Chennai Court March 1959 Judgments
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Working Journalists of Tamil Nadu Represented by Madras Union of Journ ...
Court: Chennai
Decided on: Mar-24-1959
Reported in: AIR1959Mad501; (1959)IILLJ84Mad; (1959)2MLJ318
P.V. Rajamannar, C.J.1. This is an appeal against the judgment of Balakrishna Aiyar J. in W.P. No. 184 of 1958 filed by the management of a Tamil Weekly newspaper called 'Tamil Nadu' which is being published from Madurai. Ponnuswami, Subramanian and Ramiah were working as proof readers for this newspaper. The Working Journalists (Conditions of Service) and Miscellaneous Provisions Act (Act 45 of 1935) came into force on 20-12-1955. In exercise of the power conferred under Section 8 of the Act, the Central Government appointed a Board to fix the rates of wages for working journalists in newspaper establishments.The decision of the Wage Board was published on 11-5-1957, According to that decision newspaper establishments were classified into five classes on the basis of their gross revenue. 'Tamil Nadu' falls under class E. The Board classified the working journalists into four groups ,tnd in the schedule published along with their decision the functions of the various categories of work...
Moosa Kazimi Vs. K.M. Sheriff and anr.
Court: Chennai
Decided on: Mar-23-1959
Reported in: AIR1959Mad542; (1959)IILLJ344Mad
ORDERRamachandra Iyer, J. 1. This is an application for the issue of a writ of certiorari, calling for the records in P. W. case No. 174 at 1950 on the file of the Commissioner for Workmen's Compensation, Madras, and quashing the order of the Commissioner, for Workmen's Compensation, dated 7th December 1956, whereby a sum of Rs. 253 towards arrears of wages and a further sum of Rs. 12 as costs were awarded to the first respondent as against the petitioner. The petitioner, who was running a restaurant called Lucky Cafe in Avanashi Road, Coimbatore, purchased, on 1-11-1955, the goodwill and all other rights in a hotel. Davey and Co. near the railway station, which included a bakery as well. The first respondent was one of the employees in Davey and Co. According to the first respondent, his services were continued by the petitioner. The former was, however, discharged from service on 10-2-1956. Claiming that he was entitled to arrears of wages on the foot of a monthly salary of Rs. 175, ...
B. Radhakrishnan Vs. State of Madras and ors.
Court: Chennai
Decided on: Mar-21-1959
Reported in: AIR1960Mad231
ORDER(1) By a treaty concluded in 1814 between England and France all the possessions in India which had belonged to the French on 1-1-1792 were to be restored to them. The French also bound themselves not to erect any fortifications in India and to keep in their establishments only such troops as were 'necessary for the maintenance of the police'. In pursuance of this treaty the territories in question were actually handed over to the French in December 1816 (vide page 418 of Vol. 1 of the South Arcot Dt. Gazetteer).(2) The territories that were so handed over to the French included what we formerly used to call the French Settlements of Pondicherry. These settlements do not constitute a compact block but include a number of enclaves inside the district of South Arcot. It is impossible to enter some of these enclaves or emerge from them without crossing Indian territory. For instance a person who wants to go from Pondicherry Town to Canniacoil, both in Pondicherry territory, has to cr...
The Buckingham and Carnatic Co. Ltd., Madras Vs. the Buckingham and Ca ...
Court: Chennai
Decided on: Mar-20-1959
Reported in: AIR1960Mad102; (1959)IILLJ338Mad
ORDER(1) The Buckingham and Carnatic Co., Ltd.--I shall hereafter call it the Mills-employs in all some 14,700 persons. Of these about 700 belong to the clerical establishment. 434 members of the clerical establishment belong to the Buckingham and Carnatic Mills Staff Union. Some 10,000 of the workmen including a few members of the clerical establishment belong to the Madras Labour Union. In March 1955 the Madras Labour Union wrote to the management making various demands on behalf of the employees of the mills. Conciliation proceedings were started, but they ended in failure.In November 1955, the Government of Madras referred various matters in issue between the Madras Labour Union and the Mills to the industrial Tribunal, Madras. Subsequently the Labour Union and the management agreed that the disputes might be referred to arbitration by a sitting Judge of this court, and, Ramaswami Goundar J. was appointed arbitrator. On 19-1-1957 he made an award.(2) In the clerical establishment o...
Madras Kanthimathi Mills Ltd. Vs. Special Land Acquisition Officer for ...
Court: Chennai
Decided on: Mar-20-1959
Reported in: AIR1960Mad278
(1). The appellants in these two civil miscellaneous appeals are the Kanthimathi Mills Ltd., through its managing director, and the only respondent in C. M. A. No. 41 of 1957 and the first respondent in C. M. A. No. 42 of 1957 is the Special Land Acquisition Officer for Co-operative Housing Schemes, Madras. There are other respondents in C. M. A. No. 42 of 1957, who gave security on behalf of the appellant for withdrawing a portion of the decree amount in O. P. No. 1 of 1949.(2) C. M. A. No. 41 of 1957 arises out of E. A. No. 124 of 1956 and C. M. A. No. 42 of 1957 arises out of E. A. No. 75 of 1956, both filed in O. P. No. 1 of 1949 on the file of the Court of the Subordinate Judge, Tirunelveli, O. P. No. 1 of 1949 was instituted by the Kanthimathi Mills Ltd., under S. 18 of the Land Acquisition Act, claiming enhanced compensation for its land acquired by the Special Land Acquisition Officer for Co-operative Housing Schemes. By the order in that O. P., the Subordinate Judge awarded en...
T.R. Thyagarajan Vs. Official Liquidator and ors.
