Chennai Court November 1958 Judgments
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Thirunavukkarasu and ors. Vs. the State
Court: Chennai
Decided on: Nov-12-1958
Reported in: AIR1959Mad339; 1959CriLJ998; (1959)2MLJ596
ORDERRamaswami, J.1. This revision is sought to be filed against the order made by the Ex-offcio First Class Magistrate, Chidambaram, in M.C. No. 2 of 1938, under Section 117(3) of the Code of Criminal Procedure.2. In this case security proceedings under Section 107 of the Code of Criminal Procedure have been taken against 22 persons on a report of the Circle Inspector of police, Kurinjipadi. The order in writing made under Section 112 sets out the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the sureties required. The learned Magistrate has then proceeded under Section 117(3) and has taken interim bonds. The present revision is preferred against that order directing the execution of interim bonds. The grounds on which this revision is preferred are twofold viz., that there was no necessity to take interim bonds; and secondly, part of the information itemised against the counter petitioners as constituting the...
Jaga Button Industries Ltd. Vs. the State of Madras
Court: Chennai
Decided on: Nov-06-1958
Reported in: [1959]10STC323(Mad)
Ramaswami, J.1. This is a second appeal preferred against the decree and judgment of the learned District Judge of Coimbatore in A. S. No. 313 of 1954, reversing the decree and judgment of the learned Subordinate Judge of Coimbatore in O.S. No. 185 of 1953.2. In regard to an assessment under the Madras General Sales Tax Act, the appellant has been challenging the levy of the same on the ground that it was taxation of sales outside the State of Madras, and offending against Article 286 of the Constitution and Section 22 of the General Sales Tax Act which incorporates Article 286(2) of the Constitution and was illegal. This contention was upheld by the trial Court and on the ground that the assessment was bad on the foot just now mentioned and the suit of the plaintiff was decreed. On appeal the learned District Judge held that the assessment could be supported on the ground that there was no evidence in the case to show that the purchasers of the goods now in question did not purchase t...
The Jaga Button Industries, Limited, by Managing Partner Sri Kondaswam ...
Court: Chennai
Decided on: Nov-06-1958
Reported in: (1959)2MLJ415
Ramaswami, J.1. This is a Second Appeal preferred against the decree and judgment of the learned District Judge of Coimbatore in A.S. No. 313 of 1954 reversing the decree and judgment of the learned Subordinate Judge of Coimbatore in O.S. No. 185 of 1953.2. In regard to an assessment under the Madras General Sales Tax Act, the appellant has been challenging the levy of the same on the ground that it was taxation of sales outside the State of Madras, and offending against Article 286 of the Constitution and Section 22 of the General Sales Tax Act which incorporates Article 286(2) of the Constitution and was illegal. This contention was upheld by the trial Court and on the ground that the assessment was bad on the foot just now mentioned and the suit of the plaintiff was decreed. On appeal the learned District Judge held that the assessment could be supported on the ground that there was no evidence in the case to show that the purchasers of the goods now in question did not purchase the...
In Re: Rajabather
Court: Chennai
Decided on: Nov-04-1958
Reported in: AIR1959Mad450
ORDERRamaswami, J.1. This Revision is preferred against the conviction and sentence by the learned 7th Presidency Magistrate, Egmore, in C.C. No. 9522 of 1958.The facts are:-- On the morning of 25-7-1958 at about 3-30 A.M. P.W. 1, the Sub Inspector of Police, Otteri, on information received, raided with a party including P.W. 2, the hut of the accused in Sivashanmughapuram 'A' Block, Otteri. The accused was actually kindling the fire of au oven. A copper pot M. O. 1 containing fermented wash of about a gallon was placed over the oven. A perforated mud pot M. O. 2 was placed over M. O. 1. M. O. 3 a receiver and pot was fixed on M. O. 2, which contained three drams of I.D. arrack. PW. 1 collected this in a bottle M. O. 4. Over M. O 2 was M. O. 5 a condenser. The receiver pot was placed on some bricks, M. O. 6 series. P.W. 1 dismantled the arrangements. He also found three other bottles M. O. 7 series by the side of the accused. There were 9 gallons of fermented wash in them. P. W. 2 who ...
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