Chennai Court December 1991 Judgments
Controller of Estate Duty Vs. P.S. Narasimhan and Another
Court: Chennai
Decided on: Dec-31-1991
Reported in: [1993]200ITR422(Mad)
Ratnam, J.1. In these tax case references, at the instance of the Controller of Estate Duty, Madras, and the accountable person and another under section 64(1) of the Estate Duty Act, 1953 (hereinafter referred to as 'the Act'), the following questions of law have been referred to this court for its opinion : '1. Whether, on the facts and in the circumstances of the case, the value of the agricultural lands settled by the deceased in favour of his wife, including those lands which the lady settled in favour of her relatives, from out of the lands received by her, could be included in the principal value of the estate passing on the death of the deceased 2. Whether, on the facts and in the circumstances of the case, the value of the properties settled by him on his five settlees by documents dated December 28, 1956, was includible in the principal value of the estate on his death 3. Whether, on the facts and in the circumstances of the case, the value of the agricultural lands receive...
Tag this Judgment!Narammal (Died) and anr. Vs. Kanthamani and ors.
Court: Chennai
Decided on: Dec-31-1991
Reported in: (1992)2MLJ539
Venkataswami, J.1. The plaintiff in O.S. No. 50 of 1982, on the file of the court of Subordinate Judge, Coimbatore, has preferred this appeal.2. Pending disposal of the appeal, the appellant/plaintiff died and the second respondent (son of the deceased appellant) in the appeal has filed C.M.P. No. 10153 of 1991, claiming to be the sole legal representative of the deceased appellant, and praying for transposing him as the second appellant in the above appeal. After hearing learned Counsel on both sides, we have ordered that petition. However, for the sake of convenience, the appellant will be hereafter referred to as the plaintiff and the contesting first respondent as first defendant.3. Before going into the facts, it will be useful to narrate the relationship between the parties. One Ranganathan was the son of the plaintiff (husband of the first defendant). On the death of Ranganathan, the cause of action for the suit has arisen. The second defendant (now the second appellant in this ...
Tag this Judgment!T. Rajalakshmi Vs. the Coimbatore City Municipal Corporation Represent ...
Court: Chennai
Decided on: Dec-31-1991
Reported in: (1992)1MLJ568
ORDERBakthavatsalam, J.1. The prayer in the writ petition is for the issue of a writ of mandamus, directing the respondent to restore the petitioner, the possession of the V.O.C. park canteen, drive-in-restaurant, Coimbatore by renewing the lease in favour of the petitioner in respect of the said premises for the period from 1.4.1988.2. The petitioner took part in auction of a land and building comprises in V.O.C. compound, Coimbatore, from the respondent/Municipality when the leasehold interest was auctioned. He was granted lease for three years to run a restaurant in the premises. It seems the petitioner was paying Rs. 375 per month rent from 1981, which was enhanced to Rs. 1,163 from 1984, on the respondent becoming a City Municipal Corporation. In March 1987, the respondent asked the petitioner to vacate the premises within 24 hours on the ground that they proposed to suction the leasehold interest. The petitioner filed a suit in O.S.No.842 of 1987 on the file of the District Munsi...
Tag this Judgment!B. Satishsundar Vs. Inspector of Police, Manamelkudy and Another
Court: Chennai
Decided on: Dec-30-1991
Reported in: 1992CriLJ1685
K.M. Natarajan, J.1. This writ petition is filed for the issuance of a writ of Habeas Corpus directing the respondents to forthwith release the under-trial prisoners whose names are given in the annexure to this petition in Crime No. 29/91 on the file of the first respondent who are at present detained in the Central Prison, Trichy. 2. It is seen from the affidavit filed in support of the petition by the Advocate Mr. S. Satish Sundar that the detenus whose names are given in the annexure were originally arrested by the first respondent for the alleged offence under S. 12C of the Passport Act 1967, but they were remanded to custody on 4-2-1991. These ten persons whose names are given in the annexure are undergoing imprisonment as remand prisoners in the Central Prison, Trichy and the second respondent has been remanding them periodically and they were lastly produced before the Magistrate on 7-11-1991 and again they were produced on 21-11-1991. 3. It was represented by the learned couns...
Tag this Judgment!Hindustan Produce and Co. Vs. the Assistant Director, Enforcement Dire ...
Court: Chennai
Decided on: Dec-30-1991
Reported in: 1992(40)ECC201
ORDER1. In this petition preferred under Section 482 Cr. P.C. the prayer is to call for the records and quash the complaint in E.O.C.C. No. 768 of 1988, pending on the file of the Additional Chief Metropolitan Magistrate, Egmore, Madras, in the interests of justice. The petitioner is being prosecuted on a complaint filed by the respondent under Section 57 of the Foreign Exchange Regulation Act The Special Director of Enforcement initiated adjudication proceedings against the petitioner, the company and its partner J.P. Agarwal. A penalty of Rs. 30,000/- was imposed on the petitioner-company. The petitioner was directed to deposit the penalty imposed within 45 days from the date of the receipt of the said order. The petitioner preferred an appeal before the Foreign Exchange Regulation Appellate Board, which was dismissed on 1.5.1987. It was subsequently, that the present prosecution was initiated.2. Mr. P.R. Raman, learned Counsel representing the petitioner fairly stated that J.P. Agar...
