Chennai Court September 1958 Judgments
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Chinnah Goundan and ors. Vs. Subramania Chettiar and anr.
Court: Chennai
Decided on: Sep-24-1958
Reported in: AIR1959Mad246
Ramachandra Iyer, J. 1. This is an appeal against a preliminary mortgage decree passed by the Subordinate Judge of Vellore O. S. No. 89 of 1949. Defendants 2 to 4 (sic) are the plaintiffs. The three items of properties which are the subject-matter of the decree originally belonged to two persons. Mottayya and Ramaswami. They mortgaged the properties in the year 1921 under three documents, Exs. A-1, A-2 and A-3, to one Venkatachala.Venkatachala in turn executed a mortgage on 1-2-1923 under Ex. A-4 in favour of one Muthukumara whereby he created a security over his mortgage rights acquired under Exs. A-1 to A-3 and his other properties for a sum of Rs. 7500. Muthukumara, whose interests with regard to that debt subsequently devolved on his brothers Narayanaswami, was then in the position of a sub-mortgagee with reference to the suit properties.A few months later Venkatachala purchased the equity of redemption in the suit properties from Mottayya and Ramaswami. In 1929, Venkatachala mortg...
Sundarammal Vs. Sadasiva Reddiar and ors.
Court: Chennai
Decided on: Sep-19-1958
Reported in: AIR1959Mad349
Ramachandra Iyer, J. 1. This appeal is against an order of remand passed by the District Judge of Coimbatore in A. S. No. 156 of 1953 directing the rehearing of O. S. No. 344 of 1950 on the file of the Sub Court, Coimbatore, in the light of the observations made by the learned District Judge in his judgment, The plaintiff is the appellant herein and she filed a suit for recovery of possession of the suit properties from the defendants on the allegation that the properties originally belonged to her husband, Perumal Reddiar who died intestate. Perumal left behind him three widows. It is stated on behalf of the plaintiff that Perumal Reddiar died a divided member of the family, divided from his step brothers, who are now represented by defendants 3 and 4 and the father of the first defendant, viz., the 4th defendant. On an earlier occasion the contesting defendants set up Ex. A. 2 as the will of the deceased Perumal. According to the plaintiff the will was a fabricated one. The genuinene...
S.S. Palanisami Nadar Vs. the State of Madras
Court: Chennai
Decided on: Sep-18-1958
Reported in: AIR1960Mad8; [1959]10STC207(Mad)
(1) This second appeal is preferred against the decree and judgment of the learned District Judge of Ramanathapuram, in A. S. No. 72 of 1955, confirming the order and decree of the learned District Munsif of Sattur, rejecting an unnumbered plaint.(2) The plaintiff was assessed to pay sales-tax by the Deputy Commercial Tax Officer, No. 2, Virudhunagar. His appeals to the Commercial Tax Officer, Ramanathapuram, and again to the Deputy Commissioner of Commercial Taxes and finally to the Board of Revenue were rejected. The plaintiff then filed a suit before the District Munsif, Sattur, contending that the order passed by the Board of Revenue is illegal and ultra vires and not sustainable on the merits of the case as also the orders of the officers of the Sales-tax department. Both the learned District Munsif and the learned District Judge, relying on the provisions of S. 18-A of the General Sales-tax Act, held that the civil court had no jurisdiction to entertain the suit, as against the s...
Parambot Thayunni Balakrishna Menon Vs. Govind Krishnan (Minor) and an ...
Court: Chennai
Decided on: Sep-15-1958
Reported in: AIR1959Mad165; 1959CriLJ483
1. Crl. R. C. No. 543 of 1958 is filed against the order of the Third Presidency Magistrate passed in M. P. No. 332 of 1957, granting maintenance to the respondents at Rs. 460 pef month by the petitioner herein; and Crl. R. C. No. 544 of 1958 is against the order of the same Magistrate in M. P. No. 213 of 1958. refusing to set aside the ex parte order of maintenance passed in favour of the respondents.2. The petitioner is in the employ of the Government of India as Charge-d-Affairs, Indian Embassy at Santiago, Chile. South America. He married the mother of the respondents, and after giving birth to two children on whose behalf the petition for maintenance was filed, there were divorce proceedings between the petitioner and his wire; the wife has been divorced and she has married another.The petition for maintenance was filed in court at a time when the petitioner was serving in Bagdad as First Secretary in the Indian Embassy there. Summons were sent out on 26-11-1957 in accordance with...
Stanes Motors (South India) Ltd. Vs. the State of Madras
Court: Chennai
Decided on: Sep-12-1958
Reported in: [1959]10STC154(Mad)
ORDERThe order of the Court was pronounced byRajagopalan, J.1. The assessee was assessed to sales tax on a turnover of Rs. 9,07,053-1-0 plus Rs. 79,218-0-3. The first item represented the charges levied by the assessee for retreading the old tyres of customers. The second item represented the sales tax he collected from those customers and remitted to the Government under section 8-B of the Sales Tax Act.2. The limited question at issue before us is whether the assessee is liable to sales tax on this aggregate sum. In view of our decision in T.R.C. No. 233 of 1956 etc. since reported as Sundaram Motors (private) Ltd. v. The State of Madras [1958] 9 S.T.C. 687, we have to hold that there was no element of sale in the work carried out by the assessee on behalf of the customers in retreading old tyres. They may be contracts for carrying out works. But there was no element of sale. In the absence of sale there can be no liability to pay sales tax. The levy of the sales tax on this amount w...
