Chennai Court August 1981 Judgments
State Bank of India, Tiruchirapalli Vs. J.S. Ramamoorthy
Court: Chennai
Decided on: Aug-13-1981
Reported in: AIR1982Mad197
ORDER1. This is a revision petition against the order of Thiru S. Thangaraj, B. Sc. LL. B. Second Additional Subordinate Judge, Tiruchirapalli, allowing 1. A. No. 206 of 1981in 0. S. 345 of 1981 and making absolute an interim injunction granted by the learned Subordinate Judge.2. The petition in 1. A. No. 206 of 1981 was filed by the plaintiff praying for an order directing the respondent defendant to render all help and assistance to the petitioner plaintiff for keeping his unit Kamala industries, Ariyamangalam Trichi, running pending disposal of the suit and also to grant an ad interim ex parte order to the effect pending disposal of the petition under Nursing Programme and thus render justice,3. I.A No. 205 of 1931 was filed for granting an order of interim injunction restraining the respondent defendant pending disposal of the suit and also to grant an ad interim ex parte order to the said effect pending disposal of this petition restraining the respondent defendant from giving eff...
Tag this Judgment!Tata Oil Mills Co. Ltd., Madras Vs. Superintendent of Central Excise, ...
Court: Chennai
Decided on: Aug-12-1981
Reported in: 1982(10)ELT358(Mad)
1. The petitioner is a manufacturer of soaps among other products. The soaps manufactured by the petitioner are liable to excise duty under Tariff Item No. 15 of the First Schedule to the Central Excises and Salt Act, 1944, hereinafter referred to as 'the Act'. The listed price at which the petitioner is marketing its products is the same irrespective of the place where they are marketed. The petitioner also charges Rs. 6 per card board box from its customers towards delivery charges and the delivery charges are stated to be for transporting the goods from the petitioner's factory to the wholesale dealers' godown. The authority under the Act wanted to include this delivery charges as part of the normal price within the meaning of S. 4(1)(a) of the Act. The question that arises for consideration is as to whether this delivery charge of Rs. 6 per card board box is to be included for arriving at the assessable value or not.2. The Authorities under the Act, including the third respondent a...
Tag this Judgment!Burn Standard Company Limited Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Aug-12-1981
Reported in: [1983]52STC62(Mad)
ORDERSathiadev, J.1. This writ petition is filed challenging the demand for payment of sales tax for assessment No. CST 859/74-75 dated 13th December, 1978, from the petitioner-company for the assessment year 1974-75. 2. In the affidavit filed in support of the petition, it is claimed by the petitioner that originally the management of the undertaking of Burn & Co. Ltd. was taken over by the Central Government with effect from 19th December, 1973, by virtue of the Burn Company and Indian Standard Wagon Company (Taking Over of Management) Act, 1973. Later, Burn & Co. was nationalised under Act 97 of 1976 and by virtue of the provisions of that Act, with effect from 1st April 1975, the undertaking, i.e., the assets only of Burn & Company Ltd. and the right, title and interest of the said company in relation to the undertaking stood transferred to an vested absolutely in the Central Government. The appointed day fixed under the Act under section 2(a) was 1st April, 1975. It is claimed tha...
Tag this Judgment!Ranganathan Vs. K. Gangabai and ors.
Court: Chennai
Decided on: Aug-12-1981
Reported in: AIR1982Mad131
Ramanujam, J.1. This appeal has been filed by the claimant in M. A. C. T. O. P. No. 12 of 1977, on the file of the Motor Accidents Claims Tribunal, Pondicherry, against the order rejecting the claim on the ground that the claimant in the claim petition being the father of the deceased is not a legal representative and as such he cannot maintain the Claim Petition for the death of his son in an accident.2. On 17-3-1977 at about 4.30 P. m. at Cuddalore main road, opposite to the A. F. T. New Mills at Mudaliarpet, Pondicherry lorry bearing registration number PYS 7857, belonging to the first respondent and insured with the second respondent, dashed against one Shivkumar, aged about 6 years, resulting in instantaneous death. Alleging that the said fatal accident was due to the rash and negligent driving of the lorry by its driver, the father of the deceased filed the said claim petition M. A. C. T. O. P. 12 of 1977, claiming a compensation of Rs. 30,000/-. from the owner, the insurer and t...
Tag this Judgment!V. Nageswaran and ors. Vs. the Authorised Officer (Land Reforms) and o ...
Court: Chennai
Decided on: Aug-12-1981
Reported in: (1983)2MLJ67
ORDERT. Sathiadev, J.1. In these writ petitions in the affidavits filed, though more than one point had been taken Mr. A. Ramanathan, learned Counsel for the petitioners confines to a solitary point which relates to the scope of revisional and review powers, which could be exercised by the Land Commissioner under the Tamil Nadu Land Reforms (Disposal of Surplus Lands) Rules, 1965, hereinafter referred to as Rules. It is indisputable that after appellate orders were passed under Rule 10 by the District Revenue Officer, revision petitions were filed by the respective petitioners to Land Commissioner, and he rejected all the petitions on the sole ground that they have been filed beyond the period of limitation contemplated under Rule 11(3)(a) of the Rules. Thereafter the petitioners again filed review petitions and they were also dismissed by the Land Commissioner holding that he has no power to review his own orders. Being aggrieved with these two orders of the Land Commissioner, these w...
