Chennai Court November 1992 Judgments
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Ettiappa Mudaliar and anr. Vs. T. Subramanian
Court: Chennai
Decided on: Nov-19-1992
Reported in: I(1994)DMC166; (1993)IMLJ333
A.R. Lakshmanan, J.The respondents before the lower Court are the appellants herein. The present appeal has been directed against the judgment and decree dated 9.1.1992 in G.W.O.P. No. 156 of 1990 on the file of the District Judge, Chengalpattu.1. The respondent herein, who is the father of the minor Ramachandran alias Anandan now aged about 4 1/2 years, has filed the Guardian Wards O.P. No. 156 of 1990 under Section 25(1) of the Guardian and Wards Act, read with Section 6(a) of the Hindu Minority and Guardianship Act, 1956, to direct the respondents/appellants herein, who are the maternal grand-parents of the minor, to hand over the custody of the minor to the respondent herein.2. The shorts facts are, the respondent married the appellants' daughter Dhanalakshmi on 12.2.1987 at Villivakkam and that the marriage was solemnized according to Hindu rites and Custom. The respondent is employed in Tamil Nadu Civil Supply Corporation at Kancheepuram, which is his native place. They were livi...
Selvakkodi Vs. State
Court: Chennai
Decided on: Nov-18-1992
Reported in: 1993CriLJ675
Arunachalam, J. 1. This appeal is directed against the judgment of the Principal Sessions Judge, Madurai, in S.C. No. 82 of 1986, convicting appellant Selvakkodi, under S. 302, Penal Code, and sentencing him to undergo imprisonment for life. The appellant is also charged under S. 324, Penal Code, for having caused hurt to P.W. 2, Annakodi, with a dangerous weapon. However, after trial, he was acquitted of the said charge. 2. Prosecution case, he brief, is as follows :- Occurrence which led to this prosecution is alleged to have taken place at or about 6.30 p.m., on 11-6-1985, near the manthai, in East Street at Poochampatti village. Appellant is alleged to have stabbed deceased Doraiswami with a knife on his left flank, leading to the victim succumbing to the injury sustained, when he was in the process of transit, to Government Rajaji Hospital, Madurai. 3. P.W. 1, Rajavadivu, is a resident of Poochampatti village. Appellant is the son of the elder sister of P.W. 1. Deaceased Doraiswam...
Commissioner of Wealth-tax Vs. E.M. Gopalakrishna Kone Trust
Court: Chennai
Decided on: Nov-17-1992
Reported in: [1995]212ITR173(Mad)
V. Ratnam, A.C.J. 1. In these tax case petitions under section 27(3) of the Wealth-tax Act, 1957, the Revenue seeks a direction to the Tribunal to refer the following to common questions of law, for the assessment year 1973-74 to 1986-87 : '1. Whether the Appellate Tribunal was right in law in not considering the relevant material on record, namely, the assessee's letter dated January 10, 1987, and referred to in the assessment order dated February 10, 1987, for the assessment year 1973-74 before coming to the conclusion that the debt had become bad 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that debt of Rs. 6,29,367 which was due to the assessee from Shri P. M. G. Soundararajan had became had and should not be included in the assessable wealth of the assessee ?' 2. In the course of the proceeding before the Tribunal, the assessee, a trust, claimed that a sum of Rs. 6,29,367 due to the assessee from the late E. M. G...
Sivananda Pipe Fittings Limited Vs. Superintendent of Central Excise a ...
Court: Chennai
Decided on: Nov-17-1992
Reported in: 1994(45)ECC77; 1994LC146(Madras)
ORDERRaju, J.1. The above writ petition has been filed for the issue of a writ of certiorari to call for and quash the proceedings of the third respondent in A.No. 79/83 (CBE) (D), dated 27.12.1983. 2. The petitioners are manufacturers of straight length pipes (bevelled at ends), water well casing pipes, pipe bends, rolled and welded pipe work, boiler tubes, etc., and were assessed on the file of the Superintendent of Central Excise, Hosur. It is claimed that under a mistake of law, excise duty was paid on those goods under tariff item (T.I.) 68 of the Central Excise Tariff. The petitioners also claimed that they buy the duty-paid pipes and merely bend or process the pipes and coming to know of the orders of the Central Board of Excise and Customs, New Delhi dated 28.2.1981 issued in the matter of M/s. Stewards and Lloyd's of India Limited, Calcutta, the petitioners sought for reclassification of their products under T.I. 26AA (IV) of the Central Excise Tariff. On an application submit...
United India Insurance Company Ltd., Division Office Vs. PravIn Paul a ...
Court: Chennai
Decided on: Nov-17-1992
Reported in: (1993)2MLJ174
ORDER1. This petition is filed to condone the delay of 131 days in filing the civil miscellaneous appeal before this Court, against the award and decree dated 4.12.1991 in M.A.C.T.O.P. No. 50 of 1988 on the file of the Motor Accidents Claims Tribunal (I Additional District Judge), Pondicherry.2. In the affidavit filed in support of the petition by the Deputy Manager of the petitioner (Insurance company) it is averred that the application for obtaining certified copies of the judgment and decree was made on 15.12.1991 without any delay and the copies were made ready on 16.3.1992. It is further submitted that based on the endorsements made on the certified copies of the judgment and decree, the above civil miscellaneous appeal ought to have been filed within 90 days from 16.3.1992, that is, on or before 13.6.1992. A delay of 131 days has occurred in preferring the appeal. It is further submitted that the relevant papers relating to the O.P. and the certified copies of the judgment and de...