Nathella Sampathu Chetty and anr. Vs. Collector of Customs, Madras
Court: Chennai
Decided on: Sep-11-1958
Reported in: AIR1959Mad142
1. The first petitioner is the proprietor of a firm which carries on business at Madras in gold bullion and jewellery. The second petitioner is an employee of the firm. On 26-6-1956 when the second petitioner alighted from the Bombay Mail at Central Station at Madras, he was in possession of four blocks of Moosa gold weighing about 1000 tolas valued at over one lakh of rupees. The claim of the petitioner all along was that the first petitioner was the owner of that sold as it was with the money found by the first petitioner that the gold was purchased at Bombay by the second petitioner for and on behalf of the first petitioner.2. The following narrative of what happened after the second petitioner got off the train at the Central Station on 26-6-1956 is taken from the order of the Collector of Customs dated 11-3-1956:"On 26-6-1956 at about 6 a.m. Sri G. Nandagopal (second petitioner) who alighted at the Central Railway Station from the Bombay Express train was intercepted by a Head Con...
Dhandapani (V.) Vs. Salem Co-operative Wholesale Stores Ltd.
Court: Chennai
Decided on: Sep-10-1958
Reported in: (1959)ILLJ635Mad
Ramachandra Ayyar, J.1. This second appeal arises from the decree of District Judge of Salem in A.S. No. 360 of 1954 affirming the decree of the District Munsif of Salem in 0.8. No 323 of 1953.The plaintiff is the appellant. He filed a suit out of which this appeal arises for recovery of a sum of Rs. 1,183-7-4 representing the arrears of salary from 18 November 1951 to 8 February 1953 and bonus payable to him for two years 1950-51 and 1951-52.2. The appellant was employed as a godown keeper in the respondent-society since October 1943. His service was terminated by an order, dated 17 November 1951, by the society. There was an appeal at the instance of the appellant to the Assistant Commissioner for Workmen's Compensation, Madras, under Section 41 of the Madras Shops and Establishments Act, and that officer set aside the order of the respondent as illegal. Thereupon the respondent-society re-entertained the appellant from 8 February 1953. The appellant has filed the present suit for th...
Arokyathammal Vs. Mookayee Alias Arokyathammal
Court: Chennai
Decided on: Sep-10-1958
Reported in: AIR1959Mad180
1. This is a second appeal preferred against the decree and judgment of the learned Subordinate Judge of Pudukottai in A. S. No. 20 of 1955 modifying the decree and judgment of the learned District Munsif of Pudukottai in O. S. No. 232 of 1953. 2. The facts are within short compass and they raise an interesting point of law. Items 1 to 4, 6 to 12, 14 to 20. 22 to 27, 30, 36 and 37 of the plaint A schedule which will hereinafter be referred to as the disputed properties belonged to Innasimuthu, a Roman Catholic Christian. He married the plaintiffs mother as his first wife and begot the plaintiff. Subsequently he married the first defendant as his second wife and begot a son, Savarimuthu. Innasimuthu died in 1936 leaving him surviving his two widows, Savarimuthu, his son by the second wife and the plain-tiff, his daughter by his first wife. It is common ground with the parties in appeal that though Innasimuthu was an Indian Christian, he was governed, at the time he died, by Hindu law no...
The Great Eastern Shipping Co. Ltd. Vs. S. Mohammed Samiullah Saheb an ...
Court: Chennai
Decided on: Sep-10-1958
Reported in: AIR1959Mad367; (1959)1MLJ149
ORDERRamachandra Iyer, J.1. This revision petition arises under the following circumstances. The first respondent is a firm of merchants carrying on business at Madras. 101 bundles of buffalo skins were shipped from Calcutta through the Great Eastern Shipping Co., Ltd, the petitioner in March 1953 for being delivered to the first respondent. The goods were brought by the petitioners by a steamship S.S. Jal Ganga and in due course the goods arrived at Madras.The second respondent, the Port Trust of Madras, toot delivery of the goods and delivered only 97 bundles to the first respondent. Thereupon the first respondent filed a suit for recovery of a sum of Rs. 1153, Rs. 1048 being the value of the four bundles not delivered and Rs, 105 being towards damages. . The claim for damages was, however, given up at the stage of the trial. The petitioner resisted the claim of the first respondent mainly on two grounds, (1) that the suit was barred as 'he consignee did not file a claim with them wi...
The Management of tamil Nadu Madurai Vs. Working Journalists of Tamil ...
Court: Chennai
Decided on: Sep-09-1958
Reported in: AIR1959Mad343
ORDERBalakrishna Ayyar, J.1. This is a petition for the issue of an appropriate Writ to quash the order made by the Labour Court. Madurai in I. D. No. 1 of 1957. 2. The mater facts are these. The petitioner is the management of a Tami! doily newspaper called 'Tamil Nadu' which is being published from Madurai from about 1951. Three individuals named Ponnuswami Subramanian and Ramiah were working as Proof Readers in the 'Tamil Nadu.' Two of them have studied in the fourth form and the third in the sixth form. On 20-12-1955 Central Act 45 of 1955 called the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 came into force. Under Section 8 of the Act the Central Government constituted a Wage Board for fixing the rates of wages of working journalists in accordance with the provisions of the Act. The decision of the Wage Board was published on 11-5-1957. According to the scheme adopted by the Board the 'Tamil Nadu' was classified as a 'g' Class newspaper. The...
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