Chennai Court August 1972 Judgments
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V.G. Balasundaram Vs. V.B. Gopalakrishnan and ors.
Court: Chennai
Decided on: Aug-23-1972
Reported in: (1972)2MLJ566
M.M. Ismail, J.1. The petitioner in W.P. No. 1917 of 1972 on the file of this Court, who lost before Ramaprasada Rao, J., is the appellant herein. The appellant and the first respondent herein were lessees of a particular premises taken on tease in December, 1969. They applied for a licence 'C' form under the Tamil Nadu Cinemas (Regulation) Act, 1955 and such a licence was issued in the joint names of the appellant and the first respondent and it was valid till 25th August, 1972. According to the appellant, there was an inter se arrangement between the appellant and the first respondent under which the first respondent was to run the theatre for a period of two years and enjoy the income therefrom and thereafter the appellant herein was to run the theatre and enjoy the income therefrom for a period of two years. The further case of the appellant was that the enjoyment of the first respondent came to end on 6th December, 1971, and thereafter he took over management of the theatre; that ...
Union of India (Uoi) by Postmaster-general Vs. Amjad Miyan
Court: Chennai
Decided on: Aug-22-1972
Reported in: (1972)2MLJ363
K.S. Ramamurti, J.1. The Union of India, represented by the Postmaster-General, Mount Road, Madras, is the appellant and the respondent is Amjad Miyan of Rampur, Uttar Pradesh. The latter instituted a suit, O.S. No. 1749 of 1962 on the file of the City Civil Court, Madras, against the Union of India to recover a sum of Rs. 5,555 representing the loss of an insured article. His case is that from Rampur he came to Trichy after a halt at Madras some time in August, 1960, that he left Rampur taking a sum of Rs. 5,000 (fifty hundred rupee currency notes) from one Dhulai Miyan of Rampur for purchasing lungies for the latter at Trichy, that after arriving at Trichy he abandoned that idea and therefore sent back the sum of Rs. 5,000 (the same identical 50 hundred rupee currency notes) to Dhulai Miyan at Rampur, The further case of the plaintiff is that he is an illiterate man does not know to read and write English and therefore, he sought the assistance of one Nawab Jan to fill in the requisi...
P. Natarajan, Business Manager, Coimbatore Co-operative Milk Supply Un ...
Court: Chennai
Decided on: Aug-22-1972
Reported in: (1973)1MLJ5
ORDERN. Krishnaswamy, J.1. These two appeals arise out of a common judgment of the Court of the Employees' State Insurance and the District Judge of Coimbatore. P. Natarajan, Business Manager, Coimbatore, Co-operative Milk Supply Union Limited the respondent in proceedings No. 12 of 1965 before that Court is the appellant in C.M.A. No. 112 of 1971. The petitioner in proceeding' No. 3 of 1966 who is an employee of the Coimbatore Co-operative Milk Supply Union Limited is the appellant in C.M.A. No. 113 of 1971. The Coimbatore Co-operative Milk Supply Union Limited is the respondent in both the proceedings.2. The Employees' State Insurance Corporation (hereinafter called the 'Corporation') filed an application for recovery of employees' contribution of Rs. 2,316 for the period from 1st July, 1962 to 30th June, 1963, against the Coimbatore Cooperative Milk Supply Union Limited (hereinafter called 'the Union') on the ground that the Union was a factory within the meaning of the Employees' S...
Al. Vr. St. Veerappa Chettiar Vs. Commissioner of Income-tax
Court: Chennai
Decided on: Aug-21-1972
Reported in: [1973]91ITR116(Mad)
Ramanujam, J. 1. The assessee was originally assessed in the status of a Hindu undivided family for the assessment year 1953-54 on August 31,1954, on a total income of Rs. 4,915 and for the year 1954-55 on a total loss of Rs. 4,087 on April 15, 1955. In its original assessments the assessee had claimed losses of Rs. 9,167 and Rs. 19,283 in the assessment years 1953-54 and 1954-55 respectively from its Thatchanallur Sugar Mill business, and those losses were allowed as claimed in the original assessments. In those original assessments the interest received by the assessee from one of the debtors, Sri RM. AR. AR. RM. Ramanathan Chettiar, had not been disclosed and the assessments were completed without including these interest receipts. 2. Subsequently, in the course of the assessment for the year 1955-56, it was found that one of the debtors, the said Ramanathan Chettiar, had credited the assessee with Rs. 24,165 as interest for a number of years. When that interest receipt was included...
Parvathiyammal Vs. Sivathanu Pillai and ors.
Court: Chennai
Decided on: Aug-18-1972
Reported in: AIR1974Mad147
1. This appeal has been filed by Parvathiyammal, the 3rd defendant in O.S. 10 of 1123 (1947) against the order of the Subordinate Judge of Nagercoil, dismissing the application E.A. No. 230 of 1968 which was filed for assessment of the value of improvements in Item 1 and for assessing the mesne profits regarding Item 2 of the suit properties under Section 5, clauses 1 and 3 of the Travancore Cochin Compensation for Tenants Improvements Act of 1956.2. To appreciate the contention raised by the appellant, it is necessary to state briefly the relevant facts: Items 1 and 2 of the suit property belong to a village trust founded in the name of the Sastha temple of Eathamozhy village. Item 1 is about 161/2 acres of waste land and Item 2 is a building site. Item 1 was originally a waste land full of wild growth. In 1112 M. E. (1936), the trustees had entrusted the property to the defendant Arumugham Pillai for improving the said property by converting it into garden land or paddy land. The sai...
