Chennai Court December 1986 Judgments
R. Sivarajan and ors. Vs. Deputy Director, Enforcement Directorate and ...
Court: Chennai
Decided on: Dec-24-1986
Reported in: 1987(12)ECC256
Ramswami, J.1. These three writ petitions have been filed for the issue of the writ of mandamus directing the respondents to return the money seized from them by the officers of the respondents. 2. The point raised in all these cases is that the proceedings under section 51 of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as 'the Act'), had not been initiated within a period of one year from the date of seizure, that, therefore, the Revenue have no authority to retain the money and that they have to return the same and drop all further proceedings. In W. P. No. 11605 of 1985, the date of seizure of the currency was on October 14, 1985, is said to have been despatched on October 7, 1985, by registered post acknowledgment due, but the same was actually received by the petitioner only on October 19, 1985. In W. P. No. 11605 of 1985, the seizure of the currency was on October 12, 1984. The notice dated October 4, 1985, is said to have been sent by registered post on Oc...
Tag this Judgment!Grama Committee High School, Venkateswarapuram Vs. Arunachalam and ors ...
Court: Chennai
Decided on: Dec-24-1986
Reported in: (1988)ILLJ119Mad; (1987)IIMLJ219
Srinivasan, J.1. The petitioner in W.P. 3566 of 1984, hereinafter referred to as the petitioner, was the Headmaster of Grama Committee High School, Venkateswarapuram, Tenkasi Taluk, Tirunelveli Dt., from June 1959. The School represented by its Secretary is the petitioner in W.P. 6868 of 1984 hereinafter referred to as the respondent. 2. The petitioner was on medical leave from 15th October 1982 to 12th December 1982. On 7th December 1982 he sent a letter to the Secretary of the respondent that he was resigning his post of Headmaster with effect from that date even though he was on medical leave. The petitioner made an entry in the Masters' attendance register for December 1982, as against his name 'Resigned of his own accord. Left from service'. In the Executive Committee meeting held on 12th December 1982, the resignation was accepted and one N. Kalidhasan, who was a first Assistant in the school, was appointed as Headmaster in charge until a new Headmaster was appointed. One of the ...
Tag this Judgment!V.K.S. Raghavan and ors. Vs. K.S. Dayavathi and anr.
Court: Chennai
Decided on: Dec-24-1986
Reported in: (1987)1MLJ442
ORDERM.N. Chandurkar, C.J.1. This civil revision petition is filed by the four tenants of the respondents landlords against the concurrent findings of the Rent Controller and the Appellate Authority that the landlords are entitled to an order of eviction against the tenants as the building is required for demolition and reconstruction.2. All the four tenants are in occupation of the premise which are described as door No. 11 Gopalapuram Second Street, Gopalapuram, Madras-86. The premises constitutes of the main building and an out-house. The out-house is occupied by the present petitioners 2 and 3. The northern portion of the ground floor is occupied by petitioner No. 1. The northern portion of the first floor is occupied by petitioner No. 4. The southern portion of the ground floor is in the possession of the Accommodation Controller and is in the occupation of a Government servant. The southern portion of the first floors is in the occupation of the landlord themselves.3. On the evid...
Tag this Judgment!Grama Committee High School Represented by Its Secretary Vs. Arunachal ...
Court: Chennai
Decided on: Dec-24-1986
Reported in: (1987)2MLJ219
Srinivasan, J.1. The petitioner in W.P. No. 3566 of 1981, hereinafter referred to as the petitioner, was the Headmaster of Grama Committee High School, Venkateswarapuram, Tenkasi Taluk, Tirunelveli Dt., from June, 1959. The school represented by its Secretary is the petitioner in W.P. No. 6868 of 1984 hereinafter referred to as the respondent.2. The petitioner was on medical leave from 15.10.1982 to 12.12.1982. On 7.12.1982 he sent a letter to the Secretary of the respondent that he was resigning his post of Headmaster, with effect from that date even though he was on medical leave. The petitioner made an entry in the Masters' attendance register for December 1982, as against his name Resigned of his own accord. Left from service'. In the Executive Committee meeting held on 12.12.1982, the resignation was accepted and one N. Kalidhasan who was a first Assistant in the School, was appointed as Headmaster in charge until a new Headmaster was appointed. One of the resolutions passed by th...
Tag this Judgment!B. Kuppulal Vs. D. Sagunthala and anr.
Court: Chennai
Decided on: Dec-22-1986
Reported in: (1987)1MLJ242
ORDERPadmini Jesudurai, J.1. The two civil revision petitions are filed by the tenant and the landlords respectively, each challenging the findings adverse to him in R.C.A. 8/1985 rendered by the learned Rent Control Appellate Authority, (Subordinate Judge, Coimbatore).2. The facts giving rise to the present revision briefly are as follows : The proceedings relate to non-residential premises in Door No 20/803 and 804 in Big Bazaar Street, Coimbatore. The petitioners in C.A.P. No. 18 97 of 1985 (hereinafter referred to as the petitioners) are the owner of the premises. The petitioner in C.A.P. No. 1344 of 1985 (hereinafter referred to as the respondent) is a tenant under the petitioners. The petitioners filed R.C.O.P. No. 361 of 1981 before the Rent Controller (District Munsif), Coimbatore seeking eviction of the respondent both on the ground of wilful default in the payment of rent (under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act (hereinafter referred to...
Tag this Judgment!Thangaraj Vs. M.G. Ramachandran and ors.
