Chennai Court August 1976 Judgments
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N.A. Chidambaram Chettiar Firm and ors. Vs. the State of Tamil Nadu an ...
Court: Chennai
Decided on: Aug-09-1976
Reported in: AIR1977Mad153
1. In this batch of writ petitions, a writ of declaration to declare the Tamil Nadu Debt Relief Act 1976 (President's Act of Tamil Nadu 31 of 1976) as unconstitutional, illegal and void is sought.2. The matter came up before Mohan J., for admission and, as the question involved the vires of the Act, the learned Judge directed the matter to be posted before a Bench and thus these petitions have come up before us for admission.3. The Tamil Nadu Debt Relief Act 31 of 1976 was enacted by the President in exercise of the powers conferred on him by S. 3 of the Tamil Nadu State Legislature (Delegation of Powers) Act, 1976. The object of the enactment is stated to be to provide relief from indebtedness to landless agriculture labourers, rural artisans and small farmers in the State of Tamil Nadu. Sec. 2 of the Act declares that the Act is for giving effect to the policy of the State towards a securing the principles specified in Article 46 of the Constitution. The reason for the enactment is t...
S. Ramanathan Vs. Saroja Mills Ltd. and ors.
Court: Chennai
Decided on: Aug-06-1976
Reported in: (1977)IILLJ202Mad
Koshal, J.1. The facts leading to this petition under Article 226 of the Constitution of India are more or less admitted on all hands and are these. On 28th April, 1963, the petitioner was appointed as en office r trainee by the proprietors of the Thiagarajar Mills, a factory being run in Kappalur, Madurai District, for the manufacture of textiles, through an appointment letter laying down eight conditions, of which condition No. 3 runs thus:3. On completion of your probationary period if your services are found satisfactory, you will be con firmed as Junior Officer on Rs. 200 (Rupees two hundred only) per mensem plus dearness allowance of Rs. 115 (Rupees one hundred and fifteen only) per mensem in the grade Rs. 200-25-400.On the 14th of August, 1963 he was confirmed on a salary of Rs 200 plus dearness allowance of Rs 115 per mensem with effect from 1st of August, 1963. He was transferred to the Madurai office of the factory where he was directed to attend to legal and labour matters s...
The State of Tamil Nadu Vs. Anandam Viswanathan
Court: Chennai
Decided on: Aug-05-1976
Reported in: [1977]39STC226(Mad)
Ismail, J.1. These, tax revision cases arise out of the order of the Sales Tax Appellate Tribunal, Main Bench, Madras-1, dated 11th March, 1971, in respect of two assessment years 1966-67 and 1968-69 and the controversy is very narrow. The assessee in these cases entered into contracts with the Universities and the other educational institutions in the country for printing question papers for the said educational institutions. The assessee in the demand notes prepared gave the charges for printing, blocks, packing charges, handling charges, delivery charges, postage, value of paper and value of packing materials separately in the relevant assessment years. The dispute related as to whether the taxable turnover should include the printing charges and block-making charges or not. As far as the assessment year 1966-67 is concerned, the printing charges amounted to Rs. 99,675.00 and block-making charges amounted to Rs. 2,923.95 totalling Rs. 1,02,598.95. As far as the assessment year 1968-...
Deputy Commissioner of Commercial Taxes, Tiruchirapalli Division Vs. H ...
Court: Chennai
Decided on: Aug-05-1976
Reported in: [1977]40STC165(Mad)
Ismail, J.1. This tax revision case raises a very narrow question with reference to the assessment to sales tax. The turnover in dispute is a sum of Rs. 18,233.13. The respondent-dealer had manufactured banners, hangers, flags, etc., out of textiles. Its claim before the Appellate Assistant Commissioner of Commercial Taxes and the Tribunal was that these banners, hangers and flags made out of textiles, themselves constitute textiles and fall within entry 4 of the Third Schedule to the Tamil Nadu General Sales Tax Act, 1959 and the Tribunal accepted this contention and held that the turnover referred to above was exempt from sales tax. This conclusion is challenged in this revision.2. Entry 4 of the Third Schedule to the Tamil Nadu General Sales Tax Act, 1959, read as follows, as it was on the relevant date:All varieties of textiles (other than durries, carpets, druggets and pure silk cloth) made wholly or partly of cotton, staple fibre, rayon, artificial silk or wool including handkerc...
Standard Fire Works Industries Vs. State of Tamil Nadu
Court: Chennai
Decided on: Aug-05-1976
Reported in: [1977]75STC403(Mad)
Ismail, J.1. These two tax revision cases preferred against the order of the Sales Tax Appellate Tribunal lie within a very narrow compass. The only question for consideration is whether the 'hand grenades' and 'bicat strips' manufactured and supplied by the petitioners to the defence department for being used in the training of the Army personnel come within the scope of the expression 'all arms including rifles, revolvers, pistols and ammunition for the same' occurring as entry 12 of the First Schedule to the Tamil Nadu General Sales Tax Act, 1959. Though the assessment itself has been made under the Central Sales Tax Act, this question arises for the purpose of finding out whether the rate of tax under the State Act was lower than the rate prescribed by Section 8(2A) of the Central Sales Tax Act or not. As we have already pointed out, the goods which are the subject-matter of these revision cases are 'hand grenades' and 'bicat strips' sold by the petitioners to the Government of Ind...
