Chennai Court March 1957 Judgments
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Sri Kalameghaperumal Devasthanam Vs. V. Kalamega Iyengar and ors.
Court: Chennai
Decided on: Mar-06-1957
Reported in: (1957)2MLJ579
Rajagopalan, J.1. These appeals arose out of the claims preferred to the Estates Abolition Tribunal under Section 42 of Madras Act XXVI of 1948 for the payment out of the advance compensation deposited with the Tribunal for thirteen inam estates notified and taken over by the Government under the Act.2. Four of the these inam estates each consisted of the whole village. In the case of the other nine only three-fourths of each of the villages constituted the inam estate, the other fourth in each of these nine villages constituted a separate inam, which was admittedly granted to the Thirumohur Devasthanam, and we are not concerned with those grants now. It was common ground that each of these thirteen inam estates was granted as an inam to the ancestors of the three temple servants, who between them claimed the compensation amount, to provide for the performance of specified services, Archakam and Paricharakam, in the temple. When these grants were confirmed by the Inam Commission, an ob...
K.S. Nataraja Achari Vs. J.K. Balasubramaniam
Court: Chennai
Decided on: Mar-05-1957
Reported in: (1957)2MLJ492
Panchapakesa Ayyar, J.1. This is a petition by one Nataraja Achari, a goldsmith tenant making and selling gold, silver and diamond jewels in a portion of the premises, rented out to the respondent, the chief tenant, for revising and setting aside the order of the appellate authority, the Judge of the Court of Small Causes, directing, his eviction from the premises on the ground that the respondent-land-lord required the premises bona fide for additional accommodation for running the grain? shop for which he bad made preparations, as his maligai shop, in the building, opposite, was not prospering, and was landing him in heavy loss, and he wanted to run this grainshop in addition to the maligai shop in order to earn a comfortable living. The respondent is keeping roughly one half of the very tiny premises and is paying a total rent pf Rs. 10 per mensem to Mr. K. Rajah Ayyar, the landlord. The petitioner is occupying the other half, and paying Rs. 9 as rent per month to the respondent, tn...
Syed Duriesh Mohideen Vs. Madras State, Represented by Collector of Sa ...
Court: Chennai
Decided on: Mar-01-1957
Reported in: AIR1957Mad577
1. This appeal arose out of the rejection of the claim preferred by the appellant as the petitioner in O. P. No. 17 of 1953, on the file of the Estates Abolition Tribunal, Vellore, for payment out to him of a portion of the amount deposited with the Tribunal as advance compensation for the Bevuhalli Mitta estate in Salem Dt., taken over by the Government under the provisions of Madias Act XXVI of 1948.2. Bevuhalli Mitta, which was an estate as defined by the Madras Estates Land Act, belonged to Mir Mohamed Salia Sahib. In 1906 he executed a deed of gift, a copy of which was marked in evidence as Ex. A-1, in favour of his two sons Azizullah and Inayatutlah and his daughter Amirunnisa. It is the scope and validity of the gifts made under this document that arise for determination in this appeal. For the present it should be sufficient to note that he gifted the corpus of the property, Bevuhalli Mitta, to his two sons Azizullah and Inayatullah. The donor directed them however to pay Rs. 5...
The Management of Newtone Studios Vs. T.R. Ethirajulu and ors.
Court: Chennai
Decided on: Mar-01-1957
Reported in: AIR1957Mad737
1. These applications filed under Article 226 of the Constitution for the issue of writs of certiorari to set aside the orders of the Chairman, Central Government Industrial Tribunal, Madras, raise an identical question for consideration and they can be disposed of by a common order.2. The petitioner is the same in both the petitions, the Management of Newtone Studios, Ltd., Madras. On 7th May, 1955, the Management dismissed from service Ethirajulu, one of their workmen. On 20th June, 1955, the Management ordered the retrenchment of twenty workers including respondents 1 to 6 in W.P. No. 551 of 1956. The workmen complained that the termination of their services was in contravention of Section 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950 (Act XLVIII of 1950) and they preferred applications under Section 23 of the Act which were eventually disposed of by the Chairman, Central Government Industrial Tribunal, Madras. The Tribunal upheld the contentions of the workmen and or...
Srinivasa Sastri Vs. Jagathguru Sri Sankarachariar Swamigal at Kumbako ...
