Chennai Court December 1954 Judgments
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A.P.S. Karuppaiah Nadar Vs. Special Dy. Collector for Land Acquisition ...
Court: Chennai
Decided on: Dec-07-1954
Reported in: AIR1955Mad406
Rajagopala Aiyangar, J.1. These are appeals filed by a claimant from the judgment of the Subordinate Judge of Ramanatha-puram at Madurai with reference to certain land acquisition proceedings and the point raised for consideration is whether the appellant was preclud-ed from claiming enhanced compensation before the learned Subordinate Judge by reason of the absence of any claim made before the Land Acquisition Officer.2. App. No. 185 of 1951 has been filed against a reference under Section 18, Land Acquisition Act, which was numbered as O. P. No. 67 of 1948 on the file of the Subordinate Judge of Ramanathapuram at Madurai and App. No. 211 of 1951 is directed against the order in O. P. No. 66 of 1948. In O. P. No. 67 of 1948, the appellant was awarded by the Land Acquisition Officer Rs. 1604-7-3 in 12-3. These figures were based upon the valuation of the lands at Rs. 24 per cent. The claimant-appellant made an application for reference claiming at the rate of Rs. 500 per .cent. The lea...
T. Krishnaswamy Chetty Vs. C. Thangavelu Chetty and ors.
Court: Chennai
Decided on: Dec-06-1954
Reported in: AIR1955Mad430
Ramaswami, J.1. This is an application for the appointment of a Receiver.2. The facts are: The applicant-plaintiff T. Krishnaswami Chetty has filed C. S. No. 295 of 1953 in the pauper form for a declaration that the alienations made in favour of defendants 1 to 3, respondents herein, of the suit houses described as items 1 and 2 of Schedule 'B' to the plaint are not valid and binding, for mesne profits, for possession and for other reliefs.3. In this suit he has filed this interlocutory application for the appointment of a Receiver for these suit properties pending disposal of the suit on the foot of the following allegations:'These properties originally belonged to one Rangiah Chetty, my grand-father who executed his last will and testament on 19-11-1910 of which probate was also obtained on 5-9-1913 in O. P. No. 29 of 1911 and T. O. S. No. 4 of 1911 on the file of this Hon'ble Court. Under the said will the testator made a provision for his heirs including his wife, daughters and dau...
D. Rajiah Vs. Inspector of Municipal Councils and Local Boards, Madras
Court: Chennai
Decided on: Dec-06-1954
Reported in: AIR1955Mad584
Rajagopala Ayyangar, J.1. This is an appeal against the judgment of Rajagopalan J. dismissing W. P. No. 660 of 1954.The appellant was the President of the Kivalur Panchayat Board, Negapatam taluk, and was elected to this office in March 1952. Under Section 21,Madras Village Panchayats Act, 10 of 1950, he would hold this office for a term of 3 years. But this was subject to the contingency of his being removed from office under the provisions of Section 47 of the said Act. The relevant portions of Section 47 which enable this removal to be effected by the Inspector of Municipal Councils and Local Boards run in these terms:'47(1): The Inspector may, by notification and with effect from a date to be specified therein, remove any president or vice-president, who, in his opinion, wilfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, by-laws, regulations or lawful orders issued thereunder, or abuses the power vested in him. (2) The Inspector may, by noti...
P. Saraswathi Bai Vs. P.T. Varadarajulu Naicker and ors.
Court: Chennai
Decided on: Dec-06-1954
Reported in: (1956)1MLJ223
Ramaswami, J.1. This is an application for leave to bring the property now in the possession of the third respondent to sale.2. To meet certain urgent expenses a registered deed of simple mortgage, dated 6th April, 1949, was executed by respondents 1 and 2, who are members of a joint undivided Hindu family in respect of their property No. 12, Venkatier Street, Muthialpet, in favour of the petitioner for a sum of Rs. 11,379-4-6. The mortgage deed confers specifically upon the mortgagee in this Presidency Town the right of private sale. Inasmuch as the mortgagors had failed to pay interest even for a single month, the principal and interest were accumulating and the value of house property was going down in Madras, the mortgagee took steps under Sections 69 and 69-A of the Transfer of Property Act. The property was brought to sale repeatedly after complying with all formalities required by Section 69, and Messrs. Murray & Co. were the auctioneers. But, owing to the obstructive tactics of...
