Chennai Court January 1989 Judgments
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Lucas T.V.S. Limited Vs. Assistant Collector of Central Excise and ors ...
Court: Chennai
Decided on: Jan-06-1989
Reported in: 1990(28)LC92(Madras)
Thanikkachalam, J.1. The appellant is the petitioner in W. P. No. 4563 of J 976. For the purpose of convenience, we adopt the summary of parties as set out in the writ petition. The petitioner filed the Writ petition for the issue of writ of certiorarified mandamus to quash the order passed by the second respondent herein dated 18.3.1976 as confirmed by the respondents 3 and 4 and for refund of the excess duty paid by the petitioner by mistake of law.2. The question that arose for consideration in the writ petition was and now arising in this writ appeal is 4(a) of the Central Excises and Salt Act, 1944 hereinafter referred to as the Act, as to what is the basis to determine the assessable value for the purpose of levying excise duty. M/s. Lucas T.V.S. Limited, the petitioner, is the manufacturer among other products, starter motors, wiper motors and parts thereof viz. starter armatures and wiper armatures. These items fall under items 30(3) and 30(4) of the Central Excise Tariff. With...
The Executive Officer, Arulmigu Ranganathaswami Devasthanam Vs. His Ho ...
Court: Chennai
Decided on: Jan-06-1989
Reported in: (1989)2MLJ54
Bellie, J.1. The controversy in these two Letters Patent Appeals is as to the requirement of issue of notice under Section 80 of the Code of Civil Procedure. The two appeals arise out of one suit. To state a few facts of the case, according to the plaintiff -His Holiness Srivan Satagopa Sri Vedantha De-sika Yathindra Mahadesigan, 44th Jeer of Sri Abhobila Math - Hereditary Trustee of Vedantha Desikar Sannadhi within the precincts of Sri Ranganathaswamy Temple at Srirangam, there is a shrine for Sri Vedantha Desikar inside the temple. It was an established usage to bring the idol of Sri Vedantha Desikar along with other Achariafs and Alwars to the Sanctum Sanctorum of Lord Rahganatha in the temple on the days of Yugathi, Deepavali and Kanu, etc. with Vadakalai Paraphernalia, Patram, Vazhithirunamam, etc. Unfortunately disputes arose between Thenkalai and Vadakalai vaishnavites and in this regard there were criminal proceedings also and the Thenkalais obstructed taking the idol of Sri Ve...
Sadhu Sri Vaishnavar Nambi Srinivasa Iyengar Vs. K.K.V. Annan Srinivas ...
Court: Chennai
Decided on: Jan-05-1989
Reported in: AIR1990Mad375
1. The first defendant in O.S. 550 of 1977, District Munsif Court, Tiruchirapalli, is the appellant in this civil miscellaneous appeal. That suit was instituted by the first respondent herein under the following circumstances. According to the case of the first respondent, in Sri Ranga-nathaswami temple at Srirangam from time immemorial, the recitation of Divya Pra-bandam before Sri Ranganathaswami by Adyabaga Goshti had been in vogue whenever the deity is taken out in procession outside Aryabatal vasal and for this mirasi service, the service holders had been remunerated and this mirasi right had been vested in the family of the first respondent and his ancestors. The first respondent claimed that his ancestors and others were doing this service and receiving the perquisites and pecuniary remuneration for several generations and this is in the nature of a hereditary right and mirasi service. It was also claimed that the first respondent had the right of appointing competent persons fo...
The Management of Punjab National Bank Vs. S.C. Gupta and anr.
Court: Chennai
Decided on: Jan-05-1989
Reported in: (1990)ILLJ605Mad
Ratnam, J.1. A question of jurisdiction with reference to the maintainability of an appeal preferred by the first respondent before the second respondent herein under Section 41(2) of the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as 'the Act'), arises for consideration and decision in this writ appeal preferred at the instance of the Management of Punjab National Bank against the order passed by a learned single Judge in W.P. No. 7528 of 1984. 2. The facts are simple and undisputed as well. The first respondent herein was an employee of the erstwhile Hindustan Commercial Bank Ltd., which later merged with the appellant-bank. The first respondent was employed as Manager at Madras Branch. On 12th September, 1983, the Chief General Manager of the erstwhile Hindustan Commercial Bank Ltd., issued an order in the following terms :- 'The following transfers and postings are ordered in the interest of Bank's work. Shri R. K. Mehra, Manager, Hazaratganj Lucknow Bra...
National Insurance Company Vs. T. Elumalai and Anothers
Court: Chennai
Decided on: Jan-03-1989
Reported in: II(1990)ACC335; 1990ACJ426; AIR1990Mad71
1. The Insurance Company, against which the Motor Accidents Claims Tribunal, had passed an award for Rs. 44,800/- for the injury sustained by the second respondent herein, has filed the present appeal challenging its liability to pay the compensation.2. Facts briefly are:-- On 5-3-1980, the second respondent was knocked down by an auto-rickshaw TMZ 5785 belonging to the first respondent and insured with the appellant. The vehicle was driven in a rash and negligent manner. The second respondent sustained very serious injuries, which necessitated prolonged treatment and finally left him with permanant disablement. He filed O.P.No. 233 of 1980 under S. 110-A of the Motor Vehicles Act (hereinafter referred as to the Act) before the Motor Accidents Claims Tribunal (Court of Small Causes), Madras claiming a total compensation of Rupees 50,000/-.3. The first respondent remained ex parte.4. The appellant resisted the claim contending that the accident was not due to the rash and negligent driv...
