Chennai Court July 1978 Judgments
G. Vasantha Pai Vs. C.K. Ramaswamy and anr.
Court: Chennai
Decided on: Jul-05-1978
Reported in: AIR1978Mad342
ORDERV. Ramaswami, J.The petitioner had been a Member of the Tamil Nadu Legislative Council from June 1969 to April 1976. In the biennial election held on 9-4-1978, he was by a Notification dated 11-4-1078,made by the Returning Officer, declared to have been duly elected to fill one of the seats from Madras District Graduates Constituency for the Legislative Council of Tamil Nadu. In pursuance of Section 74 of the Representation of the People Act, 1951, the election of the petitioner was notified in the Tamil Nadu Government Gazette Extraordinary dated 21-4-1978. On such notification under Section 74, the petitioner had become a Member of the Legislative Council and his term of office as such Member began on and from 21-4-1978, as contained in the provision of Section 157 of the Representation of the People Act. Though he had thus become a Member by virtue of the declaration and notification of the result under Section 74, Article 188 of the Constitution required that he shall before t...
Tag this Judgment!C.M.K. Ramu Mudaliar Vs. Kanthamani Natarajan and anr.
Court: Chennai
Decided on: Jul-05-1978
Reported in: (1979)1MLJ346
V. Balasubrahmaniyan, J.1. The question which arises in this Second Appeal is whether there was a valid notice terminating the appellant's tenancy of a non-residential building. The evidence showed that the owners of the building had directed their notice to this very address by prepaid registered post, but it was returned unserved. According to the postal endorsements on the returned cover, either the appellant was not found in the premises or the permises were found locked, whenever the postman called. On these facts, the trial Court held there was no service of the notice at all. On appeal, the appellate Court reversed this finding. It held that these facts were sufficient in themselves to raise a presumption in law that the service of notice in this case was valid and complete.2. The suit in which this question has arisen is a suit in ejectment of a tenant. It need hardly be said that such a suit can be decreed only where the landlord is able to establish that prior to the suit he ...
Tag this Judgment!The United India Fire and General Insurance Company Limited Unit Madra ...
Court: Chennai
Decided on: Jul-05-1978
Reported in: (1979)1MLJ487
M.M. Ismail, J.1. The third defendant in O.S. No. 140 of 1969 on the file of the Court of the Subordinate Judge, Vellore is the appellant herein. The first respondent, viz., Union of India owning the Southern Railway by its General Manager, Park Town, Madras-3, instituted the suit for recovery of a sum of Rs. 18,323-19 being the damages incurred under the following circumstances: The Southern Railway owned one tractor with attached trailer bearing registration mark MYD 8748. It was the product of Ashok Leyland and was bought for Rs. 72,000. In 1967, the Railway was. laying a railway line between Salem and Bangalore. This tractor was used in the project for transporting rails : On 21st December, 1967, the tractor was on its way to Chandapur with a load of 25 rails. While so, one Deccan Express Bus came in the opposite direction. The allegation of the first respondent plaintiff in the plaint was that the lorry bearing registration mark MDJ 3588, which was owned by the first defendant (2n...
Tag this Judgment!Union of India and anr. Vs. P. Maruthai Pillai and anr.
Court: Chennai
Decided on: Jul-04-1978
Reported in: AIR1979Mad207
1. These are two appeals directed against the order of Ramaprasada Rao, J. (as he then was) in WPs. 800 and 1099 of 1971, allowing the same on 12-10-1973. For the purpose of understanding the controversy that arises in the writ appeals, it is necessary to refer to certain facts. Sugar industry is a seasonal industry and almost the entire sugar is produced within a period of five to six months between December and April or May. To ensure equitable distribution of available supplies throughout the year, the sale of sugar by factories is regulated by monthly release in exercise of the powers conferred by Cl. 4 of the Sugar Control Order, 166, made under S. 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955) (hereinafter referred to as the Act). The policy of the Government with reference to the regulation to be imposed on the sale, distribution and price of the sugar differ from time to time depending upon the total acreage under sugarcane cultivation and the yield of sugarc...
