Chennai Court August 1957 Judgments
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In Re: B. Chandrasekaran
Court: Chennai
Decided on: Aug-13-1957
Reported in: (1957)2MLJ559
ORDERRamaswami, J.1. These are connected Criminal Revision Cases filed against the convictions and sentences by the learned Third Presidency Magistrate, Saidpet, in C.C. Nos. 3564 and 3682 of 1956, 3685 of 1956 and 3686 of 1956 respectively under Section 292, Indian Penal Code and sentences of fine of Rs. 100 in each case.2. The facts of these cases have been fully set out in the judgments of the lower Court and need not be recapitulated.3. The short point for determination is whether these publications which constitute the subject-matter of enquiry viz., the Tamil quarterly journal sold very cheaply in street corners and book stalls catering for prurient tastes called (Body and sensation) and which deals from cover to cover with nothing but sex, sexual organs, curiosities of love and of sex life and gratification of normal and abnormal sexual appetites and varieties of sexual intercourse etc., constitute publication of obscene matter falling within the purview of Section 292, Indian P...
In Re: S. Venkatakrishnan
Court: Chennai
Decided on: Aug-12-1957
Reported in: AIR1958Mad218; (1958)1MLJ338
P.V. Rajamannar, C.J.1. We agree with the conclusion of Rajagopala Ayyangar, J., against whose judgment this appeal has been filed, that the appellant is not entitled to either of the reliefs sought by him under Article 226 of the Constitution of India. The twofold prayer of the appellant was for the issue of a writ, order or direction directing the respondent, that is, the Joint Chief Controller of Imports and Exports, Madras, to forbear from issuing any license or allotment memo, to any co-operative society in the Madras State for the export of dried chillies to destinations other than Pakistan and hard currency countries and cancel such licences or allotment memos already issued and give consequential directions to the respondent to consider the grant of licence to the petitioner without any discrimination.2. Section 3 of the Imports and Exports (Control) Act, 1947, was enacted to continue, for a limited period, powers to prohibit or control imports or exports in public interests. S...
Subayya Gounder Vs. Bhoopala Subramanian
Court: Chennai
Decided on: Aug-06-1957
Reported in: AIR1959Mad396; 1959CriLJ1087
ORDERRamaswami, J.1. This is a Criminal Revision filed against the order made by the learned Additional First Class Magistrate, Coimbatore in M.C. No. 5 of 1957. 2. Minor Bhoopala Subramanian by his mother Mutharnmal filed a petition for maintenance under Section 488 Cr. P. C. The respondent Subbayya Gounder was containing that he is not the father of the petitioner. In these circumstances the mother of the petitioner prayed for an order that the respondent be directed to give his blood for being sent to the Chemical Examiner of Madras along with that of the petitioner for blood grouping test to decide the paternity of the petitioner. The learned Magistrate passed an order that no objection was advanced by the other side and that hence the petition was allowed. 3. The contention of Subbayya Gounder is that on the date when this order was made his lawyer was unavoidably absent from Court and that therefore the order that there was no objection and hence the petition was allowed is incor...
Puthutotam Estates (1943) Ltd. Vs. Agricultural Income-tax Officer
Court: Chennai
Decided on: Aug-06-1957
Reported in: (1957)2MLJ495
ORDERRajagopalan, J.1. Section 3 of Madras Plantations Agricultural Income-tax Act, 1955', (Madras Act V of 1955) hereinafter referred to as the Act) provided for the levy of a tax on agricultural income as defined by the Act, on and after 1st April, 1955. In the case of the petitioner, the previous year, the income that was received during which was liable to be assessed in the assessment year 1955-56, ended on 31st March, 1955. The assessment was completed by the Agricultural Income-tax Officer on 21st March, 1956. It became final, as the assessee, the petitioner company, did not appeal. That assessment was based on the application of Rule 10 of the Madras Plantations Agricultural Income-tax Rules, 1955 (hereinafter referred to as the Rules). The relevant portion of Rule 10 ran:The agricultural income from coffee for a particular year for purposes of assessment shall be(a) the proceeds of the coffee crop of the previous year realised by the auction of the crop by the Indian Coffee Bo...
W.P.A. Soundarapandian and Brothers by Partner W.P.A.S. Bhaskaran and ...
Court: Chennai
Decided on: Aug-06-1957
Reported in: (1957)2MLJ434
ORDER1. These petitions arose out of the proceedings to assess the petitioners to tax under the provisions of the Madras Plantations Agricultural Income-tax Act, 1955 (Madras Act V of 1955), hereinafter referred to as the Act, and the rules framed thereunder. Section 3 of the Act provided for the levy of a tax on and after 1st April, 1955, on the total agricultural income of the previous, year of the assessee. The year of assessment with which I am concerned in these proceedings is 1955-56, the 'previous year' in relation to which ended on 31st March, 1955.2. In the year of account 1954-55 a Hindu undivided family which consisted' of six members owned the plantations, income from which had to be assessed under the Act. On 17th August, 1954, there was a partition between the members.. Five of the six quandom coparceners entered into a partnership, which was eventually registered under the provisions of the Act. The Hindu undivided family, the petitioner in W.P. No. 989 of 1956, was asse...
Sri Meenakshi Sundareswarar Etc., Devasthanams, Executive Officer Vs. ...
