Chennai Court September 1954 Judgments
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Southern Railways and anr. Vs. the Railway Rates Tribunal and ors.
Court: Chennai
Decided on: Sep-20-1954
Reported in: AIR1955Mad476; (1956)IMLJ395
Rajamannar, C.J.1. Both these petitions filed under Article 226 of the Constitution are directed against the Railway Rates Tribunal in respect of their proceedings on a complaint filed by a firm called the Engineering Supplies Co., Bombay, who carry on business in cast iron pipes, among other things, against the Southern Railways and the Central Railways under Sections 28 and 41(1), Railways Act 1890.2. The principal from and steel manufacturing centers of India are Bhadravati in Mysore and Bisco, Burnpur and Tatanagar in Bihar and Bengal. Bisco is the place where the factory of Bengal Iron and Steel Company is situated. ' The railways had been quoting special rates for the transport of cast iron pipes to various cities and towns in the country for over 20 years. From 15-10-1949, the full tariff rate for east iron pipes from Bhadravati to Bombay was Re. 1-1.5-1, but the special rate being charged was Re. l-3-6. The full tariff rate from Bisco to Bombay was Rs. 3-3-8 from 15-10-1949, bu...
In Re: B.N. Ramakrishna Naidu and anr.
Court: Chennai
Decided on: Sep-14-1954
Reported in: AIR1955Mad100; 1955CriLJ452
ORDERRamaswami, J. 1. These are two connected Revision Cases filed against the convictions and sentences of the learned 4th Presidency Magistrate, George Town, Madras in C. C. Nos. 7937 and 7941 of1953. The convicted person in C. C. No. 7937 of 1953 is B. N. Ramakrishna Naidu who was accused 2 therein and his Revision Case is No. 343 of 1954 and the convicted person in the other case, is Viswanathan Chetti whose Revision Case is 344 of1954. E. N. Ramakrishna Naidu has been fined Rs. 100/- and Viswanathan Chetti has been fined Rs. 50/- and the sandalwood billets in both the cases have been ordered to be confiscated to the Government. The convictions were under Section 65, City Police Act. 2. The short facts are: There were frequent thefts of sandalwood logs in the Government Forest in Chittoor and the adjoining Tirumalai Devasthanam forest. These thefts were taking place between May 1952 and November 1852. The Tirumalai Tirupathi Devasthanam had complained of these thefts to the Tirumal...
Registrar of Joint Stock Companies, Madras Vs. Dalmia Cement (Bharat) ...
Court: Chennai
Decided on: Sep-10-1954
Reported in: AIR1955Mad28; [1954]24CompCas485(Mad)
Rajamannar, C.J.1. The learned Advocate-General intimated to us that this appeal against the judgment of Ramaswami Goundar J. has been filed by the Registrar of Joint Stock Companies, Madras, to obtain a ruling from this Court on the correct interpretation of the proviso to Section 131(1), Companies Act.The impendent, a limited company, was incorporated on 1-11-1951. Under Section 131(1) of the Act, the directors of every company have at some date not later than 18 months after the incorporation of the company, to lay before the company in general meeting, a balance sheet and profit and loss account. The directors of the respondent company, therefore, had to lay before the general meeting of the company a balance sheet and the profit and loss account on or before 30-4-1953. For various reasons, with which we are not concerned, the directors were unable to do so. They, therefore, applied to the Registrar to extend by three months the time within which they could do so. The Registrar dec...
Srinivasa Reddiar and ors. Vs. P. Krishnaswami Reddiar and ors.
Court: Chennai
Decided on: Sep-10-1954
Reported in: AIR1955Mad72; 1955CriLJ323; (1956)IMLJ68
Rajamannar, C.J.1. This is an appeal under Clause 15, Letters Patent filed against the judgment of Somasundaran J. in Criminal R. C. No. 636 of 1953. The said case was filed under Ss. 435 and 439, Criminal P. C. against the order of the Sub-Divisional Magistrate of Musiri in M. C. No. 18 of 1953 on his file, which was an application by the trustees of a temple under Section 87, Madras Hindu Religious and Charitable Endowments Act, 1951, for delivery of certain properties alleged to belong to the temple. The Magistrate dismissed the application. Somasundaram J. set aside this order of the Magistrate and directed the trustees to be put in possession of the properties. This appeal is against that order;2. On a preliminary objection taken to the maintainability of the appeal, we heard arguments only on that question. After listening at length to Mr. K.V. Venkatasubramania Iyer, learned counsel for the appellants, we have come to the conclusion that the preliminary objection is well founded...
Muthukanni Mudaliar Vs. Andappa Pillai and anr.
Court: Chennai
Decided on: Sep-10-1954
Reported in: AIR1955Mad96; (1954)IIMLJ731
Rajamannar, C.J. 1. This case Involves an interpretation of SECTION 13, Limitation Act, and was referred by Satya-narayana Rao and Rajagopalan JJ. to a Pull Bench because they were of opinion that the decision in - 'Rathina Thevan v. Packirlsami The-van', AIR 1928 Mad 1038 (A) on the authority of which the case was disposed of in the Courts below required reconsideration. 2. The suit which was filed in the Court of District Munsif of Paramakudi was for the recovery from 'two defendants of a sum of Rs. . 1466-10-4 alleged to be diie on account of dealings had by the defendants with the plaintiff's shop from 23-8-1941 to 18-10-1941 at Rangoon. The suit was filed'in 1946. It was stated in the plaint that the suit claim was not barred because the defendants had all along been in Rangoon and the second defendant alone had returned to India two months prior to the suit, the first/defendant still remaining in Burma. The first defendant allowed the suit to proceed-ex parte. The second defendan...