K. Nagarathnammal Vs. S. Ibrahim Saheb and anr.
Court: Chennai
Decided on: Dec-03-1954
Reported in: AIR1955Mad305
Balakrishna Ayyar, J.1. On 24-3-1950, Komaravelu Pillai, the permanent hereditary karnam of the village of Thadikombu in Dindigul taluk died leaving him surviving a widow by name Nagarathnanimal and aminor son, Vellaswami, aged about 12 years. Byan order made on 4-9-1950, the Sub-Collector;Dindigul, registered Vellaswami as the permanentkarnam and appointed one Ibrahim Sahib to behis deputy during the period of his minority.Against this order of appointing Ibrahim Sahib as Deputy, Nagaratnammal, preferred an appeal to the District Collector, Madurai. Her prayer to the Sub-Collector appears to have been that one Nagaratnam, a relation of hers, should be appointed deputy, By an order dated 28-10-1950 the District Collector set aside the appointment of Ibrahim Sahib on the ground that it was undesirable to appoint a Muslim as deputy of a Hindu minor. As Nagaratnammal had intimated that she was willing to nominate Nagaratnam the District Collector directed the Sub-Collector to examine the ...
Swarnalingam Chettiar Vs. Assistant Inspector of Labour, Karaikudi Overruled
Court: Chennai
Decided on: Dec-03-1954
Reported in: AIR1955Mad716
ORDERSomasundaram, J. 1. This is a revision against issue of notice to the petitioner to show cause why a general search warrant as asked for by the Sub-Inspector of Karaikudi should not be issued. The warrant is to make a search of the premises of Karaikudi Railway Out Agency and obtain the documents mentioned in the list attached to the petition filed by the Sub-Inspector. Before this application was filed by the Sub-Inspector the accused himself was asked to produce certain documents. On that he came up in Crl. R. C. No. 677 of 1054 asking for quashing of that order on the ground that it offends Article 20(3) of the Constitution. A Bench of this Court following a decision of the Supreme Court in -- 'M. P. Sharma v. Satischandra', : 1978(2)ELT287(SC) (A) held that the petition must be allowed. In allowing the petition my Lord the Chief Justice and Rajagopala Aiyangar I, observed that the guarantee under Article 20(3) would extend to any compulsory process for production of evidentiar...
V. Govindan Vs. E.M. Gopalakrishna Kone and anr.
Court: Chennai
Decided on: Dec-01-1954
Reported in: AIR1955Mad391
Panchapakesa Ayyar, J.1. The appellant in this case is one V. Govindan, the first defendant in O. S. No. 5 of 1948 on the file of the District Judge, Madurai. He was the proprietor of Sakti Karyalayam of Madras, and published an English-English Tamil Dictionary, Ex. A. 2, in 1947. The second defendant one T.N. Subramanian of Madras (who has not appealed) was its compiler. The plaintiff E.M. Gopalakrishna Kone, a publisher of Mathurai, had published in 1932 itself, an English-English Tamil dictionary called the Excelsior Junior School Dictionary, the predecessor of Ex. A. 1, compiled by one K.V. Subba Iyer, a retired District Educational Officer. He sued the appellant and T.N. Subramanian, the second defendant, who compiled Ex. A, 2 for the appellant, for an injunction restraining them and their servants from editing, publishing or selling any of the copies of the Dictionary, Ex. A. 2, and for directing them to render true and proper accounts regarding the publication and sale of the di...
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