Court: Chennai
Decided on: Aug-06-1957
Reported in: AIR1958Mad230; (1957)2MLJ539
Rajamannar, C.J.1. This is an appeal by the Madurai Sri Meenakshi Sundareswarar Devasthanams represented by its Executive Officer against the decree and judgment of the learned Subordinate Judge of Madurai in O.S. No. 90 of 1951 dismissing a suit filed against the Government for the recovery of a sum of Rs. 16,600 in the following circumstances. The lands described in Schedule A to the plaint admittedly belong to the plaintiff devasthanam. By an order dated 24th November, 1942, the said lands were requisitioned for securing the defence of British India in exercise of the powers conferred by Rule 75-A of the Defence of India Rules, and the lands were taken possession of and placed at the disposal of the Executive Engineer, Aviation Division, Madurai. The lands were eventually derequisitioned and returned to the plaintiff on 30th September, 1947 and 9th September, 1949. The plaintiff alleged that the lands were not returned to the devaslhanam in the same condition in which they were when...
Puthuthottam Estates (1943) Limited Vs. Agricultural Income-tax Office ...
Court: Chennai
Decided on: Aug-06-1957
Reported in: [1958]34ITR764(Mad)
RAJAGOPALAN J. - Section 3 of the Madras Plantations Agricultural Income-tax Act, 1955 (Madras Act V of 1955), hereinafter referred to as the Act, provided for the levy of a tax on agricultural income as defined by the Act, on and after 1st April, 1955. In the case of the petitioner, the previous year, the income that was received during which was liable to be assessed in the assessment year 1955-56 ended on 31st March, 1955. The assessment was completed by the Agricultural Income-tax Officer on 21st March, 1956. It became final, as the assessee, the petitioner company did not appeal. That assessment was based on the application of rule 10 of the Madras Plantations Agricultural Income-tax Rules, 1955 (hereinafter referred to as the Rules). The relevant portion of rule 10 ran :'The agricultural income from coffee for a particular year for purposes of assessment shall be (a) the proceeds of the coffee crop of the previous year realized by the auction of the crop by the Indian Coffee Boar...
Siluvai Fernando, Power-of-attorney Agent of Savarimuthu Fernando Vs. ...
Court: Chennai
Decided on: Aug-05-1957
Reported in: (1958)1MLJ394
Rajagopalan, J.1. This is an application under Section 6-B of Madras Act XXV of 1955 to revise the order of the Revenue Divisional Officer, Cheranmahadevi, dated 5th January, 1957.2. It was common ground that the petitioner was the owner of the two items of land in question, measuring in all Ac. 1-35. The petitioner's case before the Revenue Divisional Officer was that these lands were in the possession of the petitioner' wife. She was merely a trespasser. The petitioner filed O.S. No. 134 of 1955 against his wife for recovery of possession of the lands. He obtained a decree, and in execution of that decree he obtained delivery of possession of the lands on 20th July, 1956.3. On 3rd November, 1956, the respondent, who was the husband of the sister of the petitioner's wife, applied to the Revenue Divisional Officer under Section 4(5) of the Act and prayed for restoration of possession. The respondent alleged that he had been dispossessed by the petitioner on 30th October, 1956.4. The Re...
R. Venkatapathy Vs. the Dy. Inspector-general of Police Western Range ...
Court: Chennai
Decided on: Aug-02-1957
Reported in: AIR1958Mad216; (1958)1MLJ234
P.V. Rajamannar, C.J.1. Two points were pressed on us by Mr. Kumaramangalam in the appeal against the judgment of Rajagopalan, J., dismissing a writ petition filed by the appellant against the order of the Deputy Inspector-General of Police, Western Range, Coimbatore, and the subsequent orders of the Inspector-General of Police and the Government of Madras confirming the order of the Deputy Inspector-General, terminating his probation. The first point was that as the extended period of probation of the appellant terminated on 2nd July, 1951, he should be automatically deemed to have become a full member of that service on and from that day and subsequently if action was proposed to be taken against him, the procedure should be that pertaining to a full member of the service, and the procedure of terminating the probation cannot be availed of. Actually it appears on 11 th July, 1951, a few days after the period of probation expired, notice had been issued to show cause why his probation...
Nallaya Goundar Vs. Ramaswami Goundar and anr.
Court: Chennai
Decided on: Aug-02-1957
Reported in: (1958)2MLJ86
Ramaswami, J.1. This is a second appeal preferred against the decree and judgment of the learned District Judge of Salem in A.S. No. 264 of 1953 confirming the decree and judgment of the learned District Munsif of Sankaridrug in O.S. No. 43 of 1952.2. The second defendant Pavayee Ammal has two sons, viz., Ramaswami Goundan and Athiappa Goundan. Ramaswami Goundan is the son-in-law of one Marappa Goundan. The plaintiff Nallayya Goundan is the father-In-law of Athiappa Goundan.3. The plaintiff purchased under a registered sale-deed for Rs. 2000 on 14th August, 1947, the properties involved in this suit from Pavayee Ammal and her daughter on the foot that they belonged absolutely to Pavayee Ammal as her stridhanam properties.4. The father-In-law of Ramaswami Goundan by name Muthu Goundan had obtained a decree against Ramaswami Goundan as well as Pavayee Ammal in O.S. No. 566 of 1947. In execution of that decree he brought to sale the properties purchased by plaintiff as the properties of R...
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