Chennai Court July 1984 Judgments
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Narasinga Nadar and anr. Vs. the State
Court: Chennai
Decided on: Jul-11-1984
Reported in: 1985CriLJ1397
S.A. Kader, J.1. The appeal is against the judgment of the Sessions Judge, Tirunerveli in S.C. No. 10 of 1981 finding the first appellant/first accused guilty under Section 302 read with Section 34 of the I.P.C., convicting him thereunder and sentencing him to suffer imprisonment for life and finding the second appellant/second accused guilty under Section 302 of the I.P.C., convicting him thereunder and sentencing to imprisonment for life.2. The facts of the case are these : - The first accused is the father and the second accused is his son. The third accused in the court below is the brother-in-law of the first accused, P.W.I is the son of the elder brother of the first accused and the deceased Chelladurai. The first accused and his younger brother, the deceased Chelladurai owned 3 acres of agricultural lands each cultivated with the water from a common well in which an electric motor and pumpset were installed. There were frequent quarrels between the first accused and the deceased...
Arumugham and anr. Vs. Kulandaivelu
Court: Chennai
Decided on: Jul-11-1984
Reported in: (1984)2MLJ324
ORDERV. Ratnam, J.1. The short question that arises for consideration in this Civil Revision Petition at the instance of the plaintiffs in O.S. No. 2274 of 1981, District Munsif's Court, Tiruchirapalli, is whether the Court below was right in its conclusion that no stamp duty is leviable in respect of the document styled as a deed of release relied upon by the respondent and directing its admission in evidence. The document in question is styled as a surrender of rights under a lease. The recitals therein indicate that the executants have clearly given up and surrendered their tenancy rights with reference to the property appended to the schedule. The market value of the property is stated to be Rs. 20,000/-. Relying upon this, the learned Counsel for the petitioners contends that the document in question would be a release falling under Article 55 of Schedule I and therefore, the document should have been stamped in accordance with Article 55(b) and a stamp duty of at least Rs. 25 sho...
T.M. Shanmugham and ors. Vs. the Periyar Self-respect Propaganda Insti ...
Court: Chennai
Decided on: Jul-10-1984
Reported in: AIR1985Mad93
ORDER1. Application No. 2208 of 1978 is filed by the defendants 1 and 2 in C. S. 170 of 1978, for revoking the leave granted to the plaintiffs in Application No. 1427 of 1978, without notice to the defendants by an order dated 3-4-1978 under S. 92 of the Civil P.C. Appln. No.376 of 1984 is again filed by the defendants 1 and 2 to dismiss the suit C.S. 170 of 1978 as not maintainable.2. C. S. No. 170 of 1978 was filed under O. IV, R. 2 of Original Side Rules read with Order VII, Rule 1 of the Civil P.C., after obtaining leave of the Court under S. 92, Civil P.C. for removal of the second defendant from the Secretary ship of Periyar Self Respect Propaganda Institution (first defendant) and for other consequential relief, including appointment of a receiver for taking over charge of the first defendant institution. It is seen from the papers that Appln No. 1427 of 1978 was filed under S. 92, Civil P.C. read with O. XIV, R. 8 of the Original Side Rules by the applicants plaintiffs for the ...
T. Ponnuvelu Vs. the State of Tamil Nadu Reptd. by Its Secy. to Govt. ...
Court: Chennai
Decided on: Jul-10-1984
Reported in: (1984)2MLJ472
ORDERS. Natarajan, J.1. The petitioner seeks the issue of a Writ of Certiorarified mandamus to quash the impugned order of re-auction of arrack shop passed by the second respondent and to direct the third respondent to grant the licence to him in respect of the said arrack shop.2. In respect of arrack shop No. 4 of Edapadi village, Sankagiri taluk, Salem District, there was an auction sale on 30-5-1984 for the Excise year 1984-85 and the petitioner's bid of Rs. 13,200/-per month was accepted as the highest bid. On the recommendation of the auctioning authority, the Collector of Salem (third respondent) confirmed the sale in favour of the petitioner. The fourth respondent herein presented a revision to the Commissioner, Prohibition and Excise (second respondent) stating that he wanted to bid at the auction and he travelled to the place of auction by bus, but unfortunately the bus broke down and he was able to reach the place of auction only by about 12 noon and by then the auction had a...
T.M. Shanmugam and ors. Vs. the Periyar Self Respect Propaganda Instit ...
Court: Chennai
Decided on: Jul-10-1984
Reported in: (1984)2MLJ440
K. Venkataswami, J.1. Application No. 2208/78 is filed by the defendants 1 and 2 in C.S. No. 170/78 for revoking the leave granted to the plaintiffs in Application No. 1427/78 without notice to the defendants by an order dated 3-4-78 under Section 92 of the Code of Civil Procedure. Application No. 376/84 is again filed by the defendants 1 and 2 to dismiss the suit C.S. No. 170 of 1978 as not maintainable.2. C.S. No. 170 of 1978 was filed under Order IV Rules 2 of Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure after obtaining leave of the Court under Section 92 C.P.C., for removal of the second defendant from the Secretaryship of Periyar Self respect Propaganda Institution (first defendant) and for other consequential reliefs, including appointment of a receiver for taking over charge of the first defendant institution. It is seen from the papers that application No. 1427 of 1978 was filed under Section 92 C.P.C., read with Order XIV, Rule 8 of the Origina...
