Chennai Court November 1954 Judgments
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A.V. Sreenivasalu Naidu Vs. V.K. Nataraja Goundan and anr.
Court: Chennai
Decided on: Nov-12-1954
Reported in: AIR1955Mad461
Govinda Menon, J.1. The appellant before us is the defendant in the court of the first instance, in a suit for redemption of a mortgage on the plaint-mentioned properties, which was dismissed by the trial court but decreed in appeal by the learned District Judge. Objecting to that redemption decree, the present appeal has been preferred. The plaintiff claimed to be the assignee from an auction-purchaser of the property in question under a sale certificate, Ex. A. 3, dated 12-6-1934 issued in favour of his assignor and on the death of the plaintiff pending the appeal in the lower appellate court his legal representatives who are the contesting respondents before us have been brought on record. The defendant claims title to the properties through his predecessor-in-title under a sale, Ex. B. 1, dated 4-12-1929 and the sole point for consideration in this second appeal is as to which of the sales ought to prevail.2. A few facts may be stated in order that the proposition of law may proper...
In Re: Khyrunnissa Begum and ors.
Court: Chennai
Decided on: Nov-11-1954
Reported in: AIR1955Mad459
Ramaswami, J.1. This is is a petition for succession certificate by the step-mother, full-brother, stepbrothers and step-sisters of deceased Zaibunnissa Begum in respect of a 3/4th share in regard to two insurance policies viz., Policy No. 227835 for Rs. 2000 with the Oriental Life Assurance Company Ltd., and Policy No. 25065 for Rs. 3000/- with the United India Life Assurance Company Ltd. This petition is opposed by the heirs of the deceased Zaibunnissa's husband Mohamed Abdulla, the assured under these policies. 2. The facts are: Mohamed Abdulla who was employed in the Prohibition Department took out these two policies maturing after a stated period or payable at death. He assigned on 9-10-1928 the policy taken with the Oriental Insurance Company in favour of his wife Zaibunnissa Begum. The endorsement of assignment recites that the assignment was made out of natural love and affection and that the benefits under the policy are to revert to the assignor or to his estate on the previo...
Appa Rao Vs. Salem Motors and Salem Radios and Electricals
Court: Chennai
Decided on: Nov-11-1954
Reported in: AIR1955Mad505; (1955)2MLJ188
Rajagopala Ayyangar, J.1. This is an appeal against the judgment of Mack J. directing the appellant who was the third defendant in the suit C. S. No. 387 of 1917 to pay to the plaintiffs a sum of Rs. 7150 with interest as damages for the conversion of a motor van belonging to the plaintiffs.2. The plaintiffs are a firm of motor dealers carrying on business in Salem. They filed the suit, C. S. No. 387 of 1947, out of which this appeal arises, against two defendants for reliefs under several heads. There has been a decree by consent against the first defendant in respect of certain claims made against him for refund of advance etc. and we arc no longer concerned with those claims. The second defendant has by consent been discharged from the case and the appeal is concerned merely with the rights as between the plaintiffs and the third defendant against whom a decree has been passed.3. The first defendant Alavandar Naidu was carrying on business in Madras under the name and style of 'The ...
T. Arumuga Mudaliar and anr.
Court: Chennai
Decided on: Nov-11-1954
Reported in: AIR1955Mad622
ORDERRamaswami, J.1. The office has put up these papers for orders.2. One Velu Mudaliar died intestate and two persons came forward asking for Letters of Administration and their petition was O.P. 295 of 1953. The net assets in this case have been shown as Rs. 2600.3. Notices having been issued and notifications having been made and all formalities prescribed by law having been complied with and no opposition forthcoming. Letters were granted as prayed for oft 26-11-1953. The petitioners have neither submitted an inventory due on 26-5-1954 nor the accounts they were bound to submit. Steps have been taken to contact the petitioner and firstly; the advocate who appeared for them Mr. T.K. Rangaswami reported no instructions and then notices were issued through Court and they have been returned unserved with the endorsement that the whereabouts of the persons who took out the Letters are not known. The office has therefore put up these papers for orders.4. Under Section 263, Succession Act...
East India Industries (Madras) Ltd. Vs. the Industrial Tribunal, Fort ...
Court: Chennai
Decided on: Nov-05-1954
Reported in: AIR1955Mad242; (1955)IILLJ470Mad
Rajamannar, C.J.1. This appeal against the Judgment of RajagopalaAiyangar J., arises out of a reference by the Government to the Industrial Tribunal, Madras, foradjudication of a dispute between the workersand the management of the East India Industries(Madras) Ltd., in respect of the discharge of oneA.K. Gopal. Gopal was a time-keeper in thecompany's factory till 6-3-1951, when he was transferred to the Stores Department. He apparentlytook this transfer as a de-promotion and enquired from the management on what ground he hadbeen thus published. . The management repliedthat the transfer did not involve any de-promotion. On the allegation that Gopal refused to dothe new work assigned to him, the managementdismissed him by their order dated 14-3-1951.The General Industrial Workers' Union, of workers in the establishment of the company, raiseda dispute regarding the justification of the dismissal of Gopal. It was suggested that the dismissal was due to the fact that he was the Secretary o...
Mohanasundaram and ors. Vs. Neelambal and ors.
