Chennai Court September 1965 Judgments
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Jean Emeline Thavamani Vs. Joseph Taylor
Court: Chennai
Decided on: Sep-10-1965
Reported in: AIR1966Mad155
(1) This case comes before us for confirmation of the decree of the learned District Judge, West Tanjore, declaring the marriage between the petitioner and the respondent as null and void on the ground of the impotency of the respondent. The petitioner is the wife and the parties are Christians. Their marriage was solemnised on 29th May 1961 at Kumbakonam and according to the case of the petitioner, as set out in her petition, "during her stay with the respondent, in spite of her best efforts, she was not able to get conjugal happiness from the respondent" and "found that the respondent was impotent at the time of the marriage". It is also averred in the petition that the respondent did not want to live with the petitioner and began to shun her presence. Three months after the date of the marriage itself, the petitioner was sent away to her parents' house. The petition for declaration of the nullity of marriage under Ss. 18 and 19 of the Indian Divorce Act was filed on 26th October 19...
K. Meenakshi Ammal and anr. Vs. Commissioner, Hindu Religious and Char ...
Court: Chennai
Decided on: Sep-10-1965
Reported in: AIR1966Mad475
ORDER(1) This appeal arises out of an order passed by the learned Subordinate Judge, Dindigul, in I.A. 451 of 1961 in O.S. 19 of 1961 allowing the petition for recording the compromise under Order XXIII Rule 3 C.P.C. The appellants filed O.S. 19 of 1961 for framing a proper scheme for the better management of the High School founded by Meenakshi Ammal, the 1st appellant, in Chinnamannoor and for utilising the surplus funds by applying the doctrine of Cypres for maintaining the said educational institution and for some other reliefs. The appellants filed the above suit after obtaining the sanction of the Advocate General under S. 92 C.P.C. since the suit related to a public trust, namely, High School.(2) The suit properties originally belonged to one Krishna Iyer the father of the 1st appellant. The 1st appellant is the only daughter of the said Krishna Iyer. During his lifetime, on 25-1-1930, Krishna Iyer executed a settlement deed in favour of the first appellant settling all his prop...
Chinnamerkathian and ors. Vs. Ayyavoo and ors.
Court: Chennai
Decided on: Sep-09-1965
Reported in: AIR1966Mad327
(1) These petitions for grant of leave under Article 133(1)(a), (b) and (c) of the Constitution arise out of proceedings taken by the respondents, the landlords, under the Madras Cultivating Tenants Protection Act. The respondents purchased the property from the previous owners, Nachaiammal and her sons under two sale deeds Ex.P. 6 dated 22-1-1960 and Ex.P. 7 dated 9-3-1960. On 25-5-1960 the prior vendors had issued a notice to the tenants, the petitioners herein, claiming the arrears of rent due from them for the years 1958-59 and 1959-60 and also threatening eviction. Under Ex.P. 5 dated 5-12-1960, the arrears of rent due from the tenants to the vendors were assigned to the respondents, the purchasers who filed the petition for eviction on 2-1-1961 on the ground that the petitioners herein, the tenants, were guilty of wilful default in the payment of rent.(2) The tenants resisted the eviction proceedings on the ground that there were no arrears, that they had paid the same to the pr...
Krishna Kambar Vs. Muthiah thevar
Court: Chennai
Decided on: Sep-09-1965
Reported in: (1967)2MLJ237
M. Natesan, J.1. This is a revision by a landlord under the Madras Cultivating Tenants' Protection Act (XXV of 1955) against an order of the Revenue Court rejecting his application for eviction, in limine on the ground of res judicata and as would be seen presently, creating a very anomalous situation. Of course, I do not see any room for such a position either in law or on general principles. The brief facts are: The petitioner herein claims to be the holder of the land in question as having been granted to his family by the Samudayamdars of the village for the purpose of doing piper service on ceremonial occasions such as pongal, sravanam, etc. and in the temples. According to the petitioner, he leased the disputed land to the respondent herein in the year 1958 on a rent of two kottahs of paddy per year. On the respondent herein, defaulting in the payment of rent for pisanam 1134 and denying the title of the petitioner herein the petitioner initiated proceedings (Madras Cultivating T...
Reserve Bank of India Vs. Vasanthi Raman
Court: Chennai
Decided on: Sep-07-1965
Reported in: [1966]36CompCas416(Mad)
M. Anantanarayanan, Offg. C. J.1. Mrs. Vasanthi Raman, the wife of a high executive in Messrs. Best and Company (Private) Ltd., whose husband was at the time in the United Kingdom on official business, applied to the Reserve Bank of India (here appellant) in the Exchange Control Department, for the issue of permission in Form '' P ' for passage to the United Kingdom by an airline. In her affidavit, in paragraph 4 and the following paragraphs, she states that her first cousin, Dr. R, Sridhar, employed in America on a large salary in Purdue University, was himself proceeding to the United Kingdom, and desired her to go over there to meet him, for certain domestic consultations of a very private character. Dr. Sridhar was very advantageously situated to defray all the expenses of her stay in the United Kingdom, particulary as her intended period of stay was not to exceed a month. Certain letters from Dr. Sridhar were produced by Mrs. Vasanthi Raman (respondent), as evidence of his underta...
