Chennai Court January 1957 Judgments
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In Re: M.M.B. Salmani
Court: Chennai
Decided on: Jan-21-1957
Reported in: AIR1957Mad612; (1957)2MLJ259
Rajamannar, C.J.1. We see no reason to interfere with the order of the learned Judge, Rajagopalan J. In our opin-ion the Government had every power to reduce the pension even as a punishment as the charges which were framed when the petitioner was on service were held to have been proved. A stray sentence from the judgment of Rajagopala Ayyangar J. in W. P. No. 771 of 1954 (A), was relied on in support of an argument that the charges framed when the officer was in service cannot be continued after he had ceased to be in service. That point, did not directly arise in that case, and we do not understand the learned Judge to lay down that in no case can charges framed against an officer while in service be continued after his retirement. If he meant to lay that down as a proposition, with respect, we are unable to agree with him. The learned Judge has found -- and we agree with him -- that the appellant was given an opportunity to show cause why his pension should not be cut and he availe...
Pandarasannathi, Thiruvaduthurai Adhinam Vs. Malayan Samban and ors.
Court: Chennai
Decided on: Jan-21-1957
Reported in: (1957)2MLJ108
ORDER1. These two writ petitions are by the same petitioner and raise a common point regarding the construction of the Madras Indebted Agriculturists (Repayment of Debts) Act, 1955 (Act I of 1955) as affecting the provisions of the Tanjore Tenants and Pannaiyal Protection Act, 1952 (Act XIV of 1952).2. The following facts have to be stated to appreciate the difficulty that arises as a result of the impact of these two pieces of legislation. The petitioner, the head of the Thiruvaduthurai mutt is the owner of considerable landed property in Tanjore district. Two of the tenants in cultivation of the lands of the mutt are respondents in these two petitions. After the coming into force of Madras Act XIV of 1952 these tenants executed in February, 1953, muchilikas under Section 9 of that Act agreeing to pay stated amounts of paddy for each fasli. These tenants fell into arrear in regard to the grain rent payable for fasli 1362. The landlord thereupon filed petitions before the Revenue Court...
K.S. Ramaswami Iyer Vs. S.V. Krishnier and ors.
Court: Chennai
Decided on: Jan-21-1957
Reported in: (1957)2MLJ116
Rajamannar, C.J.1. This is an appeal against the judgment of Mack, J.,in C.M.A. No. 415 of 1951. It arifes out of certain proceedings before the Debt Conciliation Board, Kumbakonam. On 12th April, 1942, an agreement was reached between a creditor of the 13th respondent in E.P. No. 354 of 1949 on the file of the Subordinate Judge of Madurai and the 13th respondent, in and by which it was provided that a sum of Rs. 1,140 should be paid to the creditor and the said amount was charged on property belonging to the debtor. Under Section 14(2) of the Debt, Conciliation Act, the said agreement was directed to be registered and it was accordingly registered on 18th April, 1942. Under Section 14(2) on such registration the agreement takes effect as if it were a decree of a civil Court and executable as such.2. The creditor, in whose favour the agreement was made, assigned her rights to one Krishna Iyer, the contesting respondent in this appeal. The assignment in his favour was recognised in the ...
V. Rangaswami Naidu Vs. Commissioner of Income-tax, Madras
Court: Chennai
Decided on: Jan-18-1957
Reported in: AIR1957Mad437
1. The assessee and V. Gopal Naidu were part-ners In each of the three partnership concerns (1) R. G. S. Naidu and Co., (2) T. A. Ramalingam Chettiar Sons and Co., and (3) A. G. Guruswami Naidu and Co. R. G. S. Naidu ana Co., -were the managing agents of the Coimbatore Spinning and Weaving Co. Ltd. T. A. Ramalingam Chettiar Song and Co. were the managing agents of Sri Murugan Mills Ltd A. G. Guruswami Naidu and Co., were the managing agents of Sri Radhakrishna Mills Ltd.2. Clauses 8 and 9 (sic) of the deed of partner-ship of R. G. S. Naidu and Co. ran :2. The partners shall have an Individual right to sell or mortgage his share or interest In the partnership, but such partner before selling or mortgaging it to a stranger shall make the offer by due notice to each of the other co-partners who shall have the first option to purchase the share at a valuation determined by all the partners or their assigns for the time being.3. But in case a stranger purchases the share of any of the partn...
V. Rangaswami Naidu Vs. Commissioner of Income-tax, Madras.
Court: Chennai
Decided on: Jan-18-1957
Reported in: [1957]31ITR711(Mad)
RAJAGOPALAN, J. - The assessee and V. Gopal Naidu were partners in each of the three partnership concerns (1) R. G. S. Naidu and Co., (2) T. A. Ramalingam Chettiar Sons and Company and (3) A. G. Guruswami Naidu and Company. R. G. S. Naidu and Company were the managing agents of the Coimbatore Spinning and Weaving Company Limited, T. A. Ramalingam Chettiar Sons and Company were the managing agents of Sri Murugan Mills Ltd., A. G. Guruswami Naidu and Company were the managing agents of Sri Radhakrishna Mills Limited.Clauses 8 and 9 of the deed of partnership of R. G. S. Naidu and Company ran :'8. The partners shall have an individual right to sell or mortgage his share or interest in the partnership, but such partner before selling or mortgaging it to a stranger shall make the offer by due notice to each of the other co-partners who shall have the first option to purchase the share at a valuation determined by all the partners or their assigns for the time being.9. But in case a stranger...
