Chennai Court August 1990 Judgments
Murugan Vs. the State
Court: Chennai
Decided on: Aug-10-1990
Reported in: 1991CriLJ1680
1. The accused, who has been convicted by the Sessions Judge, Dharmapuri at Krishnagiri in S.C. No. 129/83 for an offence under section 302, IPC and sentenced to undergo imprisonment for life and convicted for an offence under section 316, IPC and sentenced to undergo imprisonment for a period of two years and the sentences were ordered to run concurrently, has filed this present appeal challenging his conviction and sentence. 2. The gravamen of the charge against the appellant was that on 9-9-1983. at about 11 p.m. he caused the death of his wife Shantha, as well as the five months old baby in her womb, by hitting Shantha with a Kalikol on her head and also strangulating her neck by means of a rope. 3. The evidence let in by the prosecution is briefly as follows; P.W. l, the father of the deceased Shantha, belongs to the village Kottavur 10 miles away from Kollapalli the village of the appellant. About 4 years prior to the occurrence, the deceased was given in marriage to the appellan...
Tag this Judgment!K. Ramasamy Vs. Government of Tamil Nadu and anr.
Court: Chennai
Decided on: Aug-10-1990
Reported in: 1991(32)ECC12
ORDERS.T. Ramalingam, J.1. The detenu K. Ramaswami has filed this petition tinder Article 226of the Constitution of Indian to set aside the order of detention dated 31.8.1989 in G.O Ms. No. SR. 1/11/46-5/89, and set him at liberty.2. The detenu is a native of Alathur village. He became a citizen of Singapore long ago. His wife and sons are living in Alathur. The detenu arrived at Madras Air Port by Air India flight oh 20th July, 1989. After immigration clearance, he was directed for customs clearance. He declared to the Superintendent of Customs in charge that he had no contraband except used clothes and one National Washing Machine. On suspicion, his baggages were searched. On close examination of the washing machine, the Customs Officials detected a packet which was kept concealed. On opening the packet, the officials recovered 10 gold bars each weighing 10 tolas. All the ten gold bars bore the foreign mark. After following the procedure, he was arrested on 20th July, 1989. He prefer...
Tag this Judgment!E.V. Palanivelu and ors. Vs. Sri Krishna Talkies, Mint Junction and or ...
Court: Chennai
Decided on: Aug-10-1990
Reported in: (1991)214MLJ1
Kanakaraja, J.1. The appeal is preferred against the judgment and decree m Application No. 4595 of 1986 dated 18.8.1988 made in C.S. No. 471 of 1966 by the plaintiffs in the suit. The suit C.S. No. 471 of 1966 was instituted by the appellants as the owners/lessors of the vacant land measuring about 13 1/2 grounds against the lessee of the land for recovery of possession of the property together with superstructures, furniture fittings, equipments etc., comprised in a cinema theatre known as 'Krishna Talkies'. By the lease deed dated 12.12.1946, the said lands were leased out to the respondents for a monthly rent of Rs. 575, later increased to Rs. 600 per month. The lease was for a period of 39 years. The lease deed provided that at the end of the lease, the lessee will have the option to purchase the land at the then market value. By a notice dated 1.12.1985, the appellants/ plaintiffs had terminated the tenancy in favour of the respondents/defendants ending with 28.2.1986. The defenda...
Tag this Judgment!K.R. Jadayappa Mudaliar Trading as Sarasu Match Works and anr. Vs. K.B ...
Court: Chennai
Decided on: Aug-09-1990
Reported in: (1990)2MLJ423
ORDERLakshmanan, J.1. The matter arises under the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act'). The Petitioner filed this petition under Sections 32(e), 46, 107 of the Act praying that the entry in the register in respect of registered Trade Mark No. 170403 in Class-34 in part-A in the name of the respondent K.B. Venkatachalam trading as Golden Match Works, Gudiyatham, dated 13-8-1955 may be removed from the Register.2. The facts as stated in the petition in brief are as follows: The first petitioner K.RJadayappa Mudaliar is trading in Match Works under the name and style of M/s. Sarasu Match Works at Gudiyatham, North Arcot District The second petitioner is the son of the first petitioner, who is also trading in the same trade under the name and style of M/s. Vanaja Match Works, at Thottidurai Mottur Village, Murasappalli (Post), Gudiyatham. The petitioners are represented by their counsel Mr. C. Daniel. The matter was argued at length by the learned Se...
Tag this Judgment!State of Tamil Nadu Vs. Aparajitha Rubbers (P) Ltd.
Court: Chennai
Decided on: Aug-08-1990
Reported in: [1991]82STC74(Mad)
Abdul Hadi, J. 1. These tax revision cases are against the common order of the Sales Tax Appellate Tribunal Main Bench, Madras-104, dated December 9, 1986, in the Tribunal Appeal Nos. 463, 461 and 462 of 1985, respectively, relating to the same assessment year 1982-83. The first of the three relates to sales tax under the Tamil Nadu General Sales Tax Act, 1959, and the other two relate to consequent surcharge and additional sales tax therein under the Tamil Nadu Sales Tax (Surcharge) Act, 1971 and Tamil Nadu Additional Sales Tax Act, 1970, respectively. 2. The question involved in all these cases relates to the disputed turnover of Rs. 6,52,851 representing receipts towards rubber lining contract, which was brought to tax by the assessing officer as representing sales made by the respondent-assessee in all the three cases. The assessing officer rejected the claim of the assessee that it was only a works contract and resulted in so sales exigible to tax under the abovesaid enactments [p...
