Chennai Court March 1974 Judgments
Madras Motor and General Insurance Co. Ltd., Madras Vs. G. Murthi
Court: Chennai
Decided on: Mar-29-1974
Reported in: AIR1975Mad21
Maharajan, J. 1. These two appeals are directed against the order of the Motor Accidents Claims Tribunal. Madras, awarding a sum of Rs. 6,000 by way of compensation for the injuries suffered by one G. Murthi in a traffic accident. On 7-12-1970 at about 8-50 p.m. as Murthi was cycling along the Mount Road in the northerly direction, he was knocked down by a private bus MDY 4954 belonging to Kuppuswami Mudaliar, the first respondent, and insured with the second respondent, Madras Motors and General Insurance Co. Ltd. The bus was being driven in the oppoiste direction by R.W. 1, Madanagopalaraju. Ex. P-3, the rough sketch drawn immediately after the accident by the police shows that the Mount Road is 60 ft. broad at the scene of the accident and that the impact between the bus and the cycle took place 5 ft. to the west of the middle line of the road. According to R.W. 1, while overtaking a stationary bus on the eastern side of the Mount Road, the accident must have happened. The evidence ...
Tag this Judgment!K.P. Chidambara Mudaliar Vs. V.S. Rukmani Ammal
Court: Chennai
Decided on: Mar-29-1974
Reported in: AIR1975Mad246
Maharajan, J.1. This is an appeal against the judgment of the District Judge of North Arcot. confirming in appeal., the order of the principal Subordinate Judge, Vellore. holding that the execution petition filed by the respondent was not barred by time. One Govinda Ammal, who was the wife of the appellant, Chidambara Mudaliar, obtained a decree for maintenance against her husband in O. S. No. 133 of 1948 on the file of the Sub-Court. Vellore. Under the decree the husband was liable to pav the wife, for the term of her life, maintenance at the rate of Rs. 150 per mensem from 9-9-1948. The maintenance decree itself was granted on 13-7-1949. On 4-10-1960 the decree was amended by providing for gale of the charged properties in case the judgment-debtor defaulted to pay. The decreeholder died on 27-9-1961. Rukmani Ammal, who was the daughter and heir of Govinda Ammal, the decreeholder, filed E. A. 196 of 1963 On 20-3-1963. for recognising her as legal representative of her deceased mother ...
Tag this Judgment!Madras Motor and General Insurance Company Limited Vs. G. Murthi and a ...
Court: Chennai
Decided on: Mar-29-1974
Reported in: (1974)2MLJ283
S. Maharajan, J.1. These two appeals are directed against the order of the Motor Accident Claims Tribunal, Madras, awarding a sum of Rs. 6,000 by way of compensation for the injuries suffered by one G. Murthy in a traffic accident. On 7th December, 1970 at about 8-50 P.M. as Murthy was cycling along the Mount Road in the northerly direction, he was knocked down by a private bus MDY 4954 belonging to Kuppuswamy Mudaliar, the first respondent, and insured with the second respondent, Madras Motors and General Insurance Company Limited. The bus was being driven in the opposite direction by R.W. 1, Madanagopalaraju. Exhibit P-3 the rough sketch drawn immediately after the accident by the Police shows that the Mount Road is 60 ft. broad at the scene of the accident and that the impact between the bus and the cycle took place 5 ft. to the west of the middle line of the road. According to R.W. 1, while overtaking a stationary bus on the eastern side of the Mount Road, the accident must have ha...
Tag this Judgment!K. P. Chidambara Mudaliar Vs. V. S. Rukmani Ammal
Court: Chennai
Decided on: Mar-29-1974
Reported in: (1974)2MLJ402
S. Maharajan, J.1. This is an appeal against the judgment of the District Judge of North Arcot confirming in appeal, the order of the Principal Subordinate Judge, Vellore holding that the execution petition filed by the respondent was not barred by time. One Govinda Ammal, who was the wife of the appellant Chidambara Mudaliar, obtained a decree for maintenance against her husband in O. S. No. 133 of 1948 on the file of the Sub-Court, Vellore. Under the decree the husband was liable to pay the wife, for the term of her life, maintenance at the rate of Rs. 150 per mensem from 9th September, 1948. The maintenance decree itself was granted on 13th July, 1949. On 4th October, 1960 the decree was amended by providing for sale of the charged properties in case the judgment-debtor defaulted to pay. The decree-holder died on 27th September, 1961. Rukmani Ammal, who was the daughter and heir of Govinda Ammal, the decree-holder, filed E.A. No. 196 of 1963 on 20th March, 1963, for recognising her ...
Tag this Judgment!Area Committee, Hindu Religious and Charitable Endowments (Administrat ...
Court: Chennai
Decided on: Mar-27-1974
Reported in: AIR1975Mad6
K. Veeraswami, C.J. 1. The Court of the Subordinate Judge of Thanjavur at Mayuram, in O. S. 14 of 1919, settled a scheme for management of Sri Viswanathaswami temple at Devanaoor village. A Board of Trustees was constituted under this scheme which inter alia provided that, if any vacancy occurred by death or resignation or removal, it should be filled up by the majority of the resident villagers of Devanoor. In 1961, three persons were elected by the residents, of whom one Veeramuthu Padayachi was the managing trustee. He died in February, 1961, and it was said that, on 5-3-1961 the first respondent was elected in that vacancy. The other two trustees relinquished office due to old age and the Assistant Commissioner, Hindu Religious and Charitable Endowments appointed respondents 2 to 5 as trustees of the temple. Alagiriswami, J. quashed this order. The learned Judge took the view that, so long as the scheme stood unamended, the Assistant Commissioner had no power to appoint any trustee...
