Chennai Court November 1970 Judgments
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Sami thevar and ors. Vs. Sadaya thevar
Court: Chennai
Decided on: Nov-12-1970
Reported in: (1971)2MLJ17
ORDER1. The Sub-Divisional Magistrate, Usilampatti, in M.C. No. 13 of 1970 on his file, a proceeding Under Section 145 of the Criminal Procedure Code, has restrained the petitioners from in any way interfering with the respondent's possession and enjoyment of a land which measures about no acres situate on the northern side of S. No. 1232 in the village of Mekamalai in Madurai district. This revision is directed against this order.2. Sadaya Thevar, the respondent herein, had filed a petition before the Executive First-Class Magistrate, Periakulam, on 2nd November, 1968, averring therein that on 22nd September, 1968, the petitioners unlawfully trespassed into the aforesaid land, committed rioting and caused hurt to him and others. He requested for orders Under Section 145, Criminal Procedure Code. The Sub-Inspector of Police reported on 19th February, 1969, that there was a dispute about this land and that breach of the peace was imminent. Preliminary order Under Section 145 (1) of the ...
In Re: Vasudevan
Court: Chennai
Decided on: Nov-11-1970
Reported in: (1971)1MLJ240
ORDERB.S. Somasundaram, J.1. Vasudevan, the petitioner herein was a Manager of the Khadi Sales Depot, Adyar during the year 1968. P.W. 1, Khadi Inspector, who checked this depot on 23rd December, 1968 found a shortage of a sum of Rs. 285.29 P. When questioned the petitioner stated that he would remit the amount on the very same day. But he did not remit it. He remitted it within two days thereafter exhibit P-6 report was given to the police and after investigation the petitioner was put up for trial for an offence under Section 409, Indian Penal Code. When questioned in Court, the petitioner admitted the shortage, but stated that it was due to the selling of soaps, oil, khadi and other village products on credit basis to various persons at their houses and to make collection of the amounts from them during the second or third of every succeeding month. He deposed to these facts as D.W. 1. Disbelieving his version, the learned Magistrate convicted him under Section 409, Indian Penal Cod...
Bomma Naicker Vs. Mariayayye Ammal and ors.
Court: Chennai
Decided on: Nov-10-1970
Reported in: (1971)1MLJ345
M.M. Ismail, J.1. The appellant herein was the second plaintiff in O.S. No. 525 of 1957 on the file of the Court of the District Munsif of Kulitalai and the second respondent in I.A. No. 114 of 1963 therein. The suit itself was one for redemption of the mortgage instituted by the first plaintiff, who is dead, on the basis of a document dated 4th August, 1930, executed by the first plaintiff's predecessors-in-interest in favour of the respondents' predecessor-in-interest. That document was in the form of an absolute sale with a condition that the vendee should recovery the property, whenever the vendor paid the consideration. In the suit for redemption that document was construed as a mortgage by conditional sale and the suit for redemption was decreed. The conclusion that the transaction constituted a mortgage by conditional sale was confirmed by the first appellate Court and by this Court in Mariyayi Ammal and 4 Ors. v. Family Manager, Rengappa Maicker S.A. No. 405 of 1960, disposed o...
K. Ishaq Sheriff Saheb Vs. Mumtaz Begum and ors.
Court: Chennai
Decided on: Nov-10-1970
Reported in: (1971)1MLJ362
ORDERG. Ramanujam, J.1. The petitioner herein filed a suit for administration of the estate of his deceased father, K. Ahmed Sheriff Sahib consisting of Schedules A to P given in the plaint and for partition and separate possession of his 14/144th share in the said estate and for rendition of accounts by the first and 13th defendants in respect of his share from 7th January, 1967, the date of death of his father, to the date of the plaint and for future mesne profits. The petitioner also attacked as sham and nominal certain settlement deeds executed by his father in favour of the first defendant his second wife in respect of the properties covered by B, C, D, E, and I Schedules. He also claimed that the properties covered by Schedules G, H, K, and L, though had been purchased in the name of the first defendant, they were really purchased by his father, Ahmed Sheriff Sahib benami in her name for his benefit. He further attacked a decree for arrears of mahar obtained by the first defenda...
thenappa Chettiar Vs. Andiyappa Chettiar
Court: Chennai
Decided on: Nov-09-1970
Reported in: AIR1971Mad290
1. This is an appeal by the plaintiff whose suit has been dismissed by the learned Subordinate Judge, Pudukottai, on a preliminary point that the suit is not maintainable. The allegations in the plaint are, briefly, that the plaintiff's father was running a money-lending business at Colombo under the name and style of A. S. (Original in Tamil omitted-Ed.) Moneylending Firm, that the defendant was an agent in that firm and was also having dealings of his own and was carrying on his business. On 16-6-1961, when the accounts of the defendant were taken, the sum owed by the defendant to the plaintiff's father's firm was settled at Rs. 15,000. The defendant agreed to pay the said debt after the expiry of two years, and, in view of the close relationship between the parties, a low rate of interest was fixed, namely, two annas per Rs. 100 per month. to evidence the agreement he executed what the plaintiff styles as a 'voucher'. After the death of the plaintiff's father, the plaintiff became e...
