Chennai Court March 1992 Judgments
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Jayalakshmi Ammal Vs. K. Lakshmi Iyengar Represented by Power Agent M. ...
Court: Chennai
Decided on: Mar-11-1992
Reported in: (1993)1MLJ95
ORDERSriinvasan, J.1. One Rajagopala Iyengar died on 10.1.1976, leaving his first wife by name Jayalakshmi Ammal, the petitioner herein, and second wife Dr. Kamala. The latter filed a suit O.S. No. 55 of 1976 on the file of Sub Court, Thanjavur, for partition and separate possession of one half of the properties left by the deceased husband. The suit was contested by the petitioner mainly on the ground that Rajagopala Iyengar had executed a will disposing of his properties in a particular manner. The Subordinate Judge, Thanjavur, rejected the contentions of the petitioner and passed a preliminary decree on 29.11.1980 declaring that the plaintiff was entitled to half share in the properties mentioned in the decree. The petitioner filed A.S. No. 391 of 1981 in this Court challenging the decree. The appeal was dismissed on 22.6.1987. Dr. Kamala died on 1.12.1987. The respondent filed an application for passing of final decree along with an application to bring herself on record as the leg...
M. Chettyappan and ors. Vs. State Bank of India, Nungambakkam Branch
Court: Chennai
Decided on: Mar-11-1992
Reported in: (1993)1MLJ74
Mishra, J.1. Defendants 2 to 4 (third defendant has been substituted by his legal representatives) have appealed. It is not in dispute that the plaintiff-Bank entered into a contract of cash credit loan as well as medium term loan on the hypothecation of the schedule of properties with the principal debtor Messrs. Discon Foods (P) Ltd., (first defendant), a company incorporated under the Indian Companies Act and carrying on business in processing and exporting sea foods. The cash credit limit was Rs. 3,00,000 and medium term loan limit was Rs. 75,000. Defendants 2 and 3, who were at the relevant time, Directors of the first defendant-company, stood surety for the cash credit loan to the first defendant-company and defendants 3 and 4 stood surety for the medium term loan. This was, however, in April, 1974, and continued until, it is said, the second defendant resigned from the directorship of the first defendant Company on 19.7.1974 and the third defendant resigned from the directorship...
A. Subaschandra Bose Vs. Deputy Commissioner of Income-tax and Others
Court: Chennai
Decided on: Mar-10-1992
Reported in: [1993]199ITR267(Mad)
ORDERS. Nainar Sundaram, A.C.J. 1. The learned single judge took not of the fact that the petitioner before him, the appellant herein, has got a right of appeal under the provisions of the Income-tax Act, 1961. In this view, the learned single judge dismissed the writ petition preferred by the appellant even at the admission stage. This writ appeal is directed against the order of the learned single judge. 2. Mr. V. Shanmugham, learned counsel for the appellant, would submit that his client is one of the partners of a firm which has been dissolved and receivers are there and they preferred an appeal and withdrew it and hence this will disable his client from resorting to the appellate remedy. The other partners are also parties to the present proceedings. We heard different voices from the said partners. Mr. v. Ramachandran, learned senior counsel appearing for the fourth respondent, one of the partners, would say that his client, in fact, has preferred an appeal; but the preferring of...
The Management of Tamil Nadu Mercantile Bank Ltd. Represented by Its C ...
Court: Chennai
Decided on: Mar-10-1992
Reported in: (1992)2MLJ435
ORDERSrinivasan, J.1. The question to be considered in these revision petitions is whether the City Civil Court, Madras, has got jurisdiction to entertain the suit filed by the respondent herein. The relevant facts are as follows:The respondent joined the service of first petitioner bank as a clerical apprentice in August, 1984 and he was appointed as a clerk in 1985 with effect from 22.1.1985. He was confirmed in service in February, 1986. He was working in Calcutta and transferred to Madras in July, 1989. By order dated 12.11.1990 he was transferred to Pannaipuram branch of the first petitioner. The Tamil Nadu Mercantile Bank Employees' Union raised an industrial dispute questioning the validity of the transfer. While the matter was pending before the Conciliation Authority, the respondent filed the suit O.S. No. 9867 of 1990 on 29.11.1990 in the City Civil Court, Madras for a declaration that the order of transfer dated 12.11.1990 is male fide, illegal and unjust and for consequenti...
