Chennai Court July 1971 Judgments
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Maniam Palanisami Gounder Vs. P. Karuppa Gounder
Court: Chennai
Decided on: Jul-13-1971
Reported in: AIR1972Mad243
1. The plaintiff in O. S. No. 345 of 1963 on the file of the Court of the District Munsif, Tiruppur, who lost before the trial court as well as the first appellate court, is the appellant before this court. He instituted the suit claiming a sum of Rs. 1000 by way of damages on the ground of a false complaint made by the respondent herein. The short facts that are necessary for purpose of appreciating the contention that is raised in the second appeal are as follows. The appellant herein was the village munsif of Nambiyamapalayam, while the respondent herein was the President of the Panchayat Board. Admittedly, there appears to have been some enmity between them. On 26-2-1963, the respondent herein sent a report to the Collector complaining of the theft of audit vouchers, muster rolls and other records of the Panchayat board premises by the appellant herein and three other members. A copy of this complaint was sent to the District Superintendent of Police, who forwarded it to the Sub-In...
P. Sivaramakrishna Pillai Vs. the Land Commissioner, Board of Revenue, ...
Court: Chennai
Decided on: Jul-13-1971
Reported in: AIR1972Mad189
ORDER1. The petitioner, an ex-service man of the Indian Army, having served for fourteen years upto 1958, applied to the District Revenue Officer, Thanjavur, to assign to him an extent of 1.25 acres in Survey No. 108 in Valkai village in Nannilam taluk, the land having been declared as surplus under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. For the same land the third respondent, another ex-service man of the Indian Army, also made an application. The District Revenue Officer made the assignment in favour of the third respondent and rejected the application of the petitioner. The appeal which the petitioner filed to the Board of Revenue was also dismissed. The writ petition has been filed to quash the said order of the District Revenue Officer as confirmed by the Board of Revenue.2. Mr. Radhakrishnan, appearing for the petitioner, put forward two contentions in support of this petition. Firstly he contended that the application made by the third respondent fo...
R. Raja Konar and ors. Vs. Andal Ammal
Court: Chennai
Decided on: Jul-13-1971
Reported in: AIR1973Mad47
1. This petition has been filed by the tenants against an order of the District Judge Madurai, passed in C. R. P. 23 of 1970. The contention that is raised in this court is that the orders passed by the courts below were based on a compromise and not on a finding that the tenants have committed a breach as required under Section 10(2) clauses (f) to (vii) and therefore the order of eviction is not executable. I find on facts that this submission is not borne out. Before the Rent Controller, the landlady contended that the tenants were guilty of willful default in payment of rent, that the tenants have subleased the premises, that the tenants had denied the title of the landlady and that the landlady required the building bona fide for the immediate purpose of demolition and reconstruction. It is unnecessary to consider the other grounds except the requirement by the landlady of the building bona fide for the immediate purpose of demolition and reconstruction. The trial court in paragra...
Srimagal and Company Vs. Books (India) Private Limited and ors.
Court: Chennai
Decided on: Jul-13-1971
Reported in: (1972)2MLJ610
K. Veeraswami, C.J.1. The defendant appeals from a decree of Kailasam, J., granting the first plaintiff-respondent a sum of Rs. 2,500 by way of damages for infringement of the first plaintiff's copyright in the Tamil translation of the autobiography of the late Pandit J awaharlal Nehru It appears that some time in J936, Thiru Sa. Ganesan had been permitted by Pardit Nehru to translate his autobiography in Tamil. But the relationship between Thiru Sa. Ganesan and the author was far from happy and on account of this fact Pandit Nehru in about 1955 authorised the first plaintiff to translate the autobiography and sell the same. The first plaintiff coming across sales of translations by the defendant exchanged notices in about 1959 complaining of infringement of his copyright and alleging damages which eventually led to the suit. In July, 1957 the defendant had printed 1,200 copies of which 200 were said to be complimentary copies. Of the remaining 1,006,957 copies were sold by him which r...
S. Raghavanandam Vs. C.P. Chitrarasu and ors.
Court: Chennai
Decided on: Jul-12-1971
Reported in: AIR1973Mad50
ORDER1. The petitioner herein, a member of the Tamil Nadu Legislative Council is seeking for a writ of certiorari to quash the notification dated 27-1-1971 issued by the Chairman, Tamil Nadu Legislative Council (the first respondent) on the main ground that he has not ceased to be a member of the Upper House, and the notification as such should be deemed to be inoperative in the eye of law. The facts on which the writ petition was based could be summarised as follows.2. On the dissolution of the Tamil Nadu Legislative Assembly consequent on the dissolution of the Lok Sabha, the petitioner had information that some of the members of the Dravida Munnetra Kazhagam, to which the petitioner belonged, and who were members of Parliament, desired to stand for the State Legislative Assembly and vice versa. For this purpose, the party officials were gathering such information as was necessary as to who all were so desirous necessary as to who all were so desirous of standing as members to the St...
