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Chennai Court July 1961 Judgments

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Jul 12 1961

Madurai Municipality Vs. Abdul Razack Sahib

Court: Chennai

Decided on: Jul-12-1961

Reported in: (1962)1MLJ47

Srinivasan, J.1. Abdul Razack was charged with having committed an offence falling under Sections 175 and 313 of the District Municipalities Act. He was tried by the Judicial Sub-Magistrate of Madurai who held that the prosecution was barred by limitation. Since I propose to confine myself to only this question, the other conclusions reached by the learned Magistrate that in addition to the above defect there was no valid sanction for the prosecution and further that the case did not fall within the scope of Section 175 of the District Municipalities Act, are not being dealt with herein. On the acquittal of the accused, Special Leave to appeal was applied for and granted by this Court. In this appeal the correctness of the view taken by the learned Magistrate in acquitting the accused is being-canvassed.2. For a consideration of the question of limitation, it would be sufficient testate that the accused purported to sell his land in certain plots and those sales had been effected on nt...


Jul 10 1961

N.P.S.N. Ramiah Nadar and ors. Vs. N.K.R. Amirtharaj

Court: Chennai

Decided on: Jul-10-1961

Reported in: AIR1962Mad163

(1) This is an appeal from the order of Ramaswami J., in O. P. No. 272 of 1952, directing the Government of India to obtain one or more competent persons and inspectors to investigate into the affairs of the Nadar Press Ltd. Sivakasi and to report thereon for further action to be taken under S. 242 of the Companies Act of 1956, if it appears to the Central Government that such action should be taken thereunder. The substantive application, namely, O. P. No. 272 of 1952, was filed under S. 153-C of the Indian Companies Act, 1913 for obtaining an order appointing an administrator or receiver to take charge of the business, properties and assets of the company, for terminating the service of the managing director and other directors, who were in charge of the affairs of the company and for certain other reliefs on the footing that there was mismanagement of the company by the board of directors and that the affairs of the company were conducted in a manner detrimental to the interests of...


Jul 10 1961

N.P.S.N. Ramiah Nadar and ors. Vs. N.K.R.K. Amirtharaj

Court: Chennai

Decided on: Jul-10-1961

Reported in: (1962)1MLJ353; AIR1962MAD163

S. Ramachandra Iyer, O.C.J.1. This is an appeal from the Order of Ramaswami, J. in O.P. No. 272 of 1952 directing the Government of India to obtain one or more competent persons and inspectors to investigate into the affairs of the Nadar Press, Ltd., Sivakasi and to report thereon for further action to be taken under Section 242 of the Companies Act of 1956, if it appears to the Central Government that such action should be taken thereunder. The substantive application, namely, O.P. No. 272 of 1952, was filed under Section 153-C of the Indian Companies Act, 1913, for obtaining an order appointing an Administrator or Receiver to take charge of the business, properties and assets of the Company, for terminating the services of the Managing Director and other Directors, who were in charge of the affairs of the Company and for certain other reliefs on the footing that there was mismanagement of the Company by the Board of Directors and that the affairs of the Company were conducted in a ma...


Jul 04 1961

Late O.A.O.K. Rm. Arunachalam Chettiar Represented by O.A.O.K. Rm. Ar. ...

Court: Chennai

Decided on: Jul-04-1961

Reported in: (1962)1MLJ158

S. Ramachandra Iyer, O.C.J.1. The estate of late O.A.O.K. RM. Arunachalam Chettiar (who died on 20th November, 1952) in the hands of his legal representative was assessed to tax for the period from 1st April, 1952 to 20th November, 1952, by the Income-tax Officer, Karaikudi, on 30th March, 1954. Notice of demand of tax due was served on the assessee on 22nd April, 1954. The assessee filed an appeal against the order of assessment before the Appellate Assistant Commissioner on 20th May, 1954. Unfortunately, the appeal petition was not accompanied by the notice of demand, though it was otherwise in order. On the same day, the Appellate Assistant Commissioner returned the petition to the assessee for supplying the defect, viz., filing the notice of demand. He also stated:petitioner may, if so advised, re-submit the petition after rectifying the defects.The assessee re-presented the appeal with the demand notice on 24th May, 1954. If that date is taken as the date of presentation of the ap...


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