Chennai Court December 1972 Judgments
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Kesavan Vs. S. Vincent Pillai
Court: Chennai
Decided on: Dec-18-1972
Reported in: (1973)1MLJ406
P.R. Gokulakrishnan, J.1. The landlord is the petitioner in this case. There seems to be previous proceedings against the tenant when he committed default in payment of rents, but those proceedings seem to have been compromised. Finally there was proceeding in H.R.C.O.P. No. 72 of 1966 in respect of the default committed by the respondent herein. Even that petition was compromised according to Exhibit A-7 in and by which the tenant agreed to pay rent regularly on or before the 5th of every succeeding month. The rent has to be reckoned according to the English calendar month. In spite of the said agreement the tenant has not paid rents from 11th November, 1966 to 27th February, 1967. Necessarily the landlord has filed H.R.C.O.P. No. 144 of 1967 on 3rd April, 1967, contending that the tenant-respondent herein has committed wilful default in paying rents for the period from 11th November, 1966 to 28th February, 1967, at the rate of Rs. 35 per month, the premises being a non-residential on...
Narayana thevar Vs. Arantangi Panchayat Union Council, Represented by ...
Court: Chennai
Decided on: Dec-18-1972
Reported in: (1973)2MLJ326
ORDERT. Ramaprasada Rao, J.1. The petitioner is a landholder and resident of Ayingudi village, Aranthang Taluk. He own lands which are subject to land revenue, Under Section 115 of the Tamil Nadu Panchayat Act, 1958 (Madras Act XXXV of 1958) (hereinafter preferred to as the Act ),a local cess at the rate of forty five paise on every rupee of land revenue is payable to the Government in respect of any land for every fasli. The content of land revenue as explained in the section is easily understandable. In addition to the local cess under Section 115 of the Act it is ''open to the Panchayat Union Council within whose jurisdiction the lands are situate, to levy on every person liable to pay land revenue to the Government in respect of any land .within the panchayat union, a local cess surcharge at such rate as may be prescribed subject, 'however, to a maximum which also has to be prescribed. This is under Section 116 of the Act. The petitioner's case is that no maximum has been prescribe...
Deivasigamani Udayar Vs. Rajarani Ammal
Court: Chennai
Decided on: Dec-15-1972
Reported in: AIR1973Mad369; (1973)1MLJ383
ORDER1. The husband who has been directed to pay interim maintenance to his wife is the petitioner herein. The wife filed O. S. No. 288 of 1970 in the Subordinate Judge's Court, Cuddalore under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 against her husband for separate residence and maintenance on the ground that she and the defendant were leading a happy married life till the beginning of 1969, that the defendant unlawfully contracted a second marriage on 18-6-1970, that she preferred a complaint under Section 494, Indian Penal Code in C. C. No. 290 of 1970 before the Sub-Divisional Magistrate, Villupuram and the respondent was convicted for the offence of bigamy and that that ever since the husband has been adopting an unnatural attitude and is extremely antagonistic in his behavior towards her and that it is practically impossible for her to live with her husband any longer. On these allegations, the wife claimed maintenance at Rs. 1000/- a month. She also filed I. ...
S.N. Sudalaimuthu Chettiar Vs. Assistant Controller of Estate Duty
Court: Chennai
Decided on: Dec-15-1972
Reported in: [1974]94ITR192(Mad)
Ramaswami, J.1. In the writ petition the petitioner has prayed for the issue of a writ of certiorari to quash the order of the Assistant Controller of Estate Duty, dated May 21, 1966. The reference in the tax case is one under Section 64(1) of the Estate Duty Act, 1953 (hereinafter called 'the Act'). The facts in both the cases are common. One S.N. Namasivayam Chettiar (hereinafter called ' the deceased ') died in Colombo on July 12, 1958. The petitioner who is the son of Nama-sivayam Chettiar is the accountable person in respect of the estate of the deceased. The estate duty assessment was made by the Assistant Controller of Estate Duty on January 30, 1961, under Section 58(3) of the Act determining the net principal value of the estate at Rs. 4,80,419 and the duty payable at Rs. 48,162. In arriving at this principal value of the estate, a sum of Rs. 1,46,506 was allowed as a deduction on account of the deceased's income-tax and excess profits tax liabilities. The Assistant Controller...
Engineers International Vs. C. Hanumantha Raju and ors.
Court: Chennai
Decided on: Dec-15-1972
Reported in: (1974)1MLJ37
Palaniswamy, J.1. This appeal arises out of a suit instituted for recovery of damages under the Fatal Accidents Act, 1815. The Union of India, in the Ministry of Defence, the second defendant, had entrusted, on contract basis, the construction of a Parachute Factory at Avadi with Messrs. Engineers International, the first defendant, a partnership firm. One Lachi Raju, an Engineer under the service of the Union of India as Superintendent, Grade I, was at the place of construction and discharging certain duties. On 7th March, 1963, the first defendant firm was erecting trusses with the help of its employees. 13 trusses were hoisted temporarily before they were to be permanently fixed up. A derrick (a contrivance for moving or hoisting heavy weights) fell on one of the trusses, with the result that all the trusses fell down. One of the trusses fell on Lachi Raju causing serious injuries. He was removed to the Military Hospital, Avadi and given treatment. But he expired within half an hour...
