Chennai Court April 1970 Judgments
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Gnanambal Vs. G.R. Selvaraj
Court: Chennai
Decided on: Apr-20-1970
Reported in: (1970)2MLJ429
ORDERK.S. Palaniswamy, J.1. This is an appeal filed by the wife from the decision of ?he Additional Judge, City Civil Court, Madras, confirming he decree of he trial Court dissolving the marriage between he appellant and the respondent on the ground that he appellant was incurably of unsound mind for a continuous period of three years immediately preceding the presentation of the petition for divorce. The husband-respondent is employed as an Appraiser in the Customs Department. He married the appellant in February, 1949, when hey were respectively aged about 22 and 16. There are five children of he marriage, a boy and four girls. The boy is the eldest and is aged about 15 and the youngest girl is aged 7. The last child was born in January, 1959, and at hat time the appellant was sterilised. Therefore, there is no prospect of the appellant bringing forth any more child. Even in the middle of 1951, the appellant appears to have showed signs of mental ailment. That necessitated her being ...
In Re: D. Muthukumaraswamy Alias Rajakumar by Power of Attorney Agent ...
Court: Chennai
Decided on: Apr-17-1970
Reported in: (1970)2MLJ328
K.S. Palaniswami, J.1. This is an application under Order 3, Rule 1 of the Original Side Rules for leave to institute an originating summons in this Court. Sadasiva Mudaliar, applicant's grandfather, owned certain properties in Nilgiris District. He executed two indentures, one on 19th June, 1955 and another on 7th March, 1962 conveying different portions of his properties constituting the applicant as the beneficiary for his life time with remainder over to the children of the applicant to be born. The applicant wants to dispose of a portion of the property in which he has got life interest for the purpose of prosecuting his studies abroad. For this purpose, he wants the leave of the Court. He has filed affidavits of the intending purchasers who have expressed their willingness to purchase the property for a certain price. As the property is situated outside the jurisdiction of this Court, the office returned the originating summons and asked the applicant to apply for leave of the Co...
Mohamed Ghouse Vs. Revenue Divisional Officer
Court: Chennai
Decided on: Apr-16-1970
Reported in: (1970)2MLJ702
T. Ramaprasada Rao, J.1. These two appeals are connected. A.S. No. 365 of 1966 is by the claimant against the award of the learned Subordinate Judge of Vellore, who after enquiry, granted compensation for the lands compulsorily acquired under the provisions of the Land Acquisition Act, which compensation, according to the appellant, is insufficient. A.S. No. 436 of 1966 is by the State who mainly questions the right of the Court below for having entertained the claim as regards compensation because there was a statutory bar under Section 25 (2) of the Act which prevented the Court below from enquiring into it. It, therefore, follows that if the preliminary objection raised by the State in A.S. No. 436 of 1966 has to be accepted, it may not be necessary for us to deal with the merits of A.S. No. 365 of 1966. In the light of this, we intend proceeding to consider the objections raised by the State in A.S. No. 436 of 1966 and thereafter, if necessary, advert to A.S. No. 365 of 1966.2. An ...
The Special Officer, Amaravathi Co-operative Sugar Mills Vs. D.V. Thir ...
Court: Chennai
Decided on: Apr-16-1970
Reported in: (1973)2MLJ361
ORDERM.M. Ismail, J.1. The petitioner herein is the Special Officer of the Amaravathi Cooperative Sugar Mills, Krishnapuram, Coimbatore District, a society registered under the Madras Co-operative Societies Act, 1932. The first respondent herein is a member of the society. On the allegation that the first respondent herein failed to supply to the petitioner-society sugarcane as required by Bye-law No. 39 of the bye-laws of the society and therefore he was liable to pay to the society a sum of Rs. 25 per tonne for 360 tonnes, which he was bound to supply, the petitioner-society filed a claim against the first respondent under Section 73 of the Madras Co-operative Societies Act, 1961, before the Co-operative Sub-Registrar, the third respondent herein The said Co-operative Sub-Registrar, by his order dated 8th December, 1967, decreed the claim of the petitioner herein against the first respondent. It appears that the petitioner preferred similar claims against several other members and al...
In Re: Myilsami Alias Mylan
Court: Chennai
Decided on: Apr-15-1970
Reported in: (1970)2MLJ422
K.N. Mudaliyar, J.1. The appellant Myilsami alias Mylan appeals against his conviction for an offence under Section 376, Indian Penal Code.2. P.W. 1 deposes that on or about the 5th day of June, 1968, at about 5 p.m. in the sugarcane field of Raju Chettiar the appellant committed rape on her. She is a minor girl who is more than 13 years and less than 14 years. She says she knew the accused who has his own lands 3 fields away from her fields. The appellant was cultivating his land. On the 5th day of June, 1968, she went to graze cattle on the morning as usual. At about 5 p.m. the appellant came from the east. He questioned her if she snatched a sugarcane. He pulled her by hand. She tried to extricate herself. He lifted her and took her into the sugarcane field, laid her on the ground removed her saree and pavadai and laid himself on her. He removed his dhoti, pressed his male organ on her female organ and pressed it inside. The male organ did not go inside. It went only a little. She d...
