Chennai Court March 1991 Judgments
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Rakkammal Vs. P.R. Meyappan Ambalam and ors.
Court: Chennai
Decided on: Mar-21-1991
Reported in: I(1993)DMC354
Nainar Sundaraxm, J.1. This Civil Miscellaneous Appeal is directed against the judgment and decree of the District Court. Ramanathapuram at Madurai on O.P. No. 1 of 1984. The first respondent in the Original Petition is the appellant herein. Petitioners 1 to 7 in the Original Petition arc respondents 1 to 7 herein and the second respondent in the original petition is the eighth respondent herein. We are referring to the parties as per their nomenclature in the Original Petition. The petitioners sought the following reliefs in the Original Petition :'It is therefore prayed that this Honourable Court may be pleased to grant an order of Letters of Administration or Ancillary Probate which ever i necessary in respect of the estate of the deceased Velu Ambalaro in favour of the petitioners 1 to 3 as well as in favour of the second respondent and to grant such other reliefs as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.' 2. The mate...
Alagammai and ors. Vs. V. Rakkammal
Court: Chennai
Decided on: Mar-21-1991
Reported in: (1991)2MLJ86
Nainar Sundaram, J.1. Defendants 1 to 5 in O.S. No. 32 of 1976, on the file of the Subordinate Judge, Sivaganga, are the appellants in this Letters Patent Appeal. The respondent herein is the plaintiff in the suit. The plaintiff filed the suit for a declaration of heirship and recovery of possession on the strength of title. The plaintiff based her claim as follows: The plaintiff is the daughter of Velu Ambalam and Karuppayee, who were lawfully wedded as husband and wife. The plaintiff was born out of such wedlock on 3.11.1943. The first defendant was a sister's daughter of Velu Ambalam and she was brought into the family for a domestic assistance. Velu Ambalam developed sexual contact with the first defendant due to proximity. The first defendant was not the lawfully wedded wife of Velu Ambalam. Defendants 2 to 5 were born to the first defendant out of her illegal intimacy with Velu Ambalam. The plaintiff and her mother Karuppayee were driven out of the household at the instance of th...
M/S. HussaIn Lorry Booking Service, Coimbatore and Others Vs. A. Siraj ...
Court: Chennai
Decided on: Mar-20-1991
Reported in: AIR1991Mad367; (1991)IIMLJ48
ORDER1. The respondents in R.C.O.P. No. 93 of 1983 on the file of the Rent Controller (Principal District Munsif), Coimbatore arc the petitioners in this civil revision petition. The petitioner in the said R.C.O.P. is the respondent in this civil revision petition. For the sake of convenience the parties are referred to in this order as per the nomenlature given to them in the R.C.O.P.2. The petitioner filed an application for eviction against the respondents under Ss. 14(i)(b) and 14(2)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act XVIII of 1960, hereinafter called the Act. The case of the petitioner in R.C.O.P. No. 93 of 1983 is as follows:The first respondent is a registered firm whose present partners are respondents 2 and 3. Formerly the Second respondent and F. Mohamed Hussain were partners of the firm. After the death of F. Mohamed Hussain, the third respondent herein has become the partner along with the second respondent in the respondents-firm. The respondents 4...
Tamil Nadu Electricity Board by Its Chief Engineer, Personnel and ors. ...
Court: Chennai
Decided on: Mar-20-1991
Reported in: (1992)1MLJ499
ORDERRaju, J.1. The short but of late often raised question that arises for consideration in these cases is as to whether the failure to furnish a copy of the report of the Enquiry Officer to the delinquent employee in a disciplinary proceeding before the Disciplinary or the Punishing Authority, as the case may be, makes up its mind and records the finding of guilt as against him, would constitute violation of the principles of natural justice or the relevant statutory regulations? In the instant case, relevant regulations are 'Tamil Nadu Electricity Board Employees' Discipline and Appeal Regulations (hereinafter referred to as The Regulations').2. The Writ Appeal No. 1033 of 1990 has been filed against the order of the learned single Judge dated 31.7.1990 in W.P. No. 6487 of l986where under the learned Judge allowed the writ petition filed by the respondent herein seeking to quash the proceedings of the appellant in B.P. Ms. (FB) 46 (Administrative Branch), dated 5.6.1986 following hi...
Y. Johnba Vs. Tamil Nadu Wakf Board Represented by Its Secretary and o ...
Court: Chennai
Decided on: Mar-20-1991
Reported in: (1991)1MLJ374
ORDERSomasundaram, J.1. In this writ petition the petitioner prays for the issue of a writ of certiorari to quash the order of the first respondent dated 23.6.1986 passed in W.A. No. 8 of 1985 (R.C. 9741/AG/74) relating to Khader Pallivasal Iddgah Gori Dakni Jamath, Ramanathapuram.2. The facts leading to the filing of the above writ petition are as follows:Pallivasal Iddgah Gori Dakni Jamath, Ramanathapuram. The said Jamath through its Managing Committee of which the petitioner is the Secretary, is managing Khader Pallivasal, a mosque at Ramanathapuram and Iddgah Gori Thope, a place where Muslims of Ramanathapuram perform their two Idd prayers' (Ramzan and Bakrith prayers) every year. According to the petitioner, the said Iddgah and Khader Pallivasal together remain a single wakf. The said wakf and its properties including the mosque building and the Iddgah site and trees thereon are managed by the Dakni Jamath through its Managing Committee for many decades.3. The respondents 2 and 3 ...
