sourirajulu Naidu, Rangarajulu Naidu and Dhanarajulu Naidu. On 10-10-1938 the petitioner took the said house on, lease for the purpose of running a nursing home, since .that time he has been running a nursing home under the name and style of 'Nambiar's hospital'. On 6-2-1945 Sourirajulu Naidu, since dead, filed an application before the Rent Controller, H. R. C. No. 3939 of 1945 for evicting the petitioner on the ground that he made a default in the payment of rent. But that was dismissed on 13-12-1945. In October 1946, he filed another application, H. R. C. No. 5244 of 1946, seeking to evict him on the ground that the petitioner was in arrears of rent and that he wanted the premises for his personal use. On 5-7-1947 the Hous...
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