Tag this Judgment!Pachiammal Vs. Veerappa thevar and ors.
Court: Chennai
Decided on: Mar-27-1974
Reported in: AIR1975Mad131; (1975)1MLJ39
1. The third defendant in O. S. No. 33 of 1965, who is also the second defendant in O. S. No. 195 of 1963 on the file of the Court of the District Munsif of Coimbatore, is the appellant in these two letters patent appeals. The interesting question that arises in these appeals is whether to a case of succession to the estate of a Hindu male, who held the property as the last male-holder, the Hindu Law of Inheritance (Amendment) Act, 1929. Act 2 of 1929, is applicable or not.2. The short facts that are necessary for disposal of the appeals may be stated. One A. Kandaswami Gounder died in 1912, leaving behind him, his widow RanSammal, two sons. K. Arunachala and K. Kandaswami and three daughters Angammal, Palaniammal, and Pachiammal. Kandaswami's son K. Arunachala died issueless in 1938. After a few months K. Kandaswami also died issueless. After K. Kandaswami's death, Rangammal the mother, was in enjoyment of the joint family properties. The said Rangammal died in 1953. Thereafter, Angam...
Tag this Judgment!Lakshmi Ammal Vs. Meenakshi Ammal and ors.
Court: Chennai
Decided on: Mar-25-1974
Reported in: AIR1974Mad294
V. Ramaswami, J. 1. One Panju Sastrigal of Pavattakudi village, Nannilam taluk, had two sons by name Ramaswami and Sambamoorthy, the first plaintiff herein, Sambamoorthy was adopted by one Ananthanarayana Iyer in or about the year 1890. Subsequent to the adoption, Sambamoorthy was married to one Ponnammal. Sambamoorthy had a son Halasyam and daughter Laxmi, the second plaintiff in the suit. Halasyam died on 3-7-1961 and the first defendant is his widow. Defendants 2 to 5 in the suit are the tenants in possession of the suit properties. Pending the suit the first plaintiff Sambamoorthy died on 13-7-1962 and his daughter, the second plaintiff was brought on record as his legal representative.2. The plaint A schedule properties are pannai lands of an extent of 5 acres 24-1/3 cents. Schedules B to B-3 are lands under tenancy with defendants 2 to 5 and measure an extent of 7 acres 58-2/3 cents. The B schedule are two houses in Pavattakudi village and the C schedule relates to moveables and ...
Tag this Judgment!Meghraj Vs. Jesraj Kasturjee and anr.
Court: Chennai
Decided on: Mar-22-1974
Reported in: AIR1975Mad137
ORDERRamaprasada Rao, J. 1. An application under Order 9, Rule 9, C. P. C. was filed by the defendant in O. S. No. 330 of 1966 on the file of the City Civil Court, Madras, to set aside the ex parte decree passed in that suit on 29-10-1968 and to restore the suit on the file for being disposed of in accordance with law. This application was filed on 29-11-1998. When it came up for hearing before the II Assistant Judge. City Civil Court, Madras, the learned Judge after hearing both sides, accepted the contention of the respondent that the petition was barred by limitation and in view of the fact that no petition for excusing the delay under Section 5 of the Limitation Act was filed along with the petition to set aside the ex parte decree, he dismissed the application. C. M. A. 19 of 1970 was preferred to the Principal Judge, City Civil Court, Madras. The learned appellate Judge noted that there was a day's delay in the presentation of the application. But he was in accord with the learne...
Tag this Judgment!B. Narayanan Chettiar Vs. S. Alagar thevar
Court: Chennai
Decided on: Mar-22-1974
Reported in: (1974)2MLJ386
ORDERS. Maharajan, J.1. This appeal is directed against the order of the First Additional Subordinate Judge, Madurai dismissing the appellant's appeal against the order of the Principal District Munsif, Madurai Town in Execution Petition No. 72 of 1971 in Original Petition No. 92 of 1964. In O.S. No. 481 of 1964 on the file of the Court of the District Munsif, Madurai Town, the appellant sued for ejectment of the respondent, his tenant. The tenant filed O.P. No. 92 of 1964 under Section 9 of the Madras City Tenants' Protection Act, which despite contest, was allowed.... Both the parties preferred appeals to the District Court, Madurai, which in modification of the order passed by the District Munsif, directed the tenant to pay the landlord a sum of Rs. 5006-25 towards compensation for the property in question within three months from the date of that order. The appellate Court further directed that on the amount being paid or deposited into Court, O.P. No. 92 of 1964 shall stand allowe...
Tag this Judgment!Mount Mettur Pharmaceuticals Ltd. Vs. Ortha Pharmaceuticals Corporatio ...
Court: Chennai
Decided on: Mar-21-1974
Reported in: AIR1975Mad74
Maharajan, J.1. This Letters Patent Appeal is directed against the judgment of Ganesan, J. in C. M. A. 278 of 1966 and arises under the following circumstances. The appellant which is the Mount Mettur Pharmaceuticals Ltd., applied to the Assistant Registrar of Trade Marks. Madras, for the registration of its trade mark 'Utogynol' in Part A of the Register in clause 5 in respect of goods which are designated as 'medicinal preparations'. This application was opposed by the respondent, Ortho Pharmaceuticals Corporation, who had registered its trade mark 'Ortho-Gynol' in India in May 1S43, in respect of the same type of goods, viz., medicinal preparations. The main ground of the opposition was that the appellant's trade mark so nearly resembles the respondent's that it is likely to cause confusion and deception within the meaning of Section 12(1) of the Trade and Merchandise Marks Act, 1958. The Assistant Registrar upheld the respondent's objection and refused to register the appellant's t...
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