Chennai Court August 1973 Judgments
Madras Motor and General Insurance Co. Ltd. Vs. Jagadeeswari and ors.
Court: Chennai
Decided on: Aug-09-1973
Reported in: AIR1974Mad318
Kailasam, J.1. This appeal is filed by the Madras Motor and General Insurance Co. Ltd., against the order of the Motor Accidents Claims Tribunal, Madras, awarding a sum of Rs. 33,120, being the compensation payable to the respondents due to the death of the husband of the first respondent and father of respondents 2 to 4.2. The first respondent herein is the widow and respondents 2 to 4 are the minor children of the deceased Anandan, a railway employee, who died in a traffic accident on 11-10-1968 at about 10-20 p. m. when he was knocked down and run over by a lorry MYD 2511 belonging to the first respondent before the Claims Tribunal. The owner of the vehicle entered appearance though advocates but filed no counter. The counsel also did not appear at the trial stage to conduct the defence on behalf of the first respondent. The Insurance Company, the appellant herein, filed a counter raising the plea that the accident was solely due to the negligence on the part of the deceased and tha...
Tag this Judgment!Thirumathi Ramayammal and ors. Vs. Thirumathi Mathummal and ors.
Court: Chennai
Decided on: Aug-09-1973
Reported in: AIR1974Mad321
1. Defendants 1, 3 and 4 in O. S. No.72 of 1967 on the file of the District Munsif, Dindigul are the appellants. The first and second plaintiffs in the suit, claiming to be the third wife and daughter respectively of the second defendant, filed the suit for declaration of their title to the suit properties and for a permanent injunction restraining the appellants from interfering with their possession and enjoyment of the same. They claimed title to the suit properties on the basis of a family arrangement said to have been entered into and evidenced by Ex. A.1 dated 25-5-1964, between the second defendant, the then owner of the suit properties, the plaintiffs and the appellants. According to the plaintiffs the suit properties have been given to them absolutely under the family arrangement and that the appellants to whom other properties have been allotted under the said family arrangement have been wrongfully asserting title to the suit properties and interfering with their possession....
Tag this Judgment!Hindustan Steel Limited Vs. the Joint Commercial Tax Officer and ors.
Court: Chennai
Decided on: Aug-09-1973
Reported in: [1974]34STC79(Mad)
ORDERRamaprasada Rao, J.1. In this batch of writ petitions a common question of law arises. It is enough if the facts in one of these writ petitions are noticed. The petitioner is an undertaking and an existing company under the Companies Act of 1956. Its registered office is at Ranchi, Bihar. It has steel plants at Bhilai, Madhja Pradesh, Rourkela in the State of Orissa and Durgapur in the Stale of West Bengal. It has a branch office at No. 150-A/4, Mount Road, Madras-2. The company is a registered dealer under the Central Sales Tax Act in Madras, Madhya Pradesh, Orissa and West Bengal. The petitioner deals in iron and steel sections, bars, sheets, pipes, etc., manufactured at their various steel plants distributed over the States in our country. The Madras office gathers the contracts and the relevant particulars of requirements from various intra-State parties in this State and transmits them to the head office at Calcutta for being dealt with by them according to the exigencies suc...
Tag this Judgment!B. Yegnanarayaniah and Alladi Subramanian Vs. B. Yegnanarayaniah and a ...
Court: Chennai
Decided on: Aug-09-1973
Reported in: (1974)1MLJ155
Venkataraman, J.1. This is an appeal against the Judgment of Ramanujam, J., convicting the appellant, Yegnanarayaniah of contempt and sentencing him to undergo simple imprisonment for six months and a fine of Rs. 2,000.2. The facts are these : One Subbamma created a trust called 'Vavilla Venkateswara Sastrulu Trust' by deed dated 30th June, 1956. She was the sole trustee during her life and she appointed the appellant (her sister's son-in-law) as the sole trustee after her death. The appellant took charge as sole trustee on 12th September, 1958. She left a will in respect of her private properties and appointed the appellant as executor. On the allegation that the appellant did not perform any of the charities mentioned in the trust deed and misappropriated certain amounts, some persons filed a suit, C.S. No. 88 of 1970 seeking the removal of the appellant from the trusteeship. During the pendency of the suit, the appellant and an advocate Sri S.S. Marthandam, were appointed joint rece...
Tag this Judgment!Hindustan Steel Ltd. Vs. the Joint Commercial Tax Officer and ors.
Court: Chennai
Decided on: Aug-09-1973
Reported in: (1974)2MLJ112
ORDERT. Ramaprasada Rao, J.1. In this batch of writ petitions a common question of law arises. It is enough if the facts in one of these writ petitions are noticed. The petitioner is an undertaking and an existing Company under the Companies Act of 1956. Its registered office is at Ranchi, Bihar. It has steel plants at Bhilai, Madhya Pradesh, Rourkela in the State of Orissa and Durgapur in the State of West Bengal. It has a branch office at No. 150-A-/4 Mount Road, Madras-2. The Company is a registered dealer under the Central Sales Tax Act in Madras, Madhya Pradesh, Orissa and West Bengal. The petitioner deals in iron and steel sections, bars, sheets, pipes etc. manufactured at their various steel plants distributed over the States in our country. The Madras office gathers the contracts and the relevant particulars of requirements from various intra--State parties in this State and transmits them to the Head office at Calcutta for being dealt with by them according the exigencies such...
