Chennai Court December 1958 Judgments
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J. Manicka Gounder Vs. Inspector of Factories
Court: Chennai
Decided on: Dec-09-1958
Reported in: 1959CriLJ1186; (1959)ILLJ271Mad
ORDERSomasundaram, J.1. The accused in this case was convicted for an offence under Section 6 read with Rule 5 (3) and Section 92 of the Factories Act, and, sentenced to pay a fine of Rs. 50, and was also further directed to pay a sum of Rs. 25 as licence fees.2. The facts are these : On 18-11-1957 at 9-15 a.m. P.W. 1, the Inspector of Factories, Vellore, inspected the premises in question. There was a 10 H.P. electric motor working. It was working thedecprticator. The manufacturing process consisted in decorticating groundnut, drying them and packing the kernels in gunny bags. There were 18 persons working at these various processes. Five were men and 13 were women.3. Beyond this evidence there was no evidence let in to establish that either they received wages or were employed by or on behalf of the mills. In this state of evidence the only question that arises for consideration is whether it is a factory within the definition of Section 2(m) of the Factories Act, 1948. 'Factory' is ...
M.S.O.S.P.V. Velayudam Chettiar and ors. Vs. the Special Tahsildar for ...
Court: Chennai
Decided on: Dec-08-1958
Reported in: AIR1959Mad462; (1959)1MLJ348
1. These are two connected appeals arising from the order and decree of the learned Subordinate Judge of Madurai in O. P. No. 143 of 1951.2. S. Nos. 386/1A, 3S6/1B, 386/1C1, 889/9A1, 389/9A2, 389/9B1 and 389/9B2, Government-dry, totalling Ac. 1-51 cents in extent situate in Melur village, have been acquired for use as a playground for the Roman Catholic Mission School in Melur.3. The site had been inspected by the learned Subordinate Judge with the counsel for both parties. The site is a contiguous plot lying immediately south of the Melur-Sivaganga road. It is at the end of the habitations commencing from the bazaar street. West of it are houses at a distance of half a furlong and a cinema theatre. On the northern side of the Melur-Sivaganga road and opposite to the site acquired there are houses and in particular, one belonging to R. W. 1. That site is however within the Melur Panchayat limits. There is a Panchayat Board well at its northwestern corner. South of the acquired site is ...
Sri Chamundeeswari Weaving and Trading Co. (Private) Ltd. Vs. Mysore S ...
Court: Chennai
Decided on: Dec-05-1958
Reported in: AIR1959Mad251; (1959)1MLJ217
1. This is a petition under Sections 37 and 46 (2) of the Trade Marks Act (Central Act V of 1940), for the removal of the trade mark of the first respondent from the Register of Trade Marks.2. The petitioner is a private limited company carrying on business in the manufacture and sale of handloom sarees. The first respondent is a company whose registered office is in Bombay. It owns and conducts a spinning mill in Bangalore. The second respondent is the Registrar of Trade Marks, Bombay.3. On 10-6-1942, the first respondent made Appln. No. B. 1108 for the registration of a trade mark consisting of the word "Chamundi" in respect of cotion and artificial silk piece goods of all kinds. On 7-10-1942, the first respondent made two further applications, being applns. Nos. B. 62078 and B.62080 for registration of trade marks each containing a picture of Goddess Chamundi and claiming registration of the marks in respect of "tissues (piece goods); bed sheets and table covers; textile articles no...
K.S. Venkatesam Naidu and Sons, Madras Vs. State of Madras
Court: Chennai
Decided on: Dec-05-1958
Reported in: AIR1959Mad335; (1959)1MLJ288
P.V. Rajamannar, C.J.1. The learned City Civil Judge was right in refusing to grant the application of the petitioners in respect of the correspondence which passed between the Superintending Engineer and the Executive Engineer, Such interdepartmental correspondence cannot be compelled to be produced. Of course any correspondence which passed between an officer of the State and the petitioners must be produced when summoned. The learned counsel for the petitioners explained why he wanted this correspondence. According to him this will disclose why the corrections were made in the blue print, according to which they made the furniture.It is certainly open to them to let in oral testimony of what happened at the time of the corrections and also the reason why the corrections were made. If the petitioners swear to the facts which are contained in the particulars filed by them in I. A. No. 703 of 1958 on 24-8-1958 it would then be incumbent on the Superintending Engineer or the Executive E...
Papanasam Labour Union by Its Secretary V. Mutiah Vs. State of Madras ...
Court: Chennai
Decided on: Dec-05-1958
Reported in: AIR1959Mad360; (1959)ILLJ526Mad
ORDERBalakrishna Ayyar, J.1. This is a petition by the Papanasam Labour Union for the issue of a writ of mandamus directing the State of Madras to refer all the matters referred to in a strike notice issued by the petitioner to the Madura Mills Co., Ltd., for adjudication under the Industrial Disputes Act.2. Most of the workers in the Madura Mills Co., Ltd., belong to one or other of eight unions. The petitioner is one of such unions. The Madura Mills Co., Ltd., is engaged in the production of cotton textiles, and, the cotton textile industry has been declared to be a public utility service for the purposes of the Industrial Disputes Act, 1947. On 3rd May 1956 the petitioner served notice on the Madura Mills Co. Ltd., that the workers would go on strike unless the following seven demands were conceded:1. Bonus o six months basic wages for the year 1955.2. Minimum basic wage of unskilled workers to be increased to Rs. 30 per mensem.3. Dearness allowance to be raised from threeannas to f...
