Chennai Court January 1973 Judgments
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The South Arcot District Co-operative Supply and Marketing Society Ltd ...
Court: Chennai
Decided on: Jan-10-1973
Reported in: AIR1974Mad113
1. The only question that arises in this appeal is whether the Civil Court can execute a decree obtained by a co-operative Society. Before the trial of the suit, the dispute was taken up to this Court by the respondent herein in a Writ Petition questioning the competency of the Registrar of Co-operative Societies to adjudicate a dispute on the ground that he was not a member of the Co-operative Society. This Court allowed the Writ Petition holding that as the respondent was not a member of the Co-operative Society the Deputy Registrar of Co-operative Societies had no jurisdiction to proceed with disposing of that dispute. Subsequently the Co-operative Society filed a suit which resulted in a decree. Subsequently the Co-operative Society filed an execution petition. The defence raised by the respondent is that the decree cannot be executed in a civil court but only before the Registrar of Co-operative Societies under Section 91 of the Tamil Nadu Co-operative Societies Act (Act 53 of 196...
Ve. A. Vairavan Chettiar Vs. Commissioner of Income-tax
Court: Chennai
Decided on: Jan-08-1973
Reported in: [1973]92ITR474(Mad)
Ramanujam, J.1. One Annamalai Chettiar and his son, Vairavan Chettiar, constituted a Hindu undivided family. There was a partition of the joint family properties on March 11, 1940. This was confirmed by deed of partition dated March 10, 1945. In the partition, a sum of Rs. 1,62,979 and a bungalow at Singapore were set apart for meeting the marriage and seermurai expenses of the female members of the family.These assets and the income therefrom were credited to an account called 'Oor Pothuchelavu Fund Account'. Originally, Annamalai Chettiar, the father, was in charge of the said fund. But, after his death, his son, Vairavan Chettiar, became the trustee of the fund. For the assessment years 1959-60, 1960-61 and 1961-62, the income from the said trust fund in the hands of Vairavan Chettiar was assessed, taking the status as an association of persons, at the ordinary rate of tax. Later, while making the assessment for the subsequent years, the Income-tax Officer became aware of the fact t...
K. Karunanidhi and ors. Vs. R. Renganathan Chettiar
Court: Chennai
Decided on: Jan-05-1973
Reported in: AIR1973Mad443; (1973)1MLJ435
ORDER1. The defendants are the petitioners in the above civil revision petition. O. S. No. 76 of 1971 was filed on the file of the Court of the Subordinate Judge, Nagapattinam, by the respondent-plaintiff for granting decree for permanent injunction restraining the petitioners herein and their men and servants from installing and running a new mill in his adjacent western house in T. S. No. 878/1 in the north as indicated in the plaint plan and further carrying on their proposed mill business in the suit place alleging that if the said mill is run apart from nuisance to the respondent herein, it will affect the walls belonging to the respondent. In that suit the respondent herein filed I. A. No. 454 of 1971 for a temporary injunction restraining the petitioners herein and their men and servants from installing and running a new mill with machinery in the suit site as indicated in the plaint plan pending disposal of the suit inter alia alleging that if the powerful motor is run by the p...
Muhamed HussaIn Mohideen Madani Vs. Muhammed ImmamudhIn Sahib and ors.
Court: Chennai
Decided on: Jan-05-1973
Reported in: AIR1974Mad73
1. The third defendant in O.S. 250 of 1960 on the file of the Court of the District Munsif, Dharapuram who succeeded before the trial Court, but lost before the first appellate Court is the appellant herein. The first respondent herein instituted the suit for partition and separate possession of his share in the suit house with further damages at the rate of Rs. 2 per month. The suit came to be instituted in the following circumstances. Admittedly the suit property originally belonged to the husband of the second defendant, whose son is the first defendant. On the death of the original owners of the property, the first defendant as the son and the second defendant as the widow succeeded to the property. The first respondent herein had obtained a decree against the first defendant in S.C. No 424 of 1951 on the file of the Court of the District Munsif, Dharapuram and in execution of that decree brought the suit property to sale and purchased it as evidenced by the sale certificate Ex. A-...
Manilingam Vs. Jayaram Gounder
Court: Chennai
Decided on: Jan-05-1973
Reported in: 1973CriLJ1438
ORDERK.N. Mudaliyar, J.1. I am bound by the practice prevailing in this Court, which is embodied in the judgment of Krishnaswamy Reddy, J, in Cri. R. C. No. 516 of 1967 (In Re Kottimo. alias Mohammed Unne), wherein it is stated that the accused must surrender to undergo the sentence imposed on him by this Court before any application can be entertained. In my view, S. C. Cri. M. P. No. 2 of 1973 is incompetent in law. Therefore S. C. Cri. M. P. No. 2 of 1973 is dismissed....
Muhamed HussaIn Moideen Madan Vs. Mohammed ImmamuddIn Sahib Madani (Di ...
Court: Chennai
Decided on: Jan-05-1973
Reported in: (1973)2MLJ298
M.M. Ismail, J.1. The third defendant in O.S. No. 250 of 1960 on the file of the Court of the District Munsif of Dharapuram, who succeeded before the trial Court, but lost before the first appellate Court is the appellant herein. The first respondent herein instituted the suit for partition and separate possession of his share in the suit house with future damages at the rate of Rs. 2 per month. The suit came to be instituted in the following circumstances. Admittedly the suit property originally belonged to the husband of the second defendant, whose son is the first defendant. On the death of the original owner of the property, the first defendant as the son and the second defendant as the widow succeeded to the property. The first respondent herein had obtained a decree against the first defendant in S.C. No. 424 of 1951, on the file of the Court of the District Munsif of Dharapuram, and in execution of that decree brought the suit property to sale and purchased it as evidenced by th...
Manilingan Vs. Jayarama Gounder
Court: Chennai
Decided on: Jan-05-1973
Reported in: (1974)2MLJ107
ORDERK.N. Mudaliyar, J.1. I am bound by the practice prevailing in this Court, which is embodied in the judgment of Krishnaswamy, Reddy, J., in (In re, Kittimo alias Mokmmed Unni Grl. R. C. No. 516 of 1967), wherein it is stated that the accused must surrender to undergo the sentence imposed on him by this Court before any application can be entertained. In my view, S.C.Crl.M.P. No. 2 of 1973 is incompetent in law. Therefore, S.C. Crl. M.P. No. 2 of 1973 is dismissed....
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