Court: Chennai
Decided on: Nov-04-1954
Reported in: AIR1955Mad442
Rajagopala Aiyangar, J. 1. This is an appeal by the plaintiffs from the judgment of Mack J. and is directed against the terms of a preliminary decree for the taking of the accounts of a dissolved partnership. 2. The facts of the case ate not in controversy and may be briefly stated. On or about 31-7-1945 one G. K. Narasimha Mudaliar entered into a partnership with the defendant P. Arunachalam Chettiar (who died pending the suit and is now represented by his widow and sons who are the respondents before us) for the purpose of carrying on a business in hides and skins under the name and style of 'K. N. Arunachalam Chetti and Co.' Each of the partners contributed a capital of Rs. 10,000 and while Narasimha Mudaliar was entitled to a one-third share in the profits and loss, Arunachala was to have the rest of the two-thirds. During the subsistence of the term of the partnership Narasimha Mudaliar died on 2-6-1947 leaving the plaintiffs as his representatives with the result that the partner...
Dr. M. Venahanarasimham Vs. State of Madras and anr.
Court: Chennai
Decided on: Nov-04-1954
Reported in: AIR1955Mad628; 1955CriLJ1507
ORDERRajagopalan, J.1. This is an application under Article 226 of the Constitution for the issue of a writ of certiorari to set aside the order of the Government of Madras in G.O.Ms. No. 3729 (Health Department) dated 20-10-1953.2. The petitioner is a registered medical practitioner of more than 20 years standing. On 11-2-1953, the Registrar of the Madras Medical Council, constituted under the Madras Medical Registration Act, (Act IV of 1914) communicated to the petitioner, the charge framed by the Madras Medical Council, that on 5-8-1932 the petitioner had granted an antedated vaccination and Cholera inoculation certificate and he was therefore guilty of infamous conduct in a professional respect.The Medical Council held an enquiry in accordance with the provisions of Act IV of 1914, held that the charge had been proved and directed that the petitioner be suspended for a period of one year. The petitioner appealed against that decision and punishment to the State Government under Sec...
Mura Mohideen Vs. V.O.A. Mohomed and ors.
Court: Chennai
Decided on: Nov-03-1954
Reported in: AIR1955Mad294
Rajagopala Ayyangar, J.1. This is an appeal against the Judgment of Balakrishna Aiyar J. in s. A. No. 57 of 1947 filed by reason of the leave granted by the learned Judge under Clause 15 of the Letters Patent.2. The appellants in this Letters Patent appeal were the defendants in the suit O. S. No. 497 of 1944 on the file of the District Munsif's Court of Tinnevelly filed by the respondents for the recovery Of the value of articles supplied to the defendants between 27-10-1941 and 19-1-1842. The plaintiffs were the partners of a firm which was carrying on business in Burma under the trade name of 'V. O. A. Alliar and Sons' which was registered under the law for the registration of partnerships in force in Burma. It was with this firm that the defendants-appellants had dealings as a result of which a sum of Rs. 1657-9-0 became due to the plaintiff-firm. When Burma was overrun by the Japanese both the partners of the firm 'V. O. A. Alliar and Sons' as well as defendants-appellants came ov...
Perumalswami Chettiar and ors. Vs. Rajammal
Court: Chennai
Decided on: Nov-03-1954
Reported in: AIR1955Mad339
Govinda Menon, J. 1. A recital of the facts which have led to this litigation will show the chequered history through which it has proceeded. Defendants in O. S. No. 23 of 1940 on the file of the Principal Subordinate Judge, Salem, are appellants before us, That was a suit on a mortgage for realisation of a certain amount by sale of the hypotheca. A preliminary decree was passed on 27-3-1941 giving time to the defendants to pay the amount with interest. It is stated by the defendants, but denied by the plaintiff's legal representatives, that on 14-5-1941 there was a settlement between the parties by which the plaintiff was to receive a sum of Rs. 3600 in full satisfaction of the whole amount due to him and accordingly on that date a sum of Rs. 600 was received by the plaintiff. It is further stated by the defendants, but again denied by the plaintiff's legal representatives that on 26-5-1941 a sum of Rs. 3000 was also paid to the plaintiff. On 23-6-1941 the plaintiff-decree-holder file...
Samuel Stephen Richard Vs. Stella Richard
Court: Chennai
Decided on: Nov-02-1954
Reported in: AIR1955Mad451; 1955CriLJ1192
ORDERRamaswami, J.1. This is a petition under Section 25, Guardians and Wards Act.2. The facts are: The Petitioner Samuel Stephan Richard married the respondent Stella Richard on 28-5-1941. Both are Protestant Indian Christians and the Petitioner is an employee in the East Asiatic Company, Madras, drawing a salary of Rs. 75/- and clearness allowance of Rs. 47-8-0 per month and the respondent is a school mistress in an aided higher elementary school drawing a salary of Rs. 50/- per month. Out of this union a daughter Priscilla was borne on 20-4-1942. They were living amicably in Chintadripet, Madras. Then after the father of the petitioner died in June 1951, the petitioner and respondent moved to Pudupet and started living with the mother and sister of the petitioner. On account of the differences between the mother-in-law and the daughter-in-law, apparently separate cooking seems to have been set up. This did not solve the problem and there seems to 'have been bitter quarrels between t...
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