Chennai Court March 1988 Judgments
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Sara Fasteners and Grip Industries (P) Limited, by Its Managing Direct ...
Court: Chennai
Decided on: Mar-14-1988
Reported in: (1989)2MLJ97
ORDERSrinivasan, J.1. This appeal is against an order passed by the District Judge, North Arcot at Vellore, under the provisions of the State Financial Corporation Act, 1981 directing the sale of mortgaged properties. There is no dispute that a sum of Rs. 8,96,352-38 is due to the respondent from the appellant.2. Three points raised before me by learned Counsel for the appellant are as follows - The District Judge, North Arcot, Vellore, had no jurisdiction to entertain the petition under Section 21 of the said Act as the appellant had shifted his business to Madras even before the filing of the petition, Learned Counsel submitted that the mortgage deed on which the respondent has applied under Section 31 of the Act for sale of the properties, related to the properties situated within North Arcqt District. At the time when the petition was filed, the second schedule properties -had been removed outside the district and were brought to Madras. Learned Counsel, therefore, submitted that t...
C. Leo Machodo Vs. Commissioner of Income-tax
Court: Chennai
Decided on: Mar-11-1988
Reported in: (1988)69CTR(Mad)95; [1988]172ITR744(Mad)
M.N. Chandurkar, C.J.1. The question which falls for consideration in this reference at the instance of the assessee reads as follows : 'whether, on the facts and in the circumstances of the case, the assessee is not liable to be assessed to capital gains tax in respect of the sum of Rs. 1 lakh received by the assessee from the United India Fire and General Insurance Co., on November 25, 1974, on the loss of the boat No. TTN 39 ?' 2. The assesse was carrying on the business of boats and during the relevant accounting year, a boat belonging to the assessee being boat No. TTN 39 met with an accident on August 17, 1974, and got sunk in the sea. The boat was insured with the United India Fire and General Insurance Company and in accordance with the contract of Insurance, the assessee received a sum of Rs. 1 lakh from the insurance company on November 25, 1974. 3. In the assessment proceedings for the assessment year 1976-77, the Income-tax officer taking the original cost of the boat at Rs...
M.A. Namazie Endowment Vs. Commissioner of Income-tax
Court: Chennai
Decided on: Mar-11-1988
Reported in: (1988)69CTR(Mad)117
Srinivasan, J. 1. The assessee, at whose instance this reference has been made, is a wakf established by late Mirza Mohammed Ali Namazie by a Wakfnama dated January 17, 1930. Under the deed, the wakif constituted himself, his son and his son-in-law as the mutawallis. The relevant terms of the wakfnama are as follows : 'The parties hereto of the second part and the survivor or survivors of them or other mutawallis for the time being of these presents all of whom are hereinafter included in that expression, 'The mutawallis', shall hold the said immovable properties hereinbefore transferred and conveyed upon trust to permit the same the income thereof to be appropriated and used in property : 1. for the benefit of the poor relations of the wakif; 2. for celebrating Mohurrum and other religious festivals of the Shias; 3. for the conduct of marriages and burials of poor Mussalmans; 4. for the benefit of poor Syeds; and 5. for such other religious, pious or charitable purposes as are al...
E.i.D. Parry Limited Vs. Commissioner of Income-tax
Court: Chennai
Decided on: Mar-11-1988
Reported in: (1988)69CTR(Mad)49; [1988]174ITR11(Mad)
Srinivasan, J. 1. The question of law referred to us by the Income-tax Appellate Tribunal, Madras, reads as follows : 'Whether, on the facts and in the circumstances of the case, the amounts of Pounds 34,674, Pounds 52,301 and Pounds 23,832 are taxable as revenue receipts or short-term capital gains ?' 2. The facts leading to the reference lie in a small compass. The assessee-company was incorporated in England in 1897, under the English Companies Act, the liability of the members being limited. It has shareholders in U. K. and India. The capital is collected in sterling and entered in the U. K. register. The business is carried on in India. The balance-sheet and the profit and loss account are mainly published in terms of sterling and corresponding balance-sheets, etc., in rupees also are made out. The income of the assessee for tax purposes is worked out on the basis of rupee accounts. In 1965, the assessee had a proposal for the expansion of the fertiliser factory at Ennore and for ...
Raja D.V. Seetharamayya Bahadur Vs. Commissioner of Gift-tax
Court: Chennai
Decided on: Mar-11-1988
Reported in: [1988]173ITR366(Mad)
Srinivasan, J.1. The assessee made a gift of the property bearing No. 1, Kasthuri Ranga Iyengar Road, Madras-18, by a deed dated June 9, 1972. The property comprised of land measuring about 16,000 sq. ft. with a building thereon having a plinth area 2,400 sq. ft. The assessee admitted the value of the property at Rs. 75,000 for gift-tax purposes for the assessment year 1973-74. The Gift-tax Officer felt that the value returned was very low and called upon the assessee to produce the revenue records and a copy of the statement filed under rule 3 of the Stamp Rules. That was not done. The assessee did not give any reply to the letter of the Gift-tax Officer dated December 15, 1975, requiring him to specify his objections to adopt the market value at Rs. 1,50,000. The Gift-tax Officer found that the prevailing market rate in the area in which the property is situated during the relevant period ranged between Rs. 16,000 and Rs. 18,000 per ground. As regards the building, the Gift-tax Offic...
Mani Higher Secondary School, Coimbatore Vs. the Joint Director (Secon ...