Tag this Judgment!Tamil Nadu Agencies Vs. the Commercial Tax Officer, Sivakasi (Town)
Court: Chennai
Decided on: Aug-11-1981
Reported in: [1982]50STC146(Mad)
Venugopal, J.1. There were E-I form sales not covered by C forms and E-II form sales covered by E-II forms (sic). As the assessee failed to produced the E and C forms, the above turnover was assessed to sales tax. The assessee then filed a writ petition before this Court. The learned Judge of this Court dismissed the writ petition because of availability of an alternative remedy provided under the statute. Against the order of the learned single Judge, the present writ appeal is filed. 2. The learned counsel for the appellant relying on the decision of the Supreme Court reported in Baburam Prakash Chandra Maheshwari v. Antarim Zila Parishad, Muzaffarnagar : [1969]1SCR518 , contended that one well-recognised is exception to the doctrine with regard to the exhaustion of statutory remedies is violation of principles of natural justice and as the impugned assessment order has been made in violation of the principles of natural justice, it is open to the appellant to move the High Court und...
Tag this Judgment!State of Tamil Nadu and anr. Vs. P.K. Anandan
Court: Chennai
Decided on: Aug-11-1981
Reported in: AIR1982Mad136
Ramanujam, J.1. This appeal has been filed by the State of Tamil Nadu against the award of the Motor Accidents Claims Tribunal in M. A. C. T. 0 P. No. 272 of 1975 on the file of the Motor Accidents Claims Tribunal, Madras, awarding a sum of Rs. 8,000, as compensation to the respondent-claimant.2. On 20-7-1970, the State Transport bus MRS 1727 was proceeding along Ennore High Road, at about 10 a.m. The said bus collided with the lorry ADB 2797 at the intersection of the Manall Express road and the Ennore High Road. As a result of this impact, the bus capsized and many of the passengers in the bus were injured. The injured passengers of whom the respondent is one, filed claim petition. The petitioner claims a sum of Rs. 50,000 as compensation in respect of, the injuries sustained by him.3.The said claim was directed against the State of Tamil Nadu and the Pallavan Transport Corporation which owned the bus. No claim was however made as against the driver of the lorry or the owner of the l...
Tag this Judgment!Doom Doma Tea Company Limited and anr. Vs. the Union of India (Uoi) Ow ...
Court: Chennai
Decided on: Aug-10-1981
Reported in: (1982)1MLJ85
ORDERV. Ratnam, J.1. The plaintiffs in O.S. No. 608 of 1976,, Sub-Court, Coimbatore, are the petitioners in this civil revision petition, which is directed against the order of the Court below dismissingan application filed by the petitioners in I.A. No. 99 of 1979 under Order 1, Rule 10(2), Civil Procedure Code, praying to strike out the name of the 2nd petitioner from the array of parties and to allow the 1st petitioner to continue the suit as the sole plaintiff. The circumstances under which the suit in O.S. No. 608 of 1976, Sub-Court, Coimbatore, was instituted by the petitioners may be stated thus: On 7th July, 1973, the 1st petitioner entrusted to the 1st respondent-railway, 160 cases of tea for carriage from Deem Deema Town in Assam to Coimbatore and a railway receipt No. 12)317025 was also obtained by the 1st petitioner from the 1st respondent. The 1st respondent, according to-the 1st petitioner, accepted the goods and agreed to carry the same for reward at railway! risk and to...
Tag this Judgment!T.S. Kannan Vs. the High Court of Judicature of Tamil Nadu High Court ...
Court: Chennai
Decided on: Aug-10-1981
Reported in: (1982)1MLJ372
V. Ramaswami, J.1. The appellant was initially appointed as Assistant Public Prosecutor Grade-II, Chingleput District, in July, 1965, and later regularised by the Government in G.O. Ms. No. 3746, Home, dated 27th December, 1968. He was appointed as a temporary Judicial Second Class Magistrae, on his recruitment by transfer as provided under Rule 5 read with Rule 13 of the Tamil Nadu State Magisterial Service Rules, and he was posted to Gingee in the High Court's proceedings, dated 21st December, 1973. On receipt, of certain complaints against him when he was serving as Judicial Second Class Magistrate, Gingee, a secret probe was made by the Vigilance Cell, of the High Court. In the meanwhile, he was transferred on 21st June, 1974 to Triuva... in Ramnad District. A detailed enquiry was then directed on the allegations of corruption and corrupt practices and while such enquiry was pending, the appellant was reverted back to his parent department and this was notified by the High Court on...
Tag this Judgment!Thakur Shipping Co. Ltd., Bombay and anr. Vs. Food Corporation of Indi ...
Court: Chennai
Decided on: Aug-07-1981
Reported in: AIR1983Mad105
1. Defendants 1 and 2 in O. S. No. 103 of 1970 on the file of the court of the Subordinate Judge of Tuticorin are the appellants. The suit was an action by the respondent-plaintiff for recovery of a sum of Rupees 1,67,724.72, together with interest towards short delivery of rice consignment transported by the respondent from Bangkok to Tuticorin by vessel S. S. Varunadevi belonging to the first appellant and operated by the second appellants as operating manager. The learned Subordinate Judge sustained the respondent's case and after deducting Rs. 1,40,000 together with interest from the date of suit till the date of realisation. It is against that judgment and decree, defendants 1 and 2 have preferred this appeal.2. The respondent's case is as follows - The first appellant company is a ship owner and carrier of goods and owned the ship S. S. Varunadevi. The second appellant company is the operating manager of the above said steamer. The third defendant (against whom the suit has been ...
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