Chennai Court November 1954 Judgments
B.S. Venkatarama Ayyar Vs. K.T. Kuppuswami Ayyar
Court: Chennai
Decided on: Nov-30-1954
Reported in: AIR1955Mad633
Somasundaram, J.1. This revision arises out of a suit filed by the tenant to recover the excess amount paid by him. The petitioner in this case is the landlord. The respondent was the tenant. The tenancy commenced on 15-5-1947 with the payment of Rs. 60 as advance rent and the monthly rent was agreed at Rs. 30. Subsequently the tenant filed a petition before the Rent Controller for the fixation of fair rent. On 7-6-1948 by an order of the Rent Controller, the rent was fixed at Rs. 6-4-0. It was taken up in appeal by the landlord and by an order dated 17-11-1948 the rent was fixed at Rs. 8-15-0.The suit is now filed on 13-11-1951 for recovering the excess amount that he paid. In the lower Court it was agreed that the period for which the excess amount was to be recovered was from 15-5-1947 to 27-5-1948. Among the several pleas that were taken by the landlord one was the plea of limitation. It was contended before thp lower Court that Article 62, Limitation Act, applied to the case under...
Tag this Judgment!Thaher Unnissa Begum Vs. Sherfunnissa Begum
Court: Chennai
Decided on: Nov-26-1954
Reported in: AIR1955Mad446; (1953)1MLJ538
Panchapakesa Ayyar, J.1. This is an appeal by one Thaher-unnissa Begum, wife of Syed Jaffar Mohideen Sahib, the judgment-debtor, against the order of the Principal Subordinate Judge, Salem, dated 14-7-1950, in R. E. P. No. 244 of 1949, in O. S. No. 34 of 1944 overruling her objection to the sale of certain properties, claimed by her to have been granted on 'Saswatha' patta to her by the judgment-debtor, in execution of the decree in O. S. No. 34 of 1944 by the decree-holder, and directing the sale to proceed.2. I have perused the entire records, and heard the learned counsel on both sides, and see no substance in this C. M. A.3. The appellant herein had claimed the same properties as hers by virtue of a patta given to her by her husband, the judgment-debtor, and had urged that her husband, the judgment-debtor, had no longer any rights in them except to the rent reserved. But she had not pressed that claim petition with tbe consequence that it was dismissed. She did not file also any su...
Tag this Judgment!T. Ramanujam Vs. Commr., Corporation of Madras and anr.
Court: Chennai
Decided on: Nov-24-1954
Reported in: AIR1955Mad366; (1955)ILLJ395Mad
ORDERRajagopalan, J.1. This is an application under Article 226 of the Constitution for the issue of a writ of certiorari to quash the orders passed from time to time by the officers of the Madras Corporation and by the Standing. Committee to which the petitioner appealed against the orders of these officers.2. The petitioner was employed in 1950 as the Head-master of one of the elementary schools maintained by the Corporation of Madras. On 23-8-1950 two charges were framed against him and he was called upon to explain. The petitioner applied for copies of certain documents to enable him to submit his explanation. But on 12-2-1951 the very act of asking for copies was treated among other things as an act of insubordination, and the petitioner's pay was reduced from Rs. 80 to Rs. 78. He was also transferred. Apparently the petitioner did not join his new post.The petitioner applied for leave with permission to retire. The petitioner's contention was that though it was the Commissioner o...
Tag this Judgment!In Re: Rup Lal Kapur
Court: Chennai
Decided on: Nov-24-1954
Reported in: AIR1955Mad429; 1955CriLJ1081
ORDERSomasundaram, J. 1. This is an application preferred by the accused in C. G. No. 1128 of 1954 on the file of the Chief Presidency Magistrate, Egmore. The accused was undefended in the lower Court. He was not represented in this Court to argue this petition. He was prosecuted for an offence under Section 235-A, I. P. C. but was acquitted of that offence. After acquitting the accused, the learned Magistrate passed an order confiscating some of the material objects, M. Os. 3 and 4, and directing the destroyal of M. Os. 1, 2, 5 and 6. Though the accused is not present in Court, the learned counsel who appears for the State Prosecutor has taken me through the evidence and the judgment and has pointed out how the order of the leamed Chief Presidency Magistrate, i.e., the order relating to the confiscation which he purports to pass under Section 99-A, Criminal P. C. is not sustainable. 2. The facts which led up to the prosecution are these: the police happened to search the premises whic...
Tag this Judgment!Ramamurthy Vs. President, Attur Co-operative Society, Attur
Court: Chennai
Decided on: Nov-22-1954
Reported in: AIR1955Mad417
ORDERRamaswami, J.1. This is an application for directions purporting to be under Section 302 of the Indian Succession Act. 2. The facts arc: One K. G. Krishnaswami Ayyar had three fixed deposits and a savings bank deposit amounting to Rs. 1842 in the Attur Co-operative Society, Salem District. This Krishnaswami Ayyar died on 4-3-1943 surviving him his widow Meenakshi Animal. One S. Ramamurthi, applicant herein, alleging that he was the sister's son of this Meenakshi Ammal filed an application for probate in regard to the will said to have been executed by Meenakshi Ammal on 5-7-1953 on the foot that he is to be construed as executor by implication. The only asset which this Meenakshi Animal is said to have bequeathed is the aforesaid deposits standing in the name of her husband. In those proceedings no notice had been taken to the relatives of Krishnaswami Ayyar or publication made in Salem district. Probate was granted in O. P. 42 of 1954. Thereupon this Ramamurthi has been dunning t...
