Chennai Court February 1977 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
V. Bapu Kalingarayar Vs. Rajam and anr.
Court: Chennai
Decided on: Feb-09-1977
Reported in: AIR1978Mad192
Varadarajan, J.1. The defendant, who failed in the Lower Appellate Court, is the appellant. The respondents filed the suit for the recovery of money due on the promissory note Ex. A-1 dated 26-8-1966 executed by the appellant and his brother's son Chockalingam in favour of one Ramanatha Iyer for Rs. 3,100/- alleged to have been advanced by the respondents, according to whom Ramanatha Iyer was their power of attorney agent. The respondents filed the suit through another power of attorney agent on 17-1-1972 and relied upon the letter Ex. A-2 dated 14-1-1969 given by the appellant to them as an acknowledgment of liability for the purpose of limitation.2. The appellant's defence was that the letter Ex. A-2 was executed only in Jan. 1970 after the claim had become barred by limitation, though it is dated 14-1-1969, and that the suit is, therefore, barred by limitation. After arguments were advanced and judgment was reserved the respondents filed an application for amendment of the plaint on...
Commissioner of Income-tax Vs. J.K.A. Subramania Chettiar
Court: Chennai
Decided on: Feb-09-1977
Reported in: [1977]110ITR602(Mad)
Ismail, J.1. The matter relates to penalty proceedings taken with reference to the assessment year 1963-64. The assessee filed a return of income on March 16, 1964, disclosing a total income of Rs. 27,566 which comprised the following items :Rs.Income from property 125 Income from personal business21,655 Shareincome from the firm of M/s. Murugan Talkies 5,77627,5562. Subsequently, on February 7, 1968, he filed a second return of income which showed the following position :Rs.Income from property125Income from personal business69,143Share income from firm5,776 75,0443. The Income-tax Officer completed the assessment on December 31, 1968, on a total income of Rs. 3,15,201, which consisted of :Rs.Income from property1,347Income from business3,13,854 3,15,2014. The business income of Rs. 3,13,854 was made up of share income from Messrs Murugan Talkies of Rs. 2,769 (income other than property income) and Rs. 1,440, (income from ' local business ') and income from export and import business ...
W.S. Insulators of India Ltd. Vs. the Presiding Officer, Industrial Tr ...
Court: Chennai
Decided on: Feb-09-1977
Reported in: (1977)2MLJ424
ORDERT. Ramaprasada Rao, J.1. The only question stated by Mr. Narayanaswami, learned Counsel for the appellant in this writ appeal is whether the Writ Court functioning under Article 226 of the Constitution of India can usurp the jurisdiction said to be solely vested in the Industrial Tribunal, particularly in the matter of finding whether a demand had been made by the workers as against the management which is admittedly the foundation for a reference under Section 10 of the Industrial Disputes Act. The Tribunal was of the view that the participation of the management and the workers in the proceedings before the Conciliation Officer in respect of a dispute which had arisen in the premises of the industrial establishment was by itself an indicia of the knowledge of the existence of the dispute. It observed that, even assuming that a regular demand had not been made and notice of it served on the management, it was only an irregularity and that the management should be deemed to have b...
Dunlop India Ltd. Vs. Joint Commercial Tax Officer, Mount Road Ii Divi ...
Court: Chennai
Decided on: Feb-08-1977
Reported in: [1978]41STC41(Mad)
Ismail, J.1. The matter relates to the assessment year 1968-69. The petitioners were finally assessed on a total and taxable turnover of Rs. 7,92,92,517.87 and Rs. 6,92,51,009.38 respectively by the Joint Commercial Tax Officer, Mount Road II Division, in his proceedings dated 31st December, 1969. The taxable turnover included a sum of Rs. 1,90,112 relating to the fitting of rubber tyres on metal tank wheels and top rollers for the Heavy Vehicles Factory, Avadi, assessed at 12 per cent. This amount was included in the taxable turnover returned by the dealers themselves. The petitioners did not file an appeal objecting to the assessment of any portion of the turnover. On 23rd December, 1970, the petitioners addressed the assessing officer requesting to revise the assessment for 1968-69 deleting the turnover of Rs. 1,90,112 and also to revise the assessment for 1967-68 in respect of similar turnover. The Joint Commercial Tax Officer, Mount Road II, Madras, by his proceedings dated 26th F...
Chinnathayi and ors. Vs. Narayanaswami Kounder and ors.
Court: Chennai
Decided on: Feb-07-1977
Reported in: AIR1978Mad161; (1978)1MLJ49
V. Ramaswami, J. 1. The plaintiffs are the appellants. The first plaintiff is the widow of one Ramaswami, who died on 6-10-1969, The second and third plaintiffs are the daughter and son of the first plaintiff by Ramaswami. The suit was filed by the plaintiffs for declaration of title to the suit properties and for an injunction restraining the defendants from interfering with the plaintiffs' possession and enjoyment. The first defendant is the divided brother of Ramaswami. That the suit properties items 1 to 11 and 7 cents in item 12 were allotted to Ramaswami in a partition between Ramaswami and the first defendant has been found by the Courts below and that is not in dispute in this second appeal. Defendants 2 to 13 were not interested in the properties and therefore they did not defend the suit. The first defendant alone contended that Chinnathayee, the first plaintiff, was not the validly married wife of Ramaswami and that therefore neither her daughter nor her son, namely, the sec...
Kumaraswami Gounder and ors. Vs. Subba Gounder and ors.
