Chennai Court September 1957 Judgments
Abdul Khader Vs. Consolidated Coffee Estates (1943), Ltd. and ors.
Court: Chennai
Decided on: Sep-28-1957
Reported in: (1959)IILLJ193Mad; (1958)IMLJ11
ORDERRajagopala Ayyangar, J.1. This is an application for the issue of a writ of certiorari to quash an order of the Labour Appellate Tribunal in the following circumstances.2. The petitioner was employed under the respondent 1 who was the owner of a coffee estate. The duties of the petitioner consisted in driving a tractor. At the time of his appointment, he was notified that he should not permit any other person to travel in the tractor or in any machinery attached to the tractor and that such conduct on his part would entail dismissal. On 1 April. 1954, the petitioner was charged by the management with having knowingly permitted one Natesan to ride on a tiller attached to the tractor. The petitioner denied the charge and stated that if Natesan was on the machine it was without his knowledge. There was an enquiry in consequence of this denial and at that enquiry it was proved that it was with the petitioner's knowledge that Natesan rode on the tiller. On the ground of misconduct invo...
Tag this Judgment!In Re: Vidyudavalli Thayar
Court: Chennai
Decided on: Sep-27-1957
Reported in: AIR1959Mad14; (1958)IMLJ97
ORDERRamaswami, J.1. This S. R. purports to be filed as a civil miscellaneous appeal against the order of the City Civil Court refusing leave to file a suit in forma pauperis on the ground that the appellant is possessed of means.2. A preliminary point for determination is whether this is maintainable as a civil revision petition or civil miscellaneous appeal. It has been held by this Court recently that When an application to file a suit in the pauper form is rejected and time is given for the payment of court-fee and then the court-fee is not paid within the time prescribed, the remedy of the petitioner is not by way of a revision against the order rejecting the original petition for non-payment of the court-fee but by way of an appeal. The decisions bearing on this subject have been reviewed in my order in Venkatammal v. Mathu Krishna Naidu, S. R No. 13674 of 1957, dated the 23rd July, 1957 (Mad) (A) wherein I followed Bommi Setti Ramayamma In re, : AIR1954Mad880 (B) and Satyanaraya...
Tag this Judgment!P. Abdul Matheen Vs. the Deputy Commercial Tax Officer and anr.
Court: Chennai
Decided on: Sep-27-1957
Reported in: [1957]8STC825(Mad)
ORDERRajagopala Ayyangar, J.W. P. Nos. 1230 to 1232 of 1956 - The validity of proceedings taken to collect the arrears of sales tax due from the petitioner is the subject matter of these petitions, for the issue of writs of prohibition.2. Abdul Matheen the petitioner in these three petitions is a dealer in hides and skins within the State of Madras. For the assessment years 1951-52, 1952-53 and 1953-54 he was assessed to sales tax under the provisions of the Madras General Sales Tax Act in respect of his dealings in hides and skins and the tax liability was determined for the three years at Rs. 11,160-7-0, Rs. 2,471-1-0 and Rs. 5,985-6-9 respectively. The assessee raised some dispute regarding the quantum of the turnover on the basis of. which the tax could be levied but these matters have all been disposed of by the departmental authorities and the Sales Tax Appellate Tribunal and are no longer in controversy. The Government have taken steps to have the arrears of tax due from the pet...
Tag this Judgment!O. Ramadoss Vs. R. Sanhasi Chettiar and ors.
Court: Chennai
Decided on: Sep-27-1957
Reported in: (1957)1MLJ79
Ramaswami, J.1. This is a second appeal preferred against the decree and judgment of the learned Subordinate Judge of Dindigul in A.S. No. 8 of 1954, confirming the decree and judgment of the learned District Munsif of Periakulam in O.S. No. 536 of 1932.2. The facts are : In Thevaram in Madurai District there is a Cardamom Planters Co-operative Bank Ltd. It is managed by an elected directorate through its President. It is the duty of the President to supervise all matters connected with the bank. He is also the treasurer and is in charge of all the properties of the bank.3. This bank has for a long time been subscribing and getting newspapers for the use of the staff and its members. These when accumulated are sold and the proceeds credited in the bank's accounts. There is no dispute that 4 or 5 days prior to 26th January, 1950, Independence Day, the appellant Ramadoss as the then President of the Bank sold all accumulated newspapers, tins, gunny bags, used-up ink-jars, etc., for Rs. 5...
Tag this Judgment!P. Abdul Matheen Vs. the Dy. Commercial Tax Officer and anr.
Court: Chennai
Decided on: Sep-27-1957
Reported in: (1957)2MLJ595
ORDER1. W.P. Nos. 1230 to 1232 of 1956 : The validity of proceedings taken to collect the arrears of sales-tax due from the petitioners is the subject-matter of these petitions, for the issue of writs of prohibition.2. Abdul Matheen the petitioner in these three petitions is a dealer in hides and skins within the State of Madras. For the assessment years 1951-1952, 1952-1953 and 1953-1954, he was assessed to sales-tax under the provisions of the Madras General Sales-Tax Act in respect of his dealings in hides and skins and the tax liability was determined for the three years at Rs. 11,160-7-0, Rs. 2,471-1-0 and Rs. 5,985-5-9, respectively. The assessee raised some dispute regarding the quantum of the turnover on the basis of which the tax could be levied but these matters have all been disposed of by the departmental authorities and the Sales-Tax Appellate Tribunal and are no longer is controversy. The Government have taken steps to have the arrears of tax due from the petitioner by re...
