Chennai Court March 1964 Judgments
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K.S. Narasimhachari Vs. the Indo Commercial Bank Ltd., G.T. Madras and ...
Court: Chennai
Decided on: Mar-10-1964
Reported in: AIR1965Mad147
(1) The appellant was the managing director of the Deccan Chemicals Ltd., a company registered under the Indian Companies Act. 1913. The company has borrowed from the first respondent a sum of Rs. 10,000 on pledge of certain goods. Interest was agreed to be paid at six per cent per annum on the amount due. The company defaulted in the due repayment of the debt. After giving the statutory notice demanding payment of money due, the first respondent filed on 8-2-1955. O. P. No. 68 of 1955 for the winding up of the company on the ground that it was unable to pay its debts. The managing director who was anxious to avoid the winding up proceedings negotiated a settlement with the first respondent under which the latter agreed to withdraw the winding up proceedings initiated by it, if he were to guarantee the payment. To this the managing director agreed. accordingly he executed on 6-8-1955 a letter in favour of the first respondent in the following terms:"In consideration of your having agr...
Management of Jawahar Mills Ltd., Salem Vs. Industrial Tribunal, Madra ...
Court: Chennai
Decided on: Mar-10-1964
Reported in: AIR1965Mad92; [1965(10)FLR306]; (1965)ILLJ315Mad; (1965)1MLJ216
ORDER(1) On a reference under S. 10(1)(c) of the question 'whether deduction of two days' wages and dearness allowance from the earnings of the workers concerned for the month of March 1961, was justified?' the Industrial Tribunal, Madras, answered it in the negative. The employer is Jawahar Mills Ltd., Salem, a textile industry and, therefore, a public utility service within the meaning of S. 22 of the Industrial disputes Act. The workmen would appear to have opposed the introduction by the Management of two additional cone winding machines in the reeling department, which eventually resulted in a strike on December 9, 10, 14 to 16, 1960. The dispute regarding the introduction of winding machines was settled on 19-12-1960. In January 1961, the management issued notices calling upon the workmen to show cause why action should not be taken against them for resorting to an illegal strike. The management was not satisfied with the explanation and on the view that the strike was not justif...
Swami Motor Transports (P) Ltd., Tanjore Vs. Raman and Raman (P) Ltd. ...
Court: Chennai
Decided on: Mar-10-1964
Reported in: AIR1965Mad321; (1965)1MLJ594
ORDER(1) These are connected petitions to quash the same order of the State Transport Authority dated 12-6-1961, setting aside the order of the Regional Transport Authority, dated 30-4-1957, which granted the variation of the route Tanjore to Kumbakonam as Tanjore to Koradachery via Kumbakonam and Kodavasal, in favour of Swami Motor Transport (P) Ltd. The State Transport Authority directed the Regional Transport Authority to dispose of the application of Swami Motor Transport (P) Ltd, afresh according to the law. By G. O. Ms. No. 3199 Home, dated 16-11-1956, the State Government in the purported exercise of its owner under S. 43-A(2) of the Motor Vehicles Act, 1939, directed the Regional Transport Authority, Tanjore, to vary the existing route Tanjore to Kumbakonam as Tanjore to Koradachery via Kumbakonam via Kumbakonam to vary the existing route Tanjore to Kumbakonam as Tanjore to Koradachery via Kumbakonam and Kodavasal in respect of two buses. The Government made this order as a res...
Minor Balasubramania Reddi by Next Friend Ramachandra Reddiar Vs. Nara ...
Court: Chennai
Decided on: Mar-10-1964
Reported in: AIR1965Mad409
Venkatadri, J.(1) This appeal is filed by the plaintiff, whose suit for partition of the properties described in schedules A, B and C and allotment of one such share to him was substantially dismissed by the Principal Subordinate Judge of Vellore.(2) The plaintiff is the son of the second defendant and the grandson of the first defendant Narayan Reddiar had four sons. Venkatarama Reddi. Govinda Reddi (plaintiff's father), Venkatakrishna Reddi, 3rd defendant, and Gopalakrishna Reddi, 4th defendant, and one daughter Rajambal Ammal, 5th defendant. Venkatarama Reddi is not a party to the suit. The case as set up by the next friend of the minor plaintiff Balasubramania Reddi is that the first defendant and his fur sons constituted members of a Hind joint family. In the year 1929 when Venkatarama Reddi, the eldest son of the first defendant, expressed a desire to desperate himself form the joint family, the first defendant effected a partition on 22-10-1929 in and by which he divided the joi...
Devi Press Vs. Regional Provident Fund Commissioner, Madras and anr.
Court: Chennai
Decided on: Mar-09-1964
Reported in: AIR1965Mad462; (1965)ILLJ294Mad
(1) In the above two writ petitions. Devi Press is the petitioner. It is a registered partnership consisting of two partners which commenced business form 25-1-1957. Earlier, there was company known as the Devi Press Ltd., which went into voluntary liquidation. As a result of the winding up and closure of Devi Press Ltd., a dispute arose between the workers and the management. That was settled on 23-1-1957. According to the settlement it was agreed that all the workers except those in the binding department would be re-employed by the new management, Devi Press, as fresh entrants. It was also agreed that such of the workers as were discharged on account of the closure should be paid ten days' basis wages for each year of service plus one month's basic wage as ex gratia payment.(2) Thereafter, the registered firm commenced business. It acquired for the purpose of its business the machinery of Devi Press Ltd., which had been would up. In 1959, the Provident Fund Commissioner called upon...
