Chennai Court March 1967 Judgments
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The Secretary, Madurai General Workers' Union Vs. the Management of Br ...
Court: Chennai
Decided on: Mar-24-1967
Reported in: (1968)1MLJ169
ORDERP. Ramakrishnan, J.1. The petitioner in this Writ Petition is, the Secretary, Madurai General Workers' Union, Madurai. The first respondent is the, Management of Brinda Textiles Handloom Factory, Madurai, and the second respondent is the Presiding Officer, Labour Court, Madurai. After the writ petition was filed, one P.R. Krishnaraurthi, who was the sole proprietor of the first respondent, died and his legal representatives, namely, his widow and children were brought on record as respondents 3 to 7, in the writ petition.2. On the initiative taken by the petitioner Union, the Government of Madras referred to the Labour Court, Madurai, for adjudication the questions whether the non-employment of eighteen workers (whose names were appended) was justified and to what relief each was entitled and to compute the relief, if any, awarded in terms of money, if it could be so computed.3. A brief reference to the facts that preceded the above reference can now be made. The eighteen workers,...
C.i. Kannan Vs. the Employees' State Insurance Corporation represented ...
Court: Chennai
Decided on: Mar-24-1967
Reported in: (1967)2MLJ212
ORDERP.S. Kailasam, J.1. Writ Petition No. 2823 of 1966 is preferred by the Head Clerk in the office of the Regional Director, Employees' State Insurance Corporation, Madras, for the issue of a writ of certiorari quashing the order of suspension passed against him by the Regional Director, Employees' State Insurance Corporation on 12th July, 1966, the charge memo dated 17th August, 1966 and the order dated 16th November, 1966 directing an enquiry. Writ Petition No. 162 of 1967 is preferred by the employees of the Employees' State Insurance Corporation represented by the All-India Employees' State Insurance Corporation Employees Federation for the issue of a writ of prohibition prohibiting the Employees' State Insurance Corporation or its officers from initiating or conducting action against the employees of the Employees' State Insurance Corporation or from enforcing decisions taken against the said employees for their participation in the agitation held in July, 1966.2. The two writ p...
The Municipal Council, Represented by Its Commissioner Vs. Pasupathi M ...
Court: Chennai
Decided on: Mar-24-1967
Reported in: (1969)1MLJ394
M. Natesan, J.1. The Municipal Council, Karur, has preferred this Second Appeal against the decision of the learned Subordinate Judge of Tiruchirappalli, reversing that of the District Munsif, Karur, and dismissing the Municipality's suit for recovery of a sum of Rs. 2,651 as damages from the respondent herein. The facts, which have led up to this appeal may be briefly stated. At a public auction held of the Non-Vegetarian Tea Stall near the Karur Municipal Bus Stand for the year 1960-61, by the Commissioner of the Municipality on 15th February, 1960, the respondent was the highest bidder, his bid being a rent of Rs. 276 per mensem. The next bid was Rs. 275 per mensem. Before the acceptance of the bid by the Municipal Council, the defendant on 23rd February, 1960 revoked the bid and requested the Council not to accept his bid. Nevertheless, the Council on 8th March, 1960, passed a resolution accepting the defendant's bid and on the defendant refusing to execute a rent deed and pay adva...
The Senior Superintendent of Post Offices Vs. K.R.M.S. Chockalingam Ch ...
Court: Chennai
Decided on: Mar-24-1967
Reported in: (1967)2MLJ412
ORDERT. Ramaprasada Rao, J.1. The District Judge of West Thanjavur, in C.M.P. No. 39 of 1965 remitted the application filed by the landlord for fixing of fair rent to the Rent Controller for final disposal on the ground that he was not satisfied with two of the findings rendered earlier. The main question that is canvassed before me by the petitioner in this Civil Revision Petition who is the Senior Superintendent of Post Offices, East Thanjavur, is that the learned District Judge who exercised the powers under Section 25(1)(b) of the Madras Act (XVIII of 1960), has no powers of such remand and that, therefore, the order remitting the case for further trial and disposal by the Rent Controller, is unwarranted.2. There is a volume of literature on this subject whether an appellate Court, under Madras Buildings (Lease and Rent Control) Act, or a revisional Court, exercising power under the Madras Act XVIII of 1960 has powers of remand, enabling them to remit the subject-matter for fresh e...
Sahib Transport Service, Sankarankoil Vs. K. Balasubramaniam and ors.
Court: Chennai
Decided on: Mar-23-1967
Reported in: AIR1969Mad55
1. These appeals have been preferred against a common order of our learned brother Srinivasan, J., in W. P. Nos. 1263 of 1964 and 3015 of 1965 discharging the Rule Nisi and dismissing the writ petitions filed under Article 226 of the Constitution. By the writs the appellants questioned the validity of the transfer and renewal in favour of the first respondent herein of six permits for stage carriages under Sections 58 and 61 of the Motor Vehicles Act 1939 by the Regional Transport Authority, Tirunelveli.2. The six permits whose period was to expire on 3-1-1964 were held by one Ramaswamy Doss, and as provided under Section 58 of the Motor Vehicles Act, 1939 as amended under subsequent Act (hereinafter referred to as the Act) he duly applied for renewal of the said six permits on 9-10-1963. The application for renewal was notified under Section 57 (3) of the Act, on 28-10-1963. The appellant before us, a bus operator, preferred objections to the renewal of the six permits and also filed ...