Tag this Judgment!Public Prosecutor Vs. Kanniappan
Court: Chennai
Decided on: Nov-19-1954
Reported in: AIR1955Mad424; 1955CriLJ1080
ORDERBalakrishna Ayyar, J. 1. The Assistant Sessions Judge of North Arcot convicted one Kanniappan of an offence under Section 330 read with Section 511, I. P. C. and sentenced him to imprisonment till the rising of the Court and to pay a fine of Rs. 25/-. The learned Public Prosecutor has moved for an enhancement of the sentence. The convicted person has not appeared. 2. The facts are perfectly clear: A boy Periaswami was suspected of having committed theft in the house of Kanniappan the first accused, When questioned by Kanniappan Periaswami denied knowledge of the theft whereupon Kanniappan took him towards the police station. On the way they had to pass the house of accused 2, who joined them. Accused 1 and 2 tried to extort a confession from the boy. With that end they brought together both his hands, wrapped pieces of cloth round the hands, poured kerosene oil over the wrapping and set fire to it. Naturally, the boy's hands were burnt. The injuries were such that the boy had to r...
Tag this Judgment!In Re: T.K. Parthasarathi Naidu
Court: Chennai
Decided on: Nov-19-1954
Reported in: AIR1955Mad411
1. This petition has been placed before this Bench on a reference made by one of us, (Ramaswami J.) "for deciding authoritatively whether letters of administration with the will annexed should be for the entire estate under the will or for a specific portion or part thereof." The petitioner is one T.K. Parthasarathi Naidu, the son's son of T. Parthasarathi Naidu. The latter owned a half share in house No. 9, Sydoji Lane, Triplicane, Madras, his brother, Balayya, being entitled to the other moiety in that property. Jt would appear that those two brothers owned this property as their self-acquisition and not as a joint family property, and so, both of them joined in the execution of a will dated 29-5-1919, which they got registered. Under that will, both the brothers dealt with their respective half share in the property, and we are only concerned with the will in so far as it relates to the disposition of T. Parthasarathi Naidu, the grandfather of the petitioner. He died in November, 19...
Tag this Judgment!In the Matter Of: Subhodhaya Publications Ltd., Sachidananda Rao
Court: Chennai
Decided on: Nov-18-1954
Reported in: AIR1955Mad449
ORDERRamaswami, J.1. This is an application for leave under Section 171, Companies Act.2. The facts are : Messrs. T.V. Purushotham & Co. dealing in wines took a lease of portion of the Subhodaya Buildings, Mount Road, Madras, from the voluntary liquidators of the Subhodaya Publications Ltd., Messrs. C. Vasudevan and Raghavarama Sastri. In para. 2 of the affidavit of T.V. Satyanathan, it is stated that the rent for the said portion of the premises was agreed at the time of the tenancy at Rs. 200 p.m. and that subsequently the applicants learnt that according to the valuation of the building by the Corporation of Madras at Rs. 500, the said rent of Rs. 200 for the portion of the premises was too high. Therefore the applicants are stated to have filed Appln. No. 1675 of 1954 before the House Rent Controller, Madras, for fixing the fair rent. In the reply affidavit filed by the company it is stated that the voluntary liquidators agreed to rent the portion first at Rs. 150 p.m. and wanted t...
Tag this Judgment!Essor Engineering Works Vs. Collector of Madras
Court: Chennai
Decided on: Nov-18-1954
Reported in: (1955)ILLJ397Mad
ORDERBalakrishna Ayyar, J.1. The petitioner is the proprietor of an engineering firm called the Essor Engineering Works. In 1950 disputes having arisen between various engineering businesses in the city on the one hand and the employees on the other, a reference was made to the industrial tribunal under Section 10(2A) of the Industrial Disputes Act as it then stood. On 18 July 1950 Mr. Ramayya Pantulu who constituted the industrial tribunal, passed an award in the course of which he dealt with various matters. On the question of minimum wage he stated:I do not propose to determine the wages of workers other than unskilled workers a there are no adequate materials upon which it can be done.2. He, therefore, confined his adjudication on this part of the case to this point, namely, the wages that should be paid to the lowest category Of unskilled worker and he fixed that at Rs. 26 per mensem for 26 days (see Paras. 43 and 53 of the award). Dealing with the question of gratuity and provide...
Tag this Judgment!V. Narasimhachariar Vs. Egmore Benefit Society, 3rd Branch Ltd.
Court: Chennai
Decided on: Nov-16-1954
Reported in: AIR1955Mad135
Ramaswami, J.1. This is an application for ad-interim injunction filed in C. S. No. 322 of 1954.2. The facts are: The Plaintiff v. Narasimhachariar is a retired Assistant Secretary of the Government of Madras. The Defendant is a well known credit institution of this City with many branches viz. the Egmore Benefit Society, 3rd Branch Limited. The Society is run On the principles of a Nidhi or Permanent Fund viz. takes deposits and lends out moneys on first mortgages, jwellery etc. In fact but for such credit institutions the industrial and commercial life of this city will not be able to progress.The plaintiff executed a mortgage in respect of his houses No. 33 Gengu Reddi Road & No. 64 Egmore High Road, in favour of the defendant Society for Rs. 32.000/- payable With interest at 71/2 per cent per annum. This amount was borrowed to pay off a prior mortgage of 1947 executed in favour of one Thaiyanayagi Ammal. This loan was a special loan under the bye-laws of this Society repayable with...
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