Court: Chennai
Decided on: Mar-20-1959
Reported in: AIR1959Mad538
1. This is an appeal against the order of Subrahmanyam J. passed by him on an application made by the appellant, T. R. Thyagarajan (Appln. No. 584 of 1858) to modify alt order of the Official Liquidator dated 27-1-1958 passed in the course of the proceedings in the liquidation of a public limited company named Messrs. Kutty and Rao (Engineers) Ltd. The Indian National Industries Ltd. were the managing agents of Kutty and Rao Ltd. There was another private limited company called Sayanas Ltd., of which the appellant claims to be a secured creditor for a sum of Rs. 21,180, He alleged that Messrs. Sayanas Ltd., gave security for the sums advanced by him--certain moveable properties of the approximate Value of Rs. 20,000. They comprised:Chandler and Price Folio size tradle 1Hongkong half Crown tradle 1Chandler and Price 24" cutting machine 1Perforating machine 1 Lead types 4000 Lbs Racks for types 50 Stands 12Subsequently instead of the Indian National Industries Ltd., Messrs. Sayanas Ltd.,...
T.R. Tyagarajan Vs. the Official Liquidator and ors.
Court: Chennai
Decided on: Mar-20-1959
Reported in: (1959)2MLJ294
ORDERP.V. Rajamannar, C.J.1. This is an appeal against the order of Subrahmanyam, J., passed by him on an application made by the appellant, T.R. Tyagarajan (Application No. 584 of 1958) to modify an order of the Official Liquidator, dated 27th January, 1958, passed in the course of the proceedings in the liquidation of a public limited company named Messrs. Kutty and Rao (Engineers) Ltd. The Indian National Industries, Ltd., were the managing agents of Kutty and Rao, Ltd. There was another private limited company called Sayanas, Ltd., of which the appellant claims to be a secured creditor for a sum of Rs. 21,180. He alleged that Messrs. Sayanas, Ltd., gave a security for the sums advanced by him certain movable properties of the approximate value of Rs. 20,000.They comprised Chandler & Price Folio Size Treadle .. 1Hongkong-Half Crown Treadle .. 1Chandler & Price 24' Cutting Machine .. 1Perforating machine .. 1Lead types .. 4000 Ib.Racks for types .. 50Stands .. 12Subsequently ...
Kanthimathi Mills, Ltd. by Managing Director, M.S. Chockalingam Pillai ...
Court: Chennai
Decided on: Mar-20-1959
Reported in: (1959)2MLJ506
Ganapathia Pillai, J.1. The appellants in these two C.M.As. are the Kanthimathi Mills Ltd through its Managing Director, and the only respondent in CM A No. 41 of 1957 and the first respondent in C.M.A No. 42 of 1957 is the Special Land Acquisition Officer for Co-operative Housing Schemes, Madras. There are three other respondents in C.M.A. No. 42 of 1957, who gave security on behalf of the appellant for withdrawing a portion of the decree amount in O.P. No. 1 of 1949.2. C.M.A. No. 41 of 1957 arises out of E.A. No. 124 of 1956 and C M A No. 42 of 1957 arises out of E.A. No. 75 of 1956, both filed in O.P. No. 1 of 1949 on the file of the Court of the Subordinate Judge, Tirunelveli O.P. No. 1 of 1949 was instituted by the Kanthimathi Mills, Ltd., under Section 18 of the Land Acquisition Act claiming enhanced compensation for its land acquired by the Special Land Acquisition Office for Co-operative Housing Schemes. By the order in that O.P. the Subordinate Judge awarded enhanced compensat...
S. Kr. A. Adappa Chettiar Vs. Meenakshi Achi
Court: Chennai
Decided on: Mar-19-1959
Reported in: AIR1960Mad146
(1) The only question argued in this second appeal is whether the money for the recovery of which the suit was instituted was 'money lent under an agreement that it shall be payable on demand', or whether it was 'money deposited under an agreement that it shall be payable on demand'. If the former, Art. 59 of the Limitation Act would apply and the suit would be barred by limitation. If the latter, Art. 60 would apply and the suit would be in time.(2) Both the lower Courts have held that the suit was, as regards limitation, governed by Art. 60 and was in time.(3) The plaintiff is a Nattukottai Chettiar woman by name Meenakshi Achi. The defendant is a Nattukottai Chettiar money-lender. The money which he received from her was her stridhanam. When he received the money, he gave her the document Ex. A. 1. It may be thus translated:'Credit Meenakshi Achi (plaintiff) wife of Meyyappa Chettiar and debit S. Kr. A. Kr. Adappa Chettiar (defendant) Rs. 4,000. The said sum of Rs. 4,000 will be pai...
Buckingham and Carnatic Company, Ltd. Vs. Venkatiah and anr.
Court: Chennai
Decided on: Mar-19-1959
Reported in: (1959)IILLJ92Mad
ORDERBalakrishna Ayyar, J.1. Venkatiah, respondent 1, was an employee of the Buckingham and Carnatic Company, Ltd. He was granted six days leave with effect from 10 January 1957. Allowing for the holidays that followed he should have joined duty on 19 January 1957. But he did not do so. Nor did he apply for extension of leave as required by the standing orders of the company. Standing Order 8(ii) of the company provides that any employee who absents himself for eight consecutive working days without leave shall be deemed to have left the company's service without notice thereby terminating his contract of service. The standing order, however, provides that if the employee gives an explanation to the satisfaction of the management, his absence shall be converted into leave without pay or dearness allowance. If it is also proved to the satisfaction of the management that the absence was due to sickness, then the employee is entitled to have his absence converted into medical leave for su...
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