Chennai Court March 1969 Judgments
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Municipal Council, Through Commissioner Vs. S.C.M. Haniffa and ors.
Court: Chennai
Decided on: Mar-05-1969
Reported in: (1969)2MLJ495
K.S. Ramamurti, J.1. The common point which arises in all the three appeals relates to the basis on which property tax is leviable upon the building, called Nellai Lodge, situate in Tirunelveli Junction. The Municipality is the appellant in all the three appeals.2. The firm of S.C.M. Sheik Mohamed and Brothers are conducting a lodging house under the name and style of ' Nellai Lodge ' in the premises in question as lessees thereof. The plaintiff in O.S.No. 58 of 1959 on the file of the District Munsif's Court, Tirunelveli, (out of which S.A. No. 1071 of 1961, arises), who is the owner of a portion of the premises, has leased out to 'Nellai Lodge ', 7 upstairs rooms, in Door No. 174/7 to 174/13 on a monthly rent of Rs. 210. The plaintiff is a brother of the partners of the firm and is also a partner thereof. The property tax levied upon the premises 174/7 to 174/13 which was originally Rs. 208-10 for half year, was enhanced by the Municipal Council, Tirunelveli, on the rental estimate o...
Smt. Parvathi Ammal Vs. Controller of Estate Duty, Madras
Court: Chennai
Decided on: Mar-04-1969
Reported in: AIR1970Mad117; [1969]74ITR200(Mad)
1. A property known as Mayavaram Lodge in Thiruchirapalli was included by the Revenue in the principal value o the estate, passing on the death of one R. Venkateswara Iyer on 6-4-1957. His widow, as the accountable person, excluded the property from the return, in view of the fact that by a deed dated 11-3-1955, the deceased had allotted the Mayavaram Lodge to his five sons in equal shares, retaining for himself the other house and certain agricultural lands. On 26-6-1955, the deceased entered into an agreement with his sons by which they leased to their father the Mayavaram Lodge, where, as before, he continued to carry on his boarding and lodging business, with only this difference, that the value of this property was written off from the account of the lodging and boarding business and the deceased started paying a rent of Rs. 15,000, per annum to nis sons. The deed of 11-3-1955, ex facie, purported to be one of partition but the Revenue at all stages, being of the view that the May...
Maimoon Bivi and anr. Vs. O.A. Khajee Mohideen and anr.
Court: Chennai
Decided on: Mar-04-1969
Reported in: AIR1970Mad200
Natesan, J.1. This is an appeal under the Letters Patent from the judgment of our learned brother Kailasam J. in a regular first appeal. The suit is one for partition of the properties of a deceased Muhammad Ahmed Meeran who in March 1943, leaving as his heirs his widow Maimoon Bivi, minor son Khaja Mohideen and minor daughter Mohideen Batharomal, filed by Khaja Mohideen after becoming a major, The widow, the chief contestant in the suit, is the first defendant. The minor daughter of the deceased represented by her husband as guardian is the third defendant. She became a major pendente lite. The suit properties comprise the plaint first and second schedule properties. The first schedule properties were secured as the two-third share of the deceased Ahmed Meeran in his father's estate under the decree in O.S. No. 329 of 1943 on the file of the District Munsif Court, Tirunelveli. The second schedule property stands in the name of the widow the first defendant, under a purchase as per the...
M. Natarajan Vs. the Director General of Posts and Telegraphs, New Del ...
Court: Chennai
Decided on: Mar-03-1969
Reported in: AIR1970Mad458
ORDERSadasivam, J.1. Petitioner Nataraian in these two writ petitions joined as a Sorter in the railway mail service, Madras Circle, of the Posts and Telegraphs Department of the Government of India, on 15-6-1953, and he is continuing as such at Erode, In the Posts and Telegraphs Department, there are four arms of service, and of them are the Postal arm and the RMS arm. In the RMS arm of the department, there is a cadre of posts called Inspectors of RMS, and in the postal arm there is a corresponding cadre called the Inspectors of Post Offices. These posts of Inspectors are filled up by promotion after holding a departmental competitive examination from among the candidates of the respective arms of service. Certain reservations are made for the 'Scheduled Castes and Scheduled Tribes, in making the selection. The petitioner appeared for the Departmental competitive examination held in December 1905 for the posts of inspectors, RMS in the. Madras Circle. The total number of Inspectors o...
Sri R. Pandhubhai C/O. State Labour Union, Madras Vs. Management, Bomb ...