The State of Madras Represented by the District Collector of Tiruchira ...
Court: Chennai
Decided on: Dec-04-1958
Reported in: (1959)2MLJ127
Ramachandra Iyer, J.1. This Second Appeal arises from the decree of the Additional District Judge of Tiruchirappalli in A.S. No. 220 of 1955 reversing that of the District Munsiff: of Tiruchirappalli in O.S. No. 411 of 1951. The State of Madras represented by the Collector of Tiruchirappalli, the defendant in the; suit, is the appellant.2. The suit was filed for a declaration that the plaintiffs as the riparian owners of the Uyyankondan river in Tiruchirappalli district were entitled to bale out water from the river free of tax for the irrigation of their inam lands in Sendanipuram village, and for refund of Rs. 100 collected from them by way of tax. Inam Sendanipuram which comprises of an extent of 144.29 acres is a hamlet of the village of Varaganeri in Tiruchirapalli District. It was originally granted as a personal inam to one Karibulla Sahib in 1875 by the Carnatic rulers. The grant was recognised and confirmed by the British Government. Ex. D-3 is an extract of the fair inam regi...
The State of Madras Represented by the Collector of Coimbatore Vs. Jam ...
Court: Chennai
Decided on: Dec-04-1958
Reported in: AIR1959Mad369; (1959)1MLJ278
1. This appeal is directed against the decree and judgment of the learned Subordinate Judge of Coimbatore in O. S. No. 24 of 1952.2. The plaintiff is the son of a carpenter who has studied unto the fourth class. His elder brother is a cleaner earning Rs. 30 a month. The plaintiff also wanted to become a fitter and the selling of ice fruit by him, was apparently only a temporary job till the plaintiff reached sufficient age to join the St. Michael's Workshop to learn the fitter's job. In these circumstances on the date of the occurrence, viz., 10 a.m., on 16-7-1950, the plaintiff after returning from Church was sitting on the culvert near the main gate of the Forest College with one of his legs folded and resting on it and his other leg hanging down.Then a bus bearing M.D.C. 3967 belonging to the Arthur Hope's College of Technology, now known as the Government College of Technology, crossed this culvert near main gate of the Forest College, Coimbatore. There is no dispute that this bus ...
S.R. Srinivasaraghavan Vs. Padmavathi Ammal (Died) and ors.
Court: Chennai
Decided on: Dec-04-1958
Reported in: AIR1959Mad468
Ramachandra Iyer, J.1. This appeal is preferred against the judgment of the Subordinate Judge of Rumba-konam in O. S. No. 3 of 1954. Defendant 1 is the appellant. The suit was laid for recovery of possession. Padmavathi Animal, the plaintiff in the case, died pending the appeal. Her legal representatives have been impleaded as party respondents to the appeal. Padmavathi Annual was the grandmother of the appellant. One Minakshisundaram Chettiar left behind him a son, Sitaraman, through his first wife, and another son, Ramaswami, through Padmavathi Animal, the second wife. Ramaswami died in 1931, leaving his widow, Rukmani Ammal, and his son. the appellant. In O. P. No. 117 of 1931, both Padmavathi Ammal and Rukmani Ammal were appointed as joint guardians for the minor son of the latter, the appellant on 7-8-1932 by the District Judge of West Tanjore. Some years prior thereto, during the lifetime of Ramaswami, two suits were instituted in the Sub Court, Kumbakonam. O. S. No. 72 of 1927, ...
K. Parthasarathy Vs. C. Nataraja Odayar and ors.
Court: Chennai
Decided on: Dec-03-1958
Reported in: AIR1959Mad156; (1959)1MLJ11
1. This appeal arises out of a petition filed by the appellant before us, as before the Election Commission of India in connection with the election of two members to the Madras Legislative Assembly from the Kallakurichi constituency. Of the two seats one was a general seat and the other a seat reserved for the scheduled castes. There were seven candidates out of whom the first respondent who had stood for the general seat was declared elected to it, having obtained the largest number of votes.The second respondent who stood for the reserved seat got the highest number of votes among the candidates who competed for the reserved seat and was also declared elected. The appellant obtained less votes than the, first respondent. He stood for the general seat and the only ground with which we are now concerned in the appeal which seeks to set aside the election of the first respondent to that seat is that he was guilty of a corrupt practice which is set out in paragraph 12 of the petition to...
Km.N.Sp.N. Valliammai Achi Vs. J.A. Ramachandra Ayyar and ors.
Court: Chennai
Decided on: Dec-03-1958
Reported in: (1959)2MLJ178
Panchapakesa Ayyar, J.1. This Civil Miscellaneous Appeal first came on for hearing before one of us (Basheer Ahmed Sayeed, J.). As it was represented before him that it involved a question of law of considerable importance not covered by any decision of this Court or any other High Court or Supreme Court till now, it was directed to be posted before a Bench. That is how it has come up before us for hearing and disposal.2. The facts were briefly these : One Nachiappa Chettiar was the first mortgagee in respect of the suit properties worth some Rs. 35,000 from one Ramachandra Iyer the owner and mortgagor (Defendant 1). This Ramachandra Iyer had also executed a second mortgage by deposit of title deeds, operating as equitable mortgage for some Rs. 7,000 and odd in favour of Seth Dayaldas Hasanand (Defendant 2). The plaintiff, Valliammai Achi, the widow of Nachiappa Chettiar, obtained a preliminary decree in O.S. No. 210 of 1949 on the file of the Subordinate Judge of Madurai against the m...
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