Chennai Court August 1989 Judgments
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Asst. G.M., Central Bank of India Vs. Presiding Officer, Industrial Tr ...
Court: Chennai
Decided on: Aug-09-1989
Reported in: (1991)ILLJ285Mad
ORDERSrinivasan J.1. The question which arises for consideration in this petition was whether the 2nd respondent who was working as Cashier-cum-Godown-Keeper in Addison Buildings Branch of Central Bank of India, Madras, was transferred to Madurai Division for administrative reasons or on exigencies of the management or on his request. The question is obviously one of fact depending on the facts and circumstances of the case. But, it has been projected by learned counsel for the writ petitioner as one of law, which will have to depend upon the terms of the settlement between the Central Bank of India, Personnel Department and the Recognised Majority Union of the All India Central Bank Employees' Federation on 15th June 1974. 2. The said settlement is marked as Ex. M. 10; in these proceedings, Paragraph 4 of the settlement deals with the question of transfer of an employee. According to the said paragraph, the transfer cannot be claimed by an employee as a matter of right, but, the Manag...
Mohammed Yaseen Vs. the Joint Secretary, Ministry of Finance New Delhi ...
Court: Chennai
Decided on: Aug-08-1989
Reported in: 1990CriLJ2623
Sivasubramaniam, J.1. This writ petitioner has been filed for the issue of a writ of habeas corpus to quash the order of detention passed by the first respondent in F. No. 673/67/89-Cus. VIII dated 23-2-1989 and produce the body of the detenu Mohammed Yassen now detained in the Central Prison, Madras before this Court and set him at liberty. 2. The first respondent, in exercise of the powers conferred by Section 3(1) of the conservation of Foreign Exchange and prevention of Smuggling Activities Act. 1974, as amended, passed the impugned order of detention with a view to preventing the detenu from engaging in keeping smuggled goods and dealing in smuggled goods otherwise than by engaging in transporting or concealing smuggled goods. 3. The short facts, which are necessary to be notice for the purpose of this writ petition, are as follows :- Acting on information, the officers of the Directorate of Revenue Intelligence, Madras searched the premises of the petitioner situated at No. 53, F...
C.B. Chandrasekhar
Court: Chennai
Decided on: Aug-08-1989
Reported in: I(1990)DMC410
Abdul Hadi, J.1. This Original Petition is for appointing the petitioner as guardian of his minor daughter in order to enable him to file, on her behalf, petition for Letters of Administration with the Will dated 22-7-1981, annexed which was executed by the said minor's grandfather. It is said that under the said Will, the said minor is the legatee, entitled to half share in the immovable properties set out in the schedule to the petition. The petitioner being the father of the said minor, is the natural guardian under Hindu Law. So, I put a question to the learned counsel for the petitioner, asking him whether the petitioner could not, as the natural guardian, file an Original Petition straightway, praying for the above referred to Letters of Administration, without this additional Original Petition for appointing him as a guardian of the said minor. I also pointed out to him that under the Guardian and Wards Act, a person who was natural and lawful guardian, was automatically entitle...
In Re: C.B. Chandrasekhar
Court: Chennai
Decided on: Aug-08-1989
Reported in: I(1991)DMC126
Abdul Hadi, J.1. This Original Petition is for appointing the petitioner as guardian of his minor daughter in order to enable him to file, on her behalf, petition for Letters of Administration with the Will dated 22-7-1981, annexed, which was executed by the said minor's grandfather. It is said that under the said Will, the said minor is the legatee, entitled to half share in the immovable properties set out in the schedule to the petition.2. The petitioner being the father of the said minor, is the natural guardian under Hindu Law. So, I put a question to the learned counsel for the petitioner, asking him whether the petitioner could not, as the natural guardian, file an Original Petition straightway, praying for the above referred to Letters of Administration, without this additional Original Petition for appointing him as a guardian of the said minor. I also pointed out to him that under the Guardian and Wards Act, a person who was natural and lawful guardian, was automatically enti...
Jai Ranga Mills, Represented by Its Partner, K.P. Jayaram Raja Vs. Gov ...
