Chennai Court February 1990 Judgments
Eifco Oil Engine Industries, Coimbatore Vs. Labour Court, Coimbatore a ...
Court: Chennai
Decided on: Feb-21-1990
Reported in: (1992)IILLJ293Mad
Anand, C.J.1. Against the award of the Labour Court in Industrial Dispute No. 156 of 1980 the appellant herein filed Writ Petition No. 3686 of 1982. Ale writ petition was dismissed with costs by the learned Single Judge of this Court on July 10, 1984. Hence this appeal. 2. Before the Labour Court it was contended on behalf of the appellant herein that the appellant factory had in point of fact been closed. That plea did not find favour with the Labour Court and it was held that there was no closure at all factually, and that the appellant-industry was carring on the undertaking under another name as Indo Feb Industries. Ale Labour Court, in its award extracted some of the features which went to establish, in its opinion, that the appellant-industry had not closed and was, in fact, being carried on under another name. Some of these features which were noticed by the Labour Court were the Indo Feb Industries was using the same machinery and manufacturing the same oil engines under the sa...
Tag this Judgment!Mohanlal Futnani Alias Mohanlal D. Futanani and anr. Vs. Vishanji D. F ...
Court: Chennai
Decided on: Feb-21-1990
Reported in: (1990)2MLJ294
ORDERAbdul Hadi, J.1. This suit prays for grant of Probate of the last will and Codicil of late D.B. Futnani dated 28.6.1982 and 29.3.1983 respectively executed by him at Madras. The first plaintiff is his younger son. Second Plaintiff is the first plaintiffs son. The defendant is his elder son. The first issue in the unit is:Has this Honourable Court the jurisdiction to grant probate?and the said issue has been taken up as a preliminary issue as per my order dt.20-6-1989. Evidence was let in, by both the parties on the said issue and a finding is given hereby, on the said issue.2. As per Section 270 of, the Indian Succession Act, Probate of the Will of a deceased person may be granted by a District Judge, if it appears by a petition verified as provided, of the person applying for the same that the testator at the time of his decease had 'a fixed place of abode, or any property movable or immovable within the jurisdiction of the Judge.' The term 'District Judge' is defined under Secti...
Tag this Judgment!G. Kasthuri Ammal and Others Vs. the State of Tamil Nadu and Another
Court: Chennai
Decided on: Feb-20-1990
Reported in: AIR1991Mad1
ORDERNainar Sundaram, J.1. The petitioners in W.P. No. 3495 of 1982 are the appellants in this Writ Appeal. The respondents in the writ petition are the respondent herein. We propose to refer to the parties as per their nomenclature in the writ petition. The petitioners challenged the land acquisition proceedings in respect of their lands. In the land acquisition proceedings, urgency powers were invoked and the enquiry under S. 5-A of the Land Acquisition Act, I of 1984, hereinafter referred to as the Act, was dispensed with. Before the learned single Judge, who heard the writ petition two contentions were urged and they are as follows :1) There is no warrant at all for invoking the urgency powers dispensing with the enquiry under S. 5-A of the Act; and 2) There is an alternative site for serving the purpose of the acquisition, namely, providing a pathway for the harijan of the locale. The learned single Judge did not find a warrant to countenance these two contentions and he dismisse...
Tag this Judgment!S.R. Lakshmanan Vs. Commissioner of Income-tax
Court: Chennai
Decided on: Feb-20-1990
Reported in: [1990]186ITR453(Mad)
Ratnam, J.1. In these tax case references under section 256(2) of the Income-tax Act, 1961, (hereinafter referred to as 'the Act'), at the instance of the assessee, the following question has been referred to this court for its opinion : 'Whether there is any material for the tribunal to hold that the assessee had paid a sum of Rs. 40,000 out of Rs. 2,30,000 as commission for repatriation ?' 2. The assessee is a partner in several firms carrying on hotel business in different places. He was carrying on business at Ceylon and was being assessed as a non-resident. He wound up his business at Ceylon, returned to India on October 10, 1971, and thereafter settled down at Tiruchirapalli. By his letter dated December 9, 1971, he informed the Income-tax Officer that he had brought from Ceylon Rs. 2,30,000 being the sale proceeds of the business carried on by him there and that he had invested the same in the manner indicated therein. In the course of assessment proceedings for the assessment y...
Tag this Judgment!A. Ratnam Vs. Union of India
Court: Chennai
Decided on: Feb-20-1990
Reported in: 1996(83)ELT40(Mad)
ORDER1. By consent of parties, the writ petition itself is taken up for final disposal.2. One person by name Noni Eraehchsson imported a car AUDI-80, Model 1988 (Non-A. C.) bearing registration number GKS-70 through Bombay Part. This was allowed to be cleared on payment of a duty of Rs. 3,45,000/- on 7-12-1988. According to the petitioner, the horse power of the vehicle is only 1595.3. Later on this car was sold to Leather and Leather Finishes Private Limited, Bangalore, from whom M/s. Aviation Travels Private Limited purchased the vehicle. The petitioner purchased on 19-12-1989 this vehicle from M/s. Aviation Travels Private Limited. The car is now garaged with M/s. V. S. T. Service Station Private Limited for some repairs.4. On 16-01-1990, the Directorate of Revenue Intelligence, Madras, issued a notice to the petitioner stating that the horse power of the vehicle has been mis-declared as 1590-1595, but the actual c. c. of the car is 1781-1800 attracting higher levy of customs duty. ...
