Chennai Court February 1980 Judgments
Dunlop India Limited, Represented by Its Manager (Taxation), T.K. Rama ...
Court: Chennai
Decided on: Feb-13-1980
Reported in: 1980CENCUS560D
ORDERM.M. Ismail, C.J.1. The petitioner is a public limited company engaged in the manufacture and sale of automobile types and other rubber products: The petitioner-company imported raw materials, one such being what is known as V.P. Latex. This raw material imported by the petitioner was subjected to customs duty under Item 87 of the First Schedule to the Tariff Act, 1934. The petitioner claimed that the raw material in question would fall under Item 39. But the customs authorities did not accept the contention. Item 39 read:Rubber, rawItem 87 read;All other articles not otherwise specified, including articles imported by post.Thus, the action of the customs authorities was not to treat the article in question as 'rubber raw' but to treat it as one falling under the residuary item, namely, item 87. This has been going on, as far as the Madras Port is concerned, for several years from 1964 to 1972. In 1969, the branch office of the petitioner at Calcutta received a consignment of V.P....
Tag this Judgment!Tamarakulam Vellala Samudhayam, Arya Kulasekhara Nangai Amman Temple T ...
Court: Chennai
Decided on: Feb-13-1980
Reported in: (1980)2MLJ358
V. Sethuraman, J.1. This appeal has been filed by the plaintiff in O.S. No. 119 of 1971 in the Court of the Subordinate Judge of Nagercoil. The suit was for a declaration that the Thamarakulam Vellala Samudhaya Arya Kulasekhara Nangai Amman Temple Trust is a denominational Trust belonging to the Vellala Samudayam Community residing in Thamarakulam Village, and for a permanent injunction restraining the State of Tamil Nadu and the Commissioner, Hindu Religious and Charitable Endowments, from interfering with the management. There was also a prayer for restraining the defendants from realising any dues or collection from the Trust properties or from disturbing the possession of the properties in the hands of the Trustees.2. It was stated in the plaint that the Trust owns temple, movable and immovable properties. The management of the temple and the administration of its properties were alleged to be in the hands of the 'Samudayam' through the elected representatives of the community. It ...
Tag this Judgment!K. Chelliah Vs. the Industrial Finance Corporation of India and anr.
Court: Chennai
Decided on: Feb-13-1980
Reported in: (1980)2MLJ206
ORDERV. Ramaswami, J.1. This is a petition for the issue of a writ of certiorari to quash the order of the respondents dated 17th October, 1977, compulsorily retiring the petitioner from service under Regulation 33 of the Staff Regulation of the Industrial Finance Corporation of India.2. The petitioner was appointed as a clerk of the Industrial Finance Corporation of India, hereinafter called the Corporation by an appointment order dated 18th May, 19SO, issued by the Manager of the Corporation at Madras. He joined duty at the Madras Office of the Corporation on 1st June, 1950, He was promoted as Inspector in 1961. When he was due for promotion as Manager, there were certain disciplinary proceedings against him which ultimately ended in an order of dismissal in May, 1965. This order of dismissal was confirmed in appeal on 26th November, 1969. The petitioner questioned the validity of this order and prayed for a writ of certiorari in this Court in Writ Petition No. 1162 of 1970. This wri...
Tag this Judgment!Balasubramaniam Roadways (Firm), Dindigul Vs. State of Tamil Nadu and ...
Court: Chennai
Decided on: Feb-12-1980
Reported in: AIR1980Mad318; (1980)1MLJ517
ORDER1. The short facts leading to this writ petition are as follows: The State Transport Authority, Madras, pursuant to Government D. 0. No. 114321/ Transport/VII-77-78 Home, dated 22-41978, has issued a circular No. 6/79 dated 25-1-1979: in RC No. A. 1/77110/78 to all the Regional Transport Authorities, Officers of the State Transport department and the Managing Directors of all State Transport undertaken in the following manner:-''the matter has been examined in the light of the legal provisions. There is no need to hold' conference when a new route is opened or additional bus or buses or trips are introduced on existing routes either under Chapter IV or Chapter W-A of the Motor Vehicles Act. The Regional Transport Authority or the State Transport Authority can fix suitable timings with reference to the timings of other operators on the same route or over-lapping sectors. A timing conference can be held later, if there is any objection by any operator. All the Regional Transport off...
Tag this Judgment!W.B. Correya Vs. the Deputy Managing Director, (Tech.) Indian Airlines ...
Court: Chennai
Decided on: Feb-12-1980
Reported in: (1980)2MLJ134
ORDERS. Mohan, J.1. The short facts leading to the writ petition are as follows. The petitioner was employed as a Flight Steward in the Madras Region of the Indian Airlines. On 20th July, 1973 the following three charges were, framed against him in respect of an alleged misconduct in the Operations Offices and Departure Leunge on the 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 Leunge, where passengers were seated, by shouting and using abusive and threatening language towards Capt. Pereira.Concerning these three charges, a charge memo was served on the petitioner to which he filed his explanation on 30th July, 1973 and a further detailed explanation was furnished on the 28th of August, 1973. ...