Court: Chennai
Decided on: Mar-03-1969
Reported in: AIR1970Mad474; [1971(21)FLR296]; (1970)IILLJ559Mad
ORDERSadasivam, J.1. Petitioner was employed by the first respondent Management on a monthly salary of Rs. 50/- and his services were wrongfully terminated on 13-7-1960 without any reasonable cause. There- upon he preferred an appeal under Section 41 of the Madras Shops and Establishments Act before the appellate authority prescribed under the said Act. The appellate authority passed an order on 5-7-1961 holding that the termination of the petitioner's services was illegal and set aside the order of termination. Thereafter, the petitioner approached the first respondent Management for reinstating him in service. But the first respondent refused to do so. The petitioner then preferred an application C. P. No. 440 of 1961, before the Labour Court, Madras, under Section 33-C(2) of the Industrial Disputes Act, (hereinafter referred to as the Act) Act XIV of 1947 claiming wages for the period from 13-7-1960, the date of dismissal, till 18-8-1961 the date of the filing of the petition,The La...
Controller of Estate Duty Vs. N.R. Ramarathanam and ors.
Court: Chennai
Decided on: Mar-03-1969
Reported in: [1969]74ITR432(Mad)
Veeraswami, J. 1. One Mr. N.S. Ramaswami Iyer died on October 17, 1960. He was a landlord owning agricultural lands, house properties and also investments. He was instrumental in starting a partnership styled as Ennessor and Company, at Coimbatore in 1947. Besides himself, the other partners were his three sons and daughter. The firm was engaged in money-lending business and was registered under Section 26A of the Income-tax Act, 1922. On March 31, 1953, and April 1, 1956, the deceased transferred, by book adjustments in the account of the firm, Rs. 52,042-7-3 and Rs. 77,881-11-8, respectively, to his sons and daughter. In the return for purposes of estate duty, the accountable persons excluded from the principal value of the estate the total of the two sums, namely, Rs. 1,29,924. The revenue disagreed with the accountable persons and included the same as dutiable, but the Tribunal was not prepared to accept that view. In doing so, the Tribunal felt supported by Munro v. Commissioner o...
The Management of New Cinema Vs. the Presiding Officer, Labour Court a ...
Court: Chennai
Decided on: Mar-03-1969
Reported in: (1970)IILLJ452Mad
ORDERSadasivam, J.1. Petition for the issue of a writ of certiorari to quash the order of the first respondent, the Presiding Officer, Labour Court, Madurai in C.P. No. 147 of 1966 on his file, preferred by the second respondent. The 2nd respondent, Vidyapoornachari, was engaged as a booking clerk under the petitioner, a cinema theatre. Pending enquiry into certain charges the second respondent was suspended by the management from 26.12.1965, and was eventually dismissed from service with effect from 29.3.1966, by order dated 27.3.1966. The worker second respondent, claimed certain amounts under three heads, the first one being arrears of salary for ten days from 16.12.1965 to 25.12.1965. This was not disputed The last item of claim was for leave salary for 26 days in the year 1965. But the worker did not want the same to be adjudicated upon by the first respondent. In view of the same, no order was passed in respect of the same. The claim was considered only in respect of the second i...
Nithayya thevar Vs. Subramanian Ambalakarar
Court: Chennai
Decided on: Mar-03-1969
Reported in: (1970)1MLJ400
S. Ganesan, J.1. This revision petition is directed against the order of the Court of the District Munsif of Tiruthuraipundi made on 27 th September, 1967 in an unfiled Small Cause Suit, laid on a promissory note bearing the date 27th Adi, Krodhi year (corresponding to the English date nth August, 1964). Applying the provisions of Section 24 of the Limitation Act and accordingly adopting the Gregorian calendar for computing the period of limitation, nth August, 1967 being a working day, the District Munsif rejected the suit filed on 14th August, 1967 as barred by time. 12th and 13th of August, 1967 were admittedly holidays.2. In paragraph 3 of the plaint it is alleged that the promissory note was executed on 27th Adi, Krodhi year (12th August, 1964) and the learned Counsel relying on the decision of the Madras High Court in Achuthan Nair v. Achuthan Nair : AIR1941Mad582 , contends that the question as to the date of the promissory note is one of fact to be decided by the evidence and p...
M. Natarajan Vs. the Director General of Posts and Telegraphs and anr.
Court: Chennai
Decided on: Mar-03-1969
Reported in: (1969)2MLJ552
ORDERR. Sadasivam, J.1. Petitioner Natarajan in these two Writ Petitions joined as a Sorter in the Railway Mail Service, Madras Circle, of the Post and Telegraphs Department of the Government of India on 15th June, 1953, and he is continuing as such at Erode. In the Post and Telegraphs Department, there are four arms of service, and of them are the Postal arm and the R.M.S. arm. In the R.M.S. arm of the Department, there is a cadre of posts called Inspector of R.M.S., and in the Postal arm there is a corresponding cadre called the Inspectors of Post Offices. These posts of Inspectors are filled up by promotion after holding a Departmental Competitive Examination from among the candidates of the respective arms of service. Certain reservations are made for the Scheduled Castes and Scheduled Tribes, in making the selection. The petitioner appeared for the Departmental Competitive Examination held in December, 1965 for the posts of Inspectors, R.M.S. in the Madras Circle. The total number...
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