Chennai Court May 1958 Judgments
In Re: M.K. Ravutha Gounder
Court: Chennai
Decided on: May-20-1958
Reported in: (1958)2MLJ414
ORDERRamachandra Iyer, J.1. This is an application for the issue of a writ of prohibition restraining the respondent, the Regional Inspector of Municipal Councils and Local Boards, Coimbatore, from conducting the election to the office of the President of the Panchayat at Mylambadi Village, Coimbatore district, which was fixed to take place on 15th May, 1958. Mylambadi village has been notified as a Panchayat under the provisions of Madras Act X of 1950. The petitioner is an elector therein. The appropriate authority under the Act has fixed that the Panchayat is to be composed of 15 members. Elections of members to the Panchayat were held on 19th April, 1958, but only twelve out of the fifteen seats were filled up, there having been no valid nominations in respect of the remaining three. The election authority under the Act thereupon notified that fresh elections would be held for these three seats and fixed 21 st May, 1958, for such fresh elections. In the meanwhile steps were taken t...
Tag this Judgment!P. Narayana Moopanar Vs. R. Viswasa Nadar
Court: Chennai
Decided on: May-13-1958
Reported in: (1958)2MLJ491
Ramaswami, J.1. These are two connected Civil Revision Petitions in which the sarne point of law is raised.2. I shall first take up C.R.P. No. 1543 of 1956 which relates to a suit based upon a promissory note, dated 16th December, 1950. Ordinarily the time fixed under the Limitation Act for filing a suit thereon would expire by 16th December, 1953. But on account of the Madras Ordinance V of 1953 and Madras Acts V of 1954 and I of 1955 the suit could not be filed before the expiry of four months from the commencement of Act I of 1955 which received the assent of the President on 24th February, '1955 and was published in the Fort St. George Gazette, Extraordinary, on the ist March, 1955. The total period of stay which was granted under the 1 said Ordinance and Acts comes to one year, six months and twenty-six days. The I said stay came to an end by 30th June, 1955. The suit was filed on 25th January, 1956.The lower Court came to the conclusion that the suit was barred by limitation. I H...
Tag this Judgment!Aravan Servai Vs. Kamugan Servai and ors.
Court: Chennai
Decided on: May-13-1958
Reported in: (1958)2MLJ505
Ramaswami, J.1. The Civil Revision Petition (C.R.P. No. 190 of 1958) has been filed against the order made by the learned Revenue Divisional Officer, Tiruchirappalli in R.A. No. 23 of 1957.2. R.A. No. 23 of 1957 was an application by Kamugan Servai against Aravan Servai and Ramaswami Reddiar for restoration of possession of lands under Section 4(5) of the Madras Cultivating Tenants Protection Act (XXV of 1955) as amended by Madras Act XIV of 1956.3. This application has been allowed and restoration ordered in respect of items 1 and 3 after the existing Samba Crops on them are harvested and the application has been dismissed in respect of item 2.4. Items 1 and 2 belong to Aravan Servai and item 3 to Ramaswami Reddiar. This Civil Revision Petition has been filed by Aravan Servai in regard to item 1.5. On the foot that one Sevugan Servai was a cultivating tenant for this land under Aravan Servai and that Kamugan Servai was interfering with the possession and enjoyment of the suit properti...
Tag this Judgment!A. Ponnambala Achary Vs. K. Mani
Court: Chennai
Decided on: May-13-1958
Reported in: (1958)2MLJ516
Ramachandra Iyer, J.1. This is a revision filed at the instance of the landlord against the order directing the issue of a commission to value a plot of land in the backyard of premises No. 61, Market Street, Siruvallur, Perambur, Madras.2. On 9th July, 1949, the petitioner's father granted a lease of the house-site mentioned above to the respondent for the purpose of enjoying the same by erecting a thatched shed for a period of five years from the date of lease at a rental of Rs. 2 per month. It was stipulated in the lease deed:At the end of the fifth year, I (lessee) shall remove the shed and shall deliver possession of the site to you. I shall not construct any stone building in the undermentioned site.3. On the termination of the lease, the petitioner (his father being dead by then) filed an application for ejectment to the lower Court under Section 41 of the Presidency Small Cause Courts Act, in Ejectment Suit No. 402 of 1955. The ejectment was ordered and by consent nine months' ...
Tag this Judgment!Workers in Hindi Prachar Press (Madras Press Labour Union) Vs. Hindi P ...
Court: Chennai
Decided on: May-12-1958
Reported in: (1958)IILLJ358Mad
V. Pattabhi Ramaiya, J.1. This is an Industrial dispute between the workers and the management of the Hindi Prachar Press, Madras, and it was referred for adjudication to this Labour Court, by G.O. Ms. No. 14, I.L. & C., dated 3 January 1958. The points referred for adjudication as stated in the said Government order are-(1) fixation of quantum of bonus for 1955, and(2) introduction of gratuity scheme. * * *5. On these contentions the following issues were framed for enquiry:(1) To what bonus, if any, are the workers entitled for the year 1955 ?(2)(a) Whether the workers of this concern (?) are entitled to have a gratuity scheme as a second retirement benefit,(b) If so, what should be its terms ?Issue (I).-I shall first deal with the contention that the demand for additional bonus is highly belated. Admittedly this concern's year of account is according to the calendar year and the account year 1955 came to an end on 31 December 1955. Admittedly the demand for additional bonus was put ...
