Chennai Court January 1989 Judgments
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B. Rajappa Vs. the Additional Controller of Examinations, University o ...
Court: Chennai
Decided on: Jan-24-1989
Reported in: (1990)1MLJ330
Nainar Sundaram, J.1. The petitioner in W.P. No. 3572 of 1980 is the appellant in this writ appeal. The respondents in the writ petition are the respondents herein. The parties shall be referred to as per their nomenclature in the writ petition. The petitioner filed the writ petition with the following prayer:For the reasons stated in the accompanying affidavit, the petitioner prays that this Hon'ble Court may be pleased to issue a writ of certio-rarified mandamus or any other appropriate writ or other direction calling for the records from the University and quash the memorandum issued by the Additional Controller of Communications, Madras University, dated 6.3.1980 in his official memorandum No.B6/B.Arch/1980 and direct the Additional Controller of Examinations to arrange for a revaluation, by objective and dispassionate examiners, of my answer papers in B.Arch. (Final) examination, 1979 in Advanced Architectural Design, Thesis, Town Planning and Advanced Structural Design on a fair ...
Paramasivam Vs. the State
Court: Chennai
Decided on: Jan-23-1989
Reported in: 1990CriLJ1491
Janarthanam, J.1. The accused aggrieved by the conviction and sentence of life imprisonment imposed by the trial Court, has come forward with this appeal. 2. The brief facts are : The accused and Kuppammal (since deceased) are husband and wife. They are residents of Pavalangudi village, ten k.m. away from Mangalampettai Police Station. The spouses were in good terms for about two years prior to the occurrence, which happened on 17-8-1983. The accused actually suspected the fidelity of his wife thereafter and this led to frequent quarrels between them. The accused even went to the extent of complaining about the fidelity of his wife, the deceased to P.W. 3, who in turn reprimanded the conduct of the deceased number of times, without any effect. 3. The deceased, on the morning of the occurrence, went to her fields for work. P.W. 4 is an adjoining landowner. He was also attending to certain agricultural operations in his field. The deceased was carrying on the weeding operations with an i...
D. Gopalan Vs. B. Shanthi Alias Vennira Adai Nirmala and anr.
Court: Chennai
Decided on: Jan-23-1989
Reported in: [1990]186ITR623(Mad)
Arunachalam, J.1. This petition under Section 482, Criminal Procedure Code, has been filed by the petitioner claiming himself to be the Secretary of the Madras District Social Welfare Association, which is an association founded with the object of purifying public life and also exposing corrupt elements. This application seeks to implead the petitioner as a party respondent in Criminal Miscellaneous Petition No. 2854 of 1988 pending in this court. In Criminal Miscellaneous Petition No. 2854 of 1988, the first respondent is the petitioner and the second respondent is the respondent. The second respondent has filed a complaint against the first respondent before the court of the Additional Chief Metropolitan Magistrate, Economic offences, Egmore, Madras, alleging that the first respondent who had been granted a loan of Rs. 4,65,000 on April 17, 1986 by the A.I.A.D.M.K. party and admittedy received by her on April 18, 1986, violated Section 269SS of the Income-tax Act, the contravention o...
Rangammal Krishnamachari (Estate of Late) Vs. Central Board of Direct ...
Court: Chennai
Decided on: Jan-23-1989
Reported in: [1989]178ITR234(Mad)
Thanikachalam, J. 1. The writ petition was filed to issue a writ of certiorarified mandamus to call for the records of the respondents relating to the case of the petitioner in G.I.No. 1025 dated August 1, 1978, and to quash the same and for a consequential direction to the respondents to grant full quick succession relief in the estate duty assessment of the estate of Rangammal Krishnamachari in C.I.R. No. 1025. 2. The facts are one Ramaswamy, son of the deceased, Rangammal Krishnamachari, died intestate on October 18, 1969. On his death, all his properties devolved on Mrs. Rangammal Krishnamachari as the sole heir of V. K. Ramaswami. V. K. Ramaswami's properties were subjected to estate duty by the Assistant Controller of Estate Duty, Madras, in his assessment order dated may 31, 1972 in G.I.R. No. 703. The properties subjected to estate duty comprised, apart from the other properties, immovable properties, viz., a house at Lloyds Road and a vacant site at Mowbrays Road, Madras-18. T...
N. Sampathu Vs. the Chief Educational Officer, Vellore and ors.
Court: Chennai
Decided on: Jan-23-1989
Reported in: (1989)ILLJ382Mad
ORDERNainar Sundaram, J.1. The petitioner is a teacher in a private school, administered and managed by the third-respondent, which is a minority institution. On 30th August 1979, the petitioner was appointed as a Secondary Grade Assistant in the Walter Scudder Higher Secondary School, Tindivanam, of the third-respondent, hereinafter referred to as 'the school at Tindivanam'. The order of appointment says that the petitioner will be subject to transfer whenever necessary. After the Tamil Nadu Recognised Private School (Regulation) Act, 1973 (Tamil Nadu Act 29 of 1974), hereinafter referred to as 'the Act', came into force, an agreement was entered into by the Correspondent of the school at Tindivanam and the petitioner, setting out the terms and conditions of service. This agreement is in the form prescribed by the Tamil Nadu Education Rules. This is the result of a misconception because after the Act, the form to be adopted is the one prescribed by the Rules under the Act. In this agr...
