Chennai Court November 1992 Judgments
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G. Ponmani Vs. the Life Insurance Corporation of India and Another
Court: Chennai
Decided on: Nov-06-1992
Reported in: 1994ACJ211; AIR1993Mad343
ORDER1. This is a writ petition for the issue of a writ of mandamus directing the respondents to pay the petitioner, wife of late M. Gopal who held the Life Insurance Policy No. 41582069, a sum of Rs.50,000/- along with interest at the rate of 12% p.a. from the date of maturity till the date of the payment as per claim No. 136/82-83. The husband of the petitioner the deceased Gopal submitted a proposal for the insurance of his life for a sum of Rs.50,000/- on 28-8-1979. The second respondent accepted the proposal and issued a policy bearing No. 41582069 for a sum of Rs.50,000/- commencing from 6-9-1979 onthe life of Shri Gopal subject to the conditions and privileges mentioned in the policy. The life assured had named the petitioner as the nominee under the policy under S. 39 of Insurance Act 1938. The premiums under the policy were paid up to and inclusive of the half yearly that fell due in the month of September 1979. The half yearly premium due for March 1980 onwards, not paid and ...
G. Ponmani Vs. Life Insurance Corporation of India and ors.
Court: Chennai
Decided on: Nov-06-1992
Reported in: I(1995)ACC324
T. Somasundaram, J.1. This is a writ petition for the issue of a writ of mandamus directing the respondents to pay the petitioner, wife of late M. Gopal, who held the life insurance policy No. 41582069, a sum of Rs. 50,000/- along with interest at the rate of 12 per cent per annum from the date of maturity till the date of the payment as per claim No. 136 of 1982-83. The husband of the petitioner, the deceased Gopal, submitted a proposal for the insurance of his life for a sum of Rs. 50,000/- on 28.8.1979. The second respondent accepted the proposal and issued a policy bearing No. 41582069 for a sum of Rs. 50,000/ - commencing from 6.9.1979 on the life of Gopal subject to the conditions and privileges mentioned in the policy. The life assured had named the petitioner as the nominee under the policy under Section 39 of Insurance Act, 1938. The premiums under the policy paid up to and inclusive of the half-yearly the fell due in the month of September, 1979. The half-yearly premium due f...
V.N. Govindarajan Vs. the Govt. of India
Court: Chennai
Decided on: Nov-05-1992
Reported in: AIR1993Mad87
ORDER1. The petitioner has prayed for issue of a writ to quash letler No. 129/690/86 FFSZ dated 26-6-1989 and direct the respondent to sanction Swatantrata Sainik Saman Pension to the petitioner with effect from 30-5-1985, the date of applicaton with arrears together with cost.2. The petitioner filed an application on 30-5-1985 for grant of Swatantrata Sainik Saman Pension. That was rejected by the respondent by letter dated 4-8-1986 in No. 129/690/86 FF S2. The petitioner made a further representation through his Advocate Mr. A. Rangarajan on 10-4-1989. The matter was again considered by the respondent and reply was sent under letter No. 129/690/86 FF S2 dated 26-6-1989, reiterating the stand taken earlier and rejecting the claim of the petitioner. It is the latter communication which is sought to be quashed in the writ petition. There is no prayer in the writ petition to quash the earlier communication by which the petitioner's application was rejected on 4-8-1986. 3. The ground on w...
Karuppiah and Others Vs. State
Court: Chennai
Decided on: Nov-05-1992
Reported in: 1993CriLJ1688
Janarthanam, J.1. All the accused 1 to 7, aggrieved by their conviction and sentence in S.C. No. 13 of 1986 on the file of Court of Session, Pudukkottai Division, Pudukkottai, have come forward with this appeal. 2. The brief facts are :- (a) All the accused 1 to 7 are the residents of Melnilaipatti, situate within the jurisdiction of Puduppatti Police Station. They are closely related. Accused 2 and 5 are brothers. Accused 1 and 4 are the sons of accused 2. Accused 3, 6 and 7 are the pangalis of accused 1. One Muthan (since deceased) was also a resident of the said Village. P.Ws. 1 and 2 Muniandi and one Ponnan are his brothers. All the brothers had been living separately. P.W 3, a resident of the said village, is the son of one Sevugan, who is none, else than the paternal uncle of P.Ws. 1 and 2 and the deceased. They and accused 1 to 7 are all Harijans. (b) There is a temple for the deity going by the name Andhiri Amman in the village. To the east of the temple, there is a mud road r...