Tag this Judgment!G. Kasthuri Ammal and ors. Vs. the State of Tamil Nadu and anr.
Court: Chennai
Decided on: Feb-20-1990
Reported in: (1990)2MLJ138
Nainar Sundaram, J.1. The petitioners in W.P. No.3495 of 1982 are the appellants in this writ Appeal. The respondents in the Writ petition are the respondent herein. We propose to refer to the parties as per their nomenclature in the writ petition, The petitioners challenged the land acquisition proceedings in respect of their lands. In the land acquisition proceedings, urgency powers were invoked and the enquiry under Section 5-A of the Land Acquisition Act I of 1984, herein after referred to as the Act, was dispensed with. Before the learned Single Judge, who heard the writ petition two contentions were urged and they are as follows:1. There is no warrant at all for invoking the urgency powers dispensing with the enquiry under Section 5-A of the Act; and2. There is an alternative site for serving the purpose of the acquisition, namely, providing a pathway for the harijan of the locale.The learned single Judge did not find a warrant to countenance these two contentions and he dismisse...
Tag this Judgment!Commissioner of Gift-tax Vs. P. Thirunavukarasu
Court: Chennai
Decided on: Feb-19-1990
Reported in: [1990]186ITR142(Mad)
Ratnam, J.1. In this tax case reference under section 26(3) of the Gift-tax Act, 1958, the Revenue seeks a direction to the Tribunal to refer the following question of law : '1. Whether, on the facts and in the circumstances of the case the Appellate Tribunal was right in law and had valid material in cancelling the assessment on the ground that it lacked any foundation 2. Whether the Appellate Tribunal's view that the moment a partner retires from a firm, he ceased to have any right and hence there is no question of any giving up of such a right or treating the relinquishment as a gift is reasonable, Supported by valid material and sustainable in law ?' 2. The assessee who was a partner in a firm retired from the firm and, in his place, other persons were taken in as partners. In the course of the proceedings for the assessment year 1977-78, the Gift-tax Officer took the view that there was a relinquishment of the right to share the future profit and that would be subjected to gift-t...
Tag this Judgment!Vedantham Vs. Nirmala
Court: Chennai
Decided on: Feb-19-1990
Reported in: II(1991)DMC236
Bakthavatsalam, J.1. The petition is filed under Article 227 of the Constitution against an order of the Family Court granting interim maintenance to the petitioner's wife and son under Section 24 of the Hindu Marriage Act pending proceedings for restitution of conjugal rights filed under Section 9 of the Hindu Marriage Act.2. The respondent has preferred an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and the petitioner has filed a counter statement. Pending disposal of the main case, a petition was filed by the respondent herein under Section 24 of the Hindu Marriage Act. The lower Court has awarded Rs. 750 for interim maintenance for the wife and Rs. 350 to the son from 24 1-1989, till the disposal of the main petition. The petitioner seeks to attack that order by way of this revision petition.3. Mr. P.S. Venkatasubramaniam, learned counsel for the petitioner questions the very jurisdiction of the Family Court to grant interim maintenance ...
Tag this Judgment!Sekar Coffee Manufacturing Company Vs. Coffee Board and Another
Court: Chennai
Decided on: Feb-16-1990
Reported in: [1990]77STC318(Mad)
K.S. Bakthavatsalam, J. 1. The prayer in the Writ Petition No. 3675 is as follows : '...... to issue a writ of mandamus or appropriate writ or direction or order in the nature of writ and directing the respondents to refund the amounts already collected by the respondents by way of contingency deposit from the petitioner and pass such other order ...' 2. The petitioner, a coffee manufacturing company, is doing business for more than 30 years. The petitioner-company takes part in the coffee pool auction whenever and wherever such auction is held by the Coffee Board, and the petitioner-company used to bid at the auction on the marginal release price fixed by the Coffee Board and the petitioner, being a successful bidder takes delivery of the coffee seeds from the godown in the State of Tamil Nadu after depositing the necessary bid amount and other dues. It is alleged in the affidavit that so far as the function of the Coffee Board is concerned, its rights and duties are governed by the p...
Tag this Judgment!Karapettai Nadar Girls Higher Secondary School, Represented by Its Sec ...
Court: Chennai
Decided on: Feb-16-1990
Reported in: (1990)2MLJ380
1. When this vacating stay petition C.M.P. No. 2085 of 1990 came up for consideration, learned Counsel for the parties submitted that the main Writ Appeal itself could be taken up for disposal, with the consent of the parties, we have taken up the Writ Appeal for disposal.2. The Writ Appeal is directed against the order of the learned Single Judge in Writ Petition No. l5235 of 1989 dated 5-12-1989. The learned Single Judge, after making reference to the grievance projected in the Writ Petition observed as follows:Again the Inspectress of Girls Schools sent a communication on 30-6-1989 to the 5th Respondents School reiterating the direction that the headmaster in accordance with the rules, should be appointed immediately and the vacancy should be filed up. According to the petitioner, till now the direction has not been carried out.I heard the Government Pleader and I am of the view that the following direction will meet the ends of justice. Respondents 1 to 4 are hereby directed to tak...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- Next ›
- Last »