Universal Enterprises Vs. Padmavathi and ors.
Court: Chennai
Decided on: Jan-03-1989
Reported in: [1992]75CompCas399(Mad)
Padmini Jesudurai, J.1. The owner of the motor cycle against whom the Motor Accidents Claims Tribunal had passed an award for a sum of Rs. 27,950, has filed the present appeal challenging the finding exonerating the insurance company. 2. Facts briefly are : The motor cycle bearing Registration No. MDO 7949 belonging to the appellant, on December 21, 1975, being driven in a rash and negligent manner by one Sekar Jayaraman, hit the deceased husband of the first respondent, who sustained serious injuries and later died. The first respondent, therefore, filed O.P. No. 422 of 1976 under section 110A of the Motor Vehicles Act, before the Motor Accidents Claims Tribunal (Chief Judge), Madras, claiming a total compensation of Rs. 30,000. Since it was alleged that, before the fatal impact, the motor cycle first hit the left front side of a car MDT 6582 belonging to the third respondent and insured with the fourth respondent, respondents 3 and 4 were made parties in the claim petition. 3. The ap...
Subramania Naicker and anr. Vs. Kuppuswamy and anr.
Court: Chennai
Decided on: Jan-03-1989
Reported in: 1990ACJ261; AIR1989Mad297
Padmini Jesudurai, J.1. The owner of the vehicle and his insurer, against whom the Motor Accidents Claims Tribunal has passed an Award, apportioning the liability as between them, have filed the present appeal, challenging their liability to pay compensation.2. Facts briefly are : The deceased. Umapathy was employed as a Truck Driver, in the tractor bearing Registration No. TNM 7005 belonging to the first appellant and insured with the second appellant. On 25-7-1980 while the deceased was driving the tractor on the Madras Bangalore Road, a bus bearing Registration No. TMN 8068 belonging to the second respondent, being driven in a rash and (negligent) manner by its driver, dashed against the tractor, which over-turned on the road. The deceased Umapathy sustained serious injuries and succumbed to them later. The first respondent, who is the father of the deceased Umapathy, filed M.A.C.T.O.P. No. % of 1981 under Section 110A of the Motor Vehicles Act (hereinafter referred to as the Act) b...
Vaidyanatha Pillai Vs. Narasimhan and ors.
Court: Chennai
Decided on: Jan-03-1989
Reported in: AIR1989Mad330
Padmini Jesudurai, J. 1. The claimant, who was awarded compensation by the Motor Accidents Claims Tribunal for injuries sustained by him an accident caused by the Jeep TNU 3220, belonging to the second respondent, insured with the third respondent and being driven by the first respondent in a rash and negligent manner, has filed the present appeal challenging the award absolving the third respondent, the Insurance Company and casting liability on the first respondent, the driver on the vehicle.2. Facts briefly are: on 9-12-1973 at about 5.45 p.m. while the appellant was coming from the bus stand at Paramakudi carrying betel leaves bundle on his cycle, he was knocked down by Jeep TNU 3220. The jeep was driven in a rash and negligent manner by the first respondent. The appellant sustained compound fracture of the left leg bone below the knee and above the ankle and the foot was crushed. The appellant underwent treatment, which finally left him with permanent disablement. The appellant fi...
Murugaiyan Vs. Meenakshi Ammal
Court: Chennai
Decided on: Jan-03-1989
Reported in: (1989)1MLJ376
ORDERK.M. Natarajan, J.1. This application is filed under Section 151, Civil Procedure Code, for stay of ; final decree proceedings in O.S. No. 1069 of 1980 on the file of the Principal District Munsif, Villupuram, pending disposal of the second appeal. It is alleged in the affidavit filed in support of the application that the respondent filed the suit O.S. No. 1069 of 1980 for recovery of possession on the ground that she is the only heir of late Kanna Kounder and that the petitioner herein is the son of the respondent's father's concubine. The case of the petitioner defendant is that his mother was the lawfully married wife of Kannia Kounder and that the respondent's mother was not the wife of his father and that she is the wife of one Narasinga Pillai. It is his further case that items 1 to 3 belonged to his father and that items 4 and 5 belonged to the deceased Thayarammal who is the first wife of his father. The trial Court dismissed the suit while the appellate Court revised the...
National Insurance Company Vs. T. Elumalai and anr.
Court: Chennai
Decided on: Jan-03-1989
Reported in: (1989)1MLJ489
ORDERPadmini Jesudurai, J.1. The Insurance Company, against which the Motor Accidents Claims Tribunal, had passed an award for Rs. 44,800 for the injury sustained by the second respondent herein, has filed the present appeal challenging its liability to pay the compensation.2. Facts briefly are: On 5-3-1980, the second respondent was knocked down by an auto-rickshaw TMZ 5785 belonging to the first respondent and insured with the appellant. The vehicle was driven in a rash and negligent manner. The second respondent sustained very serious injuries, which necessitated prolonged treatment and finally left him with permanent disablement. He filed O.P. No. 233 of 1980 under Section 110-A of the Motor Vehicles Act (hereinafter referred as to the Act) before the Motor Accident Claims Tribunal (Court of Small Causes), Madras claiming a total compensation of Rs. 50,000.3. The first respondent remained ex-parte.4. The appellant resisted the claim contending that the accident was not due to the r...
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