Sahib Transport Service Vs. R. Balasubramaniam, Proprietor K. Balasubr ...
Court: Chennai
Decided on: Mar-23-1967
Reported in: (1969)2MLJ251
M. Natesan, J.1. These appeals have been preferred against a common order of our learned brother Srinivasan, J., in Writ Petitions Nos. 1263 of 1964 and 3015 of 1965 discharging the rule nisi and dismissing the writ petitions filed under Article 226 of the Constitution. By the writs the appellants questioned the validity of the transfer and renewal in favour of the first respondent herein of six permits for stage carriages under Sections 58 and 61 of the Motor Vehicles Act, 1939, by the Regional Transport Authority, Tirunelveli.2. The six permits whose period was to expire on 3rd January 1964 were held by one Ramaswamy Doss, and as provided under Section 58 of the Motor Vehicles Act, 1939, as amended under subsequent Act (hereinafter referred to as the Act) he duly applied for renewal of the said six permits on 9th October, 1963. The application for renewal was notified under Section 57 (3) of the Act, on 28th October, 1963. The appellant before us, a bus operator, preferred objections...
Palani (K.) Vs. Superintending Engineer, Vellore Electricity System an ...
Court: Chennai
Decided on: Mar-21-1967
Reported in: (1968)IILLJ94Mad
T. Venkatadri, J.1. The petitioner, who was working as a foreman in the electricity department, has filed this writ petition to quash an order of removal passed by the Superintending Engineer, Vellore Electricity System, Katpadi Extensions, dated 30 August 1963, and confirmed by the order of the Chief Distribution Engineer for Electricity, dated 11 June 1964, and by the order of the Chief Engineer, dated 5 August 1964.2. The short facts that led to the filing of the writ petition are as follows. In the year 1965 the petitioner joined the electricity department as a nominal member of the roll and in the year 1959 he was promoted as a foreman and in the year 1962 he was transferred to Kannamangolam as construction foremen. While he was working as construction foreman, various instances were brought to the notice of the higher authorities that be was indulging to corruption by demanding moneys for effecting supply of electricity either for installation of pumpsets or for domestic purposes...
P.V. Srinivasan Vs. the Prescribed Judicial Authority (District Judge) ...
Court: Chennai
Decided on: Mar-21-1967
Reported in: (1968)1MLJ403
ORDERP.S. Kailasam, J.1. Writ Petition No. 2760 of 1966 is filed by a Councillor of the Salem Municipal Council for the issue of a writ of certiorari calling for the records of the District Judge of Salem in O.P. No. 93 of 1965 and to quash his order dated 12th September, 1966 holding that the respondent, Ramakrishnan, was not disqualified to hold office as Municipal Councillor due to failure to pay taxes. C.R.P No. 2212 of 1966 is also filed by the same Councillor praying that the order of the District Judge Salem, made in O.P. No. 93 of 1965 be set aside as illegal and unsustainable in law.2. As both the writ petition and the revision petition are against the same order they may be dealt with by a common judgment. The petitioner filed O P No as of 1965 before the District Judge, Salem, under Section 51(1) of the Madras District Municipalities Act alleging that the respondent Ramakrishnan failed to pay arrears of taxes due to the Municipality and thereby ceased to hold office as Munic...
Life Insurance Corporation of India Vs. Janaki Ammal
Court: Chennai
Decided on: Mar-20-1967
Reported in: AIR1968Mad324
Alagiriswami, J. 1. The suit, out of which the present appeal arises, was filed by the respondent for recovery of a sum of Rs. 12,500, due on an insurance policy taken by her husband Sundaresa Iyer on 18-2-1954. Sundaresa Iyer died on 18-8-1955. The appellant Corporation, which became a successor-in-interest of the insurance company with which the respondent's husband had insured his life, finally repudiated its liability on 10-8-1959. The suit claim was in the alternative for a sum of Rs. 1865-10-0 begin the premium paid by the respondent's husband. The appellant Corporation contended that the answers given by the insured to various question sin the proposal and the personal statement were false and false to his knowledge and that the deceased having died within two years of the policy taking effect it was open to the insurer to repudiate the policy under Sec. 45 of the Insurance Act of 1938 irrespectively of the fact whether the answers contained in the proposals and the personal sta...
G. Vasantha Pai Vs. Sri S. Ramachandra Iyer Now Holding the Office of ...
Court: Chennai
Decided on: Mar-20-1967
Reported in: (1967)2MLJ151
ORDERP. Ramakrishnan, J.1. The petitioner in this case, G. Vasantha Pai, has filed this writ petition under Article 226 of the Constitution seeking for the issue of a writ of quo warranto against the respondent Shri S. Ramachandra Iyer 'now holding the office of the Honourable the Chief Justice of Madras.'2. The allegations in the affidavit in support of the petition can be summarised briefly thus:The respondent became the Chief Justice of the Madras High Court in May, 1961. Under Article 217 of the Constitution of India, before it was amended by the Fifteenth Amendment in October, 1963, a Judge holds office until he attains the age of 60 years. According to the petitioner, the respondent was born on 1st October, 1901. He referred for this purpose in paragraphs 3 and 4 of the affidavit to certain data whose correctness, for reasons I shall presently state, it is not necessary to go into, for the disposal of this petition. The petitioner states that he filed a petition before the Honour...
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