Chennai Court March 1975 Judgments
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R. Krishnaswami Reddiar, Etc., Etc. Vs. Labour Court and anr., Etc., E ...
Court: Chennai
Decided on: Mar-12-1975
Reported in: (1976)IILLJ218Mad
K. Veeraswami, C.J.1. The scope and effect of Section 15 of the Payment of Wages Act, 1936 and of Section 33C(2) of the Industrial Disputes Act, 1947, arises the determination in these cases, except in one, where the point is whether the question of status or classification of an employee will also be within the ambit of Section 33C(2). The respondents, who are all transport workers governed by the provisions of the Motor Transport Workers Act, 1961, applied to the Presiding Officer, Labour Court, Madurai, under Section 33C(2) of the Industrial Disputes Act for computation in terms of money certain benefits and allowances they claim to be entitled to under the Motor Transport Workers Act. They claimed these allowances and benefits as having been in arrears by the employers over a number of years. A preliminary question was raised before the Presiding Officer, Labour Court, by the employers that he had no jurisdiction under that section to compute in terms of money the benefits and allo...
Dugar and Co. Vs. the State of Tamil Nadu, Represented by the Joint Co ...
Court: Chennai
Decided on: Mar-12-1975
Reported in: (1976)1MLJ78
V. Ramaswami, J.1. In respect of the assessment year 1961-62, originally the petitioners were assessed on a turnover of Rs. 25,200 and a penalty of Rs. 2,646 was levied under Section 12(3) of the Madras General Sales Tax Act, 1959. On an appeal preferred by the petitioners, the Appellate Assistant Commissioner remanded the case for a fresh disposal. After remand, the assessing officer held that, except in respect of three transactions the petitioners had proved that the other transactions were not liable to sales tax. The three transactions which were disputed were held to be sales by the petitioners. Since they have not proved that they were second or subsequent sales, they were held to be liable for tax. The turnover of these items was determined at Rs. 8,500 and assessed at 7%. The assessing officer also levied a penalty of Rs. 892-50. This order was confirmed by the Appellate Assistant Commissioner and the Tribunal.2. The contention of the petitioners before us and before the autho...
R. Krishnaswami Reddiar, Chidambara Vilas Motor Service Vs. the Presid ...
Court: Chennai
Decided on: Mar-12-1975
Reported in: (1976)2MLJ1
K. Veeraswami, C.J.1. The scope and effect of Section 15 of the Payment of Wages Act, 1936 and of Section 33-C(2) of the Industrial Disputes Act, 1947, arises for determination in these cases, except in one, where the point is whether the question of status or classification of an employee will also be within the ambit of Section 33-C(2). The respondents, who are all transport workers governed by the provisions cf the Motor Transport Workers Act, 1961, applied to the Presiding Officer, Labour Court, Madurai, under Section 33-G(2) of the Industrial Disputes Act for computation in terms of money certain benefits and allowances they claimed to be entitled to under the Motor Transport Workers Act. They claimed these allowances and benefits as having been in arrears by the employers over a number of years. A preliminary question was raised before the Presiding Officer, Labour Court, by the employers that he had no jurisdiction under that Section to compute in terms of money the benefits and...
The Official Assignee Vs. S. Padmalakshmi
Court: Chennai
Decided on: Mar-12-1975
Reported in: (1975)2MLJ86
S. Mohan, J.1. This is an application for declaring the payment of Rs. 38,692-62 by the insolvents to the respondent, made on 17th July, 1972, fraudulent and void against the Official Assignee.2. In this report dated nth November, 1974, the Official Assignee has stated as follows:The insolvents (S. A. Manicka Mudaliar and M. Arunachalam), who were carrying on business in groundnut, were adjudicated on their own petition and the order of adjudication is dated 28th July, 1972. The insolvents filed a schedule of affairs. On an investigation into the accounts, it was found that the insolvents had, within three months prior to the date of filing the petition for adjudication, preferred the respondent and paid the debt due to her, viz., Rs. 38,692-62 on 17th July, 1972, within 10 days prior to the filing of the petition for adjudication. These payments were made in discharge of the following borrowings of the insolvents from the respondent:10-1-1969 Rs. 10,000 8-2-1969 Rs. 5,0003-3-1969 Rs. ...
Century Flour Mills Ltd. Vs. S. Suppiah and ors.
Court: Chennai
Decided on: Mar-11-1975
Reported in: AIR1975Mad270; [1975]45CompCas444(Mad)
1. An extraordinary general body meeting of the shareholders of the Century Flour Mills Ltd., Madras, was fixed for 14-9-1974. The appellants in the Original Side Appeal applied under Section 186 of the Companies Act for naming an Advocate-Chairman and fixing the venue of the meeting. Though it was contended that the court had no power to appoint an Advocate-Chairman, the learned Judge sitting on the company side declined to appoint an advocate on the ground that there was no need therefor. The appeal is from that order. Pending the appeal, a Division Bench of this court, by an order dated 12-9-1974, on a relative application, directed 'that the convening of the General Body meeting of the respondent herein on 14-9-1974, be and is hereby stayed pending further orders on this petition'. A certified copy of this order, as we find from the record of evidence, was served at the registered office of the company on 30-9--1974. Nevertheless, the meeting as notified was allowed to take place t...
