Chennai Court December 1974 Judgments
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C.K. Krishnan Vs. C.K. Shanmugham and ors.
Court: Chennai
Decided on: Dec-11-1974
Reported in: (1975)2MLJ73
Ramaprasada Rao, J.1. The second defendant is the appellant in this appeal. Kuppanna Gounder had three sons-C.K. Krishnan, the eldest, C.K. Shanmugham, the second and C.K. Kandavel, the third and the youngest. His wife is one Rukkammal. The second son, C.K. Shanmugham, filed the present action impleading his mother Rukkammal as the first defendant, his elder brother C.K. Krishnan as the second defendant and his younger brother C.K. Kandavel as the third defendant, for partition of the joint family properties into four shares and to allot one such share to the plaintiff. He also sought for an account as regards the income from items 3, 4 and 5 of the plaint schedule properties and for a direction as against the second defendant to pay the mesne profits from the date of the suit till delivery of possession. In the schedule to the plaint, he included seven items of properties, the first being the residential house bearing Door No. 21, Rangai Goundar Street, Coimbatore, the second, which w...
Controller of Estate Duty Vs. S.M.M. Subramanian Chettiar
Court: Chennai
Decided on: Dec-10-1974
Reported in: [1975]99ITR400(Mad)
Sethuraman, J. 1. This reference arises out of the estate duty proceedings consequent on the death of one S. M. M. Muthukaruppan Chettiar on October 19, 1961. He was a partner in a firm of money-lenders in Malaya called 'Messrs, S. M. M. Firm'. He made gifts during his lifetime as follows: Date of original giftAmount out of the gifted property included u/s. 10 Name of donee RelationshipDate of deed evidencing thetransaction (1)(2)(3)(4)(5)6-4-1938Malayan Dollars 2,059Valliammal Achi Married daughter7-4-195512-4-19507,405Sornavalli Achido.7-4-195513-4-19543,000S. M. M. Dharma Kanakku (Trust Account)Charity29-3-195510-6-195415,000KrishnanGrandson7-4-1955-do.15,000Ramanathando.do.do.15,000Venkatachalamdo.do.do.15,000Sornathando.do.6-2-193917,587S. M. M. Subramanian ChettiarSon7-4-195510-6-19546,25096,3012. It is not clear as to when the deceased Muthukaruppan Chettiar became a partner in S. M. M. Firm. From the table given above it would be seen that one of the gifts is on April 6, 1938, ...
Ariamuthu and ors. Vs. Latchoumanapoulle
Court: Chennai
Decided on: Dec-10-1974
Reported in: (1976)1MLJ91
S. Maharajan, J.1. This special appeal, which is really in the nature of a second appeal, raises certain questions of law. One Arunachalam Pillai, who was the original owner of the suit property (situate in Karaikkal), had four sons (1) Thirumeni (Fourth defendant and father of defendants 1 to 3), (2) Subramanya (father of the plaintiff), (3) Amirthalingam (fifth defendant) and (4) Shanmugam (sixth defendant) and two daughters (1) Meenakshi and (2) Punithavalli (ninth defendants) whose daughter is Damayanthi, the eighth defendant. On 18th May, 1936 Arunachala gave away his second son Subramanya in adoption to one Lakshmana Pillai of Devakkottai. About three weeks before the date of the adoption Arunachala, the natural father, executed a gift under a notarial deed dated 27th April, 1936. Under this deed, Subramanya the donee was to enjoy the usufruct of the suit property for his life and the 'nue propriete' (which approximates to a vested remainder in Indian law) was to go to the sons t...
V.R. Ramakrishnan, Sri Ramakrishna Bus Service and ors. Vs. the State ...
Court: Chennai
Decided on: Dec-10-1974
Reported in: (1976)1MLJ422
ORDERG. Ramanujam, J.1. As the questions involved in all the writ petitions are the same, they are dealt with together. The facts in all the cases are substantially the same. Hence it is enough to set out the facts in the first of these cases, namely W.P. No. 3558 of 1974.2. The petitioner in W.P. No. 3558 of 1974 is operating a stage carriage on the route Madras (Broadway) to Kancheepuram since the year 1952. A draft scheme of nationalisation was proposed by the Tamil Nadu State Transport Department in regard to this route on 22nd April, 1968. The said draft scheme has been approved by the State of Tamil Nadu under Section 68-D of the Motor Vehicles Act, 1939, hereinafter referred to as the Act, and published in the Tamil Nadu Gazette dated 2nd July, 1974. As a result of the publication, the said scheme has become an approved scheme under Section 68-D(3) of the Act.3. The petitioner had earlier impugned the validity o f the proceedings initiated under Chapter IV-A of the Act by way of...
P. Thirumalai Vs. M.P. Kottamalai Ammal
Court: Chennai
Decided on: Dec-05-1974
Reported in: (1975)2MLJ108
ORDERV. Ramaswami, J.1. These two petitions have been filed for review of a judgment of this Court in S. A. Nos. 790 and 1247 of 1971 on the ground that the value of the subject-matter of the appeals is Rs. 20,000 and upwards and, therefore, ought to have been heard and decided by a Division Bench and could not have been dealt with by a Single Judge. The Office raised an objection as to the maintainability of these petitions on the ground that the values of the subject-matter of the appeals, as given in the trial Court, the lower appellate Court and in the second appeals, were for less than Rs. 20,000 and that it was not open now to question the said valuations. The facts relevant for deciding the question may now be briefly stated. The petitioner in these petitions filed O. S. No. 1517 of 1966 for a declaration that he is the owner of the suit property which is an extent of 6 grounds and 355 sq. fit comprised in R. S. No. 174 of Nungambakkam village within the sub-registration distric...
Union of India (Uoi) and anr. Vs. Khandelwal Bros. (P) Ltd. and anr.
Court: Chennai
Decided on: Dec-03-1974
Reported in: AIR1975Mad389
1. This appeal has been filed against the award dated 25-8-89 passed by the Motor Accident Claims Tribunal, Kamrup, Guwahati in MAC Case No. 10(K)/ 84. By the impugned award the learned Tribunal awarded an amount of Rs. 85,000/-with interest @ 10% per annum from the date of filing of the claim case on 28-1-84. Out of that amount only 15,000/- towards no fault liability and Rs. 25,000/- was paid at the time of filing of the appeal and Rs. 10,000/- was paid later on. Thus, in all Rs. 50,000/- has already been paid.2. Two points were taken up before the Tribunal, (i) that the vehicle in question was not involved in the accident, (ii) That there is no documentary evidence to establish the income of the deceased Subal Debnath.3. The brief facts are as follows:The accident in question occurred on 31-7-1983 at about 7.45 p.m. at Kalapahar Opposite to New Chemical Factory and in this accident a truck was involved. In this connection PW-2 Dr. Malay Kanti Chakravarty was examined. He deposed as ...
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