Chennai Court August 1963 Judgments
G. Rangaraju Vs. Parthasarathi
Court: Chennai
Decided on: Aug-29-1963
Reported in: (1964)1MLJ12
T. Venkatadri1. This Revision Petition arises out of the proceedings under the Madras Buildings (Lease and Rent Control) Act, i960. The petitioner in this Revision Petition is the tenant. He was in occupation of a non-residential portion of building on a rent of Rs. 65 per month. Originally, the landlord filed an application for eviction of the petitioner herein, on the ground that there was wilful default in payment of arrears of rent for the month of March, 1959. At the time of the Application, he mentioned that he committed an error in including the month of April also in the petition. The Rent Controller dismissed the application, on the ground that there was only a delay of eight days, and even assuming that there was a delay, it had to be condoned. On appeal, this decision was reversed and the learned Judge came to the conclusion that there was a wilful default on the part pf the petitioner herein and ordered eviction. It is against this order that the present Revision has been f...
Tag this Judgment!N.A.R. Subbiah Chettiar Vs. S.M. Viswanathan Chettiar (Dead) and ors.
Court: Chennai
Decided on: Aug-28-1963
Reported in: AIR1964Mad120
Kunhamed Kutti, J.1. The point for determination in this civil miscellaneous appeal is whether the direction of the learned Subordinate Judge to deposit the sale price into Court after having confirmed the sale is legally sustainable.2. The facts leading to this order can shortly be stated :In O.S. No. 5 of 1954 on the file of the Subordinate Judge of Devakottai, the appellant Subbian Chettiar obtained 'a money decree against the first respondent Viswanatnan Chettiar, since deceased. In execution of the said decree, he attached and brought to sale certain immoveable properties of the first respondent and purchased them himself after obtaining court's permission to bid and set off, this sale was on 20-6-1955.The first respondent was in arrears of income-tax to the extent of over Rs. 21000 and the revenue authorities had taken steps against him under the Revenue Recovery Act to realise the said arrears. But as his property had been attached and sold in court auction, the Union 05 India r...
Tag this Judgment!T.M. Vythilinga Pillai, Sri Ambiga Bus Service Vs. R. Lakshminarayanan ...
Court: Chennai
Decided on: Aug-28-1963
Reported in: AIR1964Mad465
Anantanarayanan, J.1. The appellant before us IT. M. Vythilingam Pillai) was the grantee in, respect of a stage' carriage permit for the route Cuddalors to Vridhachalam before the State Transport Appellate Tribunal, Madras. The Regional Transport authority awarded the permit to one R. Lakshminarayana, who, aggrieved by the judgment of the State Transport Appellate Tribunal, filed W. P. No. 637 of 1960 for the issue of a writ of certiorari quashing the order of the Tribunal. This was heard by Srinivasan, J. who held that the basis of the order of the tribunal was vitiated both by error of law apparent on the record, and by an assumption, by the tribunal, of a jurisdiction in excess of the restraint imposed Under Section 57 14) of the Motor Vehicles Act. The a order was quashed and as we stated earlier, the grantee before the Tribunal appeals.2. Before the Regional Transport authority there were as many as 38 applicants but six of them were absent at the hearing, and the rest were heard;...
Tag this Judgment!T.M. Vythilingam Pillai Sri Ambiga Bus Service Vs. R. Lakshminarayanan ...
Court: Chennai
Decided on: Aug-28-1963
Reported in: (1964)1MLJ131
M. Anantanarayanan, J.1. The appellant before us (T.M. Vythilingam Pillai) was the grantee in respect of a stage carriage permit for the route Cuddalore to Vridachalam before the State Transport Appellate Tribunal, Madras. The Regional Transport Authority awarded the permit to one R. Lakshminarayanan, who, aggrieved by the judgment of the State Transport Appellate Tribunal, filed W.P. No. 637 of 1960 for the issue of a writ of certiorari quashing, the order of the Tribunal. This was heard by Srinivasan. J., who held that the basis of the order of the Tribunal was vitiated both by error of law apparent on the record, and by an assumption by the Tribunal, of a jurisdiction in excess of the restraint imposed under Section 57(4) of the Motor Vehicles Act. The order was quashed and as we stated earlier, the grantee before the Tribunal appeals.2. Before the Regional Transport Authority there were as many as 38 applicants but six of them were absent at the hearing, and the rest were heard; th...
Tag this Judgment!Management of the Hindu, Kasturi and Sons Ltd. Vs. State of Madras Rep ...
Court: Chennai
Decided on: Aug-23-1963
Reported in: AIR1964Mad412
S. Ramachandra Iyer, C.J.1. These are appeals under Cl. 15 of the Letters Patent against the judgment of Veeraswami J. in batch of writ petitions filed under Article 226 of the Constitution by the management of the Hindu for the issue of a writ of certiorari to quash the orders passed by the Labour Court, Madras Under Section 9(2) of the Working Journalists (Fixation of Rates of Wages} Act (XXiX of 1958) directing the payment of certain, sums by the management to the third respondent in the several appeals. The latter are being employed as copyholders in the press. The management have prescribed a graded system of wages to them. Their work is associated with the correction of proofs in the preparation of the daily newspaper run by it. In. preparing the daily, the matter taken up for publication whether it be in the form of manuscript or typed script goes through four stages of proof correction before it is finally incorporated in the final publication. The first or what is called the r...
