Chennai Court November 1964 Judgments
Union of India, New Delhi Vs. Coromandel Engineering Co., Madras
Court: Chennai
Decided on: Nov-30-1964
Reported in: AIR1965Mad488
(1) This appeal involves a question of considerable interest and some importance, with regard to he impact of S. 34 of the Arbitration Act 10 of 1940, upon a pending suit, wherein the basis of the suit itself is the void nature of the contract between the parties. The facts, tersely stated and as essential for our present purpose, are as follows:(2) The plaintiffs in this action are the Coromandel Engineering Co., (P.) Ltd., in 1956, the Government of India commenced a scheme for a building for the Madras Customs department. Tenders were invited for the construction of certain pile foundations, and the Central Public Works Department also furnished a Bore chart relating to the locality, and indicating the strata of soul at four places, as a result of boring operations. The plaintiffs then made a tender and entered into contract with the defendant, viz., the Union of India, represented by the Secretary to Government, Ministry of Works. According to the case of the plaintiffs, for the t...
Tag this Judgment!Shaik Kasim Vs. the Superintendent of Post Offices, Chingleput Dn. and ...
Court: Chennai
Decided on: Nov-25-1964
Reported in: AIR1965Mad502; [1967(14)FLR86]; (1965)ILLJ197Mad
ORDER(1) An interesting and important question arises in this writ proceeding, upon which I find that, though there is no paucity of authorities, the central principle has not been analysed or discussed at any length in any of the decisions cited before me. The problem involved is whether, when a Criminal Court acquits a Government servant upon grave charges involving offences under the Penal Code, and the acquittal is not upon some collateral ground, such as the absence of due sanction or a technical plea of defence, but substantially on the merits, a Domestic Tribunal, such as a higher authority exercising disciplinary jurisdiction, would be justified in disregarding the acquittal altogether, or in recording a conclusion inconsistent with the acquittal, and finding the Government servant guilty of the identical charges, upon identical facts. The matter arises against the following background of established facts.(2) The petitioner became a servant of the Government of India in the Po...
Tag this Judgment!K. Perumal Vs. Chithanathan and ors.
Court: Chennai
Decided on: Nov-18-1964
Reported in: AIR1966Mad142; 1966CriLJ542
(1) This appeal and the revision case raise a point of the procedure to be followed where there are two cases on the same set of facts, one arising out of a police report and the other on a private complaint, and one of them involving more or less accused and witnesses than the other some of them being common to both.(2) On the night of 3rd June 1963, a man named Natarajan was stabbed and killed on the spot at Viswanathaperi. During the occurrence, three other persons, who claim to be eye-witnesses thereto, were also injured, namely K. Perumal and E. Chinnammal, P.Ws. 2 and 4 respectively, and one Rakkammal. After investigation the police filed a charge-sheet on 29th June 1963, prosecuting only accused 2 for an offence under S. 302 I.P.C. for the murder of Natarajan. K. Perumal (P.W. 2) on the ground that the police had omitted accused 1 and 3 to 7, filed a private complaint in the Sub-Magistrate's court, Tenkasi, implicating those accused and accused 2 and charged them for different ...
Tag this Judgment!Swastik Agency, Madras Vs. the Madras Port Trust and anr.
Court: Chennai
Decided on: Nov-13-1964
Reported in: AIR1966Mad130; (1965)2MLJ113
(1) Messrs Swastik Agency, Madras, the appellant in this second appeal, is the plaintiff in the suit, O.S. 125 of 1958 on the file of the City Civil Court, Madras. The appellant imported 80 drums of coconut oil from Singapore, which arrived at Madras port per S. S. Rajula on 9-7-1957. The shipping documents were entrusted by the appellant to the clearing agent. The consignment was detained in the Port Trust shed by the customs authorities for test purposes till 12-8-1957. On 13-8-1957 the clearing agent cleared the consignment, and it was noticed that 7 drums out of the said consignment had been tampered with and the oil contained therein had been stolen through holes made in the drums. At the request of the clearing agent a survey of oil from the 7 drums was noticed and those drums were taken delivery of on 21-8-1957. It was found that the total weight of the oil lost was 1494 pounds, the value of which came to Rs. 899-07, calculating the price at Rs. 1348 per ton. The plaintiff claim...
Tag this Judgment!Vaikundam Rubber Company Ltd. Vs. Commissioner of Agricultural Income- ...
Court: Chennai
Decided on: Nov-12-1964
Reported in: [1965]58ITR325(Mad)
The petitioner made applications to the Commissioner of Agricultural Income-tax and sought to have the order of assessment for the years 1953-54, 1954-55, 1955-56 and 1956-57 suitably revised. For the year 1957-58 the petitioner-company-assessee had taken the matter to the High Court and had obtained a decision in its favour on the question of the allowance of expenses incurred in the upkeep of immature rubber trees in the plantation. After this matter had been decided the petitioner approached the Commissioner for similar relief in respect of the assessment years mentioned above, as the normal remedy by way of appeals was no longer available. The Commissioner in his order stated that the Travancore-Cochin Agricultural Income-tax Act not having prescribed any period of limitation within which an application under section 34 of that Act should be made, the general law, meaning thereby the Indian Limitation Act, should apply. He thought that article 181 of the Indian Limitation Act would...
Tag this Judgment!Southern Railway Employees' Workshop Canteen Vs. the Deputy Commercial ...
Court: Chennai
Decided on: Nov-06-1964
Reported in: [1965]16STC187(Mad)
Ramakrishnan, J.1. The petitioner in these two writ petitions is the Southern Railway Employees' Workshop Canteen, Golden Rock, Tiruchirapalli, the first respondent is the Deputy Commercial Tax Officer, Tiruchirapalli Town IV, and the second respondent is the Appellate Assistant Commissioner (C.T.), Tiruchirapalli. The petitioner's contentions are briefly the following. The Southern Railway Workshop at Golden Rock employs about 6,000 workers apart from the clerical and office staff. As required under the provisions of Section 46 of the Factories Act (Central Act 63 of 1948) and the rules framed thereunder, the railway is obliged to maintain a canteen for its employees where eatables are supplied to them on a non-profit basis, in other words, on the basis that there should be no motive to make a profit. Thus, there is no commercial aspect in the sales effected at the canteen by the petitioner to these workers, and therefore the petitioner could not be deemed to be engaged in business so...
Tag this Judgment!R.V.N. Chandrasekara Chetty Vs. Kakumani Adikesavalu Chettys Charities
Court: Chennai
Decided on: Nov-06-1964
Reported in: AIR1966Mad14
(1) These petitions were heard together, as the question of law and of fact raised in all of them was a common one. (2) The petitions arise out of the proceedings before the Rent Controller filed by the landlord in each case that be required the premises bona fide for the purpose of immediate demolition and reconstruction under Section 14(1)(b) of the Madras Buildings (Lease and Rent Control) Act, 1960. The tenants contended in all these petitions that the application of the landlord was not a bona fide one, that the condition of the building was good and that the landlord was making use of the provisions in the Act for getting enhanced rent. The finding of the Rent Controller as well as of the appellate authority in all these cases was that the building in question in each of the applications was very old, that the landlord had ample resources to invest in the new building proposed to be constructed after demolition and that the application was bona fide. The tenant in each of the app...
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