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Chennai Court March 1959 Judgments

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Mar 06 1959

Sri Rama Vilas Service (Private) Ltd., Kumbakonam by Its Director, K.A ...

Court: Chennai

Decided on: Mar-06-1959

Reported in: AIR1959Mad492

1. These two appeals were heard together because they raise a common question of law. One of them is from the judgment of Balakrishna Aiyar J., and the other from the judgment of Rajagopalan J. Before we deal with the several contentions raised at the Bar, it will be useful to set out the facts in each of the two cases. Writ Ap. No. 101 of 1958 from W. P. No. 650 of 1958 arms out of applications for the grant of a permit to ply stage carriage between Mayuram and Thiruchitrambalam. There were five applicants. The Regional Transport Authority followed the system of marking prescribed in G. O. No. 129S Horne, dated 28-4-1956 and on the basis of the marks secured by the respective applicants, granted the permit to Veerappa Pillai, proprietor of Sri Sathi .Vilas Bus Service who had obtained 41/4 marks.The Sales Services and Transports (Private) Ltd Mayuram, another applicant to whom the Regional Transport Authority had awarded 1 mark, filed an appeal to the State Transport Appellate Tribuna...


Mar 05 1959

South Arcot Electricity Distribution Co. Ltd. Vs. Elumalai and ors.

Court: Chennai

Decided on: Mar-05-1959

Reported in: AIR1959Mad401; (1959)ILLJ624Mad; (1959)2MLJ545

ORDERBalakrishna Ayyar, J.1. The questions for determination in all these writ petitions are the same, and, I shall therefore, deal with them together.2. With effect from 1-6-1957, the Government of Madras took over the undertaking of the South Arcot Electricity Distribution Company Ltd. They did so in exercise of the powers conferred on them by Madras Act XXIX of 1954. One consequence of this taking over, was that by virtue of Section 6 of the Act all the properties of the company and all its rights, liabilities and obligations as on the vesting date, subject to certain provisos, vested in the Government. Sometime after they took over the undertaking the Government transferred it to the Madras State Electricity Board.The taking over of the undertaking of the company by the Government had another consequence which was probably not anticipated. Section 25-FF of the Industrial Disputes Act, as it stood in 1956, that is to say, before it was amended by Central Act 18 of 1957, provided tha...


Mar 03 1959

Valliammal Ammal Vs. Periaswami Udayar

Court: Chennai

Decided on: Mar-03-1959

Reported in: AIR1959Mad510

ORDERRamachandra Iyer, J.1. These matters have been referred by the office for directions as to the maintainability of the above appeals. S. R. No. 37109 is an appeal against an order for judicial separation under S. 10(1) of the Hindu Marriage Act of 1955. The petition for judicial separation was filed by the husband on 10-9-1957 in the Sub-Court, Tanjore. S. R. No. 14179 is an appeal against an order dismissing an application for divorce. That petition was filed by the husband who is the appellant on 17-12-1956 in the District Court of Tiruchirapalli.The petition was later transferred by the District Judge to the Subordinate Judge of Tiruchirapalli, who passed an order dismissing the petition. S. R. No. 27783 is a C. M. S. A. against an order of the District Judge of South Arcot at Cuddalore, reversing the order of the Sub-Court and granting a decree for restitution of conjugal rights. The application was filed in the year 1956 originally in the District Court It was later transferre...


Mar 03 1959

The Managements of Cambodia Mills Ltd., Coimbatore Vs. the Industrial ...

Court: Chennai

Decided on: Mar-03-1959

Reported in: AIR1959Mad532; (1959)IILLJ80Mad

ORDERBalakrishna Ayyar, J. 1. The Management of the Cambodia Mills Ltd., Coimbatore is the petitioner. In October 1958 the second respondent, Karunakaran, was working as an electrical supervisor in the Mills. His immediate superior was the Electrical Engineer, Gopalan by name. On 26th October, 1958 the Electrical Engineer reported in writing to the Manager that at 9 a.m. that day he had asked Karunakaran to work on the 2nd shift from the 27th in the place of one Ponnappan who had resigned and that 'he angrily and defiantly reported that he will see the manager and let the manager say to that effect, that then only he will attend for the night shift.'The Electrical Engineer further reported 'I told him that I wanted him to come for the night shift, that there was no use of his arguing the matter with me and that if he had any grievance he is at liberty to report and complain to the manager.' But Karunakaran was in no mood to heed to his orders and went away saying that he would first se...


Mar 03 1959

Management of Cambodia Mills Vs. the Industrial Tribunal High Court an ...

Court: Chennai

Decided on: Mar-03-1959

Reported in: (1959)2MLJ285

ORDERBalakrishna Aiyar, J.1. The Management of the Cambodia Mills Ltd., Coimbatore, is the petitioner. In October, 1958, the second respondent, Karunakaran, was working as an electrical supervsior in the Mills. His immediate superior was the electrical engineer, Gopalan, by name. On 26th October, 1958, the Electrical Engineer reported in writing to the Manager that at 9 A.M. that day he had asked Karunakaran to work on the second shift from the 27th in the place of one Ponnappan who had resigned and thathe angrily and defiantly retorted that he will see the manager and let the Manager say to that effect, that then only he will attend for the night-shift. The Electrical Engineer further reported:I told him that I wanted him to come for the night-shift, that there was no use of his arguing the matter with me and that if he had any grievance he is at liberty to report and complain to the manager. But Karunakaran was in no mood to heed to his orders and went away saying that he would first...


Mar 03 1959

S. Rengaraja Iyengar and anr. Vs. Achikannu Ammal and anr.

Court: Chennai

Decided on: Mar-03-1959

Reported in: (1959)2MLJ513

Subrahmanyam, J.1. The plaintiffs appeal from the judgment of the learned Additional Subordinate Judge, Devakottai, in A.S. No. 1 of 1956 on his file by which he allowed the appeal preferred by the defendants against the judgment and decree of the District Munsif of Devakottai, in O.S. No. 134 of 1954. The suit was for a declaration that the plaintiffs were the owners of the site described in the plaint schedule and for a decree setting aside the order passed by the District Munsif in E.A. No. 92 of 1954, on his file and directing possession of the property to be delivered to the plaintiffs.2. The suit property is the northern portion of the property purchased by the plaintiffs under Exhibit A-6 on 14th November, 1951, from one Alagappa Chettiar and three others. A part of this northern portion had been leased by one of the vendors in favour of one Muthayya under Exhibit A-4 on 1st October, 1945. The lease was to enable Muthayya to construct and conduct a tea-shop in the site. He accor...


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