R. China Boyan and ors. Vs. the Commissioner for Hindu Religious and C ...
Court: Chennai
Decided on: Mar-10-1975
Reported in: (1975)2MLJ294
V. Ramaswami, J.1. The plaintiffs are the appellants. They filed the suit in a representative capacity, representing the Boyar community people residing in five groups of villages which are set out in the plaint. The relief asked for in the suit was a declaration that Sri Devi Badra Kaliamman Temple at Gettimmallanpudur, hamlet of Ambarampalayam village. Pollachi Taluk, Coimbatore district, is a religious denominational institution 'belonging to the religious denomination of the Boyar community residing in the said five groups of villages and that they are entitled exclusively to conduct and manage the affairs of the said temple and to restrain the defendant, their agents, servants and men by a permanent injunction from in any way interfering with the possession, management and administration of the said temple by the plaintiffs. The facts as found by the Court below were these : The said temple was founded by the Boyar community residing in the said five groups of villages a few decad...
Yuvarajan (Minor) and ors. Vs. the Mylapore Hindu Permanent Fund Ltd. ...
Court: Chennai
Decided on: Mar-10-1975
Reported in: (1975)2MLJ414
M.M. Ismail, J.1. The plaintiffs in O.S. No. 1114 of 1967 on the file of the City Civil Court, Madras, are the appellants herein. The suit property is a house in Madras City and it admittedly belonged to defendants 11 and 12, two brothers, in moieties. Defendants 13 to 16 are the sons of the 11th defendant, while plaintiffs 1 to 3 are the sons of the 15th defendant. The fourth plaintiff is the son of the 14th defendant. The sons of the 13th defendant are also shown in the plaint genealogy. Defendants 11, 12, 13, 14 and 15 and the 13th defendant acting on behalf of three minor sons, who are no* impleaded as parties to the suit, created two mortgages over the suit property under Exhibits A-1 and A-2, both, dated 9th October, 1954, in favour of the first defendant. The mortgage deeds conferred a power of private sale on the first defendant. In exercise of that power the first defendant brought the property to sale and the second defendant was declared to be successful bidder for Rs. 36,35...
Controller of Estate Duty, Madras Vs. V. S. Suryanarayan.
Court: Chennai
Decided on: Mar-09-1975
Reported in: [1978]114ITR599(Mad)
V. RAMASWAMI J. - One V. S. Suryanarayanan died on August 28, 1962. He was a partner in concern of book seller and publishers. His son, Suri, as the accountable person, submitted the return under the Estate Duty Act (hereinafter called 'the Act'). Originally, the business of book sellers and publishers was carried on by the deceased as a sole proprietary concern. On October 1, 1957, he had converted this into a partnership concern with his son, the accountable person, the widow and son of the predeceased brother of the deceased with widow and son of a pre-deceased brother of the deceased with another minor son of the deceased admitted to the benefits of the partnership.As seen from the order of the Tribunal, which is extracted in the stated case, the deceased credited his two sons and the widow and son of his pre-deceased brother on October 1, 1957, with Rs. 10,950 each and debited his account for the total. This account was treated as the capital contribution of the doness in the part...
Newfinds (India) Vs. Vorion Chemicals and Distilleries Ltd.
Court: Chennai
Decided on: Mar-07-1975
Reported in: [1976]46CompCas87(Mad)
Mohan, J.1. This is a petition under Sections 433(e), 434(1)(a) and 439(1)(b) of the Companies Act (hereinafter referred to as 'the Act') for winding up the respondent-company.2. The allegations in the petition are, shortly, as follows : The respondent-company (Vorion Chemicals and Distilleries Ltd.) having its registered office at No. 114, Mowbrays Road, Royapettah, Madras-14, is a public limited company, established for processing Chemicals and other materials for industrial and agricultural purposes among other objects set out in the memorandum of association. The company was incorporated on December 26, 1966, and the company is due and owing to the petitioner-creditor a sum of Rs. 43,343.90, being the value of goods supplied for formulation and repacking and delivery to the customers of the petitioning-creditor, which the respondent-company failed to do. A lawyer's notice was issued on September 28, 1973, calling upon the respondent-company to pay the said sum of Rs. 43,343.90. The...
Ponnuswamy Nadar Vs. Narayanan Nadar
Court: Chennai
Decided on: Mar-07-1975
Reported in: AIR1977Mad19
Ratnavel Pandian, J.1. This appeal has been preferred by the unsuccessful plaintiff on O. S. 43 of 1968 on the file of the Subordinate Judge, Nagarcoil. The said suit was filed by him for declaration of his title to and possession of the plaintiff schedule property and a permanent injunction restraining the defendant from interfering with his possession, and if the defendant managed to get possession by force and was found to be in possession for directing him to deliver possession of the property to the plaintiff with mesne profits after giving declaration of title, and for costs.2. The plaint allegations were as follows: The plaint schedule property is a portion of S. No. 1398/63-A in Kaliyal Village, the total extent of which is 250 acres. The said 250 acres belonged to one Mrs. Mohamed Mustaffa, son of Masthan Rowther. He executed in agreement of sale dated 16-9-1957 in favour of the plaintiff in respect of the said 250 acres, for a total consideration of Rs. 62,500/- and the plain...
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