Tag this Judgment!The Management of the Hindu, Kasturi and Sons, Ltd. Vs. the State of M ...
Court: Chennai
Decided on: Aug-23-1963
Reported in: (1964)1MLJ13
S. Ramachandra Iyer, C.J.1. These are appeals under Clause 15 of the Letters Patent against the Judgment of Veeraswami, J., in batch of Writ Petitions filed under Article 226 of the Constitution by the management of the Hindu for the issue of a writ of certiorari to quash the orders passed by the Labour Court, Madras under Section 9(2) of the Working Journalists (Fixation of Rates of Wages) Act XXIX of 1958 directing the payment of certain sums by the management to the third respondent in the several appeals. The latter are being employed as copyholders in the press. The management have prescribed a grades system of wages to them-. Their work is associated with the correction of proofs in the preparation of the daily newspaper run by it. In preparing the daily, the matter taken up for publication whether it be in the form of manuscript or typed script goes through four stages of proof correction before it is finally incorporated in the final publication. The first or what is called the...
Tag this Judgment!South Arcot Co-operative Motor Transport Society Ltd. Vs. Syed Batcha ...
Court: Chennai
Decided on: Aug-22-1963
Reported in: AIR1964Mad103; (1964)ILLJ280Mad
Venkatadri, J.1. These writ appeals are preferred by the South Arcot Co-operative Motor Transport Society Ltd., for ex-servicemen, Cuddalore, against the common order passed by Ramachandra Iyer J. (as he then was) dismissing their petitions to quash the order of the Presiding Officer, Labour Court, Madras in C. P. Nos. 746, 747 and 748 of 1957.2. The short facts that are necessary for the disposal of these appeals are the following. The appellant society is a society registered under the Madras Co-operative Societies Act, 1932. It is engaged in running lorries and motor transport services in South Arcot Dt. The society is intended solely for ex-servicemen, who alone are entitled to be admitted as members of the society. The first respondent in these appeals were employed either as drivers or electricians in the transport service of the appellant society.In 1957 the society decided to close down the lorry service and confine its activities to motor transport only. As a consequence there...
Tag this Judgment!R. Shanmuga Rajeswara Naganathan Sethupathy, Raja of Ramnad Vs. B.R. K ...
Court: Chennai
Decided on: Aug-22-1963
Reported in: (1964)1MLJ58
S. Ramachandra Iyer, C.J.1. On the taking over by the Government of Ramanathapuram Zamindari under the provisions of the Abolition Act certain amounts by way of advance compensation were deposited. There were a number of claims made for portions of the amount deposited. Some of them were by creditors, and others by maintenance-holders. There was also a claim on the part of the sons of Raja of Ramnad. The Raja was claiming that he was entitled to the entirety of the compensation amount. But each one of these claims was settled on the advice of certain mediators. The respondents to the present appeal, Kandaswami Dorai, is the brother of the Raja of Ramnad, and, so far as he was concerned, it was agreed that he should receive a sum of Rs. 75,000 in full quit from out of the entire compensation amount paid and to be paid by the Government for the estate. As the advance compensation deposited covered only a moiety of the entire compensation due, he was to get initially a sum of Rs. 37,500. ...
Tag this Judgment!J.M. Sheth Vs. Commissioner of Income-tax
Court: Chennai
Decided on: Aug-22-1963
Reported in: (1964)1MLJ308
G.R. Jagadisan, J.1. This is a Reference under the Indian Income-tax Act. The question referred is as follows:Whether the inference of the Tribunal that the Income-tax Officer had exercised his discretion lawfully in applying Proviso to Section 23(4) to reject the assessee's renewal application under Section 26-A is legal 2. We heard the Reference before and called for a further statement of the case from the Tribunal by our order dated 5th November, 1962. The Tribunal has submitted the statement called for, and the matter has now been placed before us for disposal. Learned Counsel on both sides, the Department as well as the assessee, have addressed arguments in the light of the subsequent statement of the Tribunal. The facts leading up to the Reference have been fully set out in our prior order and need not be repeated.3. The question raised is whether the Tribunal acted rightly in conformity with law in refusing registration to the assessee firm. The Income-tax Officer refused regis...
Tag this Judgment!J. M. Sheth Vs. Commissioner of Income-tax, Madras.
Court: Chennai
Decided on: Aug-22-1963
Reported in: [1965]56ITR293(Mad)
JAGADISAN J. - This is a reference under the Indian Income-tax Act. The question referred is as follows :'Whether the inference of the Tribunal that the Income-tax Officer had exercised his discretion lawfully in applying the proviso to section 23(4) to reject the assessees renewal application under section 26A is legal ?'We heard the reference before and called for a further statement off the case from the Tribunal by our order dated November 5, 1962. The Tribunal has submitted the statement called for and the matter has now been placed before us for disposal. Learned counsel on both sides, the department as well as the assessees, have addressed arguments in the light of the subsequent statement of the Tribunal. The facts leading up to the reference have been fully set out in our prior order and need not be repeated.The question raised is whether the Tribunal acted rightly in conformity with law in refusing registration to the assessee-firm. The Income-tax Officer refused registration...
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