S. Raghavanandam Vs. C.P. Chitrarasu the Chairman, Tamil Nadu Legislat ...
Court: Chennai
Decided on: Jul-12-1971
Reported in: (1972)2MLJ147
ORDERT. Ramaprasada Rao, J.1. The petitioner herein, a member of the Tamil Nadu Legislative Council^ is seeking for a writ of certiorari to quash the notification dated 27th January, 1971, issued by the Chairman, Tamil Nadu Legislative Council (the first respondent) on the main ground that he has not ceased to be a member of the Upper House, and the notification as such should be deemed to be inoperative in the eye of law. The facts on which the writ petition was based could be summarised as follows.2. On the dissolution of the Tamil Nadu Legislative Assembly consequent on the dissolution of the Lok Sabha, the petitioner had information that some of the members of the Dravida Munnetra Kazhagam, to which the petitioner belonged, and who were members of Parliament, desired to stand for the State Legislative Assembly and vice versa. For this purpose, the party officials were gathering such information as was necessary as to who all were so desirous of standing as members to the State Legi...
Thiruvalloor Pillai Vs. Ramaswami Naidu and anr.
Court: Chennai
Decided on: Jul-08-1971
Reported in: AIR1972Mad410
1. The application E. A. No. 596 of 1965 in E. P. No. 593 of 1964 in O.S. No. 324 of 1961 out of which this appeal arises was instituted by Thiruvalloor Pillai, the appellant herein, under Section 47 and Order 21, Rule 53, Civil P. C. for setting aside a court auction sale held on 23-8-1965 under the following circumstances:The first respondent herein, Ramaswami Naidu, obtained a decree in O. S. No. 324 of 1961 the suit referred to above, on a promissory note against Kanakavalli Ammal the mother of the appellant and his three brothers on 17-8-1961. Kanakavalli Ammal died on 17-9-1961 and after her death the appellant herein and his three other brothers were impleaded as her legal representatives in E. A. 311 of 1962 in E. P. 208 of 1962 after due notice to them. In the first E. P. No. 208 of 1962 the property in dispute was attached as belonging to the estate of the deceased Kanakavalli Ammal in the hands of the appellant and his brothers; but the execution petition was dismissed on 14...
S.T. Ramalingam Pillai Vs. Dhanalakshmi and Co., Madurai and anr.
Court: Chennai
Decided on: Jul-07-1971
Reported in: AIR1972Mad190
1. This appeal arises under the following circumstances: One Dhanalakshmi and Company, Madurai, instituted a suit (O. S. 101 of 1959) against one S. R. Subramania Pillai for recovery of Rs. 14,800 and odd on foot of an agency agreement dated 1-9-1957. This suit, which was instituted on 1-10-1959, was decreed on 21-9-1961. Subsequently, the judgment-debtor died and his wife, Parvathi Ammal and son, S. T. Ramalinga Pillai and a few others were impleaded as his legal representatives. In E. P. 374 of 1963, the decree-holder attached the properties of the judgment-debtor on 8-9-1963. The widow and the son of the judgment-debtor, who had already been impleaded as legal representatives, filed an application in E. A. No. 209 of 1968 under Section 47, C. P.C. claiming that they had become entitled to 3/4 share in the attached property by virtue of an earlier partition and that the attachment in respect of their 3/4 share should be raised. The basis of their plea was that under a 'Vagathadi' (Pa...
Swadeshi Cotton Mills Co., Ltd., Represented by the Secretary Vs. Comm ...
Court: Chennai
Decided on: Jul-07-1971
Reported in: (1972)1MLJ457
ORDERT. Ramaprasada Rao, J.1. The petitioner in both the Writ Petitions is Swadeshi Cotton Mills Company, Limited, Mudaliarpet Commune, Pondicherry. It is a public limited company which took over the quondam Savana Mills in the year 1956. For the purpose of its business the Mills obtained most of its raw materials and other stores from outside the Pondicherry State. Amongst other things it purchased cotton from various States in our own. country and also imported the same from abroad. In addition, various materials like colour chemicals, sizing materials, packing materials, kerosene oil lubricants, spare parts, stationery and building materials etc., and fuel are all purchased by the petitioner from outside the Pondicherry State. Mudaliarpet commune is not served either by railway or by road transport. The petitioner company has no railway station of its own and hence the goods purchased from outside Pondicherry have to be brought into Pondicherry commune by rail or by transport compan...
Natarajan Asari Vs. Pichamuthu Asari
Court: Chennai
Decided on: Jul-06-1971
Reported in: AIR1972Mad192
1. The first defendant is the appellant. The suit is (1) for a declaration that the plaintiff is entitled to the western half of the suit property; (2) for rectification of the plaintiff's sale deed dated 1-8-1960, describing the property conveyed under it as the western half instead of the eastern half of the plaint property; (3) for recovery of the western half of the suit property from the first defendant; and for other reliefs.2. The plaintiff's case is that one Perumal Asari originally owned the suit property, that he died about 30 years prior to the date of the plaint, leaving behind him two sons, Subbiah Asary and Velayudhan Asari, that the two sons became divided in status even before 1117 M. E., and each became entitled to one half share in the property, the eastern half being taken by Velayudhan Asari, and the western half being taken by Subbiah Asari. The elder brother Subbiah died about the year 1118 M. E. leaving behind him his son Eswaramoorthi Asari and his wife Chandana...
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