Chennai Court July 1976 Judgments
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Ondipudur Weavers Co-operative Production and Sales Society Ltd., Repr ...
Court: Chennai
Decided on: Jul-23-1976
Reported in: (1977)2MLJ19
ORDERG. Ramanujam, J.1. The appellants herein are challenging the validity of the orders passed in execution of the decree in E.P. No. 443 of 1975 in O.S. No. 1222 of 1972. respondents herein have obtained a decree for declaration of their right to use of road called 'Colony Road' and for permanent injunction restraining the appellants from interfering with the use of the road by them in the said suit. The said decree was challenged in appeal by the appellants; but without success. There was a further appeal to this Court in S.A. No 538 of 1975. Pending the second appeal, there was stay of the execution of the decree which was later vacated at the instance of the respondents. The respondents, decree-holders, thereafter filed E.P. No. 443 of 1975 complaining that the appellants have disobeyed the decree for injunction, and seeking the appointment of a Commissioner for removing the thorny shrubs that were grown, in the pathway and for arresting of the judgment-debtors for the disobedienc...
The State of Tamil Nadu Vs. the Crompton Engineering Company (Madras) ...
Court: Chennai
Decided on: Jul-22-1976
Reported in: [1977]39STC260(Mad)
Ismail, J.1. This is a petition under Section 38 of the Tamil Nadu General Sales Tax Act (Act 1 of 1959) preferred by the State of Tamil Nadu against the order of the Sales Tax Appellate Tribunal (Main Bench), Madras, dated 3rd February, 1971 and passed in T.A. No. 1582 of 1968. The respondent herein was assessed under the Central Sales Tax Act by an order dated 8th March, 1967. The respondent on 25th July, 1967, wrote to the assessing authority for rectification of certain alleged errors. The assessing authority on 15th April, 1968, passed an order stating that the request for the revision of the assessment could not be complied with as the assessment of the dealer for the year 1965-66 has already become final. Against this order, the dealer preferred an appeal to the Appellate Assistant Commissioner in Appeal No. 336 of 1968. The appellate authority also dismissed the appeal. Thereafter the dealer preferred a further appeal to the Sales Tax Appellate Tribunal, Madras and the Tribunal...
W.B. Correya Vs. Dy. Managing Director, Indian Airlines and ors.
Court: Chennai
Decided on: Jul-22-1976
Reported in: (1977)IILLJ163Mad
ORDERG. Ramanujam, J.1. The petitioner was employed as Flight Steward in the Madras Branch of the Indian Airlines. On 24th July, 1973 the following three charges were framed against him in respect of his alleged conduct in operations offices and departure lounge on 19th July, 1973:(1) Even though not on duty, he was found in the above offices appearing to be under the influence of liquor.(2) He behaved in a rude, indecent and abusive manner towards Capt. N.M. Pereira, Officiating Operations Manager, by talking to him in an aggressive and threatening manner.(3) He created a scene in the departure lounge, where passengers were seated, by shouting and using abusive and threatening language towards Capt. Pereira.According to the management these acts constituted misconduct within the meaning of Standing Orders 16(11), 16(13) and 16(18) of Standing Orders (Regulation) hereinafter referred to as the Regulation. By the said charge memo the petitioner was asked to give his explanation to the c...
Bhagat Dolia and anr. Vs. State and ors.
Court: Chennai
Decided on: Jul-22-1976
Reported in: 1977CriLJ617
ORDERNatarajan, J.1. The above criminal miscellaneous petition has been preferred against the order of the Special Judge (Chief Judicial Magistrate), Chingleput, refusing to transpose a prosecution witness, Srinivasan, as an accused and to face trial along with the other 4 accused charge-sheeted in the case. The brief facts, which require to be noticed in connection with the petition, are as stated below:2. An Assistant Engineer and a Junior Engineer attached to the Ennore Thermal Station, who are accused 1 and 2 in the case, and the petitioners herein, who are accused 3 and 4, are alleged to have entered into a criminal conspiracy to commit various offences, such as, cheating, forgery, using as genuine the forged document and acts of corruption punishable under the Prevention of Corruption Act, The gravamen of the charge is that the petitioners who were running a concern dealing in electrical goods, joined accused 1 and 2 and prepared bogus tenders, so that eventually the tender of th...
J.A. Munuswami Naidu Vs. K.S.P. Thyagaraya Chettiar and anr.
Court: Chennai
Decided on: Jul-22-1976
Reported in: AIR1977Mad273; (1977)1MLJ358
Kailasam, C.J.1. This appeal is filed by the judgment-debtor in O. S. No. 155 of 1971 against the judgment of N. S. Ramaswami J., dismissing his appeal against the order of the II Additional Subordinate Judge, Cuddalore.2. The suit O. S. No. 155 of 1971 was filed on 16-6-1971, for the recovery of a sum of Rs. 34980-82, against the present appellant on the foot of a security bond executed by him on 21-7-1962, for a sum of Rs. 15000 securing the properties described in the schedule. The second respondent was a puisne mortgagee. The appellant filed a written statement that the first respondent, had fraudulently suppressed the payment of interest in the security bond and if a proper account was taken, money will be due to the first respondent. When the suit was taken up for trial, the plaintiff agreed to take a special oath on his family deity that for the suit security bond no money except those shown by way of endorsement had been received by him. It was also agreed that on the plaintiff...