A.K. Muthukaruppaswamy Moopanar Vs. Sri Murugan theatre and ors.
Court: Chennai
Decided on: Aug-18-1972
Reported in: AIR1973Mad221
Venkataraman, J.1. The present petition has been filed by one Muthukaruppasami Moopanar under the following circumstances. He filed an application before the Collector for a certificate of no-objection to locate a touring cinema in S. No. 918/1 of Andipatti village within the limits of Ethakoil Panchayat. The application was made under the provisions of the Madras Cinemas (Regulation) Act. 1955 (Madras Act IX of 1955). The respondent is a partnership owning a permanent cinema (Murugan theatre) in the locality and they filed their objections, through their partner Sadayandi on the grounds that the existing cinema facilities were sufficient and also that the place proposed to be licensed was situated within one furlong from the community radio centre. The objections were raised with reference to S. 5(1) of the Act and the rules thereunder. S. 5(1) enacts that the licensing authority shall have regard to the following matters. namely.'............... (d) the adequacy of existing places fo...
A.K. Muthukaruppaswamy Moopanar Vs. Sri Murugan theatre by Its Partner ...
Court: Chennai
Decided on: Aug-18-1972
Reported in: (1972)2MLJ621
K.S. Venkataraman, J.1. The present petition has been filed by one Muthukaruppasamy Moopanar under the following circumstances. He filed an application before the Collector for a certificate of no-objection to locate a touring cinema in survey No. 918/I of Andipatti Village within the limits of Ethakoil Panchayat. The application was made under the provisions of the Madras Cinemas (Regulation) Act, 1955, (Madras Act IX of 1955) The respondent is a partnership owning a permanent cinema (Murugan Theatre) in the locality and they filed their objections, through their partner Sadayandi on the grounds that the existing cinema facilities were sufficient and also that the place proposed to be licensed was situated with-it one furlong from the community radio centre. The objections were raised with reference to Section 5 (1) of the Act and the rules thereunder. Section 5 (1) enacts that the licensing authority shall have regard to the following matters, namely,.(d) the adequacy of existing pla...
Parvathiyammai Vs. Sivathanu Pillai and ors.
Court: Chennai
Decided on: Aug-18-1972
Reported in: (1972)2MLJ600
N. Krishnaswami Reddy, J.1. This appeal has been filed by Parvathiyammai, the third defendant in O.S. No. 10 of 1123(1947) against the order of the Subordinate Judge, of Nagercoil, dismissing the application E.A. No. 230 of 1968 which was filed for assessment of the value of improvements in item 1 and for assessing the mesne profits regarding item 2 of the suit properties under Section 5, Clauses 1 and 3 of the Trayancore-Cochin Compensation for Tenants Improvements Act, 1956.2. To appreciate the contentions raised by the appellant, it is necessary to state briefly the relevant facts: Items 1 and 2 of the suit property belong to a village trust founded in the name of the Sasta temple of Eathamozhy Village. Item 1 is about 161/2 acres of waste land and item 2 is a building site. Item 1 was originally a waste land full of wild growth. In 1112 M.E. (1936), the trusteeshad entrusted the property to the defendant Arumukam Pillai for improving the said property by converting it into garden l...
T.R. Ramanathan and ors. and S.M.A. Habeeb Vs. the State of Madras by ...
Court: Chennai
Decided on: Aug-18-1972
Reported in: (1973)1MLJ325
ORDERT. Ramaprasada Rao, J.1. The Directors, the Secretary, the Jewel Appraiser, the Cashier and some of the Clerks of the Bodinaicknur Cardamom and Coffee Planters Co-operative Bank Limited were surcharged under Section 71 of the Tamil Nadu Co-operative Societies Act, 1961, for having mis-managed the affairs of the Bank and for having committed wilful negligence as also breach of trust in relation to the property of the Bank and thereby caused a deficit to the assets of the Bank to the extent of Rs. 1,63,179. The Bank gives loans from and out of its liquid assets to members for certain recognised purposes on the pledge of gold jewels amongst other articles. The by-laws of the Bank, which have been noticed by this Court, vest several responsibilities and obligations on the officers of 'he Bank. We are here concerned with by-law No. 44 which deals with loans on the security of gold jewels and bullion. The usual process by which an application for the grant of a loan on the pledge of a g...
P.S. Ramarao Vs. P.R. Krishnamani Ammal
Court: Chennai
Decided on: Aug-17-1972
Reported in: AIR1973Mad279; (1973)1MLJ203
1. This civil miscellaneous second appeal is filed by the husband against the order of the District Judge, Madurai dismissing the petition for restitution of conjugal rights against his wife. The trial Court allowed the petition for restitution of conjugal rights. But on appeal the lower appellate Court dismissed the petition for restitution of conjugal rights.2. The main ground on which the petition for restitution of conjugal rights is based, is that, in spite of his earnest attempts to bring we wife to his house, the wife, without reasonable cause, refrained from joining him. The defense is that the wife was never properly treated, that she was forced to file a maintenance suit against the husband which resulted in a compromise decree, that, even thereafter, the husband did not take any effort to act according to the compromise decree, and that, as a result of it, she could not join the husband. It has also been stated that the petition for restitution of conjugal rights was filed a...
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