Chennai Court April 1977 Judgments
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Mookka Velar Vs. Baluchami and ors.
Court: Chennai
Decided on: Apr-23-1977
Reported in: (1977)2MLJ258
V. Sethuraman, J.1. The appellant is the defendant in O.S. No. 445 of 1973 on the file of the Court of the District Munsif, Pararrakudi. The plaintiffs filed the suit for a permanent injunction restraining the defendant from interfering with the rights of the plaintiffs to be in joint management of the suit trust as joint hereditary trustees. The plaintiffs are three in number. The suit temple is known as 'Vazhivitta Ayyanarswami Koil'. According to the plaintiffs, it was a private temple founded by the ancestors of the plaintiffs during the 17th century and the properties were also endowed by the founden for the maintenance of the said temple. A trust was founded for the management of the said temple and its properties. After the death of the founder, his heirs were said to have been in management by hereditary succession as per the rule of primogeniture. The plaintiffs and the defendant are the descendants of the original founder. According to the plaintiffs, they have been the hered...
V. Kamalanathan Vs. E.i.D. Parry Limited
Court: Chennai
Decided on: Apr-23-1977
Reported in: (1978)1MLJ25
ORDERM.M. Ismail, J.1. The defendant in O.S. No. 8890 of 1974 on the file of the City Civil Court, Madras, is the petitioner herein. He seeks to have the order of the II Assistant Judge, City Civil Court, Madras, dated 9th December, 1975, imposing a condition of deposit of Rs. 10,000 on or before 16th January, 1976 for granting him leave to defend the suit, revised. The suit itself was one for recovery of a sum of money due on a promissory note. One of the defences of the petitioner herein was that the promissory note was obtained under coercion, compulsion and undue influence by one Kalyanaraman. The learned II Assistant Judge has discussed this aspect of the matter in paragraph 12 of his order and, after referring to the contentions of the parties, stated towards the end of the paragraph:But suffice to say that there is a triable issue, whether the suit promissory note was got under coercion and compulsion and undue influence of Kalyanaraman.Notwithstanding this conclusion, in paragr...
Krishna Textiles and anr. Vs. J.R. Exports (India)
Court: Chennai
Decided on: Apr-21-1977
Reported in: AIR1977Mad339
Ramaprasada Rao, Ag. C.J. 1. These appeals are directed against the order of the City Civil Judge, Madras, who, in an under chapter suit, failed to notice the prior order passed by him, attaching the moneys of the judgment-debtor in the hands of garnishees, by way of attachment before judgment. The plaintiff is the appellant. He filed an under chapter suit on the foot that the defendant owed him moneys for goods sold and delivered. He also rested his case on two dishonoured cheques issued by the defendant. Having regard to the conduct of the defendant, the plaintiff, finding that the defendant was an out of State dealer, sought for attachment before judgment of certain moneys belonging to the defendant in the hands of garnishees. The application for attachment before judgment was ordered.2. The defendant attempted to obtain leave to defend, but later on gave up the same and submitted to a decree. The learned trial Judge passed a decree, who, at the request of the defendant, gave him th...
Deputy Commissioner (C.T.), Coimbatore Division Vs. the Vijayalakshmi ...
Court: Chennai
Decided on: Apr-21-1977
Reported in: [1977]40STC463(Mad)
Sethuraman, J.1. This revision petition has been filed under Section 38 of the Tamil Nadu General Sales Tax Act against the order of the Sales Tax Appellate Tribunal dated 4th October, 1973. There are two items of turnover which are disputed in the present revision petition. The first is a sum of Rs. 51,000 for which the assessee sold carding machines and drawing frames. The assessee is a manufacturer of cotton yarn and he claimed that he did not carry on any business in carding machines and drawing frames, etc. He had purchased these goods for use in the manufacture of yarn. According to the assessee, he did not purchase them with the intention of carrying on any business in these goods and that they were not by-products or subsidiary products as these goods were the assets of the assessee and, as they were sold when they were not serviceable, the sale could not be said to be a sale in the course of business. The Sales Tax Appellate Tribunal accepted this submission of the assessee an...
Spheroidel Castings Ltd. Vs. the State of Tamil Nadu
Court: Chennai
Decided on: Apr-21-1977
Reported in: [1977]40STC596(Mad)
Sethuraman, J.1. In these petitions filed under Section 38 of the Tamil Nadu General Sales Tax Act, there are two points in dispute. The first relates to a sum of Rs. 859.27. The said sum represents the sale of certain miscellaneous items of empties and discarded materials. These materials were acquired by the assessee in the course of its business. The assessee claimed that the sale was not in the course of business. However, the Sales Tax Appellate Tribunal held that in view of explanation to Section 2(d), even such transaction when they were incidental or ancillary or in connection with the business were taxable and, in support of its decision, relied on the pronouncement of the Supreme Court in State of Tamil Nadu v. Burmah Shell Co. Ltd. [1973] 31 S.T.C. 426. The Tribunal, therefore, sustained the addition as made by the sales tax authorities. It is this conclusion which is now challenged.2. In view of the definition in Section 2(d) read with the explanation thereof, it is clear t...
