Chennai Court October 1980 Judgments
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T.K. Narayana Pillai Vs. Naganatha Iyer
Court: Chennai
Decided on: Oct-24-1980
Reported in: AIR1981Mad196
1. This is a second appeal from the judgment of the learned Subordinate Judge of Mayuram allowing A. S. No. 109 of 1975 and reversing the judgment and decree of the learned District Munsif of Sirkali in O. S. No. 741 of 1974.2. The suit was instituted by the appellant against the respondent herein for eviction of the respondent from the buildingwhich the respondent had taken on lease on a monthly rent of Rs. 25. The respondent, as defendant, contended inter alia that he is entitled to the benefits of the Tamil Nadu Occupant Kudiyiruppu (Conferment of Ownership) Act, 1971 (Act 40 of 1971-to be hereafter referred to as the Act). He also contended that there was a fresh tenancy arrangement between him and the plaintiff on 6-8-1974 and that there was no valid notice to quit.3. The learned District Munsif found that there was no such fresh tenancy arrangement between the plaintiff and defendant on 6-8-1974, as pleaded by the defendant and that the notice to quit is proper and valid. He furt...
Devaraja Pillai and anr. Vs. K.R. Purushothama Chettiar and ors.
Court: Chennai
Decided on: Oct-24-1980
Reported in: (1981)1MLJ462
ORDERP. R. Gokulakrishnan, J.1. This revision petition arises out of an order passed in E.A. No. 249 of 1977.2. E.A. No. 249 of 1977 is a petition to remove the obstruction and deliver vacant possession of the property to the respondents herein. Originally the respondents herein obtained a decree in O.S. No. 137 of 1975 for possession of the suit land, as early as 28th October, 1976. E.P. No. 27 of 1977 was filed for taking delivery of the land decreed in favour of the respondent herein. This was obstructed by the petitioners herein along with others. Hence, the respondents herein filed E.A. No. 249 of 1977 against the present petitioners and also two other obstructors. The petitioners herein contended that they are in possession of a portion of the suit land in their capacity as tenants under R.W. 2. The first petitioner herein examined himself as R.W. 1 and the person under whom the petitioners state that they are the tenants, was examined as R.W. 2. R.W. 2 claimed that he has got a ...
The Tamil Nadu Wakf Board, by Its Secretary Having Its Office at No. 4 ...
Court: Chennai
Decided on: Oct-23-1980
Reported in: (1981)1MLJ220
S. Suryamurthy, J.1. This is a second appeal against the learned Third Additional Subordinate Judge of Tiruchirapalli, allowing A. S. No. 196 of 1976 and reversing the judgment and decree of the learned Third Additional District Munsif, Tiruchirapalli in O. S. No. 1676 of 1973. The suit was instituted by the appellant (Tamil Nadu Wakf Board, by its Secretary) for a declaration of title and recovery of possession of an extent of 9 X 17 comprised in Door No. 26 situate in ward No. 4 Block No. 2 T. S. No. 44 in Tennur Village, Tiruchirapalli Taluk, on the allegation that the property belongs to the wakf known as Fathahulliah Saheb Dargah Wakf alias Zainullbideen Aulia Dargah, Tennur, Tiruchy, and was wrongfully alienated by the muthavalli.2. The defendant contended that the property is not a wakf property and that the suit is barred by limitation.3. The learned District Munsif decreed the suit with costs as prayed for. The learned Third Additional Subordinate Judge, Tiruchirapalli, howeve...
Management of Enfield India Limited Vs. Second Additional Labour Court ...
Court: Chennai
Decided on: Oct-22-1980
Reported in: (1981)IILLJ287Mad
1. The management of the Enfield India Limited, Madras is the petitioner in the above two writ petitions. W.P. No. 1243 of 1978 is to quash the order dated 27-12-1977 passed by the Labour Court, Madras, while W.P. No. 1242 of 1978 is to quash the award passed by the Labour Court on 24-1-1978. The facts of the case may be briefly set out as follows. One Mohan, the second respondent herein, was employed in Salvage Department of the petitioner-management. On 24-3-1976 at about 3-15 p.m. when the Senior Engineer Mr. Rajagopal asked one workman Jesudoss to carry out the work of filing of clutch plates Mohan intervened and shouted using vulgar language against the workers and the management. The conduct of the second respondent prevented the work being completed. As a result the management served a show-cause notice to Mohan calling upon him to show cause why disciplinary action should not be taken against him. A domestic enquiry followed. In the domestice enquiry Mohan was given every oppor...
V. Ramagopal and ors. Vs. Y.V.S. Siva Kumar and ors.
Court: Chennai
Decided on: Oct-22-1980
Reported in: AIR1981Mad228
1. All these appeals arise out of the same order of Mohan J. quashing the selection of appellants for admission to the M. S. Degree Course (General Surgery) in the Madras Medical College for the academic year 198081, and directing reconsideration of the case of the petitioner in W. P. No. 3543 of 1980 who is the first respondent in all these Writ Appeals for admission to the M. S. (General Surgery) Degree Course in the Madras Medical College. The appellants herein were respondents 4 to 8 in the said Writ Petition and their selection to M. S. Degree Course in the Madras Medical College was challenged by the writ petitioner and the said challenge has been upheld by Mohan, J. Aggrieved against the order setting aside their selection to the M. S. Degree Course and directing reconsideration of the question of selection, the appellants have come before us in these appeals.2. Though the said writ petition was disposed of along with a batch of other writ petitions 3318/80 etc. Which deal with ...
