Chennai Court September 1958 Judgments
L. Kesava Chettiar Vs. M.M. Ramanatha Mudaliar
Court: Chennai
Decided on: Sep-30-1958
Reported in: (1960)1MLJ452
Ganapatia Pillai, J.1. This Letters Patent Appeal is directed against the judgment arid decree of Ramaswami, J., in C.M.A. No. 442 of 1953. The decree in that appeal confirmed the decree of the District Judge of North Arcot in A.S. No. 377 of 1951, which reversed the decree of the Subordinate Judge of Vellore in O.S. No. 41 of 1951.2. The appellant before us is the plaintiff in O.S. No. 41 of 1951. The suit was laid for recovery of a sum of Rs. 4,371-12-6 due on dealings between the plaintiff and the defendant, had from 29th April, 1946 to 26th March, 1948. The suit itself was instituted on 7th March, 1951 within three years from the date of the last dealing shown in the accounts of the plaintiff. The defendant resisted the suit inter alia on the ground of limitation. The plaintiff pleaded that the account between the parties was a mutual, open and current account, and that, since Article 85 of Schedule II of the Limitation Act applied, the suit was in time. He also relied on acknowled...
Tag this Judgment!Public Prosecutor Vs. Somasundaram and ors.
Court: Chennai
Decided on: Sep-30-1958
Reported in: AIR1959Mad323; 1959CriLJ993; [1961(2)FLR330]
Ramaswami, J.1. This appeal is preferred by the State against the acquittal of accused 4 and the convictions of accused 1 to 3 under Section 304 (Part II) instead of under Section 302 I. P. C., in Sessions Case No. 132 of 1957 on the file of the Sessions Division, Salem.2. The facts of this case are within a brief compass. There have been ill-feelings between the four accused persons and the deceased Naina Goundan. Accused 1 to 3 are the sons of accused 4. The deceased Naina Goundan had purchased lands which originally belonged to accused 4. The accused were pressing this Naina Goundan to give back two acres of land. The deceased was refusing. The accused therefore bitterly hated the deceased.3. On 8-9-1957 at about 9-30 A.M. according to the prosecution the deceased Naina Goundan was ploughing his lands. The four accused then came' there and obstructed the old man from ploughing. They were insisting that he should give them back two acres of land. On Naina Goundan persisting in plough...
Tag this Judgment!Serandaya Pillai and anr. Vs. Sankaralingam Pillai and anr.
Court: Chennai
Decided on: Sep-30-1958
Reported in: (1959)2MLJ502
Ramaswami, J.1. This Second Appeal is preferred against the decree and judgment of the learned Subordinate Judge, Tirunelveli, in A.S. No. 21 of 1955, reversing the decree and judgment of the learned District Munsif of Tuticorin in O.S. No. 42 of 1953.2. The plaintiffs are the uterine brothers of the second defendant Gnanamuthammal whose husband is the first defendant. The father of plaintiffs and the second defendant died when the second defendant was very young. The second defendant has been brought up by the plaintiffs. The second defendant, not to put too fine a point on it, seems to have grown up into an ugly black woman. Therefore, eligible bridegrooms were not forthcoming to marry her. In fact she remained a comparatively old spinster till she was aged 28. In fact in this community of Nangudi Vellalas of Srivaikuntam, it is very unusual for a girl to remain unmarried till she becomes middle-aged. The plaintiffs finally selected the first defendant. They had to offer him special ...
Tag this Judgment!V.S.T. Sheik Mansoor theraganar and anr. Vs. S.V.S. Sankarapandia Muda ...
Court: Chennai
Decided on: Sep-25-1958
Reported in: AIR1959Mad96
2. This appeal which is directed against the decree in O. S. No. 154 of 1951 on the file of the Sub-Court, Tirunelveli, raises a question under Section 13 of the Madras Agriculturists Relief Act IV of 1938. The defendants in the suit which was laid for recovery of Rs. 20,000 are the appellants. On 2-12-1943 they as borrowers began certain monetary dealings with the plaintiff. On that day a sum of Rs. 7000 was advanced to the former, who agreed to repay the same with interest at 10 1/2 per cent. per annum.That transaction and those that followed were entered in Ex. A-1 styled as a pass book, in some respects similar to the banker's pass book. The terms of the initial advance were entered in the book in the form of a promissory note for the amount lent, and the signatures of the defendants were taken on proper revenue stamps.Subsequent advances and payments were entered in the book and at the end of each year of account (the end of the month of Adi according to the Tamil calendar) intere...
Tag this Judgment!M.K. Manickam Chettiar Vs. Union of India and anr.
Court: Chennai
Decided on: Sep-25-1958
Reported in: AIR1960Mad149
Ganapatia Pillai, J. (1) This appeal is preferred by the plaintiff in O. S. No. 56 of 1953 on the file of the Subordinate Judge, Kumbakonam, against the decree dismissing that suit. The respondents are the Union of India, represented by the General Manager, Southern Railway, and the General Manager, Central railway.(2) The appellant who is a trader in coriander seeds claimed Rs. 14659-1-6 and interest at 6 per cent per annum on this amount from 23-1-1951 to 3-12-1951. The plaint was originally presented to the court of the Subordinate Judge, Tanjore, under the following circumstances. In December 1950, the plaintiff instructed one Motilal Madan Mohan of Bidar in the old Motilal Madan Mohan of Bidar in the Old Hyderabad State to purchase for him 300 bags of dhania and despatch them by rail to Mannargudi. Accordingly, 300 bags were loaded by the broker of Motilal Madan Mohan, on 25-12-1950 at Bidar station in the broad guage wagon No. G. I. P. 22315. The railway receipt No. 13205 obtaine...
