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Chennai Court December 1959 Judgments

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Dec 16 1959 (HC)

In Re: Rm.P.M. Ranganathan Chettiar

Court: Chennai

Reported in: (1960)1MLJ330

ORDERRamachandra Iyer, J.1. In my opinion the remedy of the appellant is only to file an appeal against the decree on the terms of which he says he has got a grievance. Clause (2) of the decree cannot be construed as a mere order postponing execution. Civil Revision Petition cannot be entertained....

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Dec 14 1959 (HC)

Ganapathi Pandaram and anr. Vs. Collector of Coimbatore and ors.

Court: Chennai

Reported in: AIR1961Mad66

Subrahmanyam, J.1. This is a petition under Article 226 of the Constitution by the hereditary trustees and poojaries of the Velloi Vinayagar temple of Puliampati, Palladam taluk, Coimbatore Dt. for the issue of a writ of certiorari to remove the order passed by the District Collector on 14-2-1957 in R. Dis. No. 30402/56 to the file of the court and to quash the said order.2. S. No. 50 in Puliampatti village known as Andikadu has been granted as Devadayam inam by a King of Mysore for the support of Pagoda of Vellai Vinayagar. At the time of the Inam Commission proceedings, Poojari Pangi Andi was in possession of the inam. The Inam Commissioner confirmed the inam permanently to the Pagoda so long as it was well kept up and issued on 19-12-1863 inam title deed No. 1076 in the name of Pangi Andi, Poojari of the temple. In 1956 the land was in the possession of respondents 4 and 5. The Sub Collector of Pollachi, exercising the powers of Collector under Section 35(2) of the Madras Hindu Reli...

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Dec 14 1959 (HC)

Madura Mills Co. Ltd. Vs. the State of Madras

Court: Chennai

Reported in: [1967]11STC622(Mad)

Rajagopalan, J.1. The petitioner, a spinning mill with its headquarters at Madurai, assessed to sales tax on its purchase turnover in cotton, applied under Section 12-B of the Sales Tax Act to set aside the order of the Appellate Tribunal which confirmed the assessment on a turnover of (1) Rs. 3,54,152-9-9 in the assessment year 1949-50 (the transactions were between 26th January, 1950 and 31st March, 1950, T.R.C. No. 21 of 1957); (2) Rs. 4,51,24,252-7-3 in the assessment year 1952-53 (T.R.C. No. 22 of 1957); and (3) Rs. 6,70,57,555-5-3 in the assessment year 1951-52 (T.R.C. No. 23 of 1957). The main ground on which the petitioner-assessee claimed that these items of its turnover were not assessable to sales tax is the same in all the three assessment years and we find it convenient to dispose of all the three petitions together, even as the Tribunal disposed of the appeals, by a single judgment.2. The petitioner-assessee was a dealer and in the relevant assessment years the assessee o...

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Dec 14 1959 (HC)

Ganapathi Pandaram and anr. Vs. the Collector of Coimbatore and ors.

Court: Chennai

Reported in: (1960)1MLJ247

ORDERSubrahmanyam, J.1. This is a petition under Article 226 of the Constitution by the hereditary trustees and poojaris of the Vellai Vinayagar temple of Puliampatti, Palladam Taluk, Coimbatore District, for the issue of a writ of certiorari to remove the order passed by the District Collector on 14th February, 1957, in R. Dis. No. 30402 of 1956 to the file of this Court and to quash the said order.2. S. No. 50 in Puliampatti Village known as Andikadu had been granted as Devadayam Inam by a King of Mysore for the support of the Pagoda of Vellai Vinayagar. At the time of Inam Commission proceedings, Poojari Pangi Andi was in possession of the inam. The Inam Commissioner confirmed the inam permanently to the Pagoda so long as it was well kept up and issued on 19th December, 1863, inam title deed No. 1076 in the name of Pangi Andi, Poojari of the temple. In 1956 the land was in the possession of respondents 4 and 5. The Sub-Collector of Pollachi, exercising the powers of Collector under ...

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Dec 14 1959 (HC)

Visweswaraswami and Veeraraghavaperumal Devasthanam, by Trustee R.V. E ...

Court: Chennai

Reported in: (1960)1MLJ467

ORDERSubrahmanyam, J.1. This is a Petition by the trustees of the Visweswaraswami and Veeraraghavaperumal Devasthanam, Tirupur, that the order passed by the District Collector, Coimbatore, on 5th September, 1957, in his Proceedings No. 5692/5 7-C-7, be removed to the file of this Court and the said order be quashed.2. Survey Nos. 163 and 165 of Tirupur Village, which correspond to present Town Survey Nos. 902 and 899 of Tirupur Town, were granted in inam to Sri Visweswaraswami by Hyder Nawab of Srirangapatam for the performance of pooja in the temple of the Swami at Tirupur. The Inam Commissioner found that the temple was in existence and the service was being performed and that the person who was the archaka in the temple at that time was one Kumaraswami Ayyan, a minor aged five years, who was having the services performed by a gumastha called Kuppayyan. The inam was confirmed to the archaka so long as he continued the performance of the service and Inam title deed No. 1052 was issued...

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Dec 14 1959 (HC)

C.N. Varadappan Vs. the State of Madras Represented by the Collector o ...