thenappa Chettiar Vs. Andiyappa Chettiar
Court: Chennai
Decided on: Nov-09-1970
Reported in: (1971)1MLJ214
K.S. Venkataraman, J.1. This is an appeal by the plaintiff whose suit has been dismissed by the learned Subordinate Judge of Pudukkottai on a preliminary point that the suit is not maintainable. The allegations in the plaint are, briefly, that the plaintiff's father was running a money-lending business at Colombo under the name and style of A.S. Money-lending Firm, that the defendant was an agent in that firm and was also having dealings of his own and was carrying on his business. On 16th June, 1961, when the accounts of the defendant were taken, the sum owed by the defendant to the plaintiff's father's firm Was settled at Rs. 15,000. The defendant agreed to pay the said debt after the expiry of two years, and, in view of the close relationship between the parties, a low rate of interest was fixed, namely, two annas per Rs. 100 per month. To evidence the agreement he executed what the plaintiff styles as a 'voucher'. After the death of the plaintiff's father, the plaintiff became enti...
The Chief Secretary, Government of Madras and anr. Vs. M.S. Ramaswami
Court: Chennai
Decided on: Nov-09-1970
Reported in: (1971)1MLJ380
K. Veeraswami, C.J.1. On a petition by the Respondent, who is a former Special Government Pleader, Alagiriswami, J.,. quashed G.O. Ms. No. 685, Revenue, dated 22nd March, 1968. The State has, therefore, filed this Appeal though, the Chief Secretary and the Revenue Secretary to the Government.2. The post of the Special Government Pleader was created by Government by an order dated 18th June, 1962. This was done on recommendation from the State Housing Board. The Special Government Pleader was to be in charge of writ petitions relating to Neighbourhood Projects and Housing. Thiru R. Viswanathan Advocate, was appointed to the post. The order which actually issued from the Industries (Housing) Department said that the post was for a year. By an order dated 30th November, 1964, made by Government from the Revenue Department, the same gentleman acting as Special Government Pleader for Housing Board was 'temporarily' appointed as Special Government Pleader for Commercial Taxes Department. He ...
In Re: Jeyadevan
Court: Chennai
Decided on: Nov-06-1970
Reported in: (1971)1MLJ497
B.S. Somasundaram, J.1. Thiru Jayadevan, the appellant herein, is a shroff merchant at Tiruchirapalli. On 22nd March, 1968, he gave a complaint to the Sub-Inspector at the Railway Police Station, Egmore, to the effect that he had lost a suit case which contained gold bars of fourteen carat to the value of Rs. 1,60,000. The Police, after investigation, referred the case as false and filed a complaint against the appellant for an offence under Section 182 of the Indian Penal Code. He in defence contended that the report given by him was true. Observing that it was false, the learned V Presidency Magistrate convicted and sentenced him to pay a fine of Rs. 500. The correctness of this conviction is canvassed in this appeal.2. The appellant was looking after the jewellery shop of his sister's husband one Radhakrishnan at Tiruchirapalli. Smt. Sugunavalli (P.W. 4), his sister, says that on 21st March, 1968, the appellant took to Madras fourteen-carat gold bars from the shop, for converting th...
In Re: Lakshman
Court: Chennai
Decided on: Nov-04-1970
Reported in: (1971)1MLJ242
R. Sadasivam, J.1. Appellant, Lakshmanan has been convicted under Section 302, Indian Penal Code, for having murdered his father Muthuswamy by the field pumpshed in Panchalam Village between 5 and 6 P.M. on 2nd May, 1970, and sentenced to death subject to confirmation by this Court, The appeal preferred by the appellant and the referred trial as regards the sentence of death are both before us.2. The appellant Lakshmanan is the fourth and the last of the four sons of the deceased Muthuswamy. P.W. 1 Subramaniam is the eldest son of the deceased Muthuswamy. The deceased Muthuswamy and his sons were living together as a joint family. The elder brothers of the appellant have all been married. The family incurred expenses for the marriages and for installing an electric pumpset in the land owned by it. The appellant appears to have undergone operation to sterlise himself without informing the members of his family. Evidently on account of this fact no one was willing to give a girl in marri...
Solomon and ors. Vs. Muthiah and ors.
Court: Chennai
Decided on: Nov-04-1970
Reported in: (1974)1MLJ53
ORDERM.M. Ismail, J.1. The genealogical tree given above shows the relationship of the parties to Swaminathan. Admittedly, the parties are Syrian Christians who lived in that part of the former Travancore State which now forms part of the State of Tamil Nadu, after the reorganisation of the States. The said Swaminathan died issueless on 29th May, 1960, survived by his widow Muthammal. Muthammal is said to have executed two settlement deeds in favour of the appellants herein, who figured as defendants 1 to 6 in the trial Court, marked as Exhibits B-1 and B-2. She died on 16th September, 1960. The plaintiffs who are the children and grandchildren of Isaac, brother of Swaminathan, instituted O.S. No. 2 of 1961 on the file of the Court of the Subordinate Judge of Nagercoil for partition and possession of their half share in 'A' and 'B' Schedule properties and monies, contending that Swaminathan was governed by the Travancore Christian Succession Regulation II of 1092 and according to the p...
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