Chennai Court June 1969 Judgments
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Black Sea State Steamship Line, represented by Its Agents D.M. Madan a ...
Court: Chennai
Decided on: Jun-20-1969
Reported in: (1970)1MLJ548
K. Veeraswami, C.J.1. In view of the foreign jurisdiction clause contained in a bill of lading, the petitioner, a Russian Steamship concern, objected to the jurisdiction of the Court of Small Causes at Madras to try the suit brought by the respondent for damages for short delivery. That Court, however, in the first instance by one of its Judges overruled the preliminary objection and with this conclusion, the New trial Judges, functioning under the procedure provided under the provisions of the Presidency Small Cause Courts Act, concurred. The defendant canvasses the correctness of the view.2. I have no doubt that, on the facts of this case, the only conclusion the Courts below could rightly arrive at, in the circumstances, is the one which they did. The contract to carry a considerable number of electrolytic zinc ingots from Odessa to Madras Port was entered into in Russia in June, 1965. When the goods arrived at this end by Mozdock in July, they were found to be short of their number...
Ramanujam Press Represented by Its Partner K. Ramanujam Vs. the Region ...
Court: Chennai
Decided on: Jun-19-1969
Reported in: AIR1970Mad224; (1970)IILLJ106Mad
ORDERIsmail, J.1. Ramanujam Press is owned by a partnership. The establishment of the press was found employing 22 persons during inspection by the officers of the respondent on 31-7-1964. On the basis of this inspection report, the respondent herein sent a communication dated 29-11-1965 to the petitioner herein stating that the provisions of the Employees' Provident Funds Act 1952 and the Scheme framed thereunder applied to the petitioners' establishment from 1-8-1964 and asked the petitioner to comply with the requirements of the provisions of the Act as well as the Scheme. The petitioner put forward the contention that the Act was not applicable to the petitioner's establishment since in the petitioner's establishment there were no 20 employees who have put in at least one year's service and have worked for not less than 240 days. Since the contention of the petitioner was not accepted by the respondent, the petitioner made representations to the Central Government under Section 19-...
Pannalal Ramkumar and Co., Coimbatore Vs. the Income-tax Officer, City ...
Court: Chennai
Decided on: Jun-18-1969
Reported in: AIR1970Mad264; [1970]75ITR309(Mad)
K. Veeraswami, C.J.1. This is to quash an order of the Income-tax Officer, City Circle II(1), Coimbatore, dated 28-2-1969. By that order he dismissed an application for registration in Form 11, as well as in Form 11-A, which were filed only on 3-3-1967, on behalf of the assesses firm. The occasion for the applications was that there was a change in the Constitution. The Income-tax Officer felt that in the absence of any sufficient cause shown, the applications having not been filed before the end of the previous year for the assessment year, in respect of which the registration was sought, they should be dismissed.2. We are not inclined to issue a rule nisi. Our reasons are two-fold. One is the assessee undoubtedly has a right of revision to the Commissioner under the provisions of the Act and there is no reason why he cannot resort to It. That remedy is quite adequate. The second reason is that Sub-section (4) of Section 184 is mandatory and required that the application shall be made...
Smt. S.R.Y. Bhavani Devi Vs. Commissioner, Corporation of Madras and a ...
Court: Chennai
Decided on: Jun-17-1969
Reported in: AIR1970Mad507
ORDERIsmail, J.1. The petitioner is the owner of premises No. 23 Nungambakkam High Road. Madras 34. The total area of the building with the adjacent vacant site all round is about 34 grounds, out of whichthe building portion alone occupies an area of about ten grounds. The entire main building of the total plinth area of about 16000 sq. ft. excepting a small area of about 1000 sq. ft in the north-east corner of the main building was let out to the Madras Industrial Investment Corporation on a monthly rental of Rs. 1400 from 1-2-1963. The north-east comer of the building has been let out to M/s. Sarathi Films on a rental of Rs. 50 per month. But there is an out-house in the north-eastern extremity of the compound and that out-house is in the occupation of a tenant by name Kohinur Confectionery, paying a monthly rent of Rs. 50. The Madras Industrial Investment Corporation vacated the premises under its occupation on 31-1-1966 and as such the portion in its occupation has remained vacant ...
