Chennai Court April 1958 Judgments
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Rangaswami Naidu Vs. Angusami Naidu and ors.
Court: Chennai
Decided on: Apr-11-1958
Reported in: AIR1959Mad407; (1958)2MLJ271
1. This revision petition is filed at the instance of the decree-holder in a mortgage suit against the order of the Subordinate Judge of Coim-batore in E. A. No. 426 of 1956. That was an application for the issue of a cheque by the petitioner-decree-holder. The petitioner obtained a mortgage from the first respondent and he filed O. S. No. 27, of 1953 on the file of the Sub Court, Coimbatore, for a decree for the sale of the mortgage properties. A preliminary decree was passed on 6-4-1953 and the final decree was passed on 15-6-1954. In execution of the final decree the mortgage properties were brought to sale and a sum of Rs. 4,041-5-0 was put into Court representing the proceeds of sale,The decree-holder, thereafter filed E. A. No. 426 of 1955, an application for the withdrawal of the amount. The auction purchaser filed a memorandum into Court stating that as the Government wag taking proceedings to bring to sale the properties in execution of a decree in their favour for Court-fee i...
State of Madras (by Secretary, Home Department) Vs. Ramaswaml (K.) and ...
Court: Chennai
Decided on: Apr-10-1958
Reported in: (1958)IILLJ228Mad; (1958)IIMLJ372
P.V. Rajamannar, C.J.1. This is an appeal by the State of Madras against the judgment of Subba Rao, J., in W. P. No. 692 of 1951 filed in the following circumstances. The respondents are drivers employed to ply buses owned by the State of Madras who run the State Transport Service in the City of Madras. The State purported to deduct from wages due to them certain amounts for damages to the buses when they were being driven by them respectively. The drivers protested that the State was not entitled to make the deductions and they applied to the Commissioner for Workmen's Compensation, Madras, for a decision that the deductions were not validly made.2. The State purported to make the deductions under Section 7(2)(c) of the Payment of Wages Act. Under that provision deduction! from the wages of an employed person can be made for damage to or loss of goods expressly entrusted to the employed person for custody or for loss of money for which he is required to account, where such damage or l...
National Traders, a Firm of Merchants in Partnership Vs. Hindustan Soa ...
Court: Chennai
Decided on: Apr-10-1958
Reported in: AIR1959Mad112; (1960)IIMLJ195
Ramachandra Iyer, J. 1. This appeal arises under Clause 35 of the Letters Patent from the judgment of Basheer Ahmed Sayeed J. in C. C. C. A. No. 93 of 1952, at the instance of the plaintiff. That appeal arose out of a suit filed by the appellant for the refund of Rs. 2976-8-0, being the price paid in respect of 5 tons of caustic soda sold to him by the respondent with interest thereon. The appellant is a firm of merchants carrying on business at Madras.The respondent is carrying on business at Erode, Coimbatore district, under name of 'Hindustan Soap Works.' The respondent had entered into a contract for the supply of '5 tons of caustic soda solid No. 97/98 U. S. A. origin' with Messrs. Alfred Mackenzie and Co., Ltd. Madras. The goods had arrived at the Madras harbour on 7-1-1949 and were stocked in the godovm of Messrs. Alfred Mackenzie and Co.On 11-1-1949 the appellant entered into a contract with the respondent for the purchase of the aforesaid goods at Rs. 28-12-0 per cwt. On 21-1-...
Salem Dharmapuri Union Motor Service (Private), Ltd. Vs. Labour Court ...
Court: Chennai
Decided on: Apr-08-1958
Reported in: (1958)IILLJ594Mad; (1958)IIMLJ609
ORDERBalakrishna Ayyar, J.1. The petitioner is the management of the Salem-Dharmapuri Union Motor Service (Private), Ltd., Salem. The respondent 2 was a conductor in the employ of the petitioner. On 31 January 1953, the management issued a circular to all their conductors directing that, when a bus stopped at a point and fresh passengers got in tickets should be issued then and there and that it was only after tickets had been issued to all, the conductor should instruct the driver to proceed further. The respondent 2 was aware of this circular. On 17 October 1956, the managing director of the petitioner company made a surprise check of the bus of which the respondent 2 was a conductor at a point 1 1/2 or 2 furlongs away from a place called Uthanampalli, which was the previous stop of the bus. He then found that there were five passengers in the bus to whom tickets had not been issued. The management apparently took the view that tickets had not been issued in order that the price of t...
T. Krishnaveni Ammal by Her Husband and Power of Attorney Agent T.Rama ...
Court: Chennai
Decided on: Apr-08-1958
Reported in: (1958)2MLJ421
P.V. Rajamannar, C.J.1. This is an appeal against the Judgment of Rajagopala Ayyangar J., dismissing a petition filed by the appellant for the issue of a writ in the nature of a writ of mandamus directing the State of Madras to forbear from taking over possession of an estate known as East Mambalam and West Mambalam in the district of Madras as notified in the Notification published in the Fort. St. George Gazette, dated 12 th December, 1950, and from interfering with collection of arrears of rent due to the petitioner and from taking any proceedings under Madras Act XXVI of 1948. The two estates, East Mambalam and West Mambalam, originally formed part of one estate known as the Mambalam zamin, and it is due to historical reasons that what was originally a single zamindari became split up into separate parts known as East and West Mambalam. The reason for this splitting was the enlargement of the limits of the Presidency-town. Originally the entire zamin was part of the district of Chi...