Tag this Judgment!K. Pushpam and ors. Vs. Anna Transport Corporation by Its Managing Dir ...
Court: Chennai
Decided on: Aug-08-1990
Reported in: II(1991)ACC656; 1992ACJ58
Abdul Hadi, J.1. The petitioners before the Tribunal below, who are the widow, two minor children and parents of the deceased Kandasamy, who died in the motor accident that took place on 2.8.1981, are the appellants in this appeal under Section 110-D of the Motor Vehicles Act, 1939. They were awarded a sum of Rs. 50,350/- as compensation for the loss of the deceased in the said accident. Not satisfied with the said award (as against their original claim of compensation to the extent of Rs. 3,00,500), they have filed this appeal claiming a further award of compensation to the extent of Rs. 1.50.150/-.2. In the said accident, the bus bearing registration No. TN 6146 of the respondent Corporation dashed against the taxi car in which the deceased was travelling and as a result of the said accident, he died.3. The only question to be decided in this appeal is, whether the compensation amount awarded by the Tribunal below is correct, or whether any enhancement as claimed by the appellants is...
Tag this Judgment!Sree Sakthi Saw Mill Vs. Assistant Collector of C. Ex.
Court: Chennai
Decided on: Aug-07-1990
Reported in: 1991(52)ELT356(Mad)
ORDER : This Writ Petition coming on for hearing on this day upon perusing the petition and the affidavit filed in support thereof, the order of the High Court, dated 6-9-1985 and made herein, and the records relating to the prayer the aforesaid and upon hearing the arguments of Mr. V. Radhakrishnan, Advocate for the Petitioner, and of Mr. K. Jayachandran, Additional Central Government Standing Counsel, on behalf of the Respondents the Court made the following order :- The petitioner is a saw mill and it is was issued with a show cause notice by the Superintendent of the Central excise, asking it to file a declaration under Notification 2/81 dated 17-1-1981 as amended and read with Notification 85/85-C.E. dated 17-6-1985 for duty exemption and also for exemption from licensing control. The petitioner has also submitted its representation stating that it is to liable to pay excise duty and also claiming exemption from licensing control. Apprehending that an order prejudicial to it may b...
Tag this Judgment!Transformers and Electricals Kerala Ltd. and anr. Vs. Union of India ( ...
Court: Chennai
Decided on: Aug-06-1990
Reported in: II(1992)ACC478; 1992ACJ376
P.S. Mishra, J.1. Plaintiffs-appellants who sued the defendant-respondent Southern Railway for the recovery of a sum of Rs. 65.540/- inclusive of interest on the sum of Rs. 55,544/- being the damages alleged to have been suffered by the first plaintiff on account of the goods having been destroyed in a fire accident in transit when the goods were carried by the defendant railway, have succeeded in showing that the railway had not proved that it had taken reasonable foresight and care, and that on account of the admission of DW 1 the total loss suffered by the first plaintiff was arrived at Rs. 50,000/-, finally lost the suit because it was found that the suit on their part in the court was instituted after the expiry of the period of limitation.2. The facts of the case are not in dispute. The first plaintiff consignee booked with the Southern Railway five numbers 132 K.V. transformers from Vyasa Nagar to Angamali under R.R. No. 919513 dated 3.3.1972. The Southern Railway informed the f...
Tag this Judgment!The Transformers and Electricals Kerala Ltd. and anr. Vs. the Union of ...
Court: Chennai
Decided on: Aug-06-1990
Reported in: (1991)299MLJ1
P.S. Mishra, J.1. Plaintiffs appellants who sued the defendant-respondent Southern Railway for the recovery of a sumofRs.65,540 inclusive of interest on the sum of Rs. 55,544 being the damages alleged to have been suffered by the first plaintiff on account of the goods having been destroyed in a fire accident in transit when the goods were carried by the defendant Railway, have succeeded in showing that the Railway had not proved that it had taken reasonable foresight and care, and that on account of the admission of D.W. 1 the total loss suffered by the first plaintiff was arrived at Rs. 50,000, finally lost the suit because it was found that the suit on their part in the court was instituted after the expiry of the period of limitation.2. The facts of the case are not in dispute. The first plaintiff consignee booked with the Southern Railway five numbers 132 K.V. transformers from Vyasa Nagar to Angamali under R.R. No. 919513 dated 3.3.1972. The Southern Railway informed the first pl...
Tag this Judgment!Viniba Products Vs. Assistant Collector of Central Excise
Court: Chennai
Decided on: Aug-01-1990
Reported in: 1991LC691(Madras); 1992(58)ELT489(Mad)
ORDER1. The petitioner is a proprietary concern engaged in the manufacture of talcum powders. The goods are excisable items under Tariff Item No. 14F of the First Schedule to the Central Excises and Salt Act, 1944, hereinafter referred to as 'the Act'. The petitioner filed price lists for the goods manufactured by them and claimed abatement of graded quantity trade discounts at the time of the assessment of the goods to excise levy on ad valorem basis. Though a show cause notice was issued on 13-12-1973, the first respondent ultimately dropped all further proceedings by his order dated 15-6-1974. Nearly after two years another show cause notice dated 16-8-1976 was issued to the petitioner, in and by which, the petitioner was directed to show cause to the Assistant Collector of Central Excise as to why certain discounts at the rate of 20% should not be disallowed. It was proposed to demand differential duty for the past sales since 1973. The petitioner gave his explanation. However, by ...
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