Chennai Court March 1992 Judgments
The Superintending Engineer, National Highways Vs. Vcl. Somasundaram
Court: Chennai
Decided on: Mar-31-1992
Reported in: (1993)1MLJ264
Abdul Hadi, J.1. A short legal point is alone involved in those two appeals arising out of arbitration proceedings. The point is, whether an arbitrator has power to send for the documents required by any of the parties before him. The appellant's contention is that an arbitrator has no such power and the party requiring any document to be sent for could only move the court for necessary directions. But the contention of the respondent is that an arbitrator himself has such a power.2. The facts which are necessary for the disposal of those two appeals may now be stated: The dispute is between the contractor, the respondent in both the appeals, and the Superintending Engineer, National Highways, Salem, who is the appellant in both the appeals. Since the contractor could not carry on the work, the appellant terminated the contract. According to the contractor, he could not carry on the work because, the appellant who had to supply hot mix plant pavers, etc., did not supply them. The dispu...
Tag this Judgment!M. Sreeramulu Reddy Vs. N.C. Ramasamy
Court: Chennai
Decided on: Mar-30-1992
Reported in: [1994]79CompCas540(Mad)
Arunachalam, J.1. The petitioner, M. Sreeramulu Reddy, is the sole accused in C.C. No. 21104 of 1989 pending on the file of Xth Metropolitan Magistrate, Egmore, Madras. On a private complaint instituted by the respondent, he is being prosecuted for alleged commission of an offence punishable under section 138 of the Negotiable Instruments Act. 2. The allegations made in the complaint disclose that the petitioner had approached the respondent for tenancy of the first floor of the premises concerned, in or about April, 1989, and agreed to pay Rs. 30,000 as advance. The petitioner occupied the premises on April 7, 1989. The petitioner paid Rs. 12,500 in cash, representing a portion of the amount to be paid as advance and further handed over a cheque dated April 7, 1989, for the balance of Rs. 17,500 drawn on Karnataka Bank Limited, Anna Nagar. 3. The complaint further states that, as requested by the petitioner, the cheque was presented through his banker, Indian Overseas Bank, Anna Nagar...
Tag this Judgment!Motor Industries Co. Ltd. Vs. Assistant Collector of Customs
Court: Chennai
Decided on: Mar-30-1992
Reported in: 1993(41)ECC33; 1993LC65(Madras); 1992(62)ELT13(Mad)
ORDER1. The Petitioners in these Writ Petitions M/s. Motor Industries Co., Ltd., are a public limited company and have been carrying on business inter alia of the manufacture and sale of diesel fuel injection equipment and parts thereof at their factory in Bangalore. The petitioners imported two consignments of semi-finished crude steel forgings viz., camplates for distributor pumps and three consignments of crude steel forgings of adjusting pins used in governor assembly. The petitioners paid duty under Heading 84.10(3) at 100% plus 20% plus C.V. duty at Rs. 165/- per metric tonne. The petitioners made a refund claim before the Assistant Collector of Customs, Madras, contending that the goods imported by them attracted classification as 'other articles of iron steel not elsewhere specified' attracting 60% basic duty and 15% additional duty, and countervailing duty at Rs. 165 per M.T. in terms of Notification No. 254/CUS/76 and that the assessment made under Heading 84.10(3) at 100% pl...
Tag this Judgment!E.S.R. Packirisamy Pillai Vs. Vijayalakshmi and anr.
Court: Chennai
Decided on: Mar-27-1992
Reported in: (1993)1MLJ105
Mishra, J.1. One Sundaram Pillai executed a Will Exs.A-1 and B-1, on 14.4.1937, on the day the Hindu Women's Right to Property Act, 1937, came into force, disposing of his properties including the suit property, which is item 8 of A Schedule property in Ex.B-1. The relevant will recitals are as follows:Will executed this 14th day of April, 1937 by Ko. Rama Sundaram Pillai, son of Ko. Ram Badra Pillai of Vadakku Pogainallur, Nagapattinam Taluk, out of free will and in a sound disposing state of mind. I have become very aged. I am suffering from diabetes for some time and day-by-day I am becoming lean and weak and I have no faith that I will live long. I want to make arrangement in respect of all the movables/immovable properties owned by. me and I am making this arrangement out of free will. The entire properties described in the Schedule below including 'E' Schedule and 'P' Schedule properties and the outstandings due to me were all myself- acquired properties and 1 am owning them excl...
Tag this Judgment!Perrarivalan Vs. the Inspector General of Prisons, Madras and Others
Court: Chennai
Decided on: Mar-26-1992
Reported in: 1992CriLJ3125
Somasundaram, J.1. The prayer in this writ petition runs as follows : 'for the reasons stated in the accompanying affidavit it is prayed that this Hon'ble Court may be pleased to issue a writ of Habeas Corpus or order or direction in the nature of the writ directing the respondent not to confine the petitioner in a solitary confinment and to provide with all facilities that are available under the Prisons Act and the Tamil Nadu Prison Manual and to permit the petitioner to be interviewed by the Advocate and the visitors without making them wait and pass such further or other orders and thus render justice.' 2. The case of the petitioner as disclosed in the affidavit filed in support of the writ petition is as follows : The petitioner was arrested by the C.B.I. in connection with the assassination of the former Primer Minister Thiru Rajiv Gandhi with charges under Sections 302, 307, 326, I.P.C. and Sections 3 and 5 of the Explosive Substances Act and S. 120B I.P.C. read with Section 3 o...
