Chennai Court October 1992 Judgments
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S. Kishore Kumar and anr. Vs. the Assistant Collector of Customs and o ...
Court: Chennai
Decided on: Oct-13-1992
Reported in: 1993(41)ECC42
ORDERSrinivasan, J.1. These two writ petitions are for issue of mandamus directing the respondents to return 625 gold coins and a receipt showing payment of customs duty by one Mr. Silance Xavier and also the duty-paid baggage receipt etc. One of the writ petitions is filed by S. Kishore Kumar. According to him, one Mr. Ghouse brought 625 Nos. gold coins weighing 4986 gms and paid customs duty of Rs. 1,09,692 vide baggage receipt No. 11261 dated 22.8.1992. It is stated that Mr. Ghouse handed over the coins to the petitioner, who sold 550 Nos. thereof and the balance of 75 Nos. were remaining unsold. According to him, he handed over the said 75 Nos. to one Mr. Omprakash for safe custody. It is not in dispute that there was a seizure of the said gold coins from the premises of the said Omprakash. It is for the return of the said 75 Nos. coins Mr. Kishore Kumar has filed writ petition No. 14055 of 1992. The other writ petition No. 14056 of 1992 has been filed by Silance Xavier. According ...
V. Tamil Selvan Vs. the State of Tamil Nadu Represented by Its Secreta ...
Court: Chennai
Decided on: Oct-13-1992
Reported in: (1993)1MLJ26
A.R. Lakshmanan, J.1. These two writ petitions have a chequered history. These two writ petitions can be cited as an example as to how people like the writ petitioner abuses the process of Court by obtaining orders by fraudulent means and by suppression of material and relevant facts.2. Before adverting to the facts of the present two writ petitions, it is necessary for this Court to refer to the previous writ petitions and the writ appeal filed by the very same petitioner for the same subject matter. The first in the series is W.P. No. 1835 of 1991. The prayer in the said writ petition is as follows : - To issue a writ of certiorarified mandamus or any other appropriate writ or direction, calling for the records of the 2nd respondent/ District Collector, Salem, relating to his Proceedings Roc. No. 515 of 1989 dated 22.6.1989 and Clause 4 of the lease deed relating to the period of expiry of the lease, quash the same as illegal, and direct the 2nd respondent to grant quarry lease for c...
Nesamony Transport Corporation Ltd. Vs. John Bright (Minor), Represent ...
Court: Chennai
Decided on: Oct-13-1992
Reported in: (1993)1MLJ365
ORDERK. Venkataswami, J.1. This revision petition is filed under Article 227 of the Constitution of India challenging an order of the tribunal below allowing I.A. 127 of 1990 a petition for reviewing an order already passed on 31.1.1990 in I.A. No. 435 of 1989 in S.R. No. 1899 of 1989.2. Brief facts are the following:In a motor accident that took place on 23.12.1986 minor John Bright, the first respondent herein was permanently disabled. Unfortunately the father and guardian of the minor did not take-timely steps to file a petition for compensation under Section 110-A of the Motor Vehicles Act, 1939, but filed the same after a delay of 737 days with a petition to condone that delay. That petition namely I.A. No. 435 of 1989 was dismissed. Aggrieved by that the minor represented by the father and guardian has filed I.A. No. 127 of 1990 purporting to invoke the provisions of Order 47, Rule 1 of the Code of Civil Procedure.3. The court below overruling the objections of the petitioner her...
D. Jayamohana Vs. Collector of Central Excise and anr.
Court: Chennai
Decided on: Oct-12-1992
Reported in: 1993(44)ECC94
ORDERVenkataswami, J.1. In all these three writ appeals, the appellant is common. In view of the limited scope of the writ appeals, by consent, they are taken up for final disposal.2. These three writ appeals are filed against separate orders in W.P. Nos. 156 of 1992, [Order dated 8.1.1992 in W.P. No. 156 of 1992 is reported as Jayamohana v. Collector of Central Excise, Madurai-2 in [1993] 41 ECC 207 (Mad)] 14120 of 1991 and 12799 of 1992, respectively dated 8.1.1992, 8.10.1991 and 25.8.1992.3. The facts leading to the filing of these writ appeals are the following:--The appellant was having central excise licence L-4 No. 9/M/81 issued by the Superintendent of Central Excise, for manufacture of matches. It is stated that the appellant was running the unit of manufacturing matches as a cottage industry without the aid of power. It appears, on account of losses incurred in the manufacture of matches, the unit was closed on 23.7.1985 and the same was duly informed to the Excise Department...
Indian Institute of Human Resources Development Vs. National Institute ...
Court: Chennai
Decided on: Oct-03-1992
Reported in: (1992)IIMLJ168
Misra, J. 1. This appeal under clause 15 of the Letters Patent is directed against the judgment in Application No. 6887 of 1990 in C.S. No. 1307 of 1990, granting interim injunction restraining the appellant/respondent, its agents, men and representatives from using the name of 'Indian Institute of Human Resources Development' in their business and passing off teaching materials in that name, which, according to the respondent/applicant-plaintiff is deceptively similar to 'National Institute of Human Resources Development' a proprietary concern of the respondent plaintiff. 2. In the plaint in C.S. No. 1307 of 1990, the plaintiff/respondent has claimed that it had conceived of a new educational project and evolved a new original orientation of both the subjects of study and methods of instruction of inventive nature and designed the institution 'National Institute of Human Resources Development' in the context of national objectives of education and training for simultaneous development...