Pereira and Roche Vs. Commissioner of Income-tax, Madras.
Court: Chennai
Decided on: Sep-07-1965
Reported in: [1966]61ITR371(Mad)
VEERASWAMI J. - This matter relates to the assessment year 1960-61. The assessee was a registered firm and was the managing agent of Heavy Chemicals Limited, a public limited company. Under the provisions of the articles of association, the assessee was entitled to remuneration consisting of an office allowance of Rs. 1,000 per month from the date of the incorporation of the company and commission of the ten per cent. on the net annual profits with a minimum payment in the absence or inadequacy of profits of Rs. 1,500 per month from the date of commencement of the business by the company. On June 15, 1953, the assessee wrote to the company confirming the resolution of the letter nominating Chevalier J.L.P. Roche Victoria as its ex-officio director on behalf of the managing agents and intimating that thereby they authorised Roche Victoria to draw the managing agency allowance of Rs. 1,000 per month for his expenses to attend to all the matters relating to the managing agency affairs on ...
Simon Stock Vs. Maragatham and anr.
Court: Chennai
Decided on: Sep-06-1965
Reported in: AIR1966Mad224
M. Anantanarayanan, Offg. Chief Justice (1) This is a case referred for our confirmation of the decree nisi under S. 17 of Act IV of 1869, by the learned District Judge of West Tanjore. The essential facts are as follows.(2) The petitioner in the reference married the first respondent on 12-6-1946, under Christian rites of marriage. The petitioner was employed in the Railway, and in 1954, he was a Station Master at Narasingampettai. It appears to be indisputable that the first respondent was involved in a case of murder as an accused, and that these proceedings took some time. According to the petitioner, the second respondent, the cousin of the first respondent, was assisting her with regard to the conduct of her defence, with the consequence that an illicit intimacy sprang up between them. There was a number of subsequent events set forth in the petition, which do not now directly concern us. But, to put it briefly, the case of the petitioner was that the first respondent was unfaith...
Ambujam G. Ammal Vs. M.R. Arumugham
Court: Chennai
Decided on: Sep-06-1965
Reported in: AIR1966Mad153
M. Anantanarayanan, Offg. C.J.(1) In this reference by the learned District Judge of Tirunelveli under Ss. 10, 17 and 22 of the Indian Divorce Act, (IV of 1869), the moot question is whether the plaintiff-petitioner (Ambujam G. Ammal) has established, on the facts, her claim for divorce. The plaint shows that the plaintiff-petitioner prayed for divorce, upon one of the grounds specified in the second part of S. 10, viz., 'of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et thoro'.(2) In the plaint, there is a long account given of the conduct of the respondent (defendant) subsequent to this marriage, particularly in the form of dissolute living, physical violence towards the petitioner and her children, seizure of her earnings, and imputations of unchastity. Broadly stated, the situation is that the plaintiff was a student in the S.S.L.C. class when the defendant then employed in Military service, married her by a registered form on...
C. G. Krishnaswami Naidu Vs. Commissioner of Income-tax, Madras.
Court: Chennai
Decided on: Sep-06-1965
Reported in: [1966]62ITR686(Mad)
VEERASWAMI, J. - The assessee, C. G. Krishnaswami Naidu, was, for the assessment year 1946-47, assessed as an individual to income-tax. He was ordinarily resident at Madras and his method of accounting was mercantile. The accounting year relevant to the assessment year ended January 1, 1946. The assessee claimed that a sum of Rs. 1,24,004 represented income accrued to him in the State of Mysore as it was then constituted and as such was exempted from the tax under section 14(2) (c) of the Income-tax Act. This claim was not accepted by the revenue authorities except the Appellate assistant Commissioner. On a reference to this court of the question whether the sum of Rs 1,24,004 is income that accrued or arose to the assessee in British India within the meaning of section 4(1) (b) (i) of the Indian Income-tax Act, it answered in favour of the assessee and found that the income in that sum accrued to the assessee in the Mysore State and not in British India. The supreme Court, on appeal b...
K.R.K.K. Krishnappa Chettiar Vs. V.V.R. Kasiviswanathan Chettiar and o ...
Court: Chennai
Decided on: Sep-03-1965
Reported in: AIR1966Mad331
ORDER(1) This is a revision under Section 75 of the Provincial Insolvency Act by a debtor whose application to be adjudged as insolvent was dismissed by the learned Subordinate Judge of Sivaganga and was confirmed in appeal by the District Judge, Ramanathapuram at Madurai. Both the courts were of the view that the present proceeding initiated by the debtor was an abuse of process of court. Earlier the debtor had relied upon a particular debt as the basis of his personal indebtedness and initiated I.P. 10 of 1959 seeking adjudication. The debt was found to be a fictitious one and he failed in those proceedings Subsequently and pending those proceedings the creditor in respect of that very debt obtained a decree against the petitioner herein and applied for and got his arrested. It is in those circumstances that the petitioner came up with another application for adjudication.(2) The courts below have failed to appreciate one aspect of the matter. For adjudicating a debtor an insolvent, ...
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