Court: Chennai

Reported in: (1963)1MLJ405

S. Ramachandra Iyer, J.1. This is an appeal under Section 7(1) of the Madras: Act XXX of 1956 against the declaration made by the Estate Abolition Tribunal, Vellore, that the inam village of Nazarathpet, situate in Sriperumbudur Taluk, Chingleput District, was an inam estate within the meaning of Act XXVI of 1948. The proprietor of the estate is the appellant.2. The inam Nazarathpet is a Shrotriem inam village granted by the East India Company to one Varadappa Mudali, an ancestor of the appellant. The village is a part of what was originally called Tondamandalam. The regime of the Muhammadan Rulers in the 17th and 18th centuries brought about practically a collapse of the agricultural economy in that part of the country, partly by reason of the unconscionable assessments and demands made by the Rulers or their servants-upon the cultivators, and partly due to devastation by war, famine, etc. Emigration and consequent depopulation followed. It was in that condition that the Nawab of the ...

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Dec 12 1959 (HC)

Ramanasramam by Its Secretary G. Sambasiva Rao and ors. Vs. the Commis ...

Court: Chennai

Reported in: AIR1961Mad265; (1960)2MLJ121

1. This appeal is directed against the decree and judgment of the learned Subordinate Judge, Vel-lore, in O.S. No. 69 of 1954.2. It is a statutory suit filed under Section 62 of the Madras Hindu Religions and Charitable Endow ments Act (hereinafter referred to as the Act) by the persons aggrieved who consist of Sri Ramanas- ramam, by its Secretary G. Sambasiva Rao, T. N. Venkataraman, A. W. Chadwick, S. S. Cohen, Framji Dorabji, A. Devaraja Mudaliar and C. Somasunda- ram Pillai. The defendant is the Commissioner for Hindu Religious and Charitable Endowments, Madras.The question for consideration is whether the component part of Sri Ramanasramam, by name Sri Mathrubhutheswaraswanai temple, an institution registered under the Societies Registration Act, (Ex. A. 23 dated 11-9-1950) is a temple as contemplatetd by Section 6(17) of the Act, as has been held by the learned Sulwrdinate Judge or a public religious trust as has been contended by the plaintiffs, with the following objects, viz.,...

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Dec 11 1959 (HC)

Management of C. Velusamy Nadar Transports, Udamalpet, Coimbatore Dist ...

Court: Chennai

Reported in: (1960)ILLJ481Mad

ORDERRajagopala Iyengar, J.1. The legality of the award of the Labour Court, Coimbatore, in an industrial dispute which was referred to it is the subject matter of this writ petition which has been filed by the management.2. The petitioner, management in question is one which was conducting a transport undertaking. Gopal the second respondent in this petition was employed as a driver of a lorry in this undertaking.While he was in charge of a lorry the vehicle met with a serious accident on 20-9-1957 by reason of which the lorry became a total loss. The person who was actually driving the vehicle at the time of the accident was a cleaner by name Dayanandan who had no licence to drive. The management immediately after the accident issued notice to both the driver and the cleaner to show cause why they should not be dismissed from service for misconduct. Gopal the driver replied on 23-9-1957 pleading that he was not responsible for the accident blaming it on Dayanandan alone and attribute...

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Dec 11 1959 (HC)

Muhammad Badsha Saheb and ors. Vs. Duraisami Goundan

Court: Chennai

Reported in: (1960)1MLJ412

ORDERSubrahmanyam, J.1. The appeal (C.M.S.A. No. 80 of 1958) is from the order, dated 27th August, 1958, passed, by the District Judge of South Arcot in A.S. No. 346 of 1956 on his file. C.R.P. No. 2037 of 1958 is preferred from the order passed by the Assistant Collector, Tiruppattur, on 9th June, 1958, in T.P. No. 58 of 1957.2. S.T. Muhammad Hussain leased the land to which she appeal and the petition relate, on 7th June, 1951, to Duraisami Goundan. The lease expired with 12th May, 1952. Muhammad Hussain instituted O.S. No. 379 of 1952 on the file of the District Munsif of Tirupattur for evicting Duraisami Goundan. A decree ex parte was passed in that suit on 16th September, 1954. Duraisami Goundan a plied on 17th September, 1954, that the decree be set aside. During the pendency of that application, he was dispossessed, in execution of the decree, on 30th October, 1954. The decree was set aside on 5th April, 1955. Madras Act XXV of 1955 (Madras Cultivating Tenants' Protection Act) c...

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Dec 11 1959 (HC)

R. Venkatachalam Chetty Vs. the Board of Revenue by the Commissioner o ...

Court: Chennai

Reported in: (1960)2MLJ213

ORDER1. The disputes which have given rise to this Writ Petition centre round the grant of a 'No objection Certificate' to run a touring cinema in the village of Olagadam, which is a minor Panchayat in the Coimbatore District. The Petitioner Venkatachalam Chetty made an application to the Collector for the grant of such a certificate in respect of a site which bore S.F. No. 726 in the village. This application was preferred on 1st September, 1958. The Collector complied with the request of the applicant and granted the certificate after making the necessary enquiries and after satisfying himself that the requisite formalities had been complied with. Besides the petitioner one Subramaniam had also made an application for the grant to himself of a 'No objection certificate' in respect of S.F. No. 695 in the same village. This application also had been received in the office of the Collector on 1st September, 1958. This application of Subramaniam was pending before the Collector when Venk...

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