Tag this Judgment!Vittal Rao Mudaliar Vs. Sundararaghavan
Court: Chennai
Decided on: May-02-1958
Reported in: 1958CriLJ1424; (1958)IIMLJ407
ORDERSomasundram, J.1. This is a revision against an order passed by the Sub-Divisional Magistrate, Tiru-pattur in Dis. No. 1536 of 1958.2. A complaint was laid before the Sub-Magistrate, Ambur, alleging that the accused has misappropriated certain collections made by him in a theatre. The complaints, no doubt, incidentally referred to certain false entries in the cash book, -which he had maintained. But. the complainant asked the court to take action for an offence under Section 408, IPC The summons was, therefore, issued to the accused for this offence.After the accused appeared and when the trial started and in the course of the chief examination of the first witness for the prosecution, the witness deposed about the falsification of the entries as well. On this evidence the Sub-Magistrate thought it fit very rightly to make a reference to the Sub' Divisional Magistrate under Section 346 (1), Criminal P. C, as the Sub-Magistrate had no jurisdiction to try the accused for an offence ...
Tag this Judgment!The Chief Controlling Revenue Authority Vs. Mrs. Bagyalakshmi Krishnan
Court: Chennai
Decided on: May-02-1958
Reported in: AIR1958Mad535; (1958)2MLJ277
Ramachandra Iyer, J.1. This is a reference under Section 57 of the Indian Stamp Act. The question referred to this Court relates to the construction of the document, dated 26th December, 1954, executed by Chokkalingam Chettiar in favour of the respondent Mrs. Bagyalakshmi Krishnan and that isWhether the document is only a surrender of lease as it purports to be but also a conveyance of movable assets and liabilities of the lessee's factory for a consideration of Rs. 1,45,837-3-1 and the document therefore falls within Articles 49(b) and 18 of Schedule I-A of the Stamp Act and be stamped as such.2. The respondent granted a lease of certain immovable properties with structures thereon and machinery known as 'Vijayakumar Ginning Factory' at Peelamedu, Coimbatore, by a document, dated 5th December, 1949, in favour of Chokkalingam Chettiar, for a period of 10 years commencing from 1st April, 1949. Under its terms the lessee was to pay the lessor a premium of Rs. 1,00,000 which sum together ...
Tag this Judgment!N. Devasahayam Vs. the State of Madras, Represented by the Secretary, ...
Court: Chennai
Decided on: May-02-1958
Reported in: AIR1959Mad1; (1957)2MLJ38
ORDER 1. In G. O. Ms. No. 4242, Home dated (28-9-1950, the Government relaxed all relevant provisions of the Madras Police Service rules in favour of the following nine Special Armed Police Assistant Commandant Home Guard Commandants and appointed them as Deputy Superintendents of Police-on probation.S.No.NamePost held prior to appointment as Deputy Supe-rintendent of Police1.Sri. N. Devasahayam.Asst. Commandant, Special Armed Police2.Sri. B. Ratnakar Rai.do3.Sri. N. Venkatara-mana Reddy.Commandant, Home Guards4.Shri K. Shreekumara Menon.do5.Sri. K. Ramakrishna Chetty.Asst. Commandant, Special Armed Police6.Sri. C. Raghavendra Rao.do7.Sri. S. Dayashankar.Commandant, Home Guards8.Sri. P. Vijayan.Asst. Commandant, Spe-cial Armed Police9.Sri D. Krishnando It was ordered in that G. O. that the above candidates should be allowed to count their service in the Special Armed Police or Home Guards as the case may be for purposes of increments and seniority in the Madras Police Service. Of the a...
Tag this Judgment!A. Sambandhan Vs. Regional Traffic Superintendent Southern Rly. Tiruch ...
Court: Chennai
Decided on: May-02-1958
Reported in: AIR1959Mad68; (1959)IILLJ613Mad
P.V. Rajamannar, C.J.1. This is an appeal against the judgment of Rajagopalan J., in W. P. No. 255 of 1956 filed under Article 226 of the Constitution by the appellant before us. The facts which led up to the filing of the writ petition are as follows: The appellant is an Assistant Station Master employed in the Southern Railways and after nationalisation of the railways, all the railway servants must be deemed to have become civil servants of the Government of India. Upto 1947 almost all the railway employees were working for 12 hours a day without a weekly holiday. In that year an award was passed by the adjudicator which laid down that there should be work only for eight hours and that there should be a weekly day of rest.As a result of this award about 1000 new hands in the Station masters' cadre had to be employed. To meet this immediate demand 316 persons were directly recruited as probationary station masters. The appellant was one of them and he was appointed as probationary, s...
Tag this Judgment!Mettur Industries Ltd., Represented by W. Harpham, Chairman of the Boa ...
Court: Chennai
Decided on: May-02-1958
Reported in: AIR1959Mad479; (1958)IILLJ326Mad; (1958)IIMLJ453
ORDERBalakrishna Ayyar, J.1. The Mettur Industries Ltd. is the petitioner. The first respondent, A.R. Varma, was employed in the petitioner's mills in Mettur Dam as a Weaving production clerk. On 28-11-1956 the petitioner dismissed the first respondent on the charge that he had been found sleeping on three occasions while on duty on the night of 22nd November 1956. During the enquiry held against him the first respondent nanded over to the enquiring 'officer a letter a copy of which is Ex. A to which reference will be made presently. At the lime the order of dismissal was passed, an industrial dispute between the workmen and the management of the petitioner was pending. So the petitioner filed an application under Section 33(2) of the Industrial Disputes Act before the Labour court for the approval of the action which the petitioner had taken.The first respondent Varma also filed a complaint under Section 33-A of the Industrial Disputes Act alleging that the petitioner had contravened ...
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