Tag this Judgment!Govt. of Tamil Nadu Vs. Tamil Nadu Race Course General Employees Union ...
Court: Chennai
Decided on: Dec-20-1991
Reported in: (1993)ILLJ977Mad
Abdul Hadi, J.1. These two writ appeals arise out of the same judgment dated September 20, 1991 of Bakthavatsalam, J. in W.P. No. 15392 of 1989. The writ petitioner, Tamil Nadu Race course General Employees Union is the appellant in W.A. No. 1187 of 1990. The 1st respondent in the writ petition, viz., the Government of Tamil Nadu, represented by the custodian, Department of racing, is the appellant in W.A. No. 1053 of 1990. The Writ petitioner is the 1st respondent in W.A. 1053 of 1990 and the above said Government is the 1st respondent in W.A. No. 1187 of 1990. The Committee of Management, represented by its Chairman, Race Course, Madras, which was the 2nd respondents in the writ petition is also so in both the appeals. 2. The writ petition is for mandamus, directing the said Government 'to regularise the services of the race day employees after providing employment to all its race day employees as per the practice until October 1989, on all race and intervene betting days without giv...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Meenal and ors.
Court: Chennai
Decided on: Dec-20-1991
Reported in: 1993ACJ522
Abdul Hadi, J.1. This appeal by the 2nd respondent insurance company is against the order dated 13.9.1984 in M.C.O.P. No. 8 of 1984 on the file of Motor Accidents Claims Tribunal, Pudhukottai, awarding a compensation of Rs. 2,00,000/- to the respondent Nos. 1 to 4 who are claimants in the abovesaid M.C.O.P. The said compensation was awarded on account of the death of one Muthuraman when he himself drove the car MDT 3004 on 5.9.1982 and met with an accident which resulted in his death. The 5th respondent herein is the owner of the said car and the claimants are Muthuraman's wife, two minor children and his mother.2. The case of the claimants briefly is as follows: The said Muthuraman was driving the said car taking along with him in the said car his relatives and was proceeding in a normal speed. A cyclist, coming in the opposite direction, suddenly swerved to the right in front of the car. In order to avert dashing against him and killing him, the said Muthuraman suddenly swerved his v...
Tag this Judgment!Muniammal and ors. Vs. Venkitammal and ors.
Court: Chennai
Decided on: Dec-20-1991
Reported in: (1992)2MLJ425
Mishra, J.1. Three questions, (1) Whether Ex.A-1 had the character of a testament alone or is a deed of settlement of rights and interests in the property of the executrix for life and on her death upon the plaintiffs and the defendants 3 to 5 and the heirs and legal representative of the deceased daughter of the executrix (defendants 6 to 9) in O.S.No.156 of 1978 of the court of Subordinate Judge, Coimbatore, (2) whether the deed of cancellation (Ex.A-2) is valid and legal in the sense that it cancelled the right sand interests of the plaintiffs and the defendants 3 to 9 in the suit and (3) whether the suit filed beyond the period of three years for a declaration that Ex.A-2 is null and void is maintainable, arise for our consideration in this Letters Patent Appeal.2. Before we enter into the examination on the above questions, we may state briefly the facts. It is the admitted case of the parties that the site or the land in dispute was in the name of the first defendant acquired und...
Tag this Judgment!Thirubhuvanam Silk Handloom Weavers' Co-operative Production and Sales ...
Court: Chennai
Decided on: Dec-20-1991
Reported in: (1992)2MLJ260
Mishra, J.1. The petitioners herein have challenged the Ordinance No. 5 of 1991 dated 27th July, 1991 published in the Tamil Nadu Government Gazette (Extraordinary) dated 28th July, 1991. In the course of the hearing of the writ petitions, however, the Tamil Nadu Co-operative Societies (Appointment of Special Officers) Act, 1991 has been notified. They have amended the prayer and sought a declaration that it is void and unconstitutional.2. The statement of Reasons and Objects in the Amendment Act is the same as in the Ordinance and the provisions therein are the same as in the Ordinance, It is useful to notice that the Legislature of the State has enacted the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983) repealing the Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 53 of 1961) and the Tamil Nadu Co-operative Land Development Banks Act, 1934 (Tamil Nadu Act 10 of 1934) to amend and consolidate the law relating to and to make better provision for the...
Tag this Judgment!New India Assurance Co. Vs. Meenal and ors.
Court: Chennai
Decided on: Dec-20-1991
Reported in: (1992)2MLJ389
Abdul Hadi, J.1. This appeal by the 2nd respondent-Insurance Company is against the order dated 13.9.1984 in M.CO.P.No.8 of 1984 on the file of Motor Accident Claims Tribunal, Pudhukottai awarding a compensation of Rs. 2 lakhs to the respondents 1 to 4 who are claimants in the above said M.C.O.P. The said compensation was awarded on account of the death of one Muthuraman when he himself drove the car MDT.3004 on 5.9.1982 and met with an accident which resulted in his death. The 5th respondent herein is the owner of the said car and the claimants are Muthuraman's wife, two minor children and his mother.2. The case of the claimants briefly is as follows: The said Muthuraman was driving the said car taking along with him in the said car his relatives and was proceeding in a normal speed. A cyclist, coming in the opposite direction suddenly swervedto the right in front of the car. In order to avert dashing against him and killing him, the said Muthuraman suddenly swerved his vehicle to the...
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