T.i. Cycles of India Vs. E.S.i.C.
Court: Chennai
Decided on: Aug-05-1976
Reported in: (1977)IILLJ222Mad
P.S. Kailasam, C.J.1. This appeal is filed by T.I. Cycles of India, Ambattur, against the judgment of Natarajan, J., dismissing their appeal against the judgment of the City civil Court, Madras, dismissing their application for a declaration that the part-time doctors engaged by them for attending their dispensary were not employees as defined in Section 2(9) of the Employees' State Insurance Act, 1948.2. The facts lie in a very brief compass and are not in dispute. Attached to the T.I. Cycles of India at Ambattur there is an ambulance room in which two part time doctors are engaged who work for two hours a day each. The question that arose for consideration before the I Additional Judge, City Civil Court, Madras, before the learned Judge who heard the writ petition and before us is whether the doctors are employees as defined in Section 2(9) of the Act. Section 2(9) of the Act defines an employee as follows:'employee' means any person employed for wages in or in connection with the wo...
L.A.N.N. Alagappan Vs. P.S. Kalayanasundaram Iyer (Died) and ors.
Court: Chennai
Decided on: Aug-05-1976
Reported in: AIR1977Mad238; (1977)2MLJ291
1. The defendant who lost in O.S. No. 3720 of 1970 on the file of the City Civil Court, Madras, is the appellant. The plaintiffs sued on a promissory note, but on the foot of an equitable mortgage over the property of the defendant judgment debtor, which, according to the plaintiffs, was created by a voluntary act on the part of the defendant by depositing title deeds in respect of the property and confirming such deposit under a letter which the defendant executed after such deposit of title deeds. The case of the plaintiffs is that under Exhibit A-2 dated 27th November, 1967, the defendant borrowed a sum of Rs. 40,000 promising to repay the same with interest at 12 per cent per annum. In fact, before the money was advanced, the defendant in Exhibit A-1 dated 22nd November, 1967, sought for the loan and expressed his willingness to deposit with the plaintiffs the title deeds of his property as collateral security for the due repayment of the amount. On such offer being made, the plain...
T.i. Cycles of India Vs. the Regional Director, Employees State Insura ...
Court: Chennai
Decided on: Aug-05-1976
Reported in: (1977)1MLJ511
ORDERKailasam, C.J.1. This appeal is filed by T.I. Cycles of India, Ambattur, against the judgment of Natarajan, J., dismissing their appeal against the judgment of the City Civil Court, Madras, dismissing their application for a declaration that the part-time doctors engaged by them for attending their dispensary were not employees as defined in Section 2 (9) of the Employees' State Insurance Act, 1948.2. The facts lie in a very brief compass and are not in dispute. Attached to the T.I. Cycles of India at Ambattur, there is an ambulance room in which two part-time doctors are engaged who work for two hours a day each. The question that crose for consideration before the First Additional Judge, City Civil Court, Madras, the learned Judge who heard the C.M.A. (Sic) (writ petition) and before us is whether the doctors are employees as defined in Section 2 (9) of the Act. Section 2 (9) of the Act defines an employee as follows:'Employee' means any person employed for wages in or in connec...
Bhama Ramamoorthy Vs. the State of Tamil Nadu and anr.
Court: Chennai
Decided on: Aug-04-1976
Reported in: AIR1977Mad272; (1977)1MLJ323
ORDER1. The matter arises under the Land Acquisition Act. The admitted facts are as follows--On 25-10-1962, the petitioner purchased the property forming the subject matter of the writ petition and patta was changed in her name on 15-6-1963. On 25-12-1963, a S. 4(1) notification was issued proposing to acquire the land for the Korattur neighbourhood Housing scheme. On 9-3-1964 Sec. 5-A enquiry took place. On 18-1-1969, S. 6 declaration was issued. The award enquiry was conducted on 25-3-1969 and the award was passed on 14-12-1973. The petitioner was issued a notice on 22-12-1973, stating that possession would be taken and therefore she was required to be present to deliver possession. It is under these circumstances that the present writ petition has been filed to quash the land acquisition proceedings.2. The only contention that is urged before me is that the entire proceedings are illegal, since at no point of time, the petitioner was served with any notice excepting the notice dated...
Kandaswamy Mudaliar and ors. Vs. Madurai T.S. Naina Mohammed Rowther C ...
Court: Chennai
Decided on: Aug-02-1976
Reported in: (1977)1MLJ244
S. Suryamurthy, J.1. These two civil revision petitions arise out of a common order passed by the learned appellate authority (Subordinate Judge), Madurai, under the Tamil Nadu Buildings (Lease and Rent Control) Act. C.R.P. No. 1112 of 1975 has been preferred against the order of the learned appellate authority in C.M.A. No. 452 of 1972. C.R.P. No. 1147 of 1975 has been preferred against the order of the same learned appellate authority in C.M.A. No. 473 of 1972. The respondent herein filed the petition for eviction of the tenants from the portions in their respective occupation inter alia on the ground that the building was required for demolition and reconstruction. The tenants contended that as Madurai City had been declared a Corporation, the Tamil Nadu Buildings (Lease and Rent Control) Act, is not applicable, that there was no valid notice to quit, that they are the sub-tenants of the first respondent in the petition for eviction and that the building was not required bona fide f...
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