Court: Chennai
Decided on: Feb-07-1977
Reported in: AIR1977Mad353
1. Defendants 2 to 4 and 6 to 9 in O. S. No. 17 of 1965 on the file of the Subordinate Judge of Coimbatore, are the appellants. The plaintiffs came to court for a partition and separate possession of their half share in the suit properties under the following circumstances. Kandaswami Gounder is the common ancestor. He had two sons, Nanjappa Gounder, the first defendant and Palani Gounder, the first plaintiff. His other son Subba Gounder died as a bachelor in 1959. Palaniammal is his daughter. The first defendant, who is the eldest son who died pending suit is herein represented by his legal representatives, defendants 2 to 10. In fact, it is the second defendant who is contesting the action. Plaintiffs 2, 3 and 4 are the sons and daughters of the first plaintiff. The fifth plaintiff is the wife of the first plaintiff and the 4th plaintiff is the wife of the 1st defendant. The plaintiffs' case is that Kandaswami Gounder died in Adi 1955, prior to the Hindu Succession Act of 1956 and th...
Rengaraj Naidu and ors. Vs. Bakthavatsalam
Court: Chennai
Decided on: Feb-07-1977
Reported in: (1977)2MLJ57
P. Govindan Nair, C.J.1. These appeals are directed against the orders refusing to stay the execution of the decree under Section 20 of Act IV of 1938. The decree in the case was passed in 1965. The appellants claim that they are entitled to have the decree scaled down under Section 19 of the said Act. The orders appealed against took the view that the decree for mesne profits with which decree we are concerned does not create a debt and relied on the decision of this Court in Meera v. Abdul Kadir : AIR1939Mad471 . The applications were dismissed.2. During the arguments before us various questions were discussed. It was contended that an executing Court when approached under Section 20 for stay must automatically grant the stay and the decision of this Court in Durairajan v. Mohammad Kuthoose (1974) 87 L.W. 877 was relied on. Our attention was also drawn fairly by the learned Counsel on behalf of the appellants to the decision of this Court in Rathinam v. Thangammal : AIR1976Mad309 , w...
Kumaraswami Gounder and ors. Vs. Subba Gounder and ors.
Court: Chennai
Decided on: Feb-07-1977
Reported in: (1978)1MLJ305
Ramaprasada Rao, J.1. Defendants 2 to 4 and 6 to 9 in O.S. No. 17 of 1965 on the file of the Subordinate Judge of Coimbatore, are the appellants. The plaintiffs came to Court for a partition and separate possession of their half share in the suit properties under the following circumstances. Kandaswami Gounder is the common ancestor. He had two sons, Nanjappa Gounder the first defendant and Palani Gounder the first plaintiff. His other son Subba Gounder died as a bachelor in 1959. Palaniammal is his daughter. The first defendant, who is the eldest son who died pending suit is herein represented by his legal representatives, defendants 2 to 10. In fact, it is the second defendant who is contesting the action. Plaintiffs 2, 3 and 4 are the sons and daughter of the first plaintiff. The fifth plaintiff is the wife of the first plaintiff and the 4th plaintiff is the wife of the 1st defendant. The plaintiffs' case is that Kandaswami Gounder died in Adi 1955, prior to the Hindu Succession Act...
R. Srinivasan Vs. S.P. Krishnamoorthy Sarma and ors.
Court: Chennai
Decided on: Feb-07-1977
Reported in: (1978)1MLJ452
V. Ramaswami, J.1. The plaintiff is the appellant. The suit was filed for recovery of the suit properties from defendants 6 to 14. One Subbaraya Iyer purchased originally a small bit of land in Raghunathapuram, which is a harrlet of Sholapuram within the Sub-Registration District of Tiruvidaimaruthur, Kumbakonam taluk, and with his owr money put up a tiled building and planted cocoanut trees. In the building he installed 'Sri Ramachandramurthy' and consecrated the same and was performing daily pooja, and neivedyam end was also conducting festivals on important occasions. Later on, by a deed of endowment dated 4th September, 1904 he corstituted this into a trust and endowed also other properties. He called the trust property as a public charitable trust. The Hindu community of the Village were worshipping in the madam, doing bajanal and holding festivals on important occasions. The trust deed provided also for the management of the trust properties and the madam. The founder constituted...
S. Chockalingan Poosari and ors. Vs. S.V. Ramaswami Poosari and ors.
Court: Chennai
Decided on: Feb-05-1977
Reported in: AIR1977Mad169; (1977)1MLJ146
Veeraswami, C.J.1. The appeal is from an order of Ramaprasada Rao J. in Ramasami Poosari v H. R. and C. E. Madurai, : (1973)1MLJ320 . The Mariamman Temple, Irukkangudi. Sattur Taluk, is governed by a scheme of management settle by the Hindu Religious and Charitable Endowments Board under Madras Act II of 1927. That was done in O. A. No. 160 of 1934 on its file. Under the scheme, the temple and its properties should be administered and managed by the hereditary trustees as held been done till then. They may nominate any one of them to be the managing trustee for each fails year. If there was failure to nominate, the vacancy should be filled up by nomination by the Hindu Religious and Charitable Endowments Board. A Manager also is required to be appointed on a salary basis and his duties have been prescribed in the scheme. The duties of the trustees and also of the managing trustee have been specified therein. The Board reserved to itself the power to issue directions regarding the inter...
- ‹ Prev
- 1
- 2
- 4
- 5
- Next ›
- Last »