Court: Chennai
Decided on: Aug-07-1989
Reported in: (1989)2MLJ427
ORDERNainar Sundaram, J.1. In this writ petition, the challenge is of the order of the first respondent in G.O.Ms. No. 1407, Labour and Employment Department, dated 2.7.1981. By that order, the first respondent decided to refer for adjudication an industrial dispute with reference to non-employment of respondents 2 to 6 by the petitioner. Earlier on 26.5.1980, the first respondent declined to refer the industrial dispute for adjudication by G.O.Ms. No. 1261, Labour and Employment Department. The reconsideration of the question of referring the industrial dispute for adjudication arose on account of a petition therefor preferred, by the Secretary, Panjalai Thozhilalar Sangam (CITU), Rajapalayam, Ramanathapuram District to the first respondent. The specific case of the petitioner is that the first respondent did not by itself give notice to and hear the petitioner on the question of reconsideration. There is no counter affidavit filed on behalf of respondents 2 to 6. There is a counter a...
Agarwal Finance Co. Vs. Income-tax Officer.
Court: Chennai
Decided on: Aug-07-1989
Reported in: [1990]33ITD228(Mad)
ORDERPer Shri R. Rangayya, Accountant Member - This is an appeal filed by the assessee against the order passed by the Commissioner of Income-tax under section 263 of the Income-tax Act, 1961 for the asst. year 1984-85. The ITO by an assessment order passed on 18-8-1984 computed the assessees total income at Rs. 11,980. The Commissioner on a perusal of the records found that the balance-sheet filed by the assessee showed borrowings from 24 parties aggregating to Rs. 10,90,687. The ITO had accepted the credits as genuine on the basis of the confirmatory letters filed but the assessee. However, a survey conducted subsequently showed that many of the creditors are not available at the address given and the summons served to them had returned unserved by the postal authorities. In the circumstances, the Commissioner was of the opinion that the credits shown by the assessee in the names of the various parties are not genuine. He therefore, issued a notice to the assessee to show cause why t...
The State of Tamil Nadu Reprensented by Its Joint Secretary, Departmen ...
Court: Chennai
Decided on: Aug-03-1989
Reported in: (1989)2MLJ126
S. Mohan, O.C.J. 1. This case illustrates how the Government could also some times try to get over its legal obligations and go to the extent of even denying such obligations and thereby would like to outwit parties.2. This State of Tamil Nadu represented by its Joint Secretary, Department of Industries, Fort St. George, Madras, the first appellant herein, executed a deed of guarantee on 21.6.1968. It covered a loan of Rs. 15 lakhs with interest at 11 percent per annum granted to Sri Sarada Mills Ltd., Podanur (hereinafter referred to as 'the Mills'). The respondent, namely the Bank of Madurai, had the loan secured by way of an equitable mortgage from the said Mills.3. Initially the Mills was taken over under the Sick Textiles Undertakings (Taking Over of Management) Act,1972(Act 72 of 1972). Later on, in accordance with the provisions of Sick Textiles Undertakings (Notification) Act 1974 Central Act 57 of 1974), the Mills came to vest in the Central Government. Thereafter, it was tran...
P.K. Chinnasamy Vs. Superintending Engineers, Execution Circle, Madura ...
Court: Chennai
Decided on: Aug-02-1989
Reported in: AIR1990Mad347
ORDERNainar Sundaram, J. 1. The four Civil Miscellaneous Appeals and the two Revisions require a common disposal, because they arise out of a common judgment of the Court below, though in four different proceedings. There were arbitration proceedings between the Tamil adu Water Supply and Drainage Board, hereinafter referred to as the Board, and P. K. Chinnaswamy, hereinafter referred to as the contractor, with reference to the works executed by the latter. The arbitrator rendered two awards, because the controversy stemmed out of two contracts. The arbitrator passed awards on 12-6-1980. The contractor filed O.P. No. 131 of 1980 before the Court below to pass a decree in terms of the award in respect of one contract. The Board filed O.P. No. 173 of 1980 to set aside that award. The contractor filed O.P. No. 132 of 1980 to pass a decree in terms of the award in respect of the other contract. The Board filed O.P. No. 172 of 1980 to set aside the award in respect of that contract. The Cou...
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