M. Krishnappa Chetty and anr. Vs. P.E. Chandrasekaran @ Chandran
Court: Chennai
Decided on: Nov-05-1992
Reported in: (1993)1MLJ18
ORDERSrinivasan, J.1. This revision has been filed against an order dated 16.8.1991 in I.A. No. 13577 of 1991 in O.S. No. 5731 of 1991 on the file of the 18th Assistant Judge, City Civil Court, Madras. The said order is one granting interim injunction. Originally the matter was posted to 2.9.1991 for service of notice. Again, the interim order was extended and the matter was being adjourned from time to time. Ultimately, on 22.10.1991 the order passed was,Hearing advanced from 29.10.1991 to to-day. as per order in I.A. No. 16229 of 1991. Counter filed, Stayed by P.O. in C.M.P. No. 1341 of 1991 till 8.11.1991All that happened in the court of the Fourth Assistant Judge, City Civil Court, Madras. Thereafter the proceedings were transferred to the file of the 18th Assistant Judge by order of the Principal Judge, City Civil Court, Madras. Then onwards the matter was being adjourned from time to time without any reasons being recorded by the Judge for such adjournments. It is now stated by l...
Aurelec Trust Vs. Superintendent of Central Excise
Court: Chennai
Decided on: Nov-04-1992
Reported in: 1993(63)ELT57(Mad)
ORDER1. Heard. This Petition is directed against an order of the Customs, Excise and Gold (Control) Appellate Tribunal, rejecting the application for stay of the realization of excise duty of Rupees Three Lakhs and odd and penalty of Rs. 10,000/- and directing the petitioner to deposit the full amount of duty in there monthly installments and submit a report of compliance, 'On their doing so, the condition of pre-deposit of the amount of penalty shall stand waived and recovery thereof shall also remain stayed.' Petitioner has been dealing in computers. It has been assessee to duty and found liable to penalty as above by the Collector of Central Excise. It has filed an appeal against the Collector's order before the Appellate Tribunal, but has not deposited the demanded duty amount and/or the penalty. It asked for stay of the demand. Section 35F of the Central Excises and Salt Act, 1944, which, it is conceded, has to be applied, says, 'Where in any appeal..... the decision or order appe...
K.C. Palanisamy and Company Vs. Assistant Collector of Central Excise
Court: Chennai
Decided on: Nov-04-1992
Reported in: 1993(42)ECC316; 1993(63)ELT55(Mad)
ORDER1. Heard learned counsel for the parties. Since I propose to remit the case for disposal in accordance with law, I only state what I feel is relevant for the purpose of the question that I am required to determine. Petitioner herein preferred appeal against a demand of revenue of Rupees Eight Lakhs and odd by the Assistant Collector of Central Excise, duly confirmed in appeal Tribunal, South Regional Bench at Madras, they also made an application for waiver of pre-deposit of duty. The Tribunal has, on the application for waiver, said as follows : 'We have carefully considered the submissions made before us. The question as to whether the goods are liable to duty or not and would be covered by the exemption notification under the new Tariff with effect from 1-3-1988 would be a matter that would call for deeper examination of the issue with reference to the records and other relevant materials, not permissible at this stage. We do not, prima facie find any infirmity in the impugned ...
Pattani Vs. State
Court: Chennai
Decided on: Nov-03-1992
Reported in: 1993CriLJ1709
Janarthanam, J.1. The accused, aggrieved by his conviction and sentence in S.C. No. 94 of 1983 on the file of Court of Session, West Thanjavur Division, Thanjavur, has come forward with this appeal. 2. The brief facts are :- (a) The accused is a resident of Kottur Chatram village, which is situate within the jurisdiction of Kottur Police Station. He got married to one Krishnammal (since deceased - Deceased 1) some 25 years prior to 28-2-1983 the date on which the occurrence was said to have happened. The spouses lived happily and two female offsprings came into existence. They were named as 'Vijayalakshmi' and 'Malliga'. They came of age and both were happily married. (b) Some one and a half decades before the occurrence, the matrimonial life between the accused and deceased I was not cordial and it so happened that Deceased 1 eloped with a paramour of her choice and started living with him in the village going by the name Oomathankadu. While so living, she begot a female child by nam...
G. Srinivasan Vs. the Customs, Central Excise and Gold Control Appella ...
Court: Chennai
Decided on: Nov-02-1992
Reported in: 1993(41)ECC237
ORDERSrinivasan, J.1. The petitioner who is the Superintendent, Central Excise has prayed for issue of a writ calling for the records of the first respondent, the Customs Central Excise and Gold Control Appellate Tribunal in short known as CEGAT, in appeal Nos. C/4/89/Madras etc. and expunge the remarks made in paragraph 62 in pages 43 and 44 of the impugned order and direct the second respondent, viz., the Collector of Customs and Central Excise not to proceed further, pursuant to the observations made in the said paragraph.2. The relevant facts are that the petitioner was working as Superintendent of Central excise, BHEL Range of Trichy Customs and Central Excise Collectorate. He was working in Trichy Customs Airport during the period February 1983 to March 1985. The Directorate of Revenue Intelligence, Madras received information about the smuggling of 5,000 pieces of snake skins by certain persons and on investigations they found that smuggling was done on four occasions in May 198...
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