Chennai Court October 1988 Judgments
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Kalyani Sundaram Vs. Shardlow India Ltd. and ors.
Court: Chennai
Decided on: Oct-14-1988
Reported in: [1990]67CompCas306(Mad)
Mohan, J.1. These appeals arise out of the common judgment of Ramaprasada Rao J., as he then was, rendered in company petitions Nos. 27 to 31 of 1976. A common question arose in all those petitions. The nature of relief was for rectifying the register of members of five incorporated companies, namely, Shardlow India Ltd., India Pistons Ltd., Tractors and Farm Equipment Ltd., Bimetal Bearings Ltd. and Reichhold Chemicals India Ltd. 2. The rectification sought for was for the removal of the name of Associated Printers (Madras) Ltd. from the share register of each of the above companies. A further relief was prayed for to effect that the petitioner before the learned single judge, the appellant before sub, should be substituted as the holder of such shares in the place of the said Associated Printers (Madras) Ltd. 3. The third respondent in the appeals was the third respondent before the learned judge in all a the company petitioners. He is none other than the brother of the petitioner be...
Nallammal Vs. Sangili Moopan
Court: Chennai
Decided on: Oct-14-1988
Reported in: (1988)2MLJ363
ORDERSathiadev, J.1. Decree-holder in O.S.No. 544 of 1978 on the file of District Munsif's Court, Peramalur is the petitioner, and the judgment-debtor is the respondent. In execution of a money decree obtained, the properties of the respondent were attached and brought to sale in execution proceedings. It was at that stage, E.A. No. 14 of 1981 was filed under Section 4(1)(a) of Tamil Nadu Act 13 of 1980, claiming benefits under the Act. Petitioner claimed that respondent owns 46 cents of nanja land, which is fed with water from a nearby lake, and there is also a well with motor and pumpset. Apart from it, he owns 2/2 acres of land, which is also cultivated with well water with the help of an oil engine. An annual income of Rs. 12,000 is derived, from and out of those properties worth about Rs. 75,000. He also owns a house property situated on the main road of a value of Rs. 10,000. Therefore, the provisions of the Act would not apply to him.2. The executing Court held that respondent o...
Muthu Vs. State
Court: Chennai
Decided on: Oct-13-1988
Reported in: 1990ACJ530
Janarthanam, J.1. The revision petitioner is the accused in C.C. No. 2108 of 1984 on the file of the IV Metropolitan Magistrate, Saidapet. He was found guilty for the offences under Sections 304-A and 338 (two counts), Indian Penal Code and Sections 116 and 86(1) read with Section 112 and Rule 215(a) read with Section 112, Motor Vehicles Act, convicted thereunder and sentenced to rigorous imprisonment for one year and a fine of Rs. 500/-, in default rigorous imprisonment for three months for the offence under Section 304-A, Indian Penal Code, a fine of Rs. 600/-, in default to undergo rigorous imprisonment for four months for each of the two counts under Section 338, Indian Penal Code, a fine of Rs. 100/-, in default simple imprisonment for four weeks for the offence under Section 116 of the Motor Vehicles Act, a fine of Rs. 25/-, in default simple imprisonment for two weeks for violation of Section 86(1) read with Section 112 of the Motor Vehicles Act, and a fine of Rs. 50/-, in defau...
Kuppusamy Naicker Vs. Lakshmana Gounder and anr.
Court: Chennai
Decided on: Oct-12-1988
Reported in: AIR1989Mad270
ORDERRatnam, J.1. This civil revision petition is directed against the order of the learned Subordinate Judge, Villupuram, dismissing LA. 614 of 1987 filed under Section 5 of the Limitation Act, to condone the delay in preferring the appeal against the judgment and decree in O.S. 1153 of 1983 on the file of the District Munsif Court, Villupuram. The said suit was disposed of on 12-10-1984, by the District Munsif and the suit was decreed. The appeal against the judgment and decree in O.S. 1153 of 1983 had been filed before the Sub-Court, Villupuram. Since there was some delay in the filing of the appeal, the petitioner filed LA: 614 of 1987 for the condonation of the delay. That application, however, came up before the Subordinate Judge, Villupuram, who was none other than the very District Munsif, Villupuram, who disposed of the suit. The learned Subordinate Judge, dismissed the application, the correctness of which is questioned in this civil revision petition.2. From the facts set ou...
Smt. Shenbagavalliammal Vs. Authorised Officer, Land Reforms
Court: Chennai
Decided on: Oct-12-1988
Reported in: (1989)2MLJ168
ORDERRatnam, J.1. This Civil Revision Petition has been preferred against the order of the Land Tribunal, Madurai in L.T.C.M.A. No. 62 of 1983, confirming the order of the Authorised Officer (Land Reforms), Tirunelveli, holding that the sales effected by the petitioner on 25.2.1970 and 27.2.1970 in favour of one Dr. Muthukumarasami and one Milappa Pillai, respectively are void.2. The petitioner held lands in excess of the ceiling area under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act 58 of 1961 as amended by Act 17 of 1970 (hereinafter referred to as 'the Act') on 15.2.1970. Between the date of the commencement of the Act, viz., 15.2.1970 and the notified date, viz., 2-10-1970, the petitioner executed two sale deeds on 25.2.1970 and 27.2.1970 in relation to 1 acre and 64 cents and 7 acres and 56 cents of lands in favour of Dr. Muthukumarasami and S.Millappa Pillai. Proceedings were initiated under Section 22 of the Act with reference to the sales so executed by the pe...