M. Kannan Vs. the Director, Government (Cinchona) Department
Court: Chennai
Decided on: Mar-19-1991
Reported in: (1992)1MLJ196
ORDERK.M. Natarajan, J.1. This writ petition is filed under Article 226 of the Constitution of India for issuance of a writ at mandamus directing the respondent, Government Cinchona Department, to refund the various amounts held as security and earnest money deposits of the petitioner and grant such further or other reliefs as deemed fit.2. The case of the petitioner as disclosed from the affidavit filed in support of the petition are briefly as follows: The petitioner is a forest contractor of Cinchona Department from 1974. In the year 1978, he became the successful tenderer for felling and removal of tress in Moyar, Hooker and Naduvattam Divisions of Cinchona Department, Udhagamandalam, The Nilgiris. All the contracts were awarded on 18.5.1978 (1) for felling and removal of silver oak trees etc., and supply of firewood to the Cinchona Department. According to the petitioner the completion of the contract in respect of Moyar Division Blocks XII-B, XII-b and XII-C was over in March, 19...
A. Ashok Vs. the State of Tamil Nadu and Another
Court: Chennai
Decided on: Mar-18-1991
Reported in: AIR1992Mad172
ORDER1. The prayer in the writ petition is as follows: '.......to pass a writ of mandamus or any other writ or order of similar nature directing the respondents to conduct the Election of Chairman and Councillors for all the Municipalities in Tamil Nadu within a date to be fixed by this Hon'ble Court.....'2. The petitioner, voter in Ward No. 9, Palayamkottai who is also a tax payer has come to this Court praying to direct the respondents to conduct elections for all the Municipalities. It seems the petitioner has contested in the year 1986 Municipal Election and lost by a narrow margin. As he is interested in the public affairs, in particular Municipal affairs, of the Palayamkottai Municipality, he has come up to this Court with this writ petition styling as Public interest litigation, The petitioner alleges in the affidavit that the Municipal election took place for all the Municipalities is Tamil Nadu on 23-2-1989, that the tenure of affice of the Chairman and Councillors was origina...
Ergadyue (P) Limited Vs. K.C.P. Limited and ors.
Court: Chennai
Decided on: Mar-18-1991
Reported in: (1991)2MLJ35
ORDERBakthavatsalam, J.1. The prayer in the writ petition is as follows:.to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 3 and 4 to afford necessary assistance to the petitioner company for preventing the second respondent union its men or agents from obstructing entry into the factory premises of the first respondent company at Tiruvottiyur, Madras-19, and the removal of 1 No. Upper drum shell plate (plate size: 63 mm thick; 2460 mm width and 4635 mm length) belonging to the petitioner company from and out of the factory premises of the first respondent without being prevented or obstructing by the second respondent Union, its men or agents....2. Notice of motion has been ordered by me on 8.1.1991. A counter affidavit has been filed by the first respondent.3. I have heard the arguments of Mr. M. Balachandar, the learned Counsel for the petitioner, Mr. CHarikrishnan, the learned Counsel for the first respondent company, Mr. K. Ch...
Janab M. H. M. Yakoob (Died) and Others Vs. M. Krishnan (Died) and Oth ...
Court: Chennai
Decided on: Mar-15-1991
Reported in: AIR1992Mad80
ORDERK. M. Natarajan, J.1. The unsuccessful plaintiff in O.S. No. 739 of 1980 on the file of the Subordinate Judge, Coimbatore has preferred this appeal. The plaintiff died and his legal representatives are added. The first defendant died and his legal representatives are added.2. The case of the plaintiff as disclosed from the plaint is briefly as follows : The defendants are the owners of the suit properties described in the plaint schedule. They entered into an agreement of sale on 22-2-1979 in respect of the suit properties with the plaintiff and one C. Y. Mohammed Ali. As per the terms of the said agreement, they agreed to sell the land measuring 2 acres 41 cents for Rs. 1,05,000/- to the plaintiff and the said C. Y. Mohammed Ali and received an advance of Rs. 5,000/- on the dale of the agreement and further agreed to receive another sum of Rs. 5,000/- within 30 days from the date of agreement. The plaintiff paid a further sum of Rs. 5,000/- within 30 days and obtained an endorsem...
Janab N.H.M. Yakoob (Died) and ors. Vs. M. Krishnan (Died) and ors.
Court: Chennai
Decided on: Mar-15-1991
Reported in: (1991)2MLJ249
K.M. Natarajan, J.1. The unsuccessful plaintiff in O.S. No. 739 of 1980 on the file of the subordinate Judge, Coimbatore has preferred this appeal. The plaintiff died and his legal representatives are added. The first defendant died and his legal representatives are added.2. The case of the plaintiff as disclosed from the plaint is briefly as follows : The defendants are the owners of the suit properties described in the plaint schedule. They entered into an agreement of sale on 22.2.1979 in respect of the suit properties with the plaintiff and one C.Y. Mohammed Ali. As per the terms of the said agreement, they agreed to sell the land measuring 2 acres 41 cents for Rs. 1,05,000 to the plaintiff and the said C.Y. Mohammed Ali and received an advance of Rs. 5,000 on the date of the agreement and further agreed to receive another sum of Rs. 5, 000 within 30 days from the date of agreement. The plaintiff paid a further sum of Rs. 5,000 within 30 days and obtained an endorsement in the agre...
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