Chennai Court April 1987 Judgments
Lakshmi Bai Vs. Gita Bai and anr.
Court: Chennai
Decided on: Apr-30-1987
Reported in: (1987)2MLJ208
ORDERSivasubramaniam, J.1. The revision petitioner is the unsuccessful tenant before the appellate authority and the respondents are the landlords. The respondents filed a petition in R.C.O.P. No. 106 of 1982 on the file of the VIII Judge, Court of Small Causes, Madras under Sections 10(2)(i) and 10(2)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960 for eviction of the petitioner in respect of a garage for non-residential purpose in the ground floor of premises No. 48, Veerappan Street, Madras-1 on the ground of wilful default in the payment of rents and for using the premises for a purpose other than that for which it was leased.2. The averments in the petition are as follows : The revision petitioner is a tenant in respect of the said garage on a monthly rent of Rs. 110. One Manicklal was the owner of the entire premises bearing Door No. 48, Veerappan Street, Madras, The petitioner had committed wilful default in the payment of rents from 1.11.1974 to 31.12.197...
Tag this Judgment!Marius Louis Peria Vs. Santo Rane Charles
Court: Chennai
Decided on: Apr-30-1987
Reported in: (1988)1MLJ360
Sengottuvelan, J.1. The defendant in the suit O.S. 677 of 1976 on the file of the Principal District Munsif, Pondicherry has filed this appeal challenging the legality and correctness of the judgment of the Second Additional District Judge, Pondicherry in A.S. 51 of 1982.2. The facts of the case are as follows: The respondent herein as plaintiff filed the suit O.S. 677 of 1976 on the file of the District Munsif, Pondicherry, for cancellation of the settlement deed Ex. A-1 in view of the non-performance of the condition imposed in the said settlement deed and for recovery of possession. Originally, the suit was dismissed on the ground that it was barred by Res Judicata in view of the dismissal of the earlier suit O.S. 284 of 1972. Thereupon an appeal was preferred in the District Court in A.S. 4 of 1978 and the First Additional District Judge, Pondicherry, remanded the matter to the lower Court for disposal on other issues. C.M.A. 495 of 1978 was preferred to the High Court and the same...
Tag this Judgment!Kaveri Mudali Mines Minerals and Chemicals, by Proprietor M. Govindasa ...
Court: Chennai
Decided on: Apr-30-1987
Reported in: (1988)2MLJ220
ORDERK.M. Natarajan, J.1. These appeals are directed against the order passed by the learned Subordinate Judge, Salem directing the 1st respondent to furnish security, and passing a conditional order, and also thereafter making the interim order absolute.2. It is seen that the 1st respondent herein has filed a suit against the petitioner for recovery of a sum of Rs. 42,275 alleging that as per the agreement, he has not paid the amount towards the work completed by him. He also filed an application, namely, I.A.422 of 1987 for attaching the amount before judgment in the cash credit account of Kaveri Mudali Mines, Minerals and Chemicals with the State Bank of India, Harur, by issuing a pro-order prohibiting the garnishee from making payment of any amount in the account of the 1st respondent and restraining the 1st respondent from withdrawing any amount. I.A.423 of 1987 was filed for directing the appellant herein to furnish cash security to the extent of the suit claim within time stipul...
Tag this Judgment!The Associated Cement Companies Ltd. Vs. the State of Tamil Nadu and a ...
Court: Chennai
Decided on: Apr-27-1987
Reported in: [1988]68STC165(Mad)
ORDERNainar Sundaram, J.1. In these three writ petitions, a common question is being raised. The petitioner, though not entitled to collect surcharge on sale of cement to its stockists, for the relevant years 1976-77, 1977-78 and 1978-79, under a bona fide mistake, did collect such surcharge. The sale of cement took place at Madukkarai, which was not notified as a suburban area for the purpose of applicability of the Tamil Nadu Sales Tax (Surcharge) Act, 1971, and collection of surcharge thereunder. There was an ambiguity entertained both by the Revenue and the petitioner in this behalf. For the earlier years, the petitioner realised this mistake and wanted refund of the surcharge paid over in turn to the Revenue. But that was resisted by the Revenue throughout. It must be noted here that this resistance was in spite of the fact that the Commissioner of Commercial Taxes, when a clarification was sought for, did opine that sale of cement effected by the petitioner at Madukkarai was not ...
Tag this Judgment!Sankar Electrical (P) Ltd. Vs. Assistant Collector of Central Excise, ...
Court: Chennai
Decided on: Apr-23-1987
Reported in: 1988(17)ECC274; 1989(20)LC334(Madras); 1987(31)ELT61(Mad)
1. The matter arises under the Central Excises and Salt Act 1 of 1944, hereinafter referred to as the Act. The first-respondent in respect of electric fluorescent lighting tubes manufactured by the petitioner and sold on wholesale basis to M/s. Genera Electric Company of India (P) Ltd., Calcutta, hereinafter referred to as the Company, held that the price of such sales could not be taken to be the 'wholesale cash price' within the meaning of Section 4(a) of the Act as the section stood prior to 1-10-1975, and held that the excisable value of such tubes could be only at the rates at the rates at which they were in turn sold by the company. Section 4 of the Act, prior to its substitution with effect from 1-10-1975 read as follows : 'Where under this Act, any article is chargeable with duty at a rate dependent on the value of the article, such value shall be deemed to be :- (a) the wholesale cash price for which an article of the like kind and quality is sold or is capable of being sold ...