Liquidator, Delta Plantation Company Limited Vs. State of Madras.
Court: Chennai
Decided on: Mar-07-1964
Reported in: [1965]56ITR428(Mad)
RAMAKRISHNAN J. - This revision case against the order of the Agricultural Income-tax Tribunal raises a short question as to whether the sale proceeds of casuarina trees and charcoal by the liquidator of the assessee-company, after the liquidation had commenced, is liable to be assessed to agricultural income-tax under the Madras Act, V of 1955, at the maximum rate of 45nP. in the rupee fixed under the provisions of that Act for the assessment of agricultural income-tax on companies. The facts of the case as found by the authorities below, including the Appellate Tribunal, can be briefly put down.The company was formed under its memorandum of association for raising casuarina plantations in the lands belonging to the company in Chidambaram Taluk, South Arcot District, and realizing the income from the sale of such casuarina plantations. Though it was not specifically referred to in the memorandum of association, it is common ground that charcoal was also manufactured and sold by the co...
J.K.M. Yacob Rowther Sons, Mettypalayam Vs. Union of India
Court: Chennai
Decided on: Mar-06-1964
Reported in: AIR1965Mad162
S. Ramachandra Iyer, C.J.(1) On 13-10-1959 the petitioner, a merchant at Mettupalayam doing business in green vegetables, sent by the railway sixteen bags of cabbage for delivery at Howard to one K. K. Banerjee and Bros. The consignment reached Howrah on 20-10-1959, seven dais after its despatch; the normal time for transmit being four days. On arrival at Howard a considerable part of the gods was found to be damaged. The damage, it has now been found--a finding which has not been challenged--was entirely due to neglect on the part of the railway in not convenying the goods in time. The petitioner, the consignor, filed a small cause suit the lower court for recovery of Rs. 214 as damages from the respondent. The court found that the damage attributable to the misconduct of the railway was Rs. 139-20 nP., but it dismissed the suit on the ground that the consignor could not maintain the suit as the loss was that of the consignee.(2) This civil revision petition filed against that decree ...
A.M. Chengalvaroya Chetty Vs. the Collector of Madras and ors.
Court: Chennai
Decided on: Mar-06-1964
Reported in: AIR1965Mad376
(1) The substantial question that arises for consideration in this civil revision petition relates to its maintainability. The order sought to be revised is one that rejected a reference made to the court under Ss. 18 and 31 of the Land Acquisition Act, on the ground that the amount of compensation had already been paid out to one of the claimants. If an appeal were to lie against such an order, the present civil revision petition, which is filed under S. 115 C.P.C. will be incompetent.(2) Before proceeding further with the consideration of the question, we shall set out briefly the facts that have given rise to it.(3) Two items of land, R. S. Nos. 1403 and 1404/2, lying in Vanniya Teynampet in Malapore area, were acquired by the Government for providing quarters for the staff of the Posts and Telegraphs Department. The notification under S. 4(1) of the Land Acquisition Act is dated 18-4-1956. The owner of the property was one Doraiswami Mudaliar, who is the second respondent to this ...
Rishikesavan Naidu Vs. S. Srinivasa Reddiar and ors.
Court: Chennai
Decided on: Mar-06-1964
Reported in: AIR1965Mad178
(1) This appeal against the judgment of Srinivasan, J. concerns the validity of an appointment to the office of a village headman for Vembi village in South Arcot Dt. The appointment to the office was regulated by the Madras Hereditary Village Offices Act, 1895. The office became vacant sometime during the year 1936, when one Pattabhirama Naidu, then a minor, was registered as the person lawfully entitled to hold the office. The first respondent herein was appointed as his deputy to do the duties pertaining to the office. Pattabhirama Naidu did not eventually acquire the necessary qualifications for becoming a village headman within the time allowed to him under the statute.The next to succeed him was one Munuswami Naidu. He also happened to be a minor; he was registered and the first respondent was then appointed to function as his deputy. History repeated itself, as Munuswami failed to qualify himself for the post. The next in line of succession was the appellant, who was a minor at...
Haji Sheikh Ibrahim Sahib's Private Trust Tanjore vs. Madras State Wak ...
Court: Chennai
Decided on: Mar-05-1964
Reported in: AIR1965Mad121
(1) On 24-12-1958 the Wakf Board constituted for the Madras State notified that Bachamian Ismail Pakkiri Taikkal, otherwise known as Arunagiri Appa Thaikkal, at Pasupathikoil in Tanjore Dt, was a wakf coming within the scope of the Wakf Act, 1954. This notification was challenged as invalid by the appellant who claimed to be the Managing trustee of the institution. The learned District Judge has negatived this contention and hence this appeal.(2) The only ground on which the notification has been challenged was that the wakf in question was a private one and therefore would not come within the scope of the enactment. It will be useful before proceeding to consider that question to set out the history of the institution.(3) Haji Sheik Ibrahim Sahib, a pious Muslim, made two endowments of his properties. The first was by a settlement deed Ex. A. 1 dated 11-3-1889 in favour of a mosque. As we are not concerned in this appeal with that endowment, no further reference need be made to it. O...
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