Tag this Judgment!S. Saradha and anr. Vs. the State of Tamil Nadu Represented by the Sec ...
Court: Chennai
Decided on: Aug-09-1973
Reported in: (1974)1MLJ466
ORDERRamaprasada Rao, J.1. W.P. No. 1462 of 1973. -- On 16th January, 1966 the post of Assistant Educational Officer fell vacant consequent upon the promotion of the previous incumbent in office as Educational Officer, Corporation of Madras. The post of Assistant Educational Officer comes under the category of Class II Officers in the establishment. For the first time but long after three months from the date When the post fell vacant a note was put up by the Commissioner, Corporation of Madras, to the Council to select a panel of two names for the purpose and also to indicate the order of preference. It was also suggested that the first candidate would be appointed as Assistant Educational Officer (North) and the second will be appointed in any leave or other vacancy that may arise. The pool from which such officers could be selected consists of Headmasters of the various Corporation Schools and/or B.T. Supervisors. The names of the writ petitioner, 3rd respondent, S. Saradha, writpet...
Tag this Judgment!Commissioner of Income-tax/Wealth-tax, Madras-i Vs. A. R. Sahasranamam ...
Court: Chennai
Decided on: Aug-08-1973
Reported in: [1974]97ITR511(Mad)
RAMANUJAM J., - The following question has been referred to this court at the instance of the revenue :'Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in excluding the income from property from the total income from the income-tax assessment for the assessment year 1962-63 and the value of this property for wealth-tax purposes for the assessment years 1962-63 and 1963-64 and another under the Income-tax Act for the assessment year 1962-63 and 1963-64 respectively?'As is clear from the above question the reference arises out of there order of the Tribunal two under the Wealth-tax Act for the assessment year 1962-63 and 1963-64 and another under the Income-tax Act for the assessment year 1962-63.The assessee was the owner of a house property No. 189-191, Ramnad Road, Madurai. He executed a will on 6th March, 1961. The house property is referred to in that will in the following manner :'As regards the house property bearing No. 189-191, Ramnad ...
Tag this Judgment!The Accountant-general and anr. and T.G. Srinivasan Vs. S. Doraiswamy ...
Court: Chennai
Decided on: Aug-06-1973
Reported in: (1973)2MLJ465
K. Veeraswami, C.J.1. It seems to us that the order of the learned Judge is correct. He struck down the amendment to Rule 143 as illegal. The question in the appeal turns on seniority and that, again, will depend upon the validity of the amendment to Rule 143 of the Manual of Standing Orders. Rule 143 as it stood before the amendment in 1956, read as follows:Subject to the conditions in paragraph 139 and subject also to the right of the appointing authority to make any special promotion in accordance with paragraph 144, Clerks or Divisional Accountants eligible for appointment to the Subordinate Accounts Service shall ordinarily be selected for appointment to the Subordinate Accounts Service in the order of the dates of their passing the examination, but in order to allow for length of service and experience, every three complete years of the excess in length of service (either as a clerk in the Audit-Office or a Divisional Accountant or an Accounts Clerk in a Divisional or Sub-Divisio...
Tag this Judgment!Brahadambal and ors. Vs. Sri Swayambunathaswami Devasthanam Represente ...
Court: Chennai
Decided on: Aug-03-1973
Reported in: (1975)1MLJ161
G. Ramanujam, J.1. All the above cases arise out of the suits filed by the respondent Devasthanam for the recovery of arrears of rent from the various tenants as per the lease deeds executed by them. The Devasthanam succeeded in getting a decree for arrears of rent claimed in the lower appellate Court, which overruled the contention of the tenants that the rent payable should be taken to be the fair rent and not at the contract rate.2. When the above cases were pending in this Court, Madras Act XXI of 1972 came into force on 11th August, 1972. Section 3 of that Act conferred certain benefits on the tenants. It provided that, if a tenant deposits the whole of the current rent within six months from the publication of that Act in the Court, or before the competent authority, he shall be deemed to have paid or deposited all the arrears of rent outstanding on 30th June, 1971. Taking advaitage of the said provision, the tenants in all those cases have deposited the whole of the current rent...
Tag this Judgment!K. Narayanaswami and anr. Vs. P.N. Viswanathan and anr.
Court: Chennai
Decided on: Aug-02-1973
Reported in: 1974CriLJ1524
ORDERK.N. Mudaliyar, J.1. The two petitioners (A.3 and A-4) seek to quash this proceedingprincipally on the ground that the averments found in the complaintdo not make out or constitute the offence under Section 420 I.P.C.against A-3 and Section 109 read with Section 420, 1. P.C. against A.4. In brief outline the complainant's case is that the first accused is the President of Ghetti. kurioh Panchayat and he is also a dealer in Pump sets being the proprietor of Essarkey Agendas at Maunaohanallur. Both A-l and A.2 are close friends.2. A.3 (the first petitioner) was formally the Branch Manager at Tiruchirappalli of the State Bank of Travancore. At the time of the alleged commission of the crime in the instant case he was on leave. A. 4 (the second petitioner) is the present Branch Manager of the State Bank of Travanoore Tiruchi. They live in rent free bank quarters.3. A.1 and A.2 are said to be on terms of intimacy with A.3.4. The complainant is the Branch Manager of the Best and Co. Pri...
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