Tag this Judgment!M.K. Manickam Chettiar Vs. the Union of India (Uoi) by General Manager ...
Court: Chennai
Decided on: Sep-25-1958
Reported in: (1959)2MLJ365
Ganapatia Pillai, J.1. This appeal is preferred by the plaintiff in O.S. No. 56 of 1953 on the file of the Subordinate Judge, Kumbakonam, against the decree dismissing that suit. The respondents are the Union of India, represented by the General Manager, Southern Railway, and the General Manager, Central Railway.2. The appellant who is a trader in coriander seeds claimed Rs. 14,659-1-6 and interest at 6 per cent, per annum on this amount from 23rd January, 1951 to 3rd December, 1951. The plaint was originally presented to the Court of the Subordinate Judge, Tanjore, under the following circumstances. In December, 1950, the plaintiff instructed one Motilal Madan Mohan of Bidar in the old Hyderabad State to purchase for him 300 bags of dhania and despatch them by rail to Mannargudi. Accordingly, 300 bags were loaded by the broker Motilal Madan Mohan, on 25th December, 1950, at Bidar station in the broad gauge wagon No. G.I.P. 22315. The railway receipt No. 13205 obtained for the goods wa...
Tag this Judgment!The Madras Pencil Factory, by Its Proprietors, V. Perumal Chetty and S ...
Court: Chennai
Decided on: Sep-24-1958
Reported in: (1960)1MLJ429
ORDERBalakrishna Ayyar, J.1. This is a petition for the issue of an appropriate writ to restrain the Regional Provident Fund Commissioner from enforcing his orders dated 28th November, 1956, 29th December, 1956, and 6th March, 1957. The relevant facts are these. The petitioners are the firm of V. Perurnal Chetty & Sons. They run a pencil factory in Madras, in which according to one part of the record 114 people and according to another part of the record 140 people are employed. The factory utilises imported machinery, and attached to the factory is a foundry and a workshop in which certain spare parts required for the use of the machinery are fabricated. The number of persons employed in this workshop and foundry is 23.2. On 28th November, 1956, the Regional Provident Fund Commissioner wrote to the petitioners,Your factory comes under the purview of the Employees Provident Funds Act, 1952 and the Scheme framed thereunder from 1st November, 1952 as it is engaged in the manufacture of '...
Tag this Judgment!In Re: M. Ratnaswami Mudaliar and ors.
Court: Chennai
Decided on: Sep-24-1958
Reported in: AIR1959Mad203; 1959CriLJ614; (1959)ILLJ631Mad
1. The petitioners in these six cases are owners of weaving concerns in Karur. They have put up thatched sheds, where they have installed a certain number of handlooms. Of these, towels and bed-sheets are manufactured by casual piece-workers who go there. The staff in each of these establishments consists of only two clerks and a Mistry, who alone constitute the permanent members.The residents of the neighbourhood, when they have time and feel inclined to do so, go to these sheds at whatever hour they like, when the work is in operation there, and are supplied with the yarn by the owners of these sheds, if they like, arid work on the looms as they fall vacant. This yarn they weave into towels and bed-sheets for which they are paid at certain, rates.When they spoil the cloth, they are fined, and the fines are deducted out of the amounts due to them for the cloth woven by them. The principal occupation of the residents of Karur is agriculture. But weaving is also a well-known industry of...
Tag this Judgment!(Minor) Medai Dalavoi R. Ranganatha Mudaliar Adopted Son of Medai Dala ...
Court: Chennai
Decided on: Sep-24-1958
Reported in: AIR1959Mad253
1. The appeal has been filed by minor Dalavoi Ranganatha Mudaliar, plaintiff in O. S. No. 31 of 19-34 on the file of the Subordinate Judge of Tirunel-veli against the decree and judgment in so far as they went against him. He had filed the suit for partition and separate possession, as the adopted son of Ranganatha Mudaliar who died on 11-1-1950. He had claimed a half share in the plaint properties comprised in Schedules 1-A to 1-11 on the ground that in those divided properties got by Tirumalaiappa Mudaliar, the father of Ranganatha Mudaliar, Kumaraswami Mudaliar and Shanmugakumaraswami Mudaliar, at a partition with his three sons on 18-6-1930 succession opened only on the death of his widow, the life-estate holder on 12-5-1954, when there were only two heirs.Tirumalayappa died on 22-11-1980, after executing a will dated 14-9-1930, bequeathing his divided and undivided shares of the properties, got at the partition, to his wife, Ulagammal Anni, to be enjoyed by her for her life-time b...
Tag this Judgment!The Madras Pencil Factory, by Its Proprietors, V. Perumal Chetty and S ...
Court: Chennai
Decided on: Sep-24-1958
Reported in: AIR1959Mad235; (1959)ILLJ262Mad
1. This is a petition for the issue of an appropriate writ to restraint the Regional Provident Fund Commissioner from enforcing his orders dated 28-11-1956, 29-12-1958 and 6th March, 1957. The relevant facts are these.2. The petitioners are the firm of V. Perumal Chetty and Sons. They run a pencil factory in Madras, in which according to one part of the record 114 people and according to another part of the record 140 people are employed. The factory utilises imported machinery, and attached to the factory is a foundry and a workshop in which certain spare parts required for the use of the machinery are fabricated. The number of persona employed in this workshop and foundry is 23.3. On 28-11-1955 the Regional Provident Fund Commissioner wrote to the petitioners,"Your factory conies under the purview of the Employees Provident Funds Act, 1952, and the Scheme framed thereunder from 1-11-1952 as it is engaged in the manufacture of "General Engineering Products" one of the industries menti...
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