Shailesh N. Shah Vs. the Regional Commissioner, Employees Provident Fu ...
Court: Chennai
Decided on: Mar-09-1992
Reported in: (1993)1MLJ328
ORDERRaju, J.1. The above writ petition has been filed for a writ of mandamus directing the respondents to accept the fresh nomination made by the deceased K. Raman, nominating the petitioner as a fresh nominee as early as on 7.2.1976, thereby enabling him to claim the amount due since the father's whereabouts were not known to the deceased for more than ten years, it was presumed that he was dead and therefore the deceased K. Raman was obliged to send fresh nomination on 7.2.1976 to the Regional Provident Fund Commissioner, Madras, nominating the petitioner to receive the provident fund amount due to him. On receipt of such nomination the Regional Provident Fund Commissioner was said to have returned the papers asking the deceased to state his relationship to the petitioner and the deceased appears to have informed the Commissioner that the relationship between him and the petitioner was 'friend'. It is the contention for the petitioner that though as early as on 7.2.1976 another nomi...
Puthutotam Estates (1943) Ltd. Vs. State of Tamil Nadu (Represented by ...
Court: Chennai
Decided on: Mar-08-1992
Reported in: [1994]207ITR878(Mad)
Bhakthavatsalam, J. 1. This revision petition is filed against the orders of the Agricultural Income-tax Appellate Tribunal, Madras, disallowing two items claimed by the petitioner as allowable deductions under the Tamil Nadu Agricultural Income-tax Act, 1955 ('T. N. A. I. T.', in short). The petitioner claims deduction of Rs. 2,400 and Rs. 2,056 under the head 'Labour welfare expenses' in respect of payments made for conducting dramas and another deduction of Rs. 2,83,742.86 in respect of payment of interest on the loans borrowed and spent on immature plants. Though the Tribunal allowed in part the claim regarding interest on loans borrowed and spent on immature plants, it rejected the claim of the petitioner under the head 'Labour welfare expenses' in respect of payments made for conducting dramas. Earlier, the Assessing Officer disallowed the claim under the head 'Labour welfare expenses', but gave relief under the head 'payment of interest on loans borrowed and spent on immature pl...
J. Bakthavatchalam and anr. Vs. P. Krishnamoorthy
Court: Chennai
Decided on: Mar-06-1992
Reported in: (1992)2MLJ407
Mishra, J.1. This appeal has been, posted after notice of motion and since we have heard learned Counsel for parties at length, we find it possible to dispose of the appeal itself at this stage. 2. One Padmini Chandrasekharan who died on 7.6.1980 at Madras had executed a will on 20.9.1975. That will was sought to be probated in O.P. No. 117 of 1981 on the file of this Court under Sections 222 and 276 of the Indian Succession Act. It appears that on 28.4.1981 probate was issued to the plaintiff/respondent. But on a petition by Padmini's husband in Application No. 1998 of 1982 it was revoked. In terms of an order finally passed by the Supreme Court by consent of the parties, the judgment of the Court in O.P.No.117 of 1981, dated 16.9.1982 and O.S. Appeal No. 96 of 1983, dated 12.3.1984 were set aside and it was ordered that on the caveat filed by him, the matter would be treated as a regular testamentary suit in the Original Side of the High Court. This order was passed by the Supreme Co...
Paras Corporation Vs. Union of India
Court: Chennai
Decided on: Mar-05-1992
Reported in: 1993(41)ECC39; 1993LC50(Madras); 1992(61)ELT409(Mad)
ORDER1. Both the petitions are filed to quash the orders of adjudication passed by the Additional Collector of Customs, Bombay. 2. Notice of motion has been ordered in both the writ petitions on 21-1-1992. 3. Mr. C. A. Sundaram, the learned Additional Central Government Standing Counsel appears for the respondents and has filed a counter-affidavit. 4. A preliminary objection has been taken by Mr. C. A