Chennai Court July 1980 Judgments
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Anglo French Textiles Ltd., Pondicherry Vs. Labour Court Pondicherry a ...
Court: Chennai
Decided on: Jul-22-1980
Reported in: (1982)IILLJ240Mad
M.M. Ismail, C.J.1. This is an appeal against the Judgment of V. Ramaswami, J., dated 17th December, 1979, dismissing Writ Petition No. 6083 of 1979 filed by the appellant herein. As the order of the learned Judge itself points out, the only point that was urged before him was whether incentive wages formed part of 'wages' as defined in the Payment of Gratuity Act, 1972. The definition of the term 'wages' as contained in S. 2(s) of the Payment of Gratuity Act, 1972, reads as follows : 'Wages' means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance, but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance'. Thus, it it clear that the definition excludes only bonus, commission, house rent allowance, overtime wages and any other allowance and not incentive wages. Consequently, r...
Abdul Jabbar Vs. Muniammal
Court: Chennai
Decided on: Jul-22-1980
Reported in: AIR1981Mad112
Ramanujam, J.1. This appeal arises out of an award passed by the Motor Accidents Claims Tribunal. harmapuri. at Krishnagiri, in M. A. C. T. 0. P. No. 6 of 1972.2. On 29th September 1971, at about 8-30 1). m. the lorry MYA 1065 proceeding towards east between Kilorhetres 10 and I I on Krisbanagiri Madras road dashed against a stationary lorry parked on the left margin of the road and this resulted in certain injuries to the appellant herein who was a cloth merchant at Krishanagiri and who travelled in the lorry along with a bundle of textile goods. On the ground that the accident took Place due to the rash and negligent driving of the lorry by its driver. he filed a claim for comnensation of Rs. 50.000 before the Motor Acciden!s imsbunal. Dharmanuri.3. His specific case in the claim petition was that he used to visit various places to do cloth business, that on the~ night in question he was waiting at, Krishnagiri with a bundle of textiles to go to Natrampalli to do his business there o...
The Kumbakonam Municipal Council, by Its Chairman Vs. Poonachi Alias H ...
Court: Chennai
Decided on: Jul-22-1980
Reported in: (1980)2MLJ378
ORDERV. Ratnam, J.1. This Civil Revision Petition is at the instance of the Kumbakonam Municipal Council questioning the correctness of the order of the Court below dismissing an application filed by it under Order 34, Rule 5, Code of Civil Procedure, on the ground that the petition is barred by time. The petitioner instituted O.S. No. 446 of 1973, District Munsif's Court, Kumbakonam, for the recovery of arrears of property tax. According to the petitioner, a house in Pothamarai South Street, Kumbakonam town, belongs to the respondent and has also been assessed in her name. For the two half years 1971-72 and two half years 1972-73, the tax had remained unpaid in a sum of Rs. 2,345.20 p. and in spite of demands made by the petitioner, the respondent did not pay the same. Claiming that the house tax is a charge over the property under Section 85 of the Tamil Nadu District Municipalities Act and, therefore, the petitioner is entitled to collect the amount personally and also on a charge o...
The State of Tamil Nadu Through the Director of Fire Service Vs. M.N. ...
Court: Chennai
Decided on: Jul-22-1980
Reported in: (1981)1MLJ17
Ramanujam, J.1. This appeal arises out of an award passed by the Motor Accidents Claims Tribunal, Madurai, in M. A. C. O. P. No. 160 of 1971 on its file.2. On 2nd December, 1970 at about 3. 45 P. M. one Naina Mohammed was going in his motor cycle, M. D. A. 7826 from east to west in Tamil Sangam Road, Madurai Town, with three boys on the pillion of the motor cycle. At that stage, the Madras Fire Service Ambulance van, M. S. M. 2103 driven by one Diraviam Paul and owned by the State of Tamil Nadu through the Director of Fire Services, came in the opposite direction and it hit against the motor cycle violently, with the result all the riders in the motor cycle were thrown away resulting in serious injuries. The injuries sustained by Naina Mohammed proved fatal later on at 3 A. M, on 3rd December, 1970 when he was carried to the hospital for treatment. Alleging that the driver of the van drove it in a rash and negligent manner and that the accident was solely due to his driving the vehicle...
Manicka Gramani Vs. V. Venkateswara Iyer and ors.
Court: Chennai
Decided on: Jul-22-1980
Reported in: (1981)1MLJ24
V. Ratnam, J.1. The legal representative of the deceased judgment-debtor in O. S. No. 6757 of 1973, 10th Assistant Judge, City Civil Court, Madras, is tin appellant in this appeal. The property bearing door No. 206, Arcot Road, Vada Palani, Kodambakkam, Madras belonged to the family of the appellant and respondents 1 and 2 in execution of the decree obtained by them in O. S. No. 6757 of 1975, brought the property to sale in E. P. No. 2336 of 1976 and the third respondent purchased the property in the sale held on 22nd November, 1978, for a sum of Rs. 56,250. The third respondent had also deposited, according to the appellant. 25 per cent of the sale consideration on 23rd November, 1978. The appellant further stated that out of the amount due to the decree-holder mentioned in the sale proclamation, a sum of Rs. 6,500 in instalments of Rs. 5,000 and Rs. 1,500 had been paid after the E. P. and therefore, the amount due to the decree-holder as on the date of sale was only Rs. 19,500 Claimi...
K.T. Parasuramaswami Gounder and anr. Vs. the Land Commissioner, Board ...