Court: Chennai
Decided on: Mar-11-1988
Reported in: (1989)ILLJ34Mad
ORDER1. Petitioner School is the Higher Secondary School and it files this writ petition to quash the order of the second respondent dated 20th August 1985 and earlier order passed by the first respondent dated 7th November 1983, holding that third respondent-teacher is entitled to be restored to the post of Tamil Teacher with full benefits. 2. Petitioner states as follows : Service conditions of the third respondent are governed by the terms of a service agreement entered into as prescribed in G.O.Ms. No. 587, Education, dated 22nd February 1978. According to clause 8 therein, if a teacher is found unfit to discharge his duties, the he is liable to be terminated on payment of three months' pay. Third respondent is the only qualified Tamil Teacher for Higher Secondary Classes, and there being no substitute to handle the said classes, and further as he was suffering from peptic ulcer, nervous debility, and exhaustion, he could not discharge his duties properly. In spite of oral warnings...
Lucky Electrical Stores, by Partner Mahendra Kumar Shah and anr. Vs. R ...
Court: Chennai
Decided on: Mar-11-1988
Reported in: (1988)1MLJ187
ORDERM.N. Chandurkar, C.J.1. This revision petition is directed against the order of the III Assistant Judge, City Civil Court, Madras, rejecting the application for grant of unconditional leave to defend filed by the present petitioners-defendants (hereinafter referred to as the defendants) in O.S. No. 1523 of 1982 filed by the plaintiff. The plaintiff had filed the summary suit under Order 37 of the Code of Civil Procedure against the defendants for recovery of a sum of Rs. 11,525 with interest at 18 per cent per annum on Rs. 6,800 from the date of suit till realisation. The claim of the plaintiff was based on a credit bill of the value of Rs. 9,709.37 which according to the plaintiff represented a credit sale made on 1.9.1979 in respect of certain goods purchased by the defendants. According to the plaintiff, the defendants had agreed to pay the said amount within thirty days with interest at 18 per cent per annum and they also promised to send a 'C'-Form and to pay 6 per cent sales...
Nagoor Gani Alias Rajamani and ors. Vs. Gandhi Meenal and ors.
Court: Chennai
Decided on: Mar-11-1988
Reported in: (1988)2MLJ171
ORDERSivasubramaniam, J.1. C.R.P. Nos. 2742, 2843 of 1986, 606 and 635 of 1987 are directed against the orders passed in I.A. Nos. 11/85, 515 of 1984, 84 of 1985 and 514 of 1984 respectively in O.S.No. 161 of 1979 on the file of the Sub Court, Ramnad at Madurai, and C.R.P.Nos. 4081 of 1986 and 151 of 1987 are directedagainst the orders passed in E.P.No. 11 of 1986 in O.S.No. 161 of 1979 on the file of the said Court. 2. These revision petitions arise out of the proceedings relating to the estate of late Muthuramalinga Thevar who was one of the most popular leaders of Tamil Nadu who owned extensive movable and immovable properties situated in various villages in Ramanathapuram District. During his life time, he filed the suit in O.S.No. 61 of 1929 on the file of the Subordinate Judge, Ramanathapuram at Madurai claiming a half share against his father. The 44th defendant in that suit was one Indrani Ammal who was born to the father of Muthuramalinga Thevar through one Nagammal. In the sa...
T.i. Krishna Pillai and anr. Vs. Arunachalam Pillai (Died) and 6 ors.
Court: Chennai
Decided on: Mar-09-1988
Reported in: II(1993)DMC530
Sathiadev, J.Plaintiffs in O.S. No. 513 of 1971 on the file of II Additional, Subordinate Judge, Tiruchirapalli are the appellants. The two defendants are respondents herein. Plaintiffs filed the above suit in forma pauperis for declaration and for possession with mesne profits.1. In the plaint, they claimed that one Perumal had two sons, Parimanam Pillai and Ondachia Pillai. Ondachia Pillai had a son Maria Pillai, to whom Thiruvengadam was born, and for the purpose of this appeal, he is called as Thiruvengadam-I. He had two sons and they are the two plaintiffs, Parimanam Pillai had a son known as Thiruvengadam Pillai, called as Thiruvengadam-II, who died in 1923 leaving behind his wife Sivabaghyam, who died on 24.1.1967, leaving behind her daughter Ranganayaki, the second defendant, and her husband Arunachalam, the first defendant. The suit property is old Door No. 8 and new Door No. 21 in Varaganeri, Tiruchirapalli, which was purchased by Ondachia Pillai on 6.5.1885. There being no d...
M.Ct.M. Corporation Pvt. Ltd., Madras and ors. Vs. the Director of Enf ...
Court: Chennai
Decided on: Mar-09-1988
Reported in: AIR1989Mad141
M.N. Chandurkar, C.J. 1. These five appeals arise out of an order of the Foreign Exchange Regulation Appellate Board, made in five connected appeals which were also filed by the present appellants but were dismissed by the Appellate Board.2. The appellant in C.N.A. No. 636 of 1980 is a Private Limited Company and the appellants in the other four appeals are the directors of the said company. All the appellants who were initially charged for having contravened the provisions of Section 10(1)(b) of the Foreign Exchange Regulation Act 1947 (hereinafter referred to as the Act) were later on proceeded against departmentally for- contravention of the provisions of Section 10(1)(a) of the Act. The contravention committed were described in the charge-sheet as follows-(i) that the fifth appellant, in contravention of the provisions of Section 10(1)(a) of the F.E.R. Act 1947, failed to take or refrained from taking any action which had the effect of securing that the receipt by the fifth appella...
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