Rajammal (Died) and ors. Vs. the Idol of Sri Thanthonneeswaraswami by ...
Court: Chennai
Decided on: Nov-16-1992
Reported in: (1993)1MLJ387
Abdul Hadi, J.1. The defendant is the appellant. She having died pending this second appeal, her legal representatives have been brought on record as appellants 2 and 3. The respondent, the idol of Sri Thanthoneeswarasami by its hereditary trustee, K. Appathurai, filed the suit O.S. No. 430 of 1978 on the file of the District Munsif of Tiruchirapalli for possession of the suit land after removal of the superstructure put up therein by the defendant and for a sum of Rs. 144. The suit was dismissed so far as the possession relief is concerned, but decreed only with reference to the abovesaid money claim for Rs. 144, which was claimed as arrears of rent at the rate of Rs. 4 per month, that is for three years, till date of the plaint, viz., 27.3.1978. The case of the plaintiff is that suit house (with land) was leased out to the defendant while the case of the defendant is that only suit vacant site was leased out and the defendant put up the superstructure therein.2. The defendant mainly ...
Mangathayee Alias Kannammal Vs. Govindaraji Mudaliar and anr.
Court: Chennai
Decided on: Nov-16-1992
Reported in: (1993)1MLJ530
Abdul Hadi, J.1. The plaintiff is the appellant. Though her suit O.S. No. 9 of 1976 on the file of the District Munsif, Cheyyar was decreed, the decree was reversed by the Subordinate Judge, Vellore in A.S. No. 40 of 1978, preferred by the defendants and the suit was dismissed.2. The plaintiff claimed title to the suit properties basing on Ex.A-1 the registered settlement deed, dated 2.8.1951, executed by Munusamy Naidu, the father of the plaintiff, covering all the three items of the suit properties. No doubt, on the date of Ex. A-1, the plaintiff was not alive, she having been born on 28.8.1955. But the relevant recital in Ex.A-1 is as follows:(i.e. Munusamy Naidu and his wife)So, according to the plaintiff under Ex.A-1 life interest in the suit properties has been given to the settlor's wife and the settlor himself and after their lifetime, their children to be born are to get the vested interest in those properties. No doubt, there was another elder brother of the plaintiff. But, i...
Rizwan International Vs. Union of India and Another
Court: Chennai
Decided on: Nov-13-1992
Reported in: AIR1994Mad112; 1994(73)ELT804(Mad)
ORDER1. Petitioner is a recognised exporter. The main product of export is musical instruments part made out of red-sanders wood. The petitioner is a partnership firm and it has installed the necessary infrastructures for carrying on its export business by setting up a production facility at No. 1 Rizwan Road, Madhavasram. Red Sanders Wood is widely used by Japanese for making the musical instrument known as 'Shamisan'. It is used for accompaniment of two types of vocal music. Export of red-sanders musical instruments and chips and powder and koto parts had been taking place for the past several years from Tamil Nadu and in the import-export policy prevailing up to 31-3-1992. The export of the said product was on the basis of the licence issued by the Chief Controller of Imports and Exports, New Delhi. In fact the policy was for the period from April 1990 to March 1993. But in March 1992 the policy was suddenly changed and a new policy was framed for five years commencing from 1-4-1992...
S. Abboy Naidu Vs. R. Sundararajan and Others
Court: Chennai
Decided on: Nov-13-1992
Reported in: 1994CriLJ641
ORDER1. This revision is directed by the complainant P.W. 1 against the order of acquittal passed by the 3rd Additional Assistant Sessions Judge, Coimbatore in a case instituted under sections 498A and 306, I.P.C. The brief facts which are necessary for the disposal of the Revision can be stated as follows :- P.W. 1 and P.W. 2 are the parents of the deceased Saroja. The deceased Saroja was given in marriage to the accused on 2-6-1982 and after five months of their marriage when the accused and deceased Saroja came to the house of P.Ws. 1 and 2 in connection with Deepavali, P.Ws. 1 and 2 presented a dining table, worth about Rs. 950/-. It is stated that the accused told them that it would have been better if they had paid the value of the dinning table instead of purchasing a dining table, as he would have deposited the money in the bank. So saying, he quarrelled with P.Ws. 1 and 2 and returned to his house without taking the meals there. The parents of the accused also came and express...
Rizwan International Vs. Union of India
Court: Chennai
Decided on: Nov-13-1992
Reported in: 1993(42)ECC191; (1993)IMLJ561
ORDER1. Petitioner is a recognised exporter. The main product of export is musical instrument parts made out of red-sanders wood. The petitioner is a partnership firm and it has installed the necessary infrastructures for carrying on its export business by setting up a production facility at No. 1, Rizwan Road,....Red-sanders wood is widely used by Japanese for making the musical instrument known as 'Shamisen'. It is used for accompaniment of two types of vocal music. Export of red-sanders.. musical instrument and chips and powder and koto parts had been taking place for the past several years from Tamil Nadu and in the Import-Export Policy prevailing upto 31-3-1992. The export of the said product was on the basis of the licence issued by the Chief Controller of Imports and Exports, New Delhi. In fact, the policy was for the period from April, 1990 to March, 1993. But, in March, 1992 the policy was suddenly changed and a new policy was framed for five years commencing from 1-4-1992 and...
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