Commissioner of Income-tax, Coimbatore Vs. Kasturi Mills Ltd.
Court: Chennai
Decided on: Oct-21-1980
Reported in: [1981]129ITR12(Mad)
Ramaswami, J. 1. The following question is sought to be referred in this matter : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the sum of Rs. 6,53,463 representing the cost of modernisation of the mills' machinery can be said to be in the nature of revenue expenditure and should, therefore, be allowed as a deduction in computing the income of the assessee for the assessment year 1974-75 ?' 2. We find that the decision of the Tribunal is based completely on facts and no question of law as such arises. The learned counsel for the revenue while conceding that individual items of expenditure which are held as revenue may be revenue expenditure contends that if one considers the entirely of the expenditure as a whole it will be a capital expenditure. We are unable to agree with this line of reasoning. Once individual items can be considered as revenue, the sum total of it cannot be treated as capital. The assessee himself ...
N. Jayaraman Vs. Glaxo Laboratories India Ltd., Madras
Court: Chennai
Decided on: Oct-21-1980
Reported in: AIR1981Mad258
ORDER1. An interesting question regarding the maintainability of the application filed by the respondent herein under Order 9, Rule 13, C. P. C. arises for decision in this civil revision petition. The plaintiff in 0. S. No. 10813 of 1977. on the file of the VIII Asst. Judge. City Civil Court. Madras is the petitioner in this civil revision petition, which is directed against the order of the court below allowing an application in I. A. Xo. 1983 of 1979 in 0. S. No. 10813 of 1977. filed by the respondent herein under Order 9, Rule 13. C. P. C. The petitioner sought to recover a sum of Rs. 10817.90 against the respondent herein on the basis of an agreement dated 11-5-1977, entered into between the respondent company and the medical representatives. The suit was instituted on 21-12-1977 and posted on 18-21978 for first hearing. Thereafter. on 28-7-1978, the suit was posted for the filing of a written statement by the respondent. On that day. the written statement was not filed by the res...
L. Rajan Vs. Muthusami Naidu and anr.
Court: Chennai
Decided on: Oct-21-1980
Reported in: AIR1981Mad285
ORDER1. This civil revision petition raises a question of limitation at the instance of the auction purchaser of an extent of about 0.05 1/2 cents in S. F. No. 663/1, Telungupalayam, within Coimbatore Municipality, in execution of the decree in 0. S. No. 1176 of 1975, District Munsif Court, Coimbatore in E. P. 118 of 1976. The first respondent is the decree holder and the second respondent is the judgment-debtor in 0. S. No. 1176 of 1975. In execution of the decree obtained by the first respondent against the second respondent, the property referred to earlier was brought to sale and in the auction held on 3-1-1977, the petitioner was the highest bidder for a sum of Rs. 5050 and deposited one-fourth of the sale amount on 3-1-1977, and the balance on 17-1-1977. On 10-2-1977, the sale in favour of the petitioner was also confirmed. There after, the petitioner found out that the same property was sold in another court auction previously in E.P.R. No. 2 of 1976 in 0. S. 435 of 1975 on 11-1...
Thillai Vazhandanar Annapalippu Nidhi Tirupanandal Vs. State of Tamil ...
Court: Chennai
Decided on: Oct-21-1980
Reported in: AIR1981Mad211
ORDER1. Thillavazh Andanar Annam Palippu -Nidhi, a trust represented by its trustee, is the petitioner in this Civil Revision petition, which is directed against the order of the Land Tribunal (District Revenue Officer), Thanjavur, holding that the trust in question is entitled to hold only 5 standard acres under Section 5 (1) (d) (ii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 58 of 1961 as amended by Act 37 of 1972 (hereinafter referred to as the Act). The trust in question had been created 'by the Head of Thirupparmandal Mutt Sri-la-Sri Kasivasi Muthukumaraswami Thambirari, under a deed of trust dated 16-7-1954 and the trust held agricultural lands of an extent of 199-33 ordinary acres equivalent to 185-23 standard acres as on 1-3-1972 in Ukkarai Village, Kumbakonamtaluk. The Head of the Mutt has been constituted the trustee of this trust. Proceedings under the Act were initiated against the trust by the Authorised Officer (Land Reforms). In response to a noti...
Thillaivazh Andanar Annam Palippu Nidhi Represented by Trustee, His Ho ...
Court: Chennai
Decided on: Oct-21-1980
Reported in: (1981)1MLJ405
V. Ratnam, J.1. Thillaivazh Andanar Annam Palippu Nidhi, a trust represented by its trustee, is the petitioner in this Civil Revision Petition, which is directed against the order of the Land Tribunal (District Revenue Officer), Thanjavur, holding that the trust in question is entitled to hold only 5 standard acres under Section 5(1) (d) (ii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, LVIII of 1961 as amended by Act XXXVII of 1972(hereinafter referred to as the Act). The trust in question had been created by the Head of Thiruppannandal Mute Sri-la-Sri Kasivasi Muthukumarasami Thambiran, under a deed of trust, dated 16th July, 1954 and the trust held agricultural lands of as extent of 1933 ordinary acres equivalent to 185 21 standard acres as on 1st March, 1972 in Ukkadai Village, Kumbakonan taluk. The Head of the Muit has been constituted the trustee of this trust. Proceedings under the Act were initiated against the trust by the Authorised Officer (Land Reforms)...
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