Managing Director, Thanthai Periyar Transport Corporation Ltd. Vs. Sel ...
Court: Chennai
Decided on: Oct-01-1992
Reported in: 1994ACJ118
V. Ratnam, J.1. These appeals and revisions, at the instance of Thanthai Periyar Transport Corporation Ltd. (hereinafter referred to as 'the Corporation') as well as another appeal and memorandum of cross objections at the instance of the claimants have been preferred against the awards of the Motor Accidents Claims Tribunal (Sub-court), Tindivanam, in M.C.O.P. Nos. 65, 17, 69, 201, 58, 117, 55, 159, 17, 54, 141, 292, 294, 304, 16, 59 and 56 of 1986 respectively. In the appeals and revisions filed by the Corporation it has challenged the awards of the Tribunal on its conclusion on the question of the negligence of the driver of the bus TML 8364, which plied on the route Madras to Tiruvannamalai on 12.11.1985 and met with an accident resulting in the death of several passengers in the bus. In C.M.A. No. 419 of 1990 and the memoranda of cross-objection Nos. 119 of 1992.138 of 1991,59 of 1992 and 148 of 1991 in C.M.A. Nos. 332, 344, 597 and 798 of 1990 respectively the claimants have chal...
The Managing Director, Thanthai Periyar Transport Corporation Ltd. Vs. ...
Court: Chennai
Decided on: Oct-01-1992
Reported in: (1993)1MLJ587
Ratnam, J.1. These appeals and revisions, at the instance of Thanthai Periyar Transport Corporation Ltd. (hereinafter referred to as 'the Corporation') as well as another appeal and Memorandum of Cross objections at the instance of the claimants, have been preferred against the awards of the Motor Accidents Claims Tribunal (Sub Court) Tindivanam, in M.C.O.P. Nos. 65, 17, 69, 201, 58, 117, 55, 159, 17, 54, 141, 292, 294, 304, 16, 59 and 56 of 1986 respectively. In the appeals and revisions filed by the Corporation it has challenged the awards of the tribunal on its conclusion on the question of the negligence of the driver of the bus TML.8364, which plied on the route Madras to Tiruvannamalai on 12.11.1985 and met with an accident resulting in the death of several passengers in the bus. In C.M.A. No. 419 of 1990 and the Memorandum of Cross objection Nos. 119 of 1992, 138 of 1991,59 of 1992 and 148 of 1991 in C.M. A. Nos. 332,344,597 and 798 of 1990 respectively the claimants have challe...
P.M. Palaniandi Pillai (Died) and ors. Vs. the Union of India (Uoi) Ow ...
Court: Chennai
Decided on: Oct-01-1992
Reported in: (1993)2MLJ653
Bellie, J.1. Plaintiff who has filed the second appeal having died his legal representatives are prosecuting the second appeal.2. The plaintiff was employed as Rakshak in the Railway Protection Force. On 9.6.1976 he was issued with a charge memo on the allegation that while he was on guard duty in the Carriage Works, Perambur, during the night between 8.6.1976 and 9.6.1976 a theft of copper wire in the store room had occurred and the miscreants had entered into the store room by removing the tiles in the roof and there had been fire inside the room and on account of that there was smoke coming out, but the plaintiff did not note it due to his carelessness and non-diligence. Thereafter, an enquiry was conducted and the Enquiry Officer found him guilty of the charge and the Assistant Security Officer passed an order removing the plaintiff from service. The plaintiff filed an appeal before the Security Officer which was dismissed and again he filed a revision also and that too was dismiss...
The Managing Director, T.P.T. Corporation Ltd. Vs. Sellamuthu and ors.
Court: Chennai
Decided on: Oct-01-1992
Reported in: 1(1994)ACC593
Ratnam, J.1. These appeals and revisions, at the instance of Thanthai Periyar Transport Corporation Ltd. (hereinafter referred to as 'the Corporation') as well as another appeal and memorandum of Cross-objections at the instance of the claimants, have been preferred against the awards of the Motor Accidents Claims Tribunal (Sub-Court) Tindivanam, in M.C.O.P. Nos. 65, 17, 69, 201, 58, 117, 55, 159, 17, 54, 141, 292, 294, 304, 16, 59 and 56 of 1986 respectively. In the appeals and revisions filed by the Corporation it has challenged the awards of the Tribunal on its conclusion on the question of the negligence of the driver of the bus TML 8364, which plied on the route Madras to Tiruvannamalai on 12.11.1985 and met with an accident resulting in the death of several passengers in the bus. In C.M.A. No. 419 of 1990 and the Memorandum of Cross Objection Nos. 119 of 1992, 138 of 1991, 59 of 1992 and 148 of 1991 in C.M.A. Nos. 332, 344, 597 and 798 of 1990 respectively the claimants have chal...
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