Tag this Judgment!M.S. Venkitanarayana Iyer and ors. Vs. Collector of Central Excise
Court: Chennai
Decided on: Sep-26-1957
Reported in: AIR1958Mad306; 1958CriLJ778; (1958)IIMLJ115
Panchapakesa Ayyar, J.1. There are no merits at all in this appeal. It was alleged by Mr. R. M. Seshadri who appeared for the appellant who was charged with smuggling gold worth more than a lakh of rupees and was imposed a penalty besides the confiscation of the gold, that the judgment in Collector of Customs v. Gopikissen Gokuldoss : AIR1955Mad187 , by a Bench of this Court, consisting of Rajamannar C.J. and Rajagopala Ayyangar J. would show that there was total absence of jurisdiction, and so, a writ of certioraril as the one applied for would lie and that the| appoint need not proceed by way of appeal.We have looked into that ruling. We see nothing there in support of the contention in this appeal or that in such circumstances there will be total want of jurisdiction, in the Collector of Excise. Indeed, Rajagopala Ayyangar J. whose judgment In the writ petition is now sought to be appealed against, was himself the Judge who wrote the judgment quoted before, and it is extravagant to ...
Tag this Judgment!ThA. Duraiswami Naidu Vs. Krishnappa Naidu
Court: Chennai
Decided on: Sep-26-1957
Reported in: (1958)1MLJ324
Subrahmanyam, J.1. The plaintiff in O.S. No. 290 of 1953 on the file of the District Munsif, Ranipet, is the appellant in this Second Appeal.2. The suit was for specific performance of a contract of sale entered into by the defendant-respondent and for possession of the property agreed to be conveyed. The plaintiff alleged that on 25th December, 1949, he and the defendant entered into an agreement that, in consideration of the plaintiff giving up certain debts owing to him by the defendant and his father, and the plaintiff conveying to the defendant a half share in a site, the defendant would convey the suit property to the plaintiff by a registered sale deed before 12th June, 1950.3. The defendant denied the alleged agreement. He pleaded that the plaintiff had taken his signature fraudulently .on some documents.4. During trial, the agreement alleged in the plaint was sought to be proved by filing the arbitration agreement, Exhibit A-1, a decision or award by some of the arbitrators, E...
Tag this Judgment!Southern Railway by General Manager Vs. Madras Handloom Weavers' Provi ...
Court: Chennai
Decided on: Sep-26-1957
Reported in: (1957)2MLJ620
Panchapakesa Ayyar, J.1. This is an appeal by the Dominion of India, owners of the Madras and Southern Mahratta Railway Administration, now the Southern Railway, represented by the General Manager, Madras, against the judgment and decree of Basheer Ahmed Sayeed, J., confirming the judgment and decree of the City Civil Judge, Madras, granting the respondents, the Madras Handloom Weavers Provincial Co-operative Society, Ltd., damages of Rs. 464 regarding five kegs of hydrosulphate of soda solidified by the water used by the appellant's servants (the fire extinguishing squad) for putting out an accidental fire in a wagon containing 300 kegs of hydrosulphate of soda got by the respondents from Imperial Chemical Industry, Ltd., Bombay, to Salt-Cottars, Madras, for their use.2. The facts are briefly these : The respondents had ordered for 600 kegs of hydrosulphate of soda from the Imperial Chemical Industry, Limited, Bombay. They were sent to Salt Cottars, Madras, in two waggons of 300 kegs ...
Tag this Judgment!Onnamalai Ammal Vs. Seethapathi Reddiar
Court: Chennai
Decided on: Sep-24-1957
Reported in: AIR1961Mad90
Ganapathia Pillai, J.1. The appellant in this case was the second wife and now widow of one Doraiswami Reddiar, who died on 10-8-1951, aged about 68 years. By his first wife, Kamalakshi Ammal who died in 1936, Doraiswami Reddiar has a son called Sithapathi Reddiar, who is the respondent in this appeal. The appellant was married to Duraiswami in 1938. By O. S. No. 33 of 1945, which was a suit for partition instituted by Sithapathi, the respondent, there was a division of all the family properties between Doraiswami and his only son, Sithapathi.It is admitted that though only a preliminary decree for partition was passed in that case, by agreement of parties all the family properties were divided and since 1945 the father Doraiswami and his son Sithapathi had been in separate enjoyment of the properties which fell to their respective shares in this partition. The suit out of which this appeal arises was instituted by the respondent for partition of the properties mentioned in schedules A...
Tag this Judgment!Kamaraj Nadar Vs. A. Kunju thevar and ors.
Court: Chennai
Decided on: Sep-24-1957
Reported in: (1958)1MLJ139
Rajagopala Ayyangar, J.1. These two sets of Writ Petitions arise out of proceedings for the setting aside of the election and other reliefs prayed for in two Election Petitions. These petitions before us are by the returned candidates and they have been heard together because some of the points raised in them are common.2. W.P. Nos. 531 and 532 of 1957 are respectively for the issue of writs of certiorari and prohibition by the candidate who was declared elected at the election held for the single member Sattur Constituency of the Madras Legislative Assembly in January-March, 1957. W.P. No. 531 of 1957 seeks the quashing of the order of the Election Tribunal which held the Election Petition before it to be in order and directed an amendment the details of which we shall refer to later, while W.P. No. 532 of 1957 seeks the issue of a direction injuncting the Tribunal from further proceedings with the petition on the ground that the Election Petition not being in order the Tribunal ought...
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