Tag this Judgment!Vasudevan Vs. Ramachandran
Court: Chennai
Decided on: Feb-12-1980
Reported in: (1980)1MLJ534
V. Balasubrahmanyan, J.1. A building bearing Door No. 24, Kaseem Ali Street, Triplicane, Madras, originally belonged to one Jayammal. In 1965, she settled this property jointly in favour of her daughter Prema and her son Vasudevan. Subsequently, in 1967, Prema died, leaving two children of hers as her heirs. In consequence, the building came to be jointly owned by Vasudevan and his sister's children. The building was under the occupation of one Ramachandran as a tenant. Vasudevan, however, required the building for purposes of personal occupation. He consequently applied to the Rent Controller for an order evicting the tenant from the premises under Section 10(3)(a)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The tenant resisted the eviction proceedings on the score that one Radhakrishnan was the person to whom he was paying rent and Vasudevan was not entitled to demand or receive rent from him. The Rent Controller negatived this contention. Addressing himself to...
Tag this Judgment!D. Kannan Vs. Southern Roadways and anr.
Court: Chennai
Decided on: Feb-11-1980
Reported in: AIR1981Mad144
ORDER1. Kannan, the petitioner, was involved in a road accident in which he was knocked down by a motor vehicle belonging to the Southern Roadways. The accident happened on 21-4-1976. Kannan sustained injuries as a result of the accident. The injuries were as follows one tooth was broken and other teeth began shaking. There was a head injury. There was a fracture of the head bone. There were other multiple injuries in the body. The petitioner filed a petition under Section 110-A of the, Motor Vehicles Act, before the Motor Accidents Claims Tribunal, complaining that the lorry belonging to the Southern Roadways was driven in a rash and negligent manner resulting in his being knocked down and sustaining multiple injuries. He claimed in this petition an aggregate compensation of Rs. 8,000 under various heads, In his petition he described in detail the nature of the several injuries which he sustained in the accident. However, when it came to asking for compensation under r1amed heads of c...
Tag this Judgment!S. Hidyathullah Vs. the Joint Secretary to the Government of India, Mi ...
Court: Chennai
Decided on: Feb-11-1980
Reported in: 1980CENCUS535D
ORDERM.M. Ismail, C.J.1. This is an appeal against the order of V. Ramaswami, J., dated 13th December 1979 dismissing W.P. No. 2006 of 1977 filed by the appellant herein. There is a fairly long history spread over nearly two decades and for the purpose of the disposal of this writ appeal, it is necessary to refer to the same very briefly. The appellant herein is carrying on business in the manufacture and sale of bidis and cheroots under the name and style of M/s. Speed Lover Bidi Company and he had been stocking beedi tobacco and cheroot tobacco in five warehouses in different streets at Travellore under the licences granted by the Central Excise authorities at Madras. The annual stock taking of the materials in the warehouses took place on 30-9-1961. Two of the Inspectors of the Excise Department attached the Collector's office at Madras inspected the warehouses on 15-10-1961, 16-10-1961 and 17-10-1961 and checked the stock and continued the same till 21-10-1961. As a result of the v...
Tag this Judgment!S. Sajjar Rao, S. M. Ramakrishna Rao and Co. Vs. the Kothari Textiles, ...
Court: Chennai
Decided on: Feb-11-1980
Reported in: (1981)1MLJ202
V. Sethuraman, J.1. This appeal has been filed by the plaintiff in O. S. No. 8837 of 1972. The suit came to be filed in the following circum stance. The plaintiffs by name Messrs. S. Sajjan Rao. S. M. Ramakrishna Rao and Co., were the selling agents for Lakshmi Vishnu Cotton Mills Limited, Sholapur for the Madras City and other areas. It was stated that on account of the goods sold to the defendants, a sum of Rs. 1,593.67. was due and owed by the defendants to the Mills and that on 27th July, 1969, the Mill drew a bill of exchange on the defendants in the Sight Draft No. 2524 for Rs. 1,593-67. The 'drawee in case of need' in that bill was said to be the plaintiffs. The goods were despatched by Lakshmi Vishnu Cotton Mills from Sholapur to the defendants and the relevant documents ware sent through a bank. The defendants dishonoured the bill and the amount was alleged to have been adjusted in the accounts of the mills in the folio for the plaintiffs in December, 1970. The plaintiffs, the...
Tag this Judgment!Union of India Vs. Bank of India and ors.
Court: Chennai
Decided on: Feb-08-1980
Reported in: [1981]130ITR486(Mad)
Ramanujam, J.1. These two appeals arise out of a common judgment dated September 13, 1974, rendered but he Sub-Court, Nilgiris, at Ootacamund in O.S. No. 53 of 1971 on its file. A.S. No. 206 of 1976 has been filed by the plaintiff in the suit and A.S. No. 885 of 1975 has been filed by the 7th defendant therein. 2. Bank of India as the plaintiff filed the said Suit O.S. No. 53 of 1971 for he recovery of a sum of Rs. 1,98,746.70 with interest thereon at 10 1/4% per annum from defendants Nos, 1 to 3 and, 5 a sum of Rs. 1,71,399.67, out of the said sum 1,98,746.70 with interest at 10 1/4% per annum from the 4th defendant, a sum of Rs. 1,32,395.52 with interest thereon at 10% per annum from the 6th defendant and in default of payment by the 6th defendant direct the sale of the mortgaged properties, more fully set out in the second schedule to the plaint and for the a decree for specific performance directing the 5th defendant to execute and register a mortgage deed in favour of the plaintif...
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