Chennai Court June 1977 Judgments
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Shadiram and Sons Vs. Southern Aviation Private Ltd.
Court: Chennai
Decided on: Jun-15-1977
Reported in: [1978]48CompCas570(Mad)
Ramaprasada Rao, J. 1. This appeal is directed against the judgment and decree of Sethuraman J., who refused to wind up a company which was sought to be wound up on an application filed by the appellant as petitioning creditor on the only ground that the respondent-company is unable to pay its debts. The appellant-firm is a partnership. It seeks the winding up of a private limited company. The promoters of the company were S. K. Somani and his wife, Hemalatha. His two brothers, N. K. Somani and M. K. Somani, are the directors of the respondent-company. They vacated at one particular point of time since they did not have the requisite qualifications to hold the office. The case of the petitioning creditor as disclosed in the petition is as follows: In or about January, 1971, S. K. Somani, one of the promoters of the respondent-company started a business under the name and style of 'Shadiram and Sons' as guardian of his minor son. This firm at some point of time, due to certain civil pro...
Canara Bank Vs. Indian Bank and anr.
Court: Chennai
Decided on: Jun-15-1977
Reported in: (1978)1MLJ346
Ramaprasada Rao, J.1. The controversy in this appeal is due to conflicting claims made by the Indian Bank, Madras and the Canara Bank, Madras, both of which are as on date nationalised banks. Manasuba and Co., (P.) Ltd., (in liquidation), was admittedly functioning under the managing directorship of one C.V. Raman who, as is not disputed before us, was the ace-mover of this company and the author of the various transactions in which this company was involved. It is common ground that on representations which ultimately turned out to be false and fraudulent, the managing director, C.V. Raman who was dealt with under the criminal law borrowed almost simultaneously on the hypothecation or pledge of the same goods in the same godown from both the banks as above. The modus operandi by which the managing director was acting was noticed by this Court in an earlier case reported in Official Liquidator v. Commissioner of Police I.L.R. (1969) Mad.559, and it is unnecessary to recapitulate the mi...
A. Gangadharan Vs. Government of India, Represented by the Under Secre ...
Court: Chennai
Decided on: Jun-13-1977
Reported in: (1978)IILLJ317Mad
ORDERG. Ramanujam, J.1. The second respondent, herein is a firm carrying on the business of publication of two medical journals ' Antiseptic ' and ' Health ', at No. 323-24, Thambu Chetty Street, G.T. Madras-1, from the year 1904. It is also running a printing press under the name of Antiseptic Press at No. 10, Thambu Chetty Street, G.T., Madras-1, which was established in the year 1932. The printing press has been brought under the scope of the Employees' Provident Funds and Family Pension Fund Act, 1952 (hereinafter referred to as the Act) from the year 1961. The petitioner herein who is a clerk employed in connection with the publication of the two medical journals at No. 323-24, Thambu Chetty Street, G.T. Madras-1, sought the extension of the provisions of the said Act to the said office at No. 323-24, Thambu Chetty Street, G.T. Madras-1 on the ground that both the printing press and the administrative office are integrated and inseparable units. The Regional Provident Fund Commiss...
S.Y. Venkateswaralu Vs. the Director General of Ordnance Factories and ...
Court: Chennai
Decided on: Jun-13-1977
Reported in: (1978)1MLJ13
ORDERG. Ramanajum, J.1. The petitioner herein was an Assistant Cashier in the Cordite Factory, Aruvankadu, Nilgiris. In April, 1963, the Cumulative Time Deposit Scheme was introduced in the Factory and one Radhakrishnan, an Assistant Cashier, was in charge of that scheme. The petitioner was asked to attend to the work relating to the scheme on 8th January, 1964 after relieving the said Radhakrishnan. After the petitioner took over the work relating to the said scheme, certain irregularities and shortages of funds had been noted. In relation to those shortages and irregularities charges have been framed against the petitioner as well as five others.2. So far as the petitioner is concerned, the charge memo. was served on him setting out as many as six charges. The said charges related to defalcation by the petitioner of huge amounts while he was in charge of the said scheme. The charge memo. was served along with a memo., dated 5th June, 1969. In that memo., the petitioner was informed t...
V.K. Margachari and anr. Vs. M.R. Krishnaswami Mudaliar and anr.
Court: Chennai
Decided on: Jun-13-1977
Reported in: (1978)1MLJ74
G. Ramanujam, J.1. This appeal arises out of an order of the lower Court dismissing an application filed by the appellants herein under Section 47 of the Code of Civil Procedure wherein they sought for a declaration that the Court sale held on 7th July, 1975 in E.P. No. 17 of 1975 in O.S. No. 295 of 1972 on the file of the Sub-Court, Vellore, is void and inoperative.2. The appellants herein, father and son respectively, are the judgment-debtors under a mortgage decree in O.S. No. 295 of 1972 on the file of the Sub-Court, Vellore. The first respondent herein is the decree holder and the second respondent is the Court auction-purchaser of the mortgaged property in execution of the mortgage decree, dated 31st October, 1974 in a Court sale held on 7th July, 1975 in E.P. No. 17 of 1975. In the execution petition, the Court had ordered notice to the appellants and they entered appearance through their counsel on 26th February, 1975 and sought time till 5th March, 1975 for filing their object...
A. Gangadharan Vs. the Government of India, Represented by the Under S ...
Court: Chennai
Decided on: Jun-13-1977
Reported in: (1978)1MLJ365
ORDERG. Ramanujam, J.1. The second respondent, herein is a firm. carrying on the business of publication of two medical journals 'Antiseptic'' and 'Health', at No. 323-24, Thambu Chetty Street, G.T. Madras-1, from the year 1904. It is also running a printing press under the name of Antiseptic Press at No. 10, Thambu Chetty Street, G.T. Madras-1, which was established in the year 1932. The printing press has been brought under the scope of the Employees' Provident Funds and Family Pension Fund Act, 1952 (hereinafter referred to as the Act) from the year 1961. The petitioner herein who is a clerk employed in connection with the publication of the two medical journals at No. 323-24, Thambu Chetty Street, G.T. Madras-1, sought the extension of the provisions of the said Act to the said office at No. 323-24, Thambu Chetty Street, G.T. Madras-1 on the ground that both the printing press and the administrative office are integrated and inseparable units. The Regional Provident Fund Commission...
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