Chennai Court July 1989 Judgments
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The Commissioner, Hindu Religious and Charitable Endowments and anr. V ...
Court: Chennai
Decided on: Jul-10-1989
Reported in: (1989)2MLJ202
K.M. Natarajan, J.1. The unsuccessful defendants before the lower appellate court have preferred this second appeal.2. The facts which are necessary for the disposal of this second appeal are briefly as follows: The respondent-plaintiff filed a suit for declaration that Arulmigu Kanni Sidhi Vinayagar Temple in Kanni Vinayagar Street, Melapalayam, is a denominational temple belonging to the Saiva Vellalas of Melapalayam and also for a consequential relief of permanent injunction restraining the defendants and their men from interfering in any manner with the plaintiff's management of administration of the temple and for costs.3. The case of the respondent-plaintiff is that the suit temple is a denominational temple belonging to Saiva Vellalas residing at Melapalayam. The members of the above-said community have established the temple long time back and have been maintaining the said temple all these years by spending huge amount for the improvement of the said temple. It is further stat...
Dhatchayani and ors. Vs. I.G. Transports and ors.
Court: Chennai
Decided on: Jul-07-1989
Reported in: I(1990)ACC150; 1990ACJ850
V. Ratnam, J.1. In this appeal at the instance of the claimants against the award of the Motor Accidents Claims Tribunal, Chengalpattu, in M.C.O.P. No. 380 of 1981, the only question that arises for consideration is whether the Tribunal was right in awarding a sum of Rs. 36,000/- towards the compensation as against Rs. 50,000/- claimed by the appellants. There is no dispute that in the accident that took place on 17.6.1981, the husband of the first appellant and the father of appellant Nos. 2 to 5 one Muthusami lost his life. Equally, there is no dispute that the accident was caused by the rash and negligent driving of the driver of the lorry. The Tribunal, on the basis of a suggestion put to PW 1 determined the contribution of the deceased to the appellants at Rs. 150/- p.m. and taking into account the age of the deceased at the time of his death at 36 years, multiplied the contribution of Rs. 1,800/- per annum for 20 years and awarded a compensation of Rs. 36,000/- inclusive of the l...
R. Venkatesa Konar Vs. Ryhena Bi and Others
Court: Chennai
Decided on: Jul-06-1989
Reported in: AIR1990Mad196
ORDERBellie, J.1. This Letters Patent Appeal arises out of a partition suit. Though the suit has been filed in respect of several items of properties, we are now concerned only with hem III of plaint 'A' schedule property. The suit property originally belonged to one Ab-dul Mohamed Rowther. The plaintiff is one of his two daughters. First defendant is his wife, second defendant is the other daughter and defendants 3 and 4 are his sons. Seventh defendant is his brother and defendants 4 and 5 are respectively the brother and sister of the mother of the first defendant. Sixth defendant is an alienee-purchaser of the suit item III of the 'A' schedule from the first defendant. Item III of 'A' schedule is a storeyed house. The site on which the building stands belongs to the first defendant by virtue of a settlement deed executed by her mother in her favour in respect of 49/56 shares of the land she owned there. It appears there was a tiled house in that site, but the plaintiff's father i.e....
R. Venkatesa Konar Vs. Ryhana Bi and ors.
Court: Chennai
Decided on: Jul-06-1989
Reported in: (1989)2MLJ117
Bellie, J.1. This Letters Patent Appeal arises out of a partition suit. Though the suit has been filed in respect of several items of properties. We are now concerned only with item III of plaint 'A' Schedule property. The suit property originally belonged to one Abdul Molaud Rawther. 'The plaintiff is one of his two daughters. First defendant is his wife, Second defendant is the other daughter and defendant 3 and 4 are his sons. Seventh defendant is his brother and defendants 8 and 9 are respectively the brother and sister or the mother of the first defendant. Tenth defendant is an alienee-purchaser of the suit item III of the 'A' schedule from the first defendant. Item HI of 'A' schedule is a storeyed house. The site on which the building stands belongs to the first defendant by virtue of a settlement deed executed by her mother in her favour in zeapact of 49/56 shares of the land she owned there. It appears there was a tiled house in that site, but the plaintiffs father i.e., the hu...
Selvamani Vs. State Represented by Inspector of Police
Court: Chennai
Decided on: Jul-06-1989
Reported in: (1989)2MLJ506a
ORDERJanarthanam, J.1. This is an application filed Under Section 482, Cr.P.C. to dispense with the personal appearance of the petitioner before the Judicial Magistrate II, Kulithalai, pending disposal of CA. No. 158 of 1984.2. The petitioner was found guilty for an offence under Section 307 I.P.C. convicted thereunder, and sentenced to seven years R.I. by the learned Section Judge, Trichy, in S.C. No. 128 of 1983. Aggrieved by the conviction and sentence, the petitioner filed appeal in CA. No. 158 of 1984 and Crl. M.P. No. 1829 of 1984 to suspend the sentence and to release him on bail. This Court granted him absolute bail without attaching any conditions, on his executing a bond for Rs. 20,000 with two sureties each for like sum to the satisfaction of the J.S.C.M. Kulithalai.3. Learned Counsel for the petitioner now represents that notwithstanding the fact that no condition was imposed by this Court as regards the appearance of the petitioner before any forum, the Judicial Magistrate...
The Assistant Collector, Tiruvallur Vs. C. Ramamoorthy (Died) and Othe ...
Court: Chennai
Decided on: Jul-05-1989
Reported in: AIR1990Mad185
ORDERRatnam, J. 1. This appeal under S. 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act) at the instance of the Assistant Collector, Tiruvallur, has been preferred against the order of the Sub-Court, Tiruvallur, in L.A.O.P. No. 25 of 1981, on a reference made to it under S. 18 of the Act.2. An extent of 1.65 acres in survey No. 2/2 and another extent of 1.27 acres in survey No. 3/1 with a well in Periakuppam, village, tiruvallur taluk, Chengalpattu District, classified in the revenue records as 'wet' were acquired under the provisions of the Act for the construction of a Bus Depot for Pallavan Transport Corporation. The notification under S. 4(1) of the Act was published on 27-7-1977. Before the Land Acquisition Officer, the claimant prayed that compensation in respect of the acquired lands should be awarded at the rate of Rs. 1,000/- per cent, in addition to the compensation for the well situate in one of the acquired properties. The Land Acquisition Officer,...
V. Muthusamy Alias Thingarajan Vs. S. Soundararajan Chettiar
Court: Chennai
Decided on: Jul-04-1989
Reported in: (1989)2MLJ267
ORDERK.M. Natarajan, J.1. This revision is directed against the order passed by the District Munsif of Madurai Taluk, on a memo filed by the Advocate-Commissioner. 2. The facts which are necessary for the disposal of this revision can be briefly stated as follows:The revision petitioner filed the suit O.S. No. 927 of 1988 a against the respondent for the relief of permanent injunction restraining the respondent and his men from digging pits adjoning the revision-petitioner's wall by accepting or breaking the revision-petitioner's eastern wall and causing damage to the revision petitioner's building. He also filed a petition for the appointment of a commissioner in I.A. No. 362 of 1988 to make a local inspections of the suit property and note down the physical features on the revision-petitioner's eastern side of the Eastern wall and also the respondent's property on the eastern side of the suit property. Accordingly an advocate-Commissioner was appointed and he after making a local ins...
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