Dravidar Kazhagam, Represented by Its Executive Committee Member, K. B ...
Court: Chennai
Decided on: Jul-10-1984
Reported in: (1986)1MLJ129
ORDERS. Natarajan, J.1. In order to interdict the State of Tamil Nadu, the 1st respondent herein from holding an Entrance Test for admission to the Professional Colleges in the State viz., Engineering, Medical and Agriculture, and compel the Government to hold interviews as before for the candidates seeking admission to those Colleges Dravidar Kazhagam represented by its Executive Committee member, Thiru K. Balaraman has filed this petition under Article 226 of the Constitution of India seeking the issue of a writ of certiorarified mandamus,2. The initial pages of the affidavit of the petitioner contain averments relating to the domination of Non-Brahmin communities by the Brahmin community, how Justice Party and Thanthai Periyar E.V. Ramasami launched a compaign for rendering justice to Non-Brahmins, how the communal G.O. came to be passed, how the G.O. came to be struck down by the Court as ultra vires of the Constitution, how an agitation was started and how Article 15 of the Consti...
Lalan Singh and anr. Vs. Mahboob Hussian and anr.
Court: Chennai
Decided on: Jul-09-1984
Reported in: II(1984)ACC510
Faizan Ud-Din, J.1. This is an appeal Under Section 110-D of the Motor Vehicles Act (hereinafter referred to as the Act) preferred by the owner and the driver of the vehicles involved in the accident against the award dated 31-10-77 passed by the Motor Accidents Claims Tribunal, Satna, in Claims Case No. 4/77.2. It was not disputed that the truck No. MPA 8485 belonged to the non-appellant appellant No. 2 Rakesh khanna and that the non-appellant No. 1 was the driver ia the said truck on the relevant date. It has also not been disputed that, the said, truck was insured with the respondent No. 2 Oriental Fire and General Insurance Co., Ltd., Jabalpur.3. The claimant respondent No. 1 had made an application Under Section 110-A of the Act for award of compensation for the injuries caused to him in the accident. His case was that be was working as a labourer in the relief work being done at Balaghati. On 6-6-75 the. truck in question was going from Gigne to Deoloan and the-refore the claiman...
A. Venkataraman Vs. S. Rajalakshmi and ors.
Court: Chennai
Decided on: Jul-05-1984
Reported in: AIR1985Mad248; (1985)1MLJ232
Mohan, J.1. The facts leading to these appeals are as follows : During the course of the judgment we will refer to the parties as plaintiffs and defendants as that would be convenient. The plaintiffs, who are three in number, filed O. S. 117 of 1972 on the file of the Sub Court, Madurai, for partition and separate possession of their 3/8 share in items Nos. 1 and 2 and 3/4 share in items 3 and 4 of the plaint schedule properties. The suit properties along with some other properties belonged to one Subbiah Iyer. Even at this stage, let us set out the geneological tree(for table see next page)At the time of the death of Subbiah Iyer, there were only three daughters. They are, Mangalam - mother of plaintiffs 1 to 3 and the second defendant Venkataraman, Subbalakshmi the first defendant and Seethalakshmi alias Rukmani the 8th defendant. Subbiah Iyer executed a registered Will on 31st July 1955, where under he had made provisions for his daughters and made several bequests in favour of seve...
The State of Tamil Nadu Vs. Monotype India Limited
Court: Chennai
Decided on: Jul-04-1984
Reported in: [1986]62STC434(Mad)
ORDERRamanujam, J. 1. The common question that arises in all these three tax revision cases is whether the sales of importer printing machine, parts and accessories on the basis of the actual user's license and letters of authority produced by customers could be treated as sales in the course of import. In these cases the Tribunal has found after verification of the records that the assessees accepted orders for import of printing machine, parts and accessories subject to the condition that the buyers must produce the necessary actual user's licences and letters and authority in favour of the assessees, that they forwarded these orders to their head office in London, that all the shipping documents contained the details of the actual user's import licence of the buyers, that the forwarding note sent by the U.K. seller specified that the goods were intended to the actual user referred to in the licence and that the goods were to be delivered to that particular customer on whose behalf t...
The State of Tamil Nadu Vs. the National Cash Register Co.
Court: Chennai
Decided on: Jul-04-1984
Reported in: [1987]66STC264(Mad)
Ramanujam, J. 1. Since the points involved in both the tax cases are same, they are dealt with together. In T.C. No. 105 of 1978 the turnover disputed is Rs. 1,97,000 in respect of which the assessees claimed exemption on the ground that it represented sales in the course of import. In T.C. No. 243 of 1978 the turnover in dispute is Rs. 1,59,477 which, according to the assessees, represented sales in the course of import and as such the said turnover is exempt from tax. The assessing authority, however, disallowed the claim of the assessees in both the cases and brought to charge the disputed turnovers holding that they did not represent sales in the course of import, but they represented the local sales. The denial of exemption in relation to the disputed turnovers was affirmed by the Appellate Assistant Commissioner. When the matter reached the Tribunal, the Tribunal after verification of the records found that the buyers, namely, Hotel Sudarsan International in one case and Savera H...
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