Tag this Judgment!N. Nataraja Nadar Vs. Noor Ahmed and anr.
Court: Chennai
Decided on: Apr-23-1987
Reported in: AIR1989Mad274
V. Ramaswami, J.1. This Letters Patent Appeal arises out of execution proceedings. The first respondent-plaintiff filed the suit O.S. 185 of 1971 on the file of the Subordinate Judge, Coimbatore, for the recovery of Rs. 16,000/- and obtained a decree for a sum of Rs. 24,195.14 including interest. After giving credit to a sum of Rs. 16,711.25 paid by the judgment debtor, execution petition was filed on 11-8-1977 for execution of the decree by sale for recovery of a sum of Rs. 16,322.71. The decree-holder prayed for the sale of the cinema theatre, known as 'Soundaram theatres' situate in S. No. 112/1B Perur Chettipalyam village, Coimbalore Dt. with all superstructures, doors, windows, and amenities, projector, rectifyer, transformer and amplifiers, complete in running condition. The sale proclamation was settled giving the Amin's valuation at Rs. 96,500; decree-holder's valuation at Rs. 10,000, and the judgment-debtor's at Rs. 7,00,000, subject to encumbrance of Rs. 50,000, due under a m...
Tag this Judgment!State of Tamil Nadu and ors. Vs. N. Hari Prasad and ors.
Court: Chennai
Decided on: Apr-22-1987
Reported in: AIR1988Mad212
M.N. Chandurkar, C.J.1. These two appeals arise out of two identical orders in two writ petitions the main order being in W.P. 3793 of 1986 by which the learned single Judge directed that the two petitioners therein should be provided with a seat in any one of the Medical Colleges under its control by the Government for the academic year 1986-87. The petitioner Hari Prasad, in W.P. 5804 of 1986, who -is the respondent No. I in W.A. 1311 of 1986 and the petitioner Mercy Gladstone who was represented by father and natural guardian in W.P. 3783 of 1986 and respondents No. I in W.A. 1312 of 1986 had both applied for admission to a Medical College in the State of Tamil Nadu for the academic year 1985-86. None of them was, however, selected for admission in any of the Government Medical Colleges. However the State Government made a separate list of certain candidates, who were allotted to private Medical Colleges from the open competition wait list for the year 1985-86. This list consisted o...
Tag this Judgment!Periaswami and ors. Vs. the Government of Tamil Nadu Represented by th ...
Court: Chennai
Decided on: Apr-22-1987
Reported in: (1987)2MLJ252
S.A. Kader, J.1. The appeal is against the judgment and decree of the learned Additional Subordinate Judge of Salem in O.S. No. 556 of 1976. The unsuccessful plaintiffs are appellants.2. The suit was originally instituted by the 1st plaintiff and his three sons who are plaintiffs 2 to 4. Pending suit, the 1st plaintiff died whereupon his daughter and widow have been subsequently impleaded as plaintiffs 5 and 6. The brief facts of, the case which is a suit for compensation for land acquisition are these: The property more particularly described in the plaint bearing pymash Number 111/3, Komarapalayam Agraharam village in Trichengode Taluk with an extent measuring 3.09 acres belonged to the 1st plaintiff by purchase under three registered deeds of sale dated 29.4.1950, 30.7.1950 and 11.10.1950 in favour of the 1st plaintiff. Ever since, the 1st plaintiff had been in possession and enjoyment of, the same. Patta book has been issued in favour of the 1st plaintiff by the Government and kist...
Tag this Judgment!New India Assurance Company Ltd. Vs. Smt. Janaki and anr.
Court: Chennai
Decided on: Apr-22-1987
Reported in: (1987)2MLJ495
Swamikkannu, J.1. This is a case in which it has been elicited from the driver of the scooter involved in the accident that he had only a learner's licence during the time of the accident while he was driving the scooter. Neither the temporary licence of R.W. I for driving a scooter nor the Insurance policy had been produced in this case which are vital documents inasmuch as the contract of insurance is one exhibiting the principle of uberrima fide, and that even if there is a noncompliance of a term in the contract it will be sufficient for exonerating the liability of the Insurance Company. Therefore, this Court is of the opinion that the Award has to be set aside and the matter remitted back to the Tribunal for deciding the issues in this case in the light of the observations made above.2. In this regard, the learned Counsel for the first respondent herein referred to the report regarding 'Supreme Court ruling on Accident Insurance Claim' published in Indian Express, Madras, Sunday ...
Tag this Judgment!Shanmughanandham (Minor) Represented by Father and Guardian P.S.K. Sen ...
Court: Chennai
Decided on: Apr-22-1987
Reported in: (1988)1MLJ87
Srinivasan, J.1. The appellant, who was the writ petitioner, was successful in the S.S.L.C. Public Examination held in March, 1984 and had also obtained Higher Secondary Course Certificate after completing the course popularly known as '+2 Course'. She applied for admission to the Teacher Training Course in the first respondent institute. The minimum qualification for Teacher Training Course is completion of S.S.L.C. or X Standard New Pattern. She appeared for an interview on 19.8.1986. She was not selected for admission on the only ground that there was variation between the community certificate produced by her along with her application and the transfer certificate issued by the school in which she studied the '+2 Course.' While the Community certificate issued by the Tahsildar of Tiruchendur described her community as 'Hindu Yadavar', the Transfer Certificate described it as 'Hindu Konar'. The first respondent institutes took the view that the two certificates mentioned two differe...
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