Chennai Court January 1991 Judgments
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Elisa and Others Vs. A. Doss
Court: Chennai
Decided on: Jan-07-1991
Reported in: AIR1992Mad159
ORDER1. Respondent herein filed O.S. No. 970 of 1989 against one Vincent for recovery of certain amount due on a promissory note. The suit was filed in April 1989. Summons was served on the defendant on22-5-1989. The defendant did not enter appearance in the suit. He died on 16-8-1989. The suit was decreed ex parte on 1-9-1989. The respondent herein filed a petition on 20-9-1989 for execution of the decree. In the execution petition, the petitioners herein were shown as respondents as the legal representatives of the deceased defendant. As soon as the notice in the execution petition was served on the petitioners, they filed an application under S. 47 of the Civil Procedure Code in E.A. No. 1732 of 1989 for dismissing the execution petition on the ground that the decree dated 1-9-1989 was null and void, and it was passed against a dead person. The executing Court has dismissed the application taking the view that the provisions of Order 22 Rule 4, CPC could be applied to the case. Aggr...
State Bank of Bikaner and Jaipur Vs. State Bank of Bikaner and Jaipur ...
Court: Chennai
Decided on: Jan-07-1991
Reported in: (1993)ILLJ57Mad
Mishra, J. 1. The employer, the State Bank of Bikaner and Jaipur, represented by the Managing Director, has preferred this appeal against the judgment in a writ petition under Art. 226 of the Constitution of India in which a mandamus has been issued commanding the appellant and other respondents in the writ petition to forbear from agreeing and/or approving and/or ratifying the refund of the sum of Rs. 50,46,116.27/- from the 'State Bank of Bikaner and Jaipur Employees' Provident Fund Account' to the second respondent in the writ petition, i.e., the appellant. 2. Facts shortly stated are :- The first petitioner in the writ petition/first respondent in this appeal, is an association of the employees of the second respondent/appellant and the second petitioner is the President. The second respondent/appellant is a body corporate constituted under Section 3 and 4 of the State Bank of India (Subsidiary Banks) Act 38 of 1959, for short the 'Act'. The second respondent/appellant employed abo...
Lakshmi Ammal and anr. Vs. the Assistant Commissioner, Land Reforms
Court: Chennai
Decided on: Jan-07-1991
Reported in: (1991)1MLJ436
ORDERSrinivasan, J.1. These two revision petitions arise out of proceedings initiated under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. Unfortunately the litigation has been pending for an inordinately long time, thus putting the owners of the lands to considerable hardship and serious prejudice.2. C.R.P. No. 3368 of 1988 pertains to the lands owned by one Arunachala Reddiar, who is no more. His wife Lakshmi Ammal is the petitioner, having entered his shoes. C.R.P. No. 3369 of 1988 relates to the lands owned by Lakshmi Ammal herself. She is the petitioner therein in her own right.3. On 13.11.1968 a notification was issued under Section 18(1) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. Herein after referred to as 'the Act', declaring a surplus of 117.81 ordinary acres in the holdings of both the husband and wife. On 2.6.1969, the Government took possession of the said extent of lands. On 12.9.1973 a revised notification was issued red...
N.K. Palasingri Vs. Palaniammal and Others
Court: Chennai
Decided on: Jan-04-1991
Reported in: 1992ACJ137; AIR1991Mad314
1. This appeal against the award of the Motor Accidents Claims Tribunal (District Court), Salem, in M. A.C.O.P. No. 408 of 1983, has been preferred by the owner of the motor vehicle bearing registration No. TNS 6297, which was involved in an accident on 28-9-1982 resulting in the death of one Thangavelu Achari. The legal heirs of deceased Thangavelu Achari, who are respondents 1 to 3 herein, in M.A.C.O.P. No. 408 1983, stated that the accident in which Thangavelu Achari lost his life took place only on account of the rash and negligence driving of the vehicle by its driver, the fifth respondent herein, and that they should be awarded compensation in a sum of Rs.50,000/-. The appellant herein resisted the claim so made on the ground that the accident took place while the driver of the vehicle attempted to avoid a boy who suddenly crossed the road and in that process, the vehicle capsised and that the deceased jumped out of the vehicle and that resulted in the accident. The fourth respon...
Thavasiyappan Vs. Periasamy Nadar and Others
Court: Chennai
Decided on: Jan-04-1991
Reported in: 1992CriLJ283
1. The complaint preferred by Thavasiappan, the appellant herein in C.C. No. 144 of 1982 on the file of the Sub-Divisional Judicial Magistrate, Gobichettipalayam, has been rejected on the ground that the Civil Court has not initiated any proceedings against the respondents/accused for violation of an injunction order granted against the respondents prior to 16-1-1982 in I.A. No. 60 of 1982 in O.S. No. 42 of 1982 on the file of the District Munsif, Gobichettipalayam. Hence this Appeal. 2. The Appellant filed O.S. No. 42 of 1982 on the file of the District Munsif, Gobichettipalayam for injunction against the respondents, and obtained interim injunction in I.A. No. 60 of 1982 prior to 16-1-1982. The respondents in violation of the injunction order, unlawfully entered into the toilet belonging to the appellants, on 16-1-1982, which necessitated the appellant to file a complaint against the respondents under Ss. 447, 427 and 506, Part II of the Indian Penal Code. The learned Sub-Divisional ...