Court: Chennai
Decided on: Jul-22-1980
Reported in: (1981)1MLJ22
ORDERM.M. Ismail, C.J.1. These are appeals against the order of Mohan, J , dated 7th March, 1980 dismissing Writ Petitions Nos. 1092 and 1093 of 1980 filed by the appellants herein. It is admitted that the facts are identical and therefore, it is enough if we refer to the facts in W P No. 1092 of 1980. On 2nd October, 962, that is the notified date of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, the appellant had 15 standard acres, this did not include 3.631/2 acres, which were pending adjudication before the Minor Inams Tribunal, inasmuch as the inam had been notified under Tamil Nadu Act XXX of 1963. On 7th July. 1971, the appellant sold away 1.93 acres and on 11th July, 1972 similarly he sold away 7.7 acres. On 19th February, 1973, the Minor Inams Tribunal directed the issue of a ryotwari patta in respect of 3.631/2 acres. It was in those circumstances only a final statement was issued under Section 12 of the Tamil Nadu Land Reforms (Fixation of Ceiling on La...
Ramakrishna Reddiar and ors. Vs. Pichammal and ors.
Court: Chennai
Decided on: Jul-18-1980
Reported in: AIR1981Mad53
1. Defendants 1, 2 and 4 in 0. S. No. 52 of 1977, Sub Court, Tirunelveli, are the appellants in this civil miscellaneous appeal, which is directed against the order in E. A. -No. 62 of 1980 in E. P. No. 160 of 1978, which was an application under 0. 21, R..90, Civil P. C., to set aside the sale held on 7th Dec. 1979. It is not in dispute that the properties were brought to sale in execution of the decree in 0. S. No. 52 of 1977, and in the sale held, the first respondent purchased the property on 7th Dec. 1979 with the leave of court. Thereafter,' the appellants ' and the fourth respondent herein, on 7th Jan 1980 filed an application to set aside the sale. On l0th Jan. 1980, this petition was returned for complying with certain requirements of the office in the matter of notice being given to the other side and the production of documents referred to in para..5 of the petition and ten days that was granted for this purpose. After complying with the office requirements, the petition to ...
K. Suresh Babu Vs. K. Balasubramaniam and anr.
Court: Chennai
Decided on: Jul-17-1980
Reported in: AIR1981Mad1
1. This is an appeal against the order of the X Assistant Judge, City Civil Court, Madras dated 14th August, 1978 made in E. A. No. 1435 of 1977 in K P. No. 391 of 1975 in 0. S. No. 174 of 1973. E. A. No. 1435 of 1977 was filed for setting aside the sale which was held on 25th January 1977 in execution of a decree obtained in 0. S. No. 174 of 1973. The case of the petitioner in the execution application, who was the judgment debtor, was that the purchase at the court auction was a benami purchase by the decree holder and therefore the sale should be set aside. He also put forward the contention that the property was worth Rs. 1,50,000 but it was sold only for an indequate price of Rs. 30,150, and thereby he sustained a substantial injury. The learned X Assistant Judge, City Civil Court, Madras, recorded a finding that the purchase at the court auction sale was benami one by the decree holder. Having held so, in respect of the question whether the property fetched an adequate price or n...
K. Suresh Babu Vs. K. Balasubramaniam and anr.
Court: Chennai
Decided on: Jul-17-1980
Reported in: (1981)1MLJ1
M.M. Ismail, C.J.1. This is an appeal against the order of the X Assistant Judge, City Civil Court, Madras dated 14th August, 1978, made in E.A. No. 1435 of 1977 in E.P. No. 391 of 1975 in O.S. No. 174 of 1975. E.A. No. 1435 of 1977 was filed for setting aside the sale which was held on 25th January, 1977, in execution of a decree obtained in O.S. No. 174 of 1973. The case of the petitioner in the execution application, who was the judgment-debtor, was that the purchase at the Court auction was a benami purchase by the decree-holder and therefore the sale should be set aside. He also put forward the contention that the property was worth Rs. 1,50,000 but it was sold only for an inadequate prise of Rs. 30,150 and thereby he sustained a substantial injury. The learned Assistant Judge, City Civil Court, Madras recorded a finding that the purchase at the Court-auction-sale was a benami one by the decree-holder. Having held so, in respect of the question whether the property fetched an adeq...
K.R. Sivagami Vs. Mahaboob Nisa Bi and ors.
Court: Chennai
Decided on: Jul-16-1980
Reported in: AIR1981Mad138
Ramanujam, J.1. As these two appeals arise out of the same award passed by the Motor Accidents Claims Tribunal Cuddalore in the same claim petition arising out of an accident they are dealt with together.2. On ra-5-1974 at about 4-30 a. m. an Ambassador tourist taxi bearing registration No. MSL 8304, belonging to the appellant in C.M.A. No. 247 of 1977, and insured with the appellant in C. M. A. No. 367 of 1977, dashed against a stationary lorry near Ulundurpet railway gate. The said accident resulted in the death of three persons and injury to four persons who traveled in the taxi. On the basis that the accident was due to the rash and negligent driving of the taxi by its driver, the claim petitions had been filed by the dependents of the deceased as also the insured before the Motor Accidents Claims Tribunal.3. One of the persons who died in the accident, is one Abdul Rahman. His widow and two minor sons had claimed a sum of Rs. 1,00,090, as compensation in C P. No. 109 of 1974. We a...
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