In Re: P. Kasi Mudaliyar
Court: Chennai
Decided on: Apr-15-1970
Reported in: (1970)2MLJ499
ORDERK.N. Mudaliyar, J.1. The accused-petitioner seeks to revise his conviction for an offence under Section 8(3)(b) read with Section 13(1) of the Rice Milling Industry (Regulation) Act, 1958.2. The petitioner is the owner of a rice mill at No. 131, Gandhi Road, Cheyyar. He was licensed to carry on rice milling business under a licence. But the said licence was suspended by the District Revenue Officer by his order, dated 15th February, 1968 for a period of six months from the date of service of the order. The said order was served on the petitioner on 24th February, 1968. On 19th March, 1968 the Taluk Supply Officer, Cheyyar, along with his subordinates inspected the rice mill and found it to have carried on rice milling business during the period of suspension of the licence.3. The plea of the accused is one of denial.4. P.W. 1 speaks to the fact of the accused being the owner of the rice mill at No. 131, Gandhi Road, Cheyyar. According to the evidence of P.W. 1, the licence for the...
Chelliah Nadar
Court: Chennai
Decided on: Apr-13-1970
Reported in: (1970)2MLJ392
ORDERK.N. Mudaliyar, J.1. The revision petitioner (Chelliah Nadar) seeks to revise his conviction for an offence under Section 279 of the Indian Penal Code.2. It is unnecessary for me to reiterate all the facts proved by P.Ws. 1 to 8. Suffice it for me to notice that, according to the evidence of P.W. 3, the revision petitioner (accused) was coming ahead in a bus, that he was coming at a good speed and that he dashed against his (P.W. 3's) bullock cart. The bullock met with instantaneous death at the spot as a result of the terrible impact on it. It is true that there had been a head-on collision and the injury sustained by the bullock had resulted in its death. I also take into consideration the fact that the road was a wide one with the result that two vehicles could pass through simultenously. P.W. 8 was keeping his cart on its proper side. He further says that one of the wheels of his cart was on the tar portion of the road. He states that the petitioner was driving the vehicle wit...
General Assurance Society Ltd. Vs. Sitarama Rice Mill Co. and ors.
Court: Chennai
Decided on: Apr-10-1970
Reported in: [1971]41CompCas162(Mad); (1970)2MLJ483
Sadasivam, J.1. Sri Sitarama Rice Mills Company are the owners of the factory building wdh godowns at Dosapadu, Krishna District. On 19-1-1960, they insured the factory and machinery with the Jupiter General Insurance Company Ltd., the first defendant in the suit, against loss or damage that, may result by fire or lightning for one year between 1-1-1960 and 1-1-1961. One Kodali Venkatasubba Rao took a lease of the factory with the machinery from the plaintiffs and sub-leased the same to one Venkineni Venkataratnam. Venkineni Venkataratnam in his turn sub-leased the proper-ty to one Kotes-wara Rao, the third defendant in the suit. The plaintiffs filed O.S. No. 44 of 1958 on the file of the Subordinate Judge's Court, Gudivada, against their lessee, Venkatasubba Rao and others, and obtained an injunction against the lessee from sub-leasing the property. The plaintiffs' case is that their lessee, Venkatasubba Rao, had no right to sub-lease or assign his interest and more so after they had ...
Pyarelal Malhotra Vs. Joint Commercial Tax Officer, T. Nagar Division Overruled
Court: Chennai
Decided on: Apr-10-1970
Reported in: (1971)IIMLJ176; [1970]26STC416(Mad)
1. The point involved in these cases has arisen in a batch of cases which was posted for hearing along with these and the question that is raised for our decision is as to the validity of the levy of sales tax on iron flats, iron sheets and iron bars made out of iron scrap which has already been subjected to tax. We have heard the various counsel appearing for the petitioners in the entire batch of cases but we render our decision in the above two cases leaving the other cases to be disposed of later on the particular facts. Before dealing with the contentions of the assessee in these cases, it is necessary to set out the facts at least in one case and we propose to deal with the facts in Writ Petition No. 520 of 1968. 2. The petitioners herein are carrying on business of re-rolling steel. They buy iron and steel scraps from other registered dealers and convert them into mild steel rounds, flats, angles etc., by rolling them. The concerned assessing authority by its Order dated 25th Ja...
Rajasthan Spinning and Weaving Mills Ltd. Vs. Textool Company Ltd.
Court: Chennai
Decided on: Apr-09-1970
Reported in: [1971]41CompCas66(Mad)
Palaniswamy, J.1. This petition is filed under Section 433(e) of the Companies Act to wind up the respondent-company, Textool Company Ltd., Coimbatore. The petitioner is Rajasthan Spinning and Weaving Mills Ltd. The case of the petitioner-company is that in pursuance of a contract for the manufacture of certain textile machinery, a certain sum was paid to the respondent-company, that the respondent-company supplied some defective machinery, that subsequently the respondent-company by a letter dated 29th August, 1967, acknowledged liability to the extent of Rs. 2,60,000 and that, in spite of demand, the respondent-company failed and neglected to pay the said amount. The respondent-company admits the contract, but denies its liability for any amount. According to the respondent-company, there was a subsisting dispute between the parties under the contract, and if accounts are verified, no amount would be found due to the petitioner-company. It is also its case that the petitioner-company...
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