Chennai Court April 1974 Judgments
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Srinivasa Roadways Vs. Saroja and ors.
Court: Chennai
Decided on: Apr-03-1974
Reported in: (1974)2MLJ364
S. Maharajan, J.1. These appeals and Civil Revision Petitions are directed against the common order of the Motor Accidents Claims Tribunal, Madurai, in M.A.C. O.P. Nos. 75 and 143 to 145 of 1968. On 3rd September, 1967, at about 5-30 P.M. between miles stones 274/4 and 274/5 in Madurai-Dindigul Road, there was a collision between bus MDU 6991 belonging to the Kodaikanal Motor Union (Private) Limited, and lorry MDA 1440 belonging to Srinivasa Roadways Limited. A number of persons were inside the bus as passengers at the time of the collision and ten of the passengers received injuries and one of them, Professor Sundaramoorthy, succumbed to his injuries in the hospital about two weeks after the accident. The scene of the accident is a national highway, the tarred portion of which is 22 feet 4 inches wide. There is a mud portion about 4 feet wide on either side of the road. The total Width of the road at the scene of accident would therefore be about 30 feet 4 inches. The road is wide eno...
Padmanabhan Nair and anr. Vs. Chinnan Nadar and ors.
Court: Chennai
Decided on: Apr-02-1974
Reported in: AIR1974Mad369
Maharajan, J. 1. This appeal is directed against the judgment of Ganesan, J. under the following circumstances. In O. S. No. 176 of 1111 on the file of the court of the Additional District Munsif Kuzhithurai, the first plaintiff obtained a decree for eviction against the respondents, their tenants. This decree was granted on 7th Dhanu 1124(21-12-1948). As per the decree, the landlord (plaintiff) was liable to pay the tenants 280 fs. 1 ch. and 2 ca, on account of the value of improvements effected by them and the tenants were liable to pay the landlord michavaram or rent at the rate of 190 fs. per annum upto the date of recovery of possession or three years from the date of the decree, whichever was earlier. Three years later, the first plaintiff filed E. P. 110 of 1951 after depositing into court 280 fs. 0 ch and 2 ca. In this execution petition he prayed for recovery of possession of the property and also for recovery of the michavaram due by the tenants for three years from the date ...
Prabhakaran and ors. Vs. T.P.S.H. Selva Saroja and ors.
Court: Chennai
Decided on: Apr-02-1974
Reported in: [1978]48CompCas503(Mad)
Sethuraman, J. 1. This is an application for a direction to stay all further proceedings in pursuance to the certificate issued by the Income-tax Officer, Central Circle IX, Madras-600034, under the following circumstances: Company Petition No. 84 of 1969 was filed for relief regarding management of the affairs of the company, T. P. Sokkalal Ram Salt Factory Private Ltd., and for the protection of the interest of the applicant by removing the managing director and placing the management of the company in the hands of an administrator. The said application has already been heard and the matter is pending for judgment. On September 26, 1973, the managing director of the company in which the applicant is a shareholder wrote to him claiming a sum of Rs. 5,56,866.43 as on August 16, 1973, and wanted confirmation of the balance due from the applicant. The applicant replied on October 18, 1973, saying that he did not owe any sum to the company and repudiated the claim. The applicant is a shar...
Mrs. Valerie theresa Persich Vs. Mervyn Aloysius Persich
Court: Chennai
Decided on: Apr-02-1974
Reported in: AIR1975Mad322
1. Petition for judicial separation, custody of children and payment of maintenance to wife and children on the grounds of 'desertion and cruelty'.(1) The averments in the petition by the wife are as follows:She was married to respondent on 26-12-1962 as per Roman Catholic Church rites in the Church of Our Lady of Good Health, Saidapet, as evidenced by the certificate marked Ex- P. 1. After her marriage her life was one of misery and the respondent was deeply in debt having borrowed from number of 'Pathans'. On 30-9-1963 she gave birth to a boy Jeff ray Persich and when she was convalescing after birth of the boy at her parents' house she sprang a surprise visit to her matrimonial home and found dirty glasses and cigarette bits littered all over the place and her sudden appearance surprised the respondent who struck her on the face and back, as a result of which health suffered and she was obliged to extend the maternity leave. On 28-12-1963 there was a quarrel on account of marriage i...
Salem Malai Murasu Vs. Employees State Insurance Corporation Through t ...
Court: Chennai
Decided on: Apr-02-1974
Reported in: (1975)1MLJ242
K.S. Venkataraman, J.1. These two appeals arise out of a common order dated 26th December, 1970 of the Employees' Insurance Court (District Court) Salem in respect of two applications filed under Section 75 (2) of the Employees' State Insurance Act, 1948. One was filed by the Employees' State Insurance Corporation and the other by Salem Malai Murasu. Both substantially raise the same question, viz., whether Salem Malai Murasu (the appellant in these appeals) was liable to pay employees contribution for the period 1st April, 1960 to 30th June, 1964, in respect of the Publishing or Managerial Section. Malai Murasu is engaged in the publication of the Tamil Daily Malai Murasu . It has three departments, (1) Editorial, (2) Printing and (3) Publishing, or Managerial. Its offices are located at No. 6, Tiruchi Main Road, Salem-1 The Insurance Court held that Malai Murasu was liable to pay the contribution demanded and these two appeals have been preferred by Salem Malai Murasu.2. One of the d...
T. P. Sokkalal Ram Sait Factory (P.) Ltd., in Re Prabhakaran and Other ...
Court: Chennai
Decided on: Apr-02-1974
Reported in: [1978]113ITR625(Mad)
SETHURAMAN J. - This is an application for a direction to stay all further proceedings in pursuance of the certificate issued by the Income-tax Officer, Central Circle IX, Madras-600034, under the following circumstances; Company Petition No. 84 of 1969 was filed for relief regarding management of the affairs of the company. T. P. Sokkalal Ram Sait Factory Private Ltd., and for the protection of the interest of the applicant by removing the managing director and placing the management of the company in the hands of an administrator. The said application has already been heard and the matter is pending for judgment. On September 26, 1973, the managing director of the company in which the applicant is a shareholder wrote to him claiming a sum of Rs. 5,56,866.43 as on August 16, 1973, and wanted confirmation of the balance due from the applicant. The applicant relied on October 18, 1973, saying that he did not owe any sum to the company and repudiated the claim. The applicant is a shares ...
Pavadai Padayachi Vs. Pichammal
Court: Chennai
Decided on: Apr-01-1974
Reported in: (1974)2MLJ344
N. S. Ramaswami, J.1. The respondent herein has obtained decrees for arrears of rent in three different suits and those decrees are sought to be executed. The tenant, who is the appellant in the C.M.S.A. and petitioner in the two revision petitions (hereinafter referred as the revision petitioner), filed counter statement contending that he is entitled to the relief under Tamil Nadu Act XXI of 1972. The Court below has held that the revision petitioner is not entitled to the relief, on the ground that, the land cultivated by him being his own, he is not a cultivating tenant. The fact is that the revision petitioner had executed a usufructuary mortgage in respect of the land in favour of the respondent and there is a lease-back arrangement between the parties. It is under that arrangement the revision petitioner has been cultivating the land for a fixed rent. The question is whether there is no relationship of landlord and tenant between the respondent and the revision petitioner. Admit...
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