T. Chandrasekaran Vs. the Committee of Management of Pachaiyappa's Tru ...
Court: Chennai
Decided on: Jan-23-1989
Reported in: (1989)ILLJ294Mad
Nainar Sundaram, J.1. The petitioner in W.P. No. 5859 of 1987 is the appellant in this writ appeal. The respondents in the writ petition are the respondents herein. It will be convenient for us if we refer to the parties, as per the nomenclature assigned to them in the writ petition. The first-respondent is a trust governed by a scheme framed by the original side of this Court. The management of the first-respondent has been taken over by the second-respondent under the Pachaiyappa's Trust (Taking over of Management) Act II of 1981. On 25th June 1971, the petitioner was appointed by the first-respondent as a B. T. Science Assistant in the Pachaiyappa's High School, Chidambaram, hereinafter referred referred to as 'the School at Chidambaram'. It must be immediately pointed out that there was no term in the order of appointment that the petitioner is liable to be transferred to any other school under the management of the first-respondent. On 1st December 1974, the Tamil Nadu Recognised ...
Commissioner of Income-tax Vs. Bala I.M. Rao
Court: Chennai
Decided on: Jan-20-1989
Reported in: (1989)76CTR(Mad)203; [1989]177ITR114(Mad)
Ratnam, J.1. In this reference under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), at the instance of the Revenue, the following question of law has been referred to this court for its opinion: 'Whether, on the facts and in the circumstances of the case and having regard to the provisions of the Explanation to section 271(1)(c) of the Income tax Act, the Appellate Tribunal was justified in cancelling the penalty of Rs. 12,011 levied under section 271(1)(c) ?' 2. The assessee is an individual. For the assessment year 1966-67 she filed a return on November 9, 1971, declaring an income of Rs. 5,505. In the course of the examination of the accounts of the assessee, it was found that she had made investments during the year amounting to Rs. 22,140. The assessee stated that the investments were made out of her past savings out of the presents given at the time of her marriage in 1961, and by her husband and the amounts realised by her arising out of the i...
Commissioner of Wealth-tax Vs. V. Vatsala
Court: Chennai
Decided on: Jan-20-1989
Reported in: (1989)76CTR(Mad)130; [1989]177ITR120(Mad)
Ratnam, J.1. In this reference under section 27(3) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), the questions of law referred for the opinion of this court are as follows: '(1) Whether, on the facts and in the circumstance of the case, the Tribunal was justified in holding that the provisions of section 18(1)(c) of the Wealth-tax Act, 1957, are not attracted to the assessee's case for the assessment year 1973-74 (2) Whether the finding of the Tribunal that the assessee had not deliberately furnished any inaccurate particulars of wealth is based on relevant materials and is a reasonable view to be taken on the facts of the case ?' 2. The assessee is an individual and in relation to the valuation date March 31, 1973, relevant for the assessment year 1973-74, she filed a return on June 22, 1973, admitting a net wealth of Rs. 97,345. This included two items of immovable property, viz., a house bearing door No. 3, Bharathi Nagar First Street, T. Nagar, Madras, valued...
V.R. Rajendran Vs. Controller of Estate Duty
Court: Chennai
Decided on: Jan-20-1989
Reported in: [1989]177ITR61(Mad)
Ratnam, J. 1. At the instance of the accountable person, the following questions of law have been referred for the opinion of this court under section 64(2) of the Estate Duty Act, 1953 (hereinafter referred to as 'the Act') '1. Whether, on the facts and in circumstances of the case, the Tribunal had valid and justifiable materials to hold that the deceased was a domicile of India at the time of his death 2. whether, on the facts and in the circumstances of the case, the exemption under section 21 of the Estate Duty Act was not available to the deceased in respect of his movable properties in Ceylon ?' 2. M. T. Veerappq Pillai, with whose estate we are concerned in this reference, was born in 1895 in Omandur Village, Lalgudi taluka, Truchy District, in India. He married Akilandathammal in India. In 1939, he left India for Galaha in Ceylon. In Ceylon he acquired certain properties and also married one Aravammal, a resident of Ceylon, on September 17, 1940, and through her, he had a dau...
T.R. Balaji Vs. the Management of Indian Bank and anr.
Court: Chennai
Decided on: Jan-20-1989
Reported in: (1989)ILLJ421Mad
Venkataswami, J.1. When the writ appeal came up for admission, notice of motion was ordered, Mr. Venkataraman, learned counsel appearing on behalf of Messrs. Aiyer and Dolia for the respondents. 2. The writ appeal is directed against the Order of Swamikkannu, J. in Writ Petition No. 4868/1981 dated 17th August 1988 declining to interfere with the Order of the 1st respondent Management dated 16th December 1980 in and by which the Management has terminated the services of the appellant. 3. The learned Judge has elaborately set out the facts leading to the filing of the writ petition. Hence we do not propose to repeat the same except to state the minimum facts necessary for appreciation the contentions raised by the learned counsel on both sides. 4. The appellant was initially recruited temporarily as a sub-staff (Peon) on 4th April 1977. Later on, by virtue of a settlement between the Management and the Employees' Union of the Bank entered into under Section 12(3) of the Industrial Dispu...
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