Tag this Judgment!Jayanthi Talkies Distributors Vs. Commissioner of Income-tax
Court: Chennai
Decided on: Jul-03-1978
Reported in: [1979]120ITR576(Mad)
Ramanujam, J.1. The following question has been referred to us under Section 256(1) of the I.T. Act, 1961 (hereinafter referred to as 'the Act'), for our opnion at the instance of the assessee :' Whether the notice dated March 25, 1967, issued under Section 148 was validly served on the assessee '2. The assessee-firm consisting of five partners, (1) Shri P. Kandaswamy Pillai, (2) Shri C. Palani Velayutham Pillai, (3) Shri P. Alagam Perumal, (4) Shri S. Marimuthu and (5) Shri S. Somasundaram Pillai, was constituted with effect from May 25, 1957, for carrying on the business of film distribution. Clause (iv) of the partnership deed provided that Shri Kandaswami Pillai should manage the affairs of the partnership as its managing partner.3. The firm was assessed for the first time for the assessment year 1959-60 on a total income of Rs. 73.935. As against the said assessment, the assessee preferred an appeal. In that appeal, the AAC directed the deletion of Rs. 72,500 on the ground that th...
Tag this Judgment!income-tax Officer, Assessment Ii and anr. Vs. Fagoomal Lakshmi Chand ...
Court: Chennai
Decided on: Jul-03-1978
Reported in: [1979]118ITR766(Mad)
Koshal, J. 1. The cross-objections filed by the respondent No. 1 were dismissed for fault. According to Rule 22 of the Income-tax (Appellate Tribunal) Rules, 1963, all rules relating to appeals, so far as may be, are made applicable to cross-objections. Therefore, the cross-objections could be restored under Rule 24 of the said Rules which gives power to the Tribunal to order such restoration, if satisfied that there was sufficient cause for the earlier non-appearance of the party at fault. No illegality thus attaches to the order of restoration which in effect appearsto be eminently just. The appeal filed by the petitioners being undoubtedly in connection with the cross-objections, the order deciding it ex parte has also to be set aside, the Tribunal having inherent power to do so....
Tag this Judgment!Indian Airlines and ors. Vs. W.B. Correya
Court: Chennai
Decided on: Jul-03-1978
Reported in: (1978)IILLJ437Mad
Ismail, J.1. This is an appeal by the respondents in W. P. No. 4153 of 1974 against the judgment and order of our learned brother Ramanujam, J., dated 22nd July, 1976, allowing the writ petition and quashing the order of the first and second appellants herein. The facts are within a very short compass. The respondent herein was employed as Flight Steward m the Madras Branch of the Indian Airlines. On 24-7-1973, the following three charges were framed against him in respect of his alleged conduct in Operations Officers and departure lounge on 19-7-1973 :(i) even though not on duty, he was found in the above offices appearing to be under the influence of liquor :(ii) 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 ; and(iii) he created a scene in the depature lounge, where passengers were seated, by shouting and using, abusive and threatening language towards Capt. Pere...
Tag this Judgment!The Deputy Managing Director (Tech) Indian Airlines, airlines House an ...
Court: Chennai
Decided on: Jul-03-1978
Reported in: (1979)1MLJ259
M.M. Ismail, J.1. This is an appeal by the respondents in W.P. No. 4153 of 1974 against the judgment and order of our learned brother Ramanujam, J., dated 22nd July, 1976, allowing the Writ Petition and quashing the orders of the first and second appellants herein. The facts are within a very short compass. The respondent herein 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:(i) even though not on duty, he was found in the above offices appearing to be under the influence of liquor;(ii) 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; and(iii) he created a scene in the Departure Lounga, where passengers were seated, by shouting and using abusive and threatening language towar...
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