Sri Rajarathinam Transports Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Chennai
Decided on: Jan-04-1991
Reported in: [1993]199ITR203(Mad)
Ratnam, J.1. In this tax case reference under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), at the instance of the assessee, the following question of law have been referred to this court for its opinion : '1. Whether, on the fact and in the circumstances of the case, the Appellate Tribunal was right in holding that the assessee is not entitled to set-off the depreciation claimed to the extent of Rs. 13,016, Rs. 18,012, Rs. 2,304 and Rs. 19,487 in the assessment years 1960-61, 1961-62, 1962-63 and 1964-65, respectively inasmuch as the amount was not determined for the respective assessment years 2. Whether, on the facts and in the circumstances of this case, the Appellate Tribunal was right in holding that since the assessment for the earlier years had become final, the assessee would not be entitled to re-agitate the same in the subsequent year, namely the assessment year in question 3. Whether on the facts and in the circumstances of this case, ...
K.C.P. Ltd. Vs. Inspector of Police, Tiruvottiyur and Others
Court: Chennai
Decided on: Jan-04-1991
Reported in: (1993)ILLJ365Mad; (1991)IIMLJ329
1. The prayer in the writ petition is as follows : '... To issue a writ of mandamus or any other appropriate writ or order or direction directing respondents 1 and 2 to provide adequate police protection to the petitioner. (a) to remove the articles set out in the Schedules A and B mentioned in the writ petition from its engineering unit at Tiruvottiyur, Madras 600019; and (b) to provide adequate security to the other employees and customers of the petitioner for their ingress and egress to the engineering unit at Tiruvottiyur; and (c) to give protection to the vehicles entering and coming out of the engineering unit of the petitioner at Tiruvottiyur ...' 2. The petitioner-company has got four units; viz. : (1) a sugar factory at Vijayawada, which crushes about 6,000 tonnes of cane per day to manufacture sugar; (2) a cement factory at Macherla, Andhra Pradesh; (3) an engineering unit called the Central Workshop situated at Tiruvottiyur; and (4) a sugar manufacturing unit at Laksh...
M.K. Palanisal Vs. Palaniammal and ors.
Court: Chennai
Decided on: Jan-04-1991
Reported in: II(1991)ACC611
Ratnam, J.1. This appeal against the award of the Motor Accidents Claims Tribunal (District Court), Salem, in M.A.C.O.P. No. 408 of 1983, has been preferred by the owner of the motor vehicle bearing registration No. TMS 6257, which was involved in an accident on 28.9.1982 resulting in the death of one Thangavelu Achari. The legal heirs of deceased Thangavelu Achari, who was respondents 1 to 3 herein, in M.A.C.O.P. No. 408 of 1983, stated that the accident in which Thangavelu Achari lost his life took place only on account of rash and negligent driving of the vehicle by its driver, the fifth respondent herein, and that they should be awarded compensation in a sum of Rs. 50,000. The appellant herein resisted the claim so made on the ground that the accident took place while the driver of the vehicle admitted to avoid a boy who suddenly crossed the road and in that process, the vehicle capsized and that the deceased jumped out of the vehicle and that resulted in the accident. The fourth r...
Vidya Charan Shukla Vs. Tamil Nadu Olympic Association and Another
Court: Chennai
Decided on: Jan-03-1991
Reported in: AIR1991Mad323; 1991CriLJ2722
ORDERMishra, J. 1. The respondent in Contempt Application No. 157 of 1990 has preferred this appeal against an order passed in Sub Application No. 230 of 1990 in which learned trial Judge has directed that the first defendant in C.S. No. 481 of 1990 continues to be the President of the Indian Olympic Association and the resolutions, if any, purported to have been passed appointing the appellant as President of the Indian Olympic Association would be of no legal consequence and would have no legal effect and the office premises of the Indian Olympic Association be restored by him to the first defendant in the suit.2. The Tamil Nadu Olympic Association represented by its General Secretary, the second plaintiff, who has also been the Joint Secretary of the Indian Olympic Association, has filed the suit impleading the first defendant described as the President of the Indian Olympic Association and the second defendant described as the Secretary General of the Indian Olympic Association and...
Commissioner of Income-tax Vs. A.M. Saffifulah and Co.
Court: Chennai
Decided on: Jan-03-1991
Reported in: [1993]199ITR223(Mad)
Ratnam, J. 1. In these tax case references arising out of assessment and penalty proceedings relating to the same assessee at the instance of the Revenue under section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the following questions of law have been referred to this court for its opinion : 2. Tax Case No. 71 of 1979 : '1. Whether, on the facts and in the circumstances of the case the Appellate Tribunal was right in deleting the addition of Rs. 2,32,750 made by the Income-tax Officer for the assessment year 1966-67 2. Whether the Appellate Tribunal's finding that the credits in the names of the Bombay parties are only liabilities to be accounted for by the assessee in based on valid and relevant materials and is a reasonable view to take the facts of the case ?' 3. Tax Case No. 72 of 1979 : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in canceling the penalty of Rs. 35,000 levied under section 271(1)(c) ...
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