India Coffee and Tea Distributing Co. Ltd. Vs. State of Madras
Court: Chennai
Decided on: Apr-04-1958
Reported in: [1958]9STC769(Mad)
Ramachandra Iyer, J. 1. The plaintiff, Messrs India Coffee, and Tea Distributing Company, Ltd., has filed these appeals against the judgment of Ramaswami, J., in two suits, C.S. Nos. 51 and 163 of 1951. The appellant is a company registered under the Indian Companies Act with its head office at Bombay carrying on business at Madras. The main business of the company is stated to consist of the sale of tea and rubber in India and outside on behalf of resident and non-resident principals. In respect of tea and rubber sold by the company during 1947-48 as commission agents the Deputy Commercial Tax Officer, Mannady, Madras, assessed the turnover at Rs. 43,03,171-15-6. Rs. 22,14,764-11-8 of the turnover represented the price of the goods sold on behalf of the resident principals and the balance Rs. 20,88,407-3-10 represented sales on behalf of foreign principals. Out of this Rs. 19,68,064-11-7 represented the price of goods exported outside India. The Deputy Commercial Tax Officer assessed ...
Corporation of Madras by Commissioner Vs. B.D. Kothandapani Chetty
Court: Chennai
Decided on: Apr-04-1958
Reported in: AIR1958Mad620; (1958)2MLJ377
P.V. Rajamannar, C.J.1. This Civil Revision Petition raises a question of limitation which is not directly covered by authority. It arises out of a suit filed in the Court of Small Causes at Madras by the Corporation of Madras, the petitioner before me, against the respondent for the recovery of a sum of Rs. 248 representing the cost of a lamp-post which had been damaged by the defendant's lorry on the 4th November, 1950. The suit was filed on 1st August, 1953. One of the pleas raised by the defendant was that the suit was barred by limitation because it had not been brought within two years from the date on which the damage was caused, under Article 36 of the I Schedule to the Indian Limitation Act. It was contended on behalf of the Corporation that Article 36 did not apply but Article 49 was applicable to the case and the suit was in time, having been filed within three years of the date of the injury. The learned Judge of the Court of Small Causes who tried the suit held that Articl...
India Coffee and Tea Distributing Company, Ltd. Vs. the State of Madra ...
Court: Chennai
Decided on: Apr-04-1958
Reported in: (1960)1MLJ311
Ramachandra Iyer, J.1. The plaintiff M/s. Indian Coffee and Tea Distributing Company Ltd., has filed these appeals against the Judgment of Ramaswami, J., in two suits, C.S. Nos. 51 and 163 of 1951. The appellant is a company registered under the Indian Companies Act with its head office at Bombay carrying on business at Madras. The main business of the Company is stated to consist of the sale of tea and rubber in India and outside on behalf of resident and non-resident principals. In respect of tea and rubber sold by the company during 1947-48 as commission agents the Deputy Commercial Tax Officer, Mannady, Madras, assessed the turnover at Rs. 43,03,171-15-6. Rs. 22,14,764-11-8 of the turnover represented the price of the goods sold on behalf of the resident principals and the balance Rs. 20,88,407-3-10 represented sales on behalf of foreign principals. Out of this Rs. 19,68,064-11-7 represented the price of goods exported outside India. The Deputy Commercial Tax Officer assessed the p...
Ramaswami Goundar Vs. Muthuvel Goundar and anr.
Court: Chennai
Decided on: Apr-04-1958
Reported in: (1959)2MLJ212
ORDERPanchapakesa Ayyar, J.1. This is an appeal by one Ramaswami Goundar, a judgment-debtor in O.S. No. 244 of 1949 on the file of the District Munsif, Dindigul, against the judgment and decree of the Subordinate Judge, Dindigul, in C.M.A. No. 6 of 1953 re versing the order of the District Munsif, Dindigul, in E.A. No. 222 of 1952, in E.P. No. 381 of 1951, in O.S. No. 244 of 1949, allowing an application of this appellant under Order 21, Rule 90 and Section 47, Civil Procedure Code and setting aside the sale held on 2nd January, 1952, of two kulis and odd of land belonging to the appellant, and charged with a maintenance of Rs. 60 per year, in favour of his setp-mother Savadammal, the decree-holder. The facts were briefly these.2. In O.S. No. 244 of 1949, Savadammal got a maintenance decree for Rs. 5 per month against this appellant, and that amount was charged on a house site and two kulis and odd of land valued in the plaint at Rs. 350, but really worth much more. Savadammal was also...
Deptylal, Lessee, Coronation Talkies, Ootacamund by Power of Attorney ...
Court: Chennai
Decided on: Apr-04-1958
Reported in: AIR1959Mad460
ORDERBalakrishna Ayyar, J.1. This is a petition for the issue of an appropriate writ to quash the order of theCollector of Nilgiris directing the eviction of the petitioner from certain premises in Ootacarnund.2. The property described in the proceedings as Coronation Talkies belonged to an evacuee who has gone away to Pakistan. This property includes a cinema theatre, three residential rooms and an office. In exercise of the powers conferred on them under Central Act 44 of 1954, the officers concerned gave a lease of this portion to the petitioner in 1951 for a period of two years. The lease was renewed from time to time till 1955. In June 1955, the Regional Settlement Commissioner invited tenders for the sale of the property. He also ordered the eviction of the petitioner. Against the order of eviction the petitioner appealed to the Chief Settlement Commissioner, New Delhi. That Officer heard the petitioner and his counsel and on 1-8-1957 passed an order dismissing his appeal.3. On 3...
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