Court: Chennai
Decided on: Mar-01-1957
Reported in: AIR1957Mad726
Rajamannar, C.J.1. The view taken by Raghava Rao, J., in the Judgment under appeal is supported by the rulings in Modali Ademma v. Venkata Subbayya, ILR 56 Mad 602: AIR 1933 Mad 627 (A) and Manickam v. Ra-niaswami : AIR1945Mad70 . Mr. Raman, lor the appellant, contended that the later ruling of a Bench of this Court in Aru-oachalam lyer v, K, N. Liugiah : AIR1953Mad71 sounds a different note tond that it would support his case. We do not agree With him. In : AIR1953Mad71 , the application for execution was filed in the transferee Court on the 12th July 1946, no doubt before the order of transmission was made; but (he actual order of transmission was made on 13th July 1946, within 12 years from the date of the decree. In the present case, however, the order of transfer was made only on 29th October 1948, after the expiry of 12 years from the date of the decree. We see nothing inconsistent between ILR 56 Mad 692: AIR 1933 Mad 627 (A) and : AIR1953Mad71 (C). No authority has been brought ...
Srinivasa Sastri Vs. Jagathguru Sri Sankarachariar Swamigal at Kumbako ...
Court: Chennai
Decided on: Mar-01-1957
Reported in: (1957)2MLJ144
Rajamannar, C.J.1. The view taken by Raghava Rao, J., in the judgment under appeal is supported by the rulings in Modali Ademma v. Venkata Subbbyya : AIR1933Mad627 and Manikam v. Ramaswami (1944) 2 M.LJ. 403. Mr. Raman for the appellant contended that the later ruling of a Bench of this Court in Arunachalam Iyer v. Lingiah : AIR1953Mad71 sounds a different note and that it would support his case. We do not agree with him. In Arunachalam Iyer v. Lingiah : AIR1953Mad71 the application for execution was filed in the transferee Court on the 12th July, 1946, no doubt before the order of transmission was made; but the actual order of transmission was made on 13th July, 1946, within twelve years from the date of the decree. In the present case, however, the order of transfer was made only on 29th October, 1948, after the expiry of twelve years from the date of the decree. We see nothing inconsistent between Modali Ademma v. Venkata Subbayya : AIR1933Mad627 and Arunachalam Iyer v. Lingiah : AI...
Management of Newtone Studios, Ltd. Vs. T.R. Ethirajulu and ors.
Court: Chennai
Decided on: Mar-01-1957
Reported in: (1957)2MLJ147
ORDERRajagopalan, J.1. These applications filed under Article 226 of the Constitution for the issue of writs of certiorari to set aside the orders of the Chairman, Central Government Industrial Tribunal, Madras, raise an identical question for consideration and they can be disposed of by a common order.2. The petitioner is the same in both the petitions, the Management of Newtone Studios, Ltd., Madras. On 7th May, 1955, the Management dismissed from service Ethirajulu, one of their workmen. On 20th June, 1955, the Management ordered the retrenchment of twenty workers including respondents 1 to 6 in W.P. No. 551 of 1956. The workmen complained that the termination of their services was in contravention of Section 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950 (Act XLVIII of 1950) and they preferred applications under Section 23 of the Act which were eventually disposed of by the Chairman, Central Government Industrial Tribunal, Madras. The Tribunal upheld the contentions o...
Syed Dureish Mohideen Vs. Madras State Represented by Collector of Sal ...
Court: Chennai
Decided on: Mar-01-1957
Reported in: (1957)2MLJ453
Rajagopalan, J.1. This appeal arose out of the rejection of the claim preferred by the appellant as the petitioner in O.P. No. 17 of 1953, on the file of the Estates Abolition Tribunal, Vellore, for payment out to him of a portion of the amount deposited with the Tribunal as advance compensation for the Bevuhalli Mitta Estate in Salem district, taken over by the Government under the provisions of Madras Act XXVI of 1948.2. Bevuhalli Mitta, which was an estate as defined by the Madras Estates Land Act, belonged to Mohamed Salia Sahib. In 1906 he executed a deed of gift, a copy of which is marked in evidence as Exhibit A-1, in favour of his two sons Azizulla and Inayatullah and his daughter Amirunnisa. It is the scope and validity of the gifts ' made under this document that arise for, determination in this appeal. For the present it should be sufficient to note that he gifted the corpus of the property, Bevuhalli Mitta, to his two sons Azizulla and Inayatullah. The donor directed them h...
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