The Tamil Nadu Hotels Association Vs. State of Tamil Nadu and ors.
Court: Chennai
Decided on: Oct-11-1988
Reported in: [1989]74STC250(Mad)
Swamikkannu, J.1. This is a petition for issue of a writ of certiorari calling for the records relating to G.O. Ms. No. 1187 dated 22nd October, 1982, from the first respondent, State of Tamil Nadu, represented by the Secretary to the Government, Commercial Taxes and Religious Endowments Department, Madras-9 and quashing the same. 2. It is, inter alia, stated in the affidavit sworn to by the President of the petitioner-Association thus : 3. The Association constituted by the hotel owners in the State of Tamil Nadu is registered under the Societies Registration Act. Under the rules and regulations of the petitioner, any person carrying on the business of hotel or restaurant within the State of Tamil Nadu is eligible to become a member of the Association. As at present i.e., at the time of filing the writ petition, there are about 900 members on the rolls of the Association. The objects for which the petitioner - Association was established are among others : (a) To educate all those who...
Kalaivani Fabrics Vs. Collector of Customs (Appeals)
Court: Chennai
Decided on: Oct-07-1988
Reported in: 1989(23)LC58(Madras); 1989(44)ELT219(Mad)
ORDER1. The short question which arises for consideration in these four connected writ petitions is, whether blanched and roasted peanuts fall within the category of groundnut kernels under Heading 20(i) of the II Schedule - Export Tariff of the Customs Tariff Act of 1975. 2. M/s. Kalaivani Fabrics, M/s. Mala International and M/s. Siva Tax are sister-partnership concerns doing business in imports and exports. Under Export Trade Control Circular No. 159/80, dated 1-11-1980 and Joint Chief Controller of Imports and Exports allowed the export of blanched and roasted peanuts in bulk on first-come-first-served basis within a limited ceiling subject to minimum export price of Rs. 9,000/- per ton. The three sister concerns obtained export licence for 200 metric tons each, but, while the licences in favour of M/s. Kalaivani Fabrics (petitioner in W.P. No. 3059/84 and M/s. Siva Tex (Petitioner in W.P. No. 3062/84) were for 200 tons each, M/s. Mala International (Petitioner in W.P. Nos. 3060 an...
State Bank of India Vs. N. Sathiah and Etc.
Court: Chennai
Decided on: Oct-07-1988
Reported in: AIR1989Mad279
Sathiadev, J.1. These appeals are preferred by Stale Bank of India, ArantangiBranch against the judgments in O.S. Nos. 9,10, 12 and 11 of 1978 on the file of Sub-Court,Pudukottal. The said suits were filed forrecovery of amounts due and payable by therespective defendants based on amountsborrowed by them by executing promissorynotes and pledging their jewels on differentdates agreeing to pay interest at 2% aboveState Bank of India advance rate with aminimum of 12% p.a. with quarterly rests.The loans were payable on demand. As HeadOffice of the Plaintiff Bank at Madrasentertained suspicion on a large number ofloans taken by one Sathiah, in July, 1975 adetailed verification of ornaments pledgedby him, his relatives and associates of whomthe defendants happened to be some; it wasfound that spurious jewels have beendeposited, and therefore complaints werelodged with Arantangi Police, who investigated the matter and the same is pending.The jewels were seized by the Police alongwith the orig...
K.A.M. Mappillai Mohideen Vs. P.K.K. Shamsudeen and ors.
Court: Chennai
Decided on: Oct-07-1988
Reported in: (1989)1MLJ14
ORDERMohan, J.1. This civil revision petition is directed against the order of the Election Tribunal (District Munsif), Kulithalai, in Election O.P. No. 7 of 1986 filed under Section 178 of the Tamil Nadu Panchayats Act setting aside the election of the revision petitioner. The parties are referred to in the manner arrayed in this revision petition.2. The revision petitioner and respondents 1 and 2 contested the election for the Post of President of the Keelapaguthi Panchayat, Kulithalai Taluk. The said Panchayat is a unit of Kadavur Panchayat Union. The revision petitioner contested on the symbol of 'Squirrel' while the first respondent was given the symbol of 'Saw' and the second respondent 'Scissors'. The election took place on 23.2.1986. The counting of the votes took place on 25.2.1986. The revision petitioner secured 649 votes while the first and the second respondents secured 556 votes and 8 votes respectively. The invalid votes were 55. Consequent to this, the revision petition...
State Bank of India Vs. N. Sathiah and ors.
Court: Chennai
Decided on: Oct-07-1988
Reported in: (1989)1MLJ338
Sathiadev, J.1. These appeals are preferred by State Bank of India, Arantangi branch, against the judgments in O.S.Nos.9, 10, 12, and 11 of 1978 on the file of the Sub-Court, Pudukottai. The said suits were filed for recovery of amounts due and payable by the respondents-defendants based on amounts borrowed by them by executing promissory notes and pledging their jewels on different dates agreeing to pay interest at 2 per cent above State Bank of India advance rate with minimum of 12 per cent per annum with quarterly rests. The loans were payable on demand. As Head Office of the plaintiff bank at Madras entertained suspicion on a large number of loans taken by one Sathiah in July, 1976, on a detailed verification of ornaments pledged by him, his relatives and associates of whom the defendants happened to be some, it was found that spurious jewels have been deposited and therefore, complaints were lodged with Arantangi police, who investigated the matter and the same is pending. The jew...
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