Smt. S.R.Y. Bhavani Devi Vs. Corporation of Madras and anr.
Court: Chennai
Decided on: Jun-17-1969
Reported in: (1970)1MLJ395
ORDERM.M. Ismail, J.1. The petitioner is the owner of premises No. 23, Nungambakkam High Road, Madras-34. The total area of the building with the adjacent vacant site all round is about 34 grounds, out of which the building portion alone occupies an area of about ten grounds. The entire main building of the total extent plinth area of about 16,000 square feet excepting a small area of about 1,000 square feet in the north-east corner of the main building was let out 16 the Madras Industrial Investment Corporation on a monthly rental of Rs. 1,400 from 1st February, 1963. The north-east corner of the building has been let out to M/s. Sarathi Films on a rental of Rs. 50 per month. But there is an out-house in the north-eastern extremity of the compound and that out-house is in the occupation of a tenant by name Kohinur Confectionary, paying a monthly rent of Rs. 50. The Madras Industrial Investment Corporation vacated the premises under its occupation on 31st January, 1966 and as such the ...
H. Muhamed Sultan Vs. R.J. Mohamed Yakub
Court: Chennai
Decided on: Jun-17-1969
Reported in: (1970)2MLJ443
K.S. Palaniswamy, J.1. The plaintiff having failed in both the Courts below has come up with this second appeal. The suit is to direct the defendant for rendition of accounts in respect of the moneys said to have been received by him from and on behalf of the plaintiff from 1946 till date of suit and to pay the plaintiff such amount as may be determined by the Court. Tentatively, the plaint is valued at Rs. 5,100. Both the Courts below held that the plaintiff had failed to establish any liability on the part of the defendant to render accounts.2. The facts are these : The defendant is the maternal uncle of the plaintiff. The plaintiff lost his father when he was just a lad of three years. The plaintiff's mother died within 3 years thereafter. The plaintiff has five sisters, one of whom is married by one Abdul Razack. The said Abdul Razack was looking after the properties of the plaintiff. The defendant is doing mundy business at Erode. The plaintiff's case is that in about 1946, the de...
Premier Printers Vs. Labour Court and ors.
Court: Chennai
Decided on: Jun-16-1969
Reported in: (1970)IILLJ88Mad
Ismail, J.1. The dispute regarding the quantum of the bonus payble to the workers of the petitioner for the year 1964-65 was referred to the labour court, Coimbatore, by the Government of Madras in G.O. Ms. No. 78, Industries Labour and Co-operation (Labour), dated 6th January, 1966. The labour court, Coimbatore, by its award dated 30th July, 1966, made in Industrial Dispute No. 1 of 1966 held:The workers are, therefore, entitled to bonus at the rate of 20 per cent of the total earnings. The amount received by them as advance may be deducted and the balance shall be paid to them.2. It is to quash this award of the labour court, the petitioner has filed the present writ petition under Article 226 of the Constitution of India.3. Mr. M.R. Narayanaswatny, learned Counsel for the petitioner, confined his attack on the award of the labour court principally to two items, the first item being an addition of a sum of Rs. 9,000 to the net loss returned as per profit and loss account as held in p...
T. Linga Gowder Vs. State of Madras, Represented by the District Fores ...
Court: Chennai
Decided on: Jun-16-1969
Reported in: (1970)1MLJ503
M. Natesan, J. 1. This Second Appeal raises an interesting question in the law of contracts On 8th December, 1958, the District Forest Officer, Ootacamund Division, held an auction sale of the right to cultivate potatoe and vegetable crops along with blue-gum or wattle, in four plots of land each plot measuring about 5 acres. The plaintiff in the suit out of which the Second Appeal arises, the appellant herein, was the highest bidder in the auction for the said four plots of land He had to pay under the terms of his bid for the four plots, Rs. 725, Rs. 775, Rs. 775 and Rs. 800 respectively per year as lease amount. The lease was for a period of three years from 1st January, I959 or from the date of the agreement to be executed in Accordance with the conditions of the auction, whichever was earlier. The auction sale notice containing 36 conditions is exhibited as Exhibit B-1. Conditions 9 and 11 deal with the deposit of earnest money by an intending bidder He has to make an earnest depo...
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