Court: Chennai
Decided on: Dec-17-1986
Reported in: AIR1988Mad91
ORDER1. These two election petitions, namely. Election Petitions Nos. 3 and 4 of 1985. challenge the election of the first respondent Thiru M. G. Ramachandran from Andipatti Assembly Constituency. E. P. No. 3 of 1985 has been filed by one of the unsuccessful candidates who lost his election by a margin of 31484 votes. E. P. No. 4 of 1985 is by one of the voters. By my order dt/14th Aug. 1986. Applications, Nos. 4559 and 4560 of 1985 were allowed and several paragraphs of the election petitions were struck out, under Order V I R. 16 of the C.P.C. while paragraphs 24 and 30 were struck out under S. 83 of the Representation of the People Act, 1951. Consequently, what remained to be examined were the allegations made in paras 16, 17 and 18 of the election petitions. They deal with the scope of the notification issued by (he Election Commission of India in S.O. 1111 dated 18th March. 1968 in pursuance of cl. (a) of Arts. 84 and 173 of the Constitution of India. The petitioners would contend...
Tag this Judgment!Rasi Leathers Private Ltd. Vs. the Chief Controller of Imports and Exp ...
Court: Chennai
Decided on: Dec-17-1986
Reported in: 1993(42)ECC106
ORDERV. Ramaswami, J.1. The petitioner, a private limited company, is a manufacturer of finished leather, leather garments and leather goods. It is stated to be a registered small-scale industry. The petitioner also exports finished leather and leather goods manufactured by it as well as such goods purchased by it from other manufacturers. Under the Import Policy of the Government of India for the period April 1979 -- March 1980, a person who wants to get an Export House Certificate shall submit an application to the Chief Controller of Imports and Exports before the date prescribed therein. Paragraphs 1 and 4 of this Import Policy statement, refers to the conditions which are required to be fulfilled for grant of such an Export House Certificate. Among the conditions prescribed certain annual average F.O.B. value of exports for the prescribed base period for the select and non-select products is one. These statements of exports on which the application is based should be certified by ...
Tag this Judgment!G. Madanlal Vs. P. Padma Bai
Court: Chennai
Decided on: Dec-16-1986
Reported in: (1987)2MLJ1
ORDERT. Sathiadev, J.1. Defendant is petitioner. Respondent/plaintiff Filed the suit based on a promissory note dated 7th May, 1982 for Rs. 16,887. Defendant put forth the claim that she had entrusted her jewels to plaintiff's husband, who was having a safety vault, and on his death, plaintiff was having possession of the jewels, and therefore, unless the jewels are returned, the suit claim is not maintainable. As defendant came forward with a claim that the jewels were kept as security for the loan taken, the court below held that there was a triable issue and hence, ordered deposit of Rs. 1,500 to be made on or before 16th November, 1983 failing which, the petition for leave to defend would stand dismissed. On the Court fixing the amount at Rs. 1,500 this revision had been preferred stating that even the said condition ought not to have been stipulated.2. It is not in dispute that the suit had been decreed ex parte on 17th November, 1985. This order granting leave to defend was order...
Tag this Judgment!P. Varada Reddy Vs. the Additional Director, Enforcement Directorate
Court: Chennai
Decided on: Dec-15-1986
Reported in: 1988(17)ECC190
David Annoussamy, J. 1. The Second Civil Miscellaneous Appeal is by the company and the first appeal is by the Managing Partner.2. The facts leading to the present appeals succinctly are as follows:-- The appellant-company effected shipments of readymade garments valued at Rs. 2,18,096 to M/s. Reddy Textillion and M/s. Peanuts Sportswear Mode Ltd., West Germany during March--June 1978 on D. P. Basis. Since the exporter did not report the receipt of the money within the period of six months, a show cause notice was issued to him on 6th October, 1980. In that show cause notice, it is stated thatthe company has refrained from doing any thing or refrained from taking any action which has the effect of securing that payment for the goods representing the full amount payable by the foreign buyer is delayed beyond the prescribed period.The prescribed period is a period of six months as per Rule 8 of the Rules made under the Foreign Exchange Regulation Act. 1973. Therefore, the company as well...
Tag this Judgment!Pandyan Roadways Corporation Ltd. Vs. R. Jayalakshmi and ors.
Court: Chennai
Decided on: Dec-15-1986
Reported in: I(1987)ACC497
Sengottuvelan, J.1. Both these civil miscellaneous appeals arise out of the judgment of the Additional Motor Accidents Claims Tribunal (Subordinate Judge), Ramanathapuram at Madurai in M.A.C.O.P. 43 of 1979. M/s. Pandyan Roadways Corporation Ltd., the second respondent before the Tribunal, has filed C.M.A. 653 of 1980 challenging the correctness of the award passed by the Tribunal. The petitioners in M.A.C.O.P. No. 46 of 1979 had filed C.M.A. 718 of 1982 for the portion of the compensation disallowed by the Tribunal from the claim made by them.2. The facts of the case are briefly as follows :- The claimants, viz., R. Jayalaksbmi and v. Karuppiammal are the wife and mother respectively of the deceased E. Ramaswami, aged 31, and who was working as a junior Assistant in the office of the Assistant Accounts Officer, Tamil Nadu Electricity Board, Manamadurai. The said E. Ramaswami died on 4-2-1979 in an accident when he was returning to his village. At that time while crossing the bye-pass ...
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