In Re: Subramanian Chettiar
Court: Chennai
Decided on: Jan-17-1957
Reported in: AIR1957Mad442; 1957CriLJ765
ORDERRamaswami, J.1. This is a revision which has been filed against the conviction and sentence by the learned Assistant Sessions Judge, Tirunelveli, in Sessions Case No. 78 of 1955 and confirmed by the learned Sessions Judge of Tirunelveli Division in C. A. No. 217 of 1956.2. V.C. Subramanian Chettiar, the Revision petitioner before me, had married one Pichai Ammal the only daughter of Sankarakuttalathammal. There was a daughter by that marriage. Sometime afterwards both Pichai Animal and this daughter died, This Sankarakuttalathammal viz., the ex-mother-in-law of this Revision Petitioner had inherited properties of considerable value from her deceased husband. There was interminable civil litigations about it which came up to High Court and eventually this petitioner got a share of the properties. On account of these litigations there was bitter ill-feeling between this Revision Petitioner and the said Sankarakuttalathammal.3. P.W. 1 Chitraputran Chettiar had married Sankarakuttalat...
V.S.K. Adhi Chettiar Suravelu Chettiar, Tanners, Vaniyambadi and ors. ...
Court: Chennai
Decided on: Jan-17-1957
Reported in: AIR1957Mad603; [1957]8STC274(Mad)
1. The petitioners in this batch of revision cases are licensed tanners carrying on business in several places in the North Arcot District, Under Rule 16 (2) of the Turnover and Assessment Rules, these petitioners were assessed to sales-tax on the total volume of their purchases. The assessments in dispute relate to the year 1951-52. The assessing officer as well as the Commercial Tax Officer on appeal had included in the taxable turnover, the purchases effected from "unlicensed" dealers, that is, from those carrying on business outside the State. The Appellate Tribunal on appeal by these petitioners eliminated the last mentioned item in view of the decision of this Court in Hajee Abdul Shukur v. State of Madras, (A). The petitioners, having obtained all the benefit derivable by them by virtue of the decision of this Court rendered up to that date, sought to challenge before the Appellate Tribunal the validity of the entire assessments, mainly on the ground that the provision, under wh...
K. Kesava Reddiar, Gold Merchant Quilon, Travancore-cochIn State Vs. L ...
Court: Chennai
Decided on: Jan-17-1957
Reported in: AIR1957Mad632; (1957)ILLJ645Mad
ORDERRajagopalan, J.1. The petitioner, who manufactured and sold gold jewels at Quilon, applied under Article 228 of the Constitution for the issue of a writ of certiorari to set aside the order of the Labour Appellate Tribunal at Madras dated 9-5-1956.2. On 19-ll-1954 the Government of Tra-vancore-Cochin State ordered a reference under Section 10(1)(c) of the Industrial Disputes Act Act XIV of 1947). The 'Industrial Disputes' set out in the annexure to that order were :1. Whether the denial of employment by the management of Sri Section Venkatachalam Achari, V. Thankappan Achari, G. Kumaraswami Achari and P. Padhmanabhan Achari is justified? If not to what reliefs are they entitled? And 2. Whether the following workmen havebeen denied employment by the management forthe whole or part of the period from 31-8-1954 to3-10-1954, and if so, whether the denial of employment is justifiable If not, to what reliefs are the workmen entitled? A list of eight names was appended to the secondques...
Trichinopoly City Co-operative Bank Ltd. Vs. Additional Commissioner f ...
Court: Chennai
Decided on: Jan-17-1957
Reported in: (1957)ILLJ642Mad
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 Additional Commissioner for Workmen's Compensation, dated 11 January 1956, passed under the provisions of Section 41 of the Madras Shops and Establishments Act, Act XXXVI of 1947.2. The second respondent was a clerk in the employ of the petitioner bank from about 1942. He was discharged from the service of the bank on 14 May 1955. The second respondent preferred an appeal under Section 41 of the Act XXXVI of 1947 (hereinafter referred to as the Act) to the prescribed authority, the Commissioner for Workmen's Compensation, and that appeal was disposed or by the Additional Commissioner.3. During the proceedings before the Additional Commissioner the petitioner advanced a preliminary objection, that the provisions of the Act including Section 41 did not apply to the employee, the second respondent. That contention was overruled by the Addi...
K. Kesava Reddiar Vs. the Labour Appellate Tribunal of India and ors.
Court: Chennai
Decided on: Jan-17-1957
Reported in: (1957)2MLJ139
ORDERRajagopalan, J.1. The petitioner who manufactured and sold jewels at Quilon, applied under Article 226 of the Constitution for the issue of a writ of certiorari to set aside the order of the Labour Appellate Tribunal at Madras, dated 9th May, 1956.2. On 19th November, 1954, the Government of Travancore-Cochin State ordered a reference under Section 10(1)(c) of the Industrial Disputes Act (XIV of 1947). The Industrial Disputes set out in the annexure to that order were:(1) Whether the denial of the employment by the management to Sri S. Venkatachalam Achari, V. Thankappan Achari, G. Kumaraswami Achari and P. Padmanabhan Achari is justified If not to what reliefs are they entitled and(2) Whether the following workmen have been denied employment by the management for the whole or part of the period from 31st August, 1954 to 3rd October, 1954, and if so, whether the denial of employment is justifiable If not, to what reliefs are the workmen entitled ?A list of eight names was appended...
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