Chennai Court November 1970 Judgments
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Shri Thyagrabrahma Mahotsava Sabha, Governing Body, Thiruvaiyaru Vs. V ...
Court: Chennai
Decided on: Nov-03-1970
Reported in: AIR1971Mad274
ORDER1. In this case the defendants 1 and 2 in O. S. No. 84 of 1969 on the file of the District Munsif of Thiruvaiyaru, challenge the order passed by that court under Order 1, Rule 8, C.P.C. permitting the plaintiff-respondent to sue them in a representative capacity. The suit is one filed by the respondent for declaration that the election of the governing body for Sri Thyagrabrahma Mahotsava Sabha held on 10th January, 1969 is invalid and for an injunction restraining the elected body from functioning. The said suit was filed against defendants 1 and 2 as the Secretaries of the Sabha who were then functioning as such. The petitioners-defendants resisted the suit on various grounds. The substantial ground of defence taken by them was that the suit being one for setting aside the election, all the persons who have been elected on 10th January, 1969 and who would be affected by any adverse decision in the suit should be made parties to the suit and that the suit is not maintainable with...
S. Rangayya Goundar (Died) and ors. Vs. Karuppa Naicker and ors.
Court: Chennai
Decided on: Nov-03-1970
Reported in: (1971)1MLJ358
ORDERG. Ramanujam, J.1. The above revision has been filed against the order of the lower Court dated 20th December, 1969 in O.S. No. 1022 of 1966 finding preliminary Issues 5 and 6 against the defendants and holding that the suit as framed is maintainable in the civil Court.2. The facts giving rise to this revision may be briefly set out. The plaintiffs as the descendants and great grandsons of Karuppa Naicker and Mari Naicker filed the above suit in a representative capacity for a declaration that they are alone entitled to celebrate the annual festival in the suit temple which was to commence on 22nd December, 1966, and for an injunction restraining the defendants representing the Nattu Goundars of the village in which the temple is situate and other neighbouring villages from interfering with the plaintiffs' celebrating the festival. The said relief was claimed by the plaintiffs on the basis that the suit temple is an ancient temple, that originally their ancestors, Karuppa Naicker ...
D. Subramaniam Vs. Assistant Controller of Estate Duty and ors.
Court: Chennai
Decided on: Nov-02-1970
Reported in: AIR1971Mad314; [1971]80ITR281(Mad); (1971)IIMLJ71
Veeraswami, C.J. 1. There was, as on March 9, 1966, due a sum of Rs. 37,287.95 as estate duty In India in respect of late T. A. Deivanayaga Thevar, Tirunelveli. It appears that the estate duty represented duty on Ceylon movables. The petition is now taken for a mandamus on the ground that, in view of Section 73(3) of the Estate Duty Act, the petitioner cannot be compelled to pay the duty out of his Indian assets. He is one of the legal representatives of the late assessee. Section 73(3) of the Estate Duty Act directs the Controller to treat and continue to treat an accountable person as not in default in respect of that part of the duty an assets outside India until the prohibition or restriction of remittance is removed in the foreign country. Sections 7, 8 and 22 of the Exchange Control Act of Ceylon do show that there is restriction on remittance of money from Ceylon to this country without the permission of the Central Bank of Ceylon. But it seems to us that these provisions will n...
The Director-general of Posts and Telegraphs Vs. N. Natarajan and anr.
Court: Chennai
Decided on: Nov-02-1970
Reported in: (1971)2MLJ79
1. These appeals are directed against a common order of Sadasivam, J., who allowed the first respondent's petitions one, for quashing the selection of the second respondent as Inspector of Railway Mail Service and the other for a mandamus Directing the Director-General of Posts and Telegraphs to select the first respondent for the post. The first respondent entered service as a sorter in the Railway Mail Service of the Posts and Telegraphs department of the Government of India on 5th June, 1963. There are two cadres among others, to wit, the Railway Mail Service Inspectors and the Postal Inspectors. In December, 1958, the two cadres were grouped together for the purpose of giving representation to the Scheduled Castes. The cadres were filled in by departmental competitive examination from among the candidates of the respective cadres. In December, 1965, 29 vacancies arose in the Postal Inspectors' cadre of the Madras Circle and 3 in the Railway Mail Service Branch. On account of the gr...
M.P. Lokiah and ors. Vs. V.M. Jayaram Naidu
Court: Chennai
Decided on: Nov-02-1970
Reported in: (1971)2MLJ155
S. Ganesan, J. 1. The petitioners-defendants are the appellants and they are aggrieved that the learned Sixth Assistant Judge, City Civil Court, Madras, had dismissed their application in O.S.No. 31 of 1970 for stay of all further proceedings in the said suit and for reference of the matter to arbitration. 2. The appellants and the respondent-plaintiff constituted a partnership firm under the name and style of M/s. Nethaji Brick Works and the first appellant was the managing partner thereof. The respondent has instituted the suit in question for dissolution of the partnership and for accounts and has contended in the suit inter alia that the first appellant was manipulating the account books of the firm and was making secret profits for Chimself. After the institution of the suit the respondent has also filed an application (I.A. No. 32 of 1970) for the appointment of a Commissioner to seize the account books and other records of the firm and accordingly a Commissioner was appointed fo...
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