S.V. Ramaswamy Poosari and anr. Vs. the Deputy Commissioner, Hindu Rel ...
Court: Chennai
Decided on: Dec-15-1972
Reported in: (1973)1MLJ320
ORDERT. Ramaprasada Rao, J.1. The petitioners addressed a letter to the Commissioner Hindu Religious and Charitable Endowments, complaining that the 7 respondents who have been impleaded as parties to this writ petition are disqualified to be hereditary trustees of the Mariamman Temple, Irukkankudi, Sattur Taluk, on the only ground that they did not attend three consecutive meetings of the Trust Board. Having made such allegations against their co-hereditary trustees they went further and requested the Commissioner to treat the second petitioner and two others as the only surviving body of hereditary trustees for being recognised and dealt with even in the matter of election of the Chairman of such a Board. The first petitioner says that his right of hereditary trusteeship held by him has since been relinquished in favour of the second petitioner. This process of relinquishment is seriously deputed by the contesting respondents in this case. To continue the narrative after having so in...
The Secretary of the North Arcot District Co-operative Supply and Mark ...
Court: Chennai
Decided on: Dec-15-1972
Reported in: (1973)2MLJ284
P.S. Kailasam, J.1. The Secretary of the North Arcot District Co-operative Supply and Marketing Society, Vellore, the defendant in the suit, is the petitioner herein. The plaintiff-respondent an employee of the Society filed a suit for recovery of security deposit made by her, when she joined the society. She resigned her job and claimed that a sum of Rs. 250 which had been deposited by her as security should be returned to her. The society while accepting that the respondent had deposit-edasum of Rs. 250 towards the security deposit, contended that the suit is not maintainable in the civil Court, and that the respondent should have taken proceedings under the Tamil Nadu Co-operative Societies Act by filing a petition under Section 73 of the Act.2. The question for consideration is' whether the claim for refund of security deposit is one that falls under Section 73 of the Act. Section 73 of the Act (LIII of 1961) provides that if any dispute touching the business of a registered societ...
S. Chenniappa Mudaliar Vs. Commissioner of Income-tax
Court: Chennai
Decided on: Dec-13-1972
Reported in: [1974]95ITR618(Mad)
Ramanujam, J. 1. The petitioner herein submitted a return of hisincome for the assessment year 1956-57. The Income-tax Officer determined his total income at Rs. 4,13,645 and the tax thereon at Rs. 75,661. The petitioner filed an appeal to the Appellate Assistant Commissionercontending that two sums of Rs, 72,515 and Rs. 3,14,100 arising on saleof shares were not taxable under Section 10(5A) of the Indian Income-taxAct, 1922. He also contended that he had the option of getting theamount of Rs. 72,515 taxed at the average rate applicable to the totalincome for three years preceding the assessment year 1956-57. TheAppellate Assistant Commissioner, however, rejected those contentions andconfirmed the assessment order. There was a further appeal to theTribunal, and the Tribunal held that the addition of the said two sumsmade by the Income-tax Officer was invalid and, therefore, deleted thesame from assessment. The said decision of the Tribunal was alsoconfirmed by this court on September 1...
Chinnaswamy thevar Vs. Election Commissioner (District, Munsif) and or ...
Court: Chennai
Decided on: Dec-13-1972
Reported in: (1974)1MLJ198
ORDERT. Ramaprasada Rao, J.1. In an election held for choosing the President of Mathalakkampatti Village Panchayat, the petitioner succeeded on the basis of the counting of votes made by the Returning Officer. According to the return, the petitioner obtained 496 votes, the contesting respondent 494 votes. The contesting respondent took up the matter before the election authority, which is the District Munsif of Periakulam who, after having been satisfied that there was considerable doubt about the propriety of the counting of the votes, directed a recount of the same. On such recount undertaken at the instance of the election authority, but in the presence of the parties, it was found that the petitioner secured 495 votes as against 496 votes obtained by the contesting respondent. The election authority, on the basis of such recount, declared the contesting respondent as having been duly elected and set aside the election of the petitioner. It is as against this, the present writ petit...
M.R. Prakasam and ors. Vs. Tahsildar
Court: Chennai
Decided on: Dec-12-1972
Reported in: [1974]97ITR235(Mad)
Ramaprasada Rao, J.1. The petitioner in each of these writ petitions is aggrieved by the summary disposal given by the respondent as the Tax Recovery Officer functioning under the provisions of the Income-tax Act. The relevant facts are as follows : In connection with the arrears of income-tax due from Thiru K. Shanmugham Chettiar and his brother, a Hindu undivided family, certain properties, which, according to the revenue, belonged to the joint family were attached. The petitioner in each of these writ petitions is aggrieved by such attachment, as, according to him, the property belongs to him, he having purchased bona fide the attached property for consideration from one of the sharers, after a partition was effected in the family and after allotment was made in such a partition to the sharers in the family. The revenue of course takes up the position that there was no partition at all and that the subsequent theory of alienation by one of the sharers of the family is all a myth. Bu...
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