Spheroidal Casting Ltd. Vs. State of Tamil Nadu.
Court: Chennai
Decided on: Apr-21-1977
Reported in: (1978)7CTR(Mad)0019B
Sethuramn, J. - In these petitions filed under S. 38 of the Tamil Nadu General Sales Tax Act, there are two point in dispute. The first relates to a sum of Rs. 859-27P. The said sum represents the sale of certain miscellaneous items of empties and discharded materials. There materials were acquired by the assessee in the course of its business. However, was not in the course of business. however, the Sales Tax appellate Tribunal held that in view of explanation to S. 2(d), even such transactions when they were incidental or ancillary or in connection with the business were taxable and, in support of its decision, relied on the pronouncement of the Supreme Court in State of Tamil Nadu vs. Burmah Shell Co., Ltd. The Tribunal, therefore, sustained the addition as made by the Sales Tax Authorities. It is this conclusion which is now challenged.2. In view of the definition in S. 2(d) read with the explanation thereof, it is clear that even the transactions incidental or ancillary to the bus...
Nagarajan Vs. the Executive Officer, Sri Swaminathaswamy Devasthanam, ...
Court: Chennai
Decided on: Apr-20-1977
Reported in: AIR1978Mad30
Ramaprasada Rao, Offg. C.J.1. The appellant, who lost before Mohan J., in a writ petition filed by him for the issuance of a writ of certiorari and for quashing the order passed by the third respondent in the writ petition, who in turn confirmed the order of the secondrespondent, has filed this appeal. The facts have been summarised by Mohan, J., and it is unnecessary for us to restate them. But for purposes of continuity we extract them:'An extent of 4-93 standard acres in Adanur village, Papanasam taluk, Thanjavur District, which were belonging to the first respondent were leased to one Kaliyaperumal. The said Kaliyaperumal died in the year 1972. The writ petitioner being the brother of the deceased Kaliyaperumal was said to be cultivating the lands for some time. The Special Deputy Collector, Tiruvarur, conducted an enquiry into the lease of the lands belonging to the temple and found that the writ petitioner was not cultivating the lands but one Subramaniam was actually cultivating...
Kochuman Mathew and anr. Vs. T.N.K. Estates
Court: Chennai
Decided on: Apr-20-1977
Reported in: AIR1978Mad168
Ramaprasada Rao, Offg. C.J.1. The defendants-respondents in Appeal No. 185 of 1970 on the file of this Court seek leave under Article 133 of the Constitution of India, to prefer an appeal to the Supreme Court against the judgment and decree of this Court rendered therein. The relevant facts are The plaintiffs, who owned a rubber estate of an extensive area, leased out the same to one English and Scottish Joint Co-operative Wholesale Society Ltd., London, and the period of the demise was from 1940 and ending with 1988. The English Society continued in possession of the demised property but subject to the covenant that they had an option to surrender the demised lands during the course of the period of the lease. It transpires that almost contemporaneously with the beginning of the lease, the English Society (hereinafter referred to as the head lessee) leased out the property to the defendants (hereinafter referred to as the under lessees) for the very same period. Under the lease deed w...
Kotchuman Mathew and anr. Vs. T.N.K. Estates, a Registered Partnership ...
Court: Chennai
Decided on: Apr-20-1977
Reported in: (1977)2MLJ121
T. Ramaprasada Rao, O.C.J.1. The defendants-respondents in Appeal No. 185 of 1970 on the file of this Court-seek leave under Article 133 of the Constitution of India to prefer an appeal to the Supreme Court against the judgment and decree of this Court rendered therein. The relevant facts are: The plaintiffs, who owned a rubber estate of an extensive area, leased out the same to one English and Scottish Joint Cooperative Wholesale Society Limited, London, and the period of the demise was from 1940 and ending with 1988. The English Society continued in possession of the demised property but subject to the covenant that they had an option to surrender the demised lands during the course of the period of the lease. It transpires that almost contemporaneously with the beginning of the lease, the English Society (hereinafter referred to as the head-lessee) leased out the property to the defendants (hereinafter referred to as the under-lessees) for the very same period. Under the lease deed ...
K. Palanichamy Vs. Canara Bank, Represented by Its Custodian and anr.
Court: Chennai
Decided on: Apr-20-1977
Reported in: (1977)2MLJ474
ORDERG. Ramanujam, J.1. The petitioner herein was appointed as an Agriculture Extension Officer by the first respondent-Bank, under a special contract of service, dated 1st May, 1970. According to the contract, the appointment will be for a period of 2 years on a fixed monthly remuneration of Rs. 350.00. Clause 3 of the said contract says that even during the period of 2 years, the petitioner may resign or terminate the contract by giving three months' notice in writing addressed to the General Manager of the Bank or his services may be terminated by the Bank by giving him three months' notice in writing, or as a consequence of disciplinary action tinder the provisions of Chapter XI of the Canara Bank Limited Service' Code (hereinafter referred to as the Code). By an order, dated 3rd February, 1971, the first respondent bank, terminated the services of the petitioner with effect from 4th February, 1971 as per the said Clause 3 on payment of three months' salary in lieu of notice as con...
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