Chennai Court November 1974 Judgments
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Khivraj Chordia and ors. Vs. Esso Standard Eastern Inc.
Court: Chennai
Decided on: Nov-29-1974
Reported in: AIR1975Mad374; (1975)2MLJ65
Ramaprasada Rao, J. 1. The plaintiffs in O. S. No. 2434 of 1969 and the defendants in O, S. No. 98 of 3970 on the file of the City Civil Court, Madras, are the appellants in both the appeals. The appellants shall be hereinafter referred to as Khivraj Chordia. The respondents in both the appeals are Esso Standard Eastern Inc. hereinafter referred to as Esso. They were the defendants in O. S. 2484 of 1969 and the plaintiffs in O. S. 98 of 1970, Khivraj filed a suit for recovery of vacant possession of the suit site from Esso on the foot that the period of lease granted to them under Ex. A. 1, dated 16-1-1959, has expired by efflux of time and that Esso was no longer entitled either under law or by contract to remain in possession of the suit site in the absence of a renewal of the lease as contemplated therein. The prior correspondence between the parties such as Exs. A.2 to A.7, discloses the mind of Khivraj Chordia to obtain vacant possession of the site, which Esso resisted on the gro...
P. Somasundaram Vs. K. Rajammal
Court: Chennai
Decided on: Nov-29-1974
Reported in: (1976)2MLJ444
S. Ratnavel Pandian, J.1. This appeal is preferred in forma pauperis by the unsuccessful plaintiff in O.S. No. 187 of 1966 on the file of the Court of the Subordinate Judge, Madurai. The said suit was filed by him in forma pauperis for possession with past and future mesne profits.2. This litigation arose out of a will executed by one Velammal under Exhibit B-34, dated 23rd February, 1949, in favour of the respondents-defendant. The plaintiff in the suit questions the right and title of the testatrix to the suit properties. The relationship of the parties and their position can be appreciated from the following genealogical tree: Diraviyam Chettiar | ___________________________________________________ | | | Arunachalam Annamalai Seeni | Chettiar Chettiar | (no issues) Piramu Ammal |__________________ | | | Palvannan Subramaniam Chockalingam Chettiar Chettiar (son) (died)- | (no issue) Chellammal | | P. Somasundaram Velammal (plff.)The suit properties originally belonged to one Seeni ...
Assistant Controller of Estate Duty Vs. R. Sarangapani Chettiar
Court: Chennai
Decided on: Nov-27-1974
Reported in: [1976]105ITR351(Mad)
V. Ramaswami, J.1. This is an appeal against the judgment of our learned brother in Writ Petition No. 516 of 1966 (S. Sarangapani Chettiar v. Assistant Controller of Estate Duty : [1972]85ITR59(Mad) ). The said petition was filed by the respondent herein for the issue of a writ of certiorari to quash the proceedings of the appellant herein in R. No. 143 C. No. 6566 dated December 31, 1965. The facts leading to the filing of the writ petition were these: 2. One Gopalasami Chettiar died on September 19, 1908, leaving a will dated September 8, 1908. Under the will, he bequeathed a life estate in favour of his wife, Seshammal, with reference to his properties. After the death of Seshammal, Ramathilakam, the daughter of the testator, was to enjoy the properties for her life. The will proceeded further to state that on the death of Ramathilakam, the estate was to devolve on her putra ponthrathi santhathi, and in default of such heirs, to her female descendants and in default of such heirs al...
Eranthankandy Ponathil Sankaran Vs. Chirukandoth Mundayodan Narayani A ...
Court: Chennai
Decided on: Nov-27-1974
Reported in: (1975)2MLJ131
S. Maharajan, J.1. The defendant has preferred this second appeal attacking the judgment of the third Additional District Judge, Pondicherry, in A.S. No. 97 of 1971, whereby he allowed the plaintiff's appeal against the judgment of the District Munsif of Mahe, who dismissed the suit filed by the plaintiffs for recovery of possession of the suit house from the defendant as well as for arrears of rent due by him as tenant. According to the plaintiffs, the suit house and the paramba on which it stands belong to the plaintiffs on kanam--kuzhikanam right, and the house was let out to the defendant on a monthly rent of Rs. 3 under a registered lease deed, dated 7th April, 1955. Subsequently, under an oral agreement dated 7th April, 1957, the lease was renewed for a further period of six months on a monthly rent of Rs. 4. After the expiry of the lease, the defendant was holding over without paying arrears of rent since 7th May, 1968. When the plaintiffs called upon the defendant to vacate the...
Nathan Vs. Vaithinathan and ors.
Court: Chennai
Decided on: Nov-26-1974
Reported in: 1975CriLJ994
ORDERVaradarajan, J.1. The petitioner herein filed a private complaint on 22-9-1974 in the Court of the Judicial Second Class Magistrate, Vridhachalam against the respondents for offences punishable under Sections 147, 148, 447, 324 and 307 read with. Section 149 of the Indian Penal Code, alleging that the nine respondents committed the various offences during the-luncheon interval on 5-9-1974 in the premises of the petitioner. There is an allegation in the complaint that at 2 p.m. on the same day a complaint was given, to the police and that no action was taken. It is stated that the petitioner himself had been arrested on 5-9-1974 when he went to the police station, evidently on the complaint given to the police by some or all* of the respondents, and was released on bail only on 18-9-1974. Subsequently, he presented a private complaint on 22-9-1974 as stated!!. above. The learned Judicial Second Class-Magistrate forwarded the complaint to Vridhachalam police for investigation and re...