Kuttuva S. Thulasi Ammal Vs. R.M.K. Ramachandra Naidu and ors.
Court: Chennai
Decided on: Sep-10-1954
Reported in: AIR1955Mad171
1. The only question that has been argued in thisappeal relates to the claim for interest in respect of the amounts due to the plaintiff who is the appellant before us from 26-1-1947. 2. The facts necessary to understand the contention in the appeal are these: The plaintiff brought a suit o. S. No. 153 of 1947 on the file of the Sub Court, Madurai -- out of which this L. P. Appeal arises -- for a decree directing the dissolution of the partnership firm of Sri Krishna Rice and Oil Mills, Madurai, for the taking of the accounts of the partnership from its inception down to the dissolution and the taking of an account of the losses caused by the defendants in using the partnership properties for their, private benefit after expelling and excluding the plaintiff from the partnership on 26-1-1947 and debiting such losses to the shares of defendants, and other incidental reliefs. 'The plaintiff and defendants 1, 2 and 4 along with one Rajammal entered into an agreement of partnership under E...
Corporation of Madras Vs. M. Kothandapani Naidu
Court: Chennai
Decided on: Sep-08-1954
Reported in: AIR1955Mad82
Rajagopala Ayyangak, J.1. These two appeals have been referred to a Full Bench for the determination of three questions framed by Basheer Ahmed Sayeed J. on the ground that there was a conflict of decisions on the points covered by them.2. Before setting out these questions, it might perhaps be more convenient to narrate the facts giving rise to these appeals, because on them would depend as to how far it is necessary for us to decide the questions which have been formulated by the learned Judge. One Kothandapani Naidu who is the respondent in these two appeals filed two suits O. S. No. 651 of 1949 and O. S. No. 717 of 1949 on the file of the City Civil Court, Madras, against the Corporation of Madras who is the appellant in these appeals. In the first suit O. S. No. 651 of 1949 he made a claim for a decree in his favour for a sum of Rs. 980 being the value of green grass supplied to the Corporation between 1-11-1948 and 31-3-1949 and for the refund to him of a sum of Rs. 270 which had...
In Re: Kuppuswami Vanniar
Court: Chennai
Decided on: Sep-06-1954
Reported in: AIR1955Mad554
ORDERKrishnaswami Nayudu, J.1. This appeal sought to be filed is against the order of the Subordinate Judge of Mayuram in I. A. No. 53 of 1954 in I. P. No. 1 of 1951. The appellant is the legal representative of one Ponnuswami Vanniar, who claims to be a creditor of the insolvent. The creditor preferred a claim before the Official Receiver, which was rejected by his order dated 23-9-1953. An appeal was preferred before the Sub Court and it was rejected confirming the order of the Official Receiver. The creditor now files a civil miscellaneous appeal and a civil revision petition purporting to he under Sections 75(3) and 75(1) of the Provincial Insolvency Act respectively.2. The right of appeal and revision is dealt with under Section 75 of the Act and under Section 75(1):'The debtor, any creditor, the receiver or any other person aggrieved by a decision come to or an order made in the exercise of insolvency jurisdiction by a court subordinate to a District Court may appeal to the Distr...
T.P. Kuppuswami Mudaliar Vs. the Polite Pictures
Court: Chennai
Decided on: Sep-03-1954
Reported in: AIR1955Mad154
Rajagopala Aiyangar, J.1. This is an appeal against an. order of Ramaswami J. granting leave under Order 21, Rule 50(2), C. P. C., to execute the decree obtained in C. S. No. 812 of 1948 on the file of this Court against a firm by name Sri Murugan Films against the appellant here on the allegation that he was a partner in the said firm.2. The suit out of which this proceeding arises was instituted by a registered firm by name 'The polite Pictures' against a firm carrying on business in the name of Sri Murugan Films and two others. The plaintiff-firm obtained rights to exhibit a film by name Thulasi Jalandar in the City of Madras, whereas the Murugan Films obtained distribution rights in respect of the same film in the District of Chingleput. The plaintiff-firm alleged that contrary to the terms of the lease deed in favour of the defendant, they had unlawfully exhibited the picture within the City of Madras and thus Infringed their rights. In the cause-title to the plaint the first defe...
V.P. Madhavan Nambiar Vs. Chaldean Syrian Bank Ltd. and anr.
Court: Chennai
Decided on: Sep-02-1954
Reported in: AIR1955Mad409
Mack, J.1. This is an appeal by V. P. Madhavan Nambiar, second judgment-debtor in E. P. No, 234 of 1951, against an order by the Principal Subordinate Judge of Kozhikode directing his arrest and commitment to prison, on findings that he dishonestly transferred, concealed or removed assets after the institution of the suit and furthermore, that he had means to pay at any rate a substantial portion of the decretal amount since the date of the decree.2. The antecedent history is briefly this. The decree-holder is the Chaldean Syrian Bank Ltd., who gave financial accommodation to a concern called United Merchants which commenced in 1948 and did business in timber, banking and soon. It fell into difficulties and the managing partner committed suicide in March 1949. The appellant who was one of the partners filed an application, Ex. A. 1, for overdraft accommodation to the Chaldean Syrian Bank to the extent of Rs. 50,000 on the strength of which the Bank manager of the local branch gave the ...
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