Tag this Judgment!P. Radhakrishnan Vs. the District Collector
Court: Chennai
Decided on: Mar-26-1992
Reported in: (1993)1MLJ50
Nainar Sundaram, A.C.J.1. These two writ appeals are directed against the common order of the learned single Judge in two writ petitions preferred by the appellant. The appellant wanted writs of mandamus forbearing the respondents and their subordinates from interfering with the petitioner's right to quarry, remove the rough stones in blocks from the lands in question and to transport them to the place of his choice. The matter is governed by the Tamil Nadu Mineral Concession Rules, 1959, hereinafter referred to as the Rules. The notification, which preceded the holding of the auction, the proceedings relating to confirmation of auction and the ultimate lease deeds entered into and registered; all stipulated that the lessee shall produce only rough stones, jellies, stone pillars and plank stones which could be used for building and road works and the lessee shall not produce block stones dressed and undressed for any other purpose such as polishing and for export etc. The learned singl...
Tag this Judgment!Sundaram Abex Limited Vs. Collector of Central Excise
Court: Chennai
Decided on: Mar-25-1992
Reported in: 1992(60)ELT521(Mad)
ORDER1. The petitioner is a public limited company registered under the Indian Companies Act, 1956 and is having its registered office at Mount Road. The petitioner has its factory at Avadi, Madras and has been carrying on business in the manufacture of brake linings and clutch facings for automotive and non-automotive parts having technical collaboration with Abex Corporation of U.S.A. The petitioner submitted a price list under Rule 173C of the Central Excise Rules for the purpose of levying excise duty in the prescribed form for approval declaring their ex-factory wholesale prices viz., list price less 33% as the assessable value under proviso (i) of sub-section 1(a) of Section 4 of the Act as amended. The Excise Authorities by letter dated 3-10-1979 informed the petitioner that the duty payable by the petitioner company will be on the price at which the distributors of the company sell the produces and therefore the price list shall be filed in part IV and not in part I and returne...
Tag this Judgment!Rajendra Babu and Bros. Vs. Collector of Central Excise and anr.
Court: Chennai
Decided on: Mar-25-1992
Reported in: 1993(42)ECC318
ORDERGovindasamy, J.1. When the writ miscellaneous petition came up for hearing, by consent, the writ petition itself is taken up for final disposal.2. Aggrieved by the order of Customs, Excise and Gold (Control) Appellate Tribunal, dated 10.12.1991 in E/stay/147/91 in A.No. E/184/91 whereby the petitioner was directed to make a pre-deposit of Rs. 75,000/- on or before 28.02.1992 and to report compliance, the petitioner has filed the above writ petition for issue of a writ of certiorarified mandamus to quash the said order and to direct the 2nd respondent to waive the whole of the duty demanded by the 1st respondent against the petitioner.3. The only grievance of the petitioner is that the petitioner is not in a position to pay by reason of the strained financial circumstances and if the petitioner has not complied with the impugned order, the petitioner's appeal would not be heard, 'with the result, the petitioner would suffer heavily.4. Though, the petitioner has explained the circum...
Tag this Judgment!K.G.K. Prabha Vs. the State of Tamil Nadu, Represented by the Secretar ...
Court: Chennai
Decided on: Mar-25-1992
Reported in: (1992)2MLJ555
ORDERK.S. Bakthavatsalam, J.1. The prayer in the writ petition is as follows:.to issue appropriate writs, orders or directions and in particular issue a writ in the nature of declaration declaring that the selection of secondary grade assistants to fill up the vacancies in Kanyakumari district for the year 1989 made by respondents 2 to 4 as illegal and ultra vires of the Constitution, award exemplary costs.... 2. The petitioner having passed S.S.L.C. during the year 1982 underwent secondary grade training at St. Lawrence Higher Secondary School, Madathattavilai, Kanyakumari District after having passed Higher Secondary Course in the year 1984. She came out successful during the year 1987and got herself registered in the employment exchange. It seems that she was called for interview twice in the year 1988 for appointment as secondary grade assistant, but she was not selected. The State of Tamil Nadu, the first respondent herein, has prescribed guidelines for the purpose of recruitment ...
Tag this Judgment!Neyveli Lignite Corporation, Neyveli Vs. M/S. Vinay Engineering, Sole ...
Court: Chennai
Decided on: Mar-24-1992
Reported in: AIR1992Mad332
ORDER1. Original Petition No. 547 of 1991 was filed by the first respondent herein M/s. Vinay Engineering under Section 14(2) of the Arbitration Act, hereinafter referred to as the Act to direct the second respondent (the umpire) to file the award dated 2nd April, 1991 in the Contract No. 004/2700K/HIIT/ 81-389, dated 21-5-1981 together with the deposition and documents etc.2. Pursuant to the dispute that arose between Neyveli Lignite Corporation Limited hereinafter called as NLC and the first respondent Vinay Engineering as regards the Contract, the first respondent sought reference of arbitration in terms of the arbitration agreement contained in clauses 23.1 and 23.2 of the contract. The arbitration was proceeded before Mr. M. G. Balasubramanian and Mr. P. K. J. Menon as the arbitrators respectively appointed by NLC and Vinay Engineering respectively. Prior to that Mr. M. B. Balasubramanian and Mr. K. A. Ramasubramaniam were functioning as the arbitrators, but before they could deli...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- Next ›
- Last »