J. Harigopal Agarwal and anr. Vs. the State Bank of India, Ambattur In ...
Court: Chennai
Decided on: Nov-26-1974
Reported in: (1976)1MLJ250
K. Veeraswami, C.J.1. This appeal against a decree of N.S. Ramaswami, J., is brought by defendants 3 and 4. The first respondent-plaintiff, the State Bank of India, allowed the first defendant, a private limited company, to draw from it on three accounts, at its Pondicherry Brand, Lock and Key Credit account, Cash Credit Factory account and Overdraft against bills account. As on 15th September, 1964, the debts on these accounts respectively were Rs. 26,992-94, Rs. 30,160.00 and Rs. 61,707.89. On that date, the appellants became Directors of the Company and executed fresh documents to continue the accounts. On 9th December, 1964 the three accounts were transferred to Madras as NO. 1 account, as the Company's headquarters had been shifted to Ambattur by then. It appears that, on 18th August, 1965 there was due a sum of Rs. 2,36,762.On that date a new agreement, was executed for Mandy type of account and defendants 2 to 4 executed a guarantee for two lakhs of rupees. On 12th August, 1966 ...
South India Shipping Corporation Ltd. Vs. Income-tax Officer
Court: Chennai
Decided on: Nov-22-1974
Reported in: [1976]46CompCas250(Mad); [1976]103ITR1(Mad)
V. Ramanujam, J. 1. As the scope and ambit of Section 80K of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), arises in all the above petitions filed by the same assessee, it is convenient to dispose them of together by a common judgment. As the facts are practically the same in all the petitions, it is sufficient to narrate the facts in W.P. No. 1636 of 1971. 2. The South India Shipping Corporation Ltd., the petitioner in all the writ petitions, is a public limited company, hereinafter referred to as the company, which commenced its business on July 20, 1964. It placed orders for and obtained delivery of five similar dry cargo bulk carriers between November, 1965, and December, 1966, all of which, since the respective dates of purchases, are engaged in the international tramping trade currying bulk dry cargoes from and to the various ports of the world. 3. In the course of the assessment proceedings the Income-tax Officer had granted, inter alia, allowances like deprec...
In Re: Kanwarlal
Court: Chennai
Decided on: Nov-22-1974
Reported in: 1976CriLJ603
Krishnaswamy Reddy, J.1. The appellant Kanwarlal was convicted under Para 15 of the Drugs (Prices Control) Order, 1970 read with Section 7 (1) (a) (ii) of the Essential Commodities Act, and sentenced to imprisonment till the rising of court and to pay a fine of Rs. 500/. by the Second Presidency Magistrate, Madras.2. The prosecution case is this: P.W. 1, Rajagopal, the Drugs Inspector visited M/s, Gawarlal & Co., at No. 3, Raghunayakalu Street, Madras of which the appellant was the proprietor on 29-4-1972, M/s. Gawarlal & Co., was dealing in drugs. P.W. 1. during his inspection, noticed from the sale register that the appellant had sold B, P. Batch No.-NR 37 at a higher price than the maximum retail price fixed by the manufacturer &s; per the provisions of Drugs (Prices Control) Order. P.W. 1 issued a show cause notice to the appellant under the original of ExL.P-1 on. 14-7-1973. The appellant sent a reply Ex. P-2 on 24/7/1072 stating that the manufacturer had not mentioned the retail ...
R. Dharmarajan Vs. Nagalinga Kandiar and anr.
Court: Chennai
Decided on: Nov-22-1974
Reported in: (1975)2MLJ34
ORDERN.S. Ramaswami, J.1. The question in this civil miscellaneous appeal is whether Section 23-C of Act IV of 1938 hereinafter referred to as the Act is applicable to ' an execution sale which took place after the commencement of the Tamil Nadu Agriculturists Relief (Amendment) Act 1972 herein after referred to as Act VIII of 1973. The money decree was passed on 27th October, 1971. In pursuance of the decree execution was taken and the property was sold on 19th September, 1973. It had been confirmed on 31st October, 1973. The application for setting aside the sale purporting to be under Section 23-G of the Act was filed on 21st January, 1974. The executing Court has dismissed the application holding that the said provision does not apply to a sale which took place after the publication of Act VIII of 1973. The said Act namely Act VIII of 1973, had been published in the Tamil Nadu Government Gazette on 24th January, 1973. Therefore the Court sale itself was very much subsequent to the ...
Correspondent, Madathupatti Gopal Naicker College Vs. Madurai Universi ...
Court: Chennai
Decided on: Nov-21-1974
Reported in: (1975)1MLJ323
K. Veeraswami, C.J.1. The appeal arises nut of an order in a petition under Article 226 of the Constitution to quash the resolution of the Syndicate of the Madurai University dated 16th February, 1974, that the appellant college be recommended to the Academic Council and Senate for disaffiliation with effect from the academic year 1974-75. The Syndicate further resolved to inform the college authorities not to admit any student in any of the courses in the college during that academic year. The petition was dismissed by N.S. Ramaswami J. The matter had its genesis in a complaint sent by some of the teachers of the college to the Director of Collegiate Education, which in substance was two fold : (1) the College, had been permanently closed; and (2) while the teachers were paid their salary by cheques, they were asked to pay back to the Correspondent a part of the salary alter cashing the cheques. This complaint was dated 1st October 1973. The Director of Collegiate Education forwarded ...
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