Commissioner of Income-tax Vs. Saraswathi Viswanathan and ors.
Court: Chennai
Decided on: Jul-21-1976
Reported in: [1977]107ITR208(Mad)
Ismail, J. 1. The Income-tax Appellate Tribunal, Madras Bench, under Section 256(1) of the Income-tax Act, 1961, has referred the following question for the opinion of this court: 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the shares of income of the minor children admitted to the benefits of partnership in which the assessee, a widow, was a partner, are includible in her total income under the provisions of Section 64 ?' 2. One S. Viswanathan, who was carrying on business as proprietor of the Central Art Press, died on January 20, 1960. He was survived by his mother, his widow and a minor son, one major daughter and three unmarried minor daughters. These persons, under the Hindu Succession Act, 1956, were entitled to succeed to the estate of the deceased Viswanathan, each inheriting a one-seventh share. On February 23, 1960, a partnership came into existence between the widow of Viswanathan and his major daughter, Kamala, an...
D. Chelliah Nadar and anr. Vs. G. Lalita Bai and anr.
Court: Chennai
Decided on: Jul-21-1976
Reported in: AIR1978Mad66
1. The plaintiffs are the appellants in this Letters Patent Appeal. The plaintiffs sued for a declaration of their title to and possession of the suit properties and for an injunction. Plaintiffs 1 and 2, Chelliah Nadar and Mercy Bai, are husband and wife. The first defendant, Lalitha Bai, is the sister of the first plaintiff. The second defendant Muthayyan is the husband of the first defendant. The suit properties belonged to one Daniel Nadar, the deceased father of the first plaintiff. Daniel Nadar died as a Travancore Christian leaving behind him his son, the first plaintiff, and four daughters, including the first defendant. The contest is between the son and the daughter of Daniel Nadar. If the Christian Succession Act of Travancore is applicable, the first plaintiff will be the sole heir. But, if the Indian Succession Act is applicable, the first plaintiff and the first defendant would each be entitled to a half share in the properties.2. The trial court found that the Indian Suc...
Mount Mettur Pharmaceuticals (P.) Ltd. Vs. A. Wander
Court: Chennai
Decided on: Jul-21-1976
Reported in: AIR1977Mad105; (1977)1MLJ21
Kailasam, C.J. 1. This appeal is preferred by Mount Mettur Pharmaceuticals (P) Ltd., against the judgment of Ganesan J. in A. A. O. 369 of 1966, dismissing the appellant's application to register his trade mark.2. The appellant made an application for registration of a trade mark consisting of the word 'Asthmix' in Part A of the Register in Class 5 in respect of a designation of goods, which, after amendment, read 'Pharmaceutical preparation for the treatment of Asthma'. A notice of opposition was lodged by the first respondent under S. 21 of the Trade and Merchandise Marks Act, 1958. The main grounds of opposition were that the opponents are the proprietors in India of the trade mark 'Asmac' registered under Cl. 5 in repect of pharmaceutical preparation for the treatment of asthma, that by long and extensive user the said trade mark had become exclusively associated by the trade and the public in India with them and had acquired a great reputation, that the appellant's trade mark is d...
D. Chelliah Nadar and anr. Vs. G. Lalitha Bai and anr. Overruled
Court: Chennai
Decided on: Jul-21-1976
Reported in: (1977)1MLJ454
Kailasam, C.J.1. The plaintiffs are the appellants in this Letters Patent Appeal The plaintiffs sued for a declaration of their title to and possession of the suit properties and for an injunction. Plaintiffs 1. and 2, Chelliah Nadar and Mercy Bai, are husband and wife. The first defendant, Lalitha Bai, is the sister of the first plaintiff. The second defendant Muthayyan is the husband of the first defendant. The suit properties belonged to-one Daniel Nadar, the deceased father of the first plaintiff. Daniel Nadar died as a Travancore Christian leaving behind him, his son, the first plaintiff, and four daughters, including the first defendant. The contest is between the son and the daughter of Daniel Nadar. If the Christian Succession Act of Travancore is applicable, the first plaintiff will be the sole heir. But, if the Indian Succession Act is applicable, the first plaintiff and the first defendant. would each be entitled to a half share in the properties.2. The trial Court found tha...
Bharathi Pulvarising Mills Private Limited Vs. State of Tamil Nadu
Court: Chennai
Decided on: Jul-20-1976
Reported in: [1977]40STC15(Mad)
Ismail, J.1. This is a petition under Section 38 of the Tamil Nadu General Sales Tax Act, 1959, to revise the order of the Sales Tax Appellate Tribunal, Madras Bench, dated 22nd January, 1971, passed in T.A. No. 666 of 1968. The petitioner is a limited company manufacturing pesticides and carrying on business at No. 1074, Thiruvothiyur High Road, Tondiarpet, Madras. On 21st July, 1964, the petitioner entered into an agreement with the Government of Andhra Pradesh for supply of pesticides required by the Director of Agriculture, Hyderabad, or the officers authorised by him, namely, District Agricultural Assistants, etc., as well as by the Panchayat Samithis in Andhra Pradesh. Under this agreement, the petitioner had to supply pesticides against indents to be placed by the officers in question and the rates agreed to under the contract were f. o. r. any railway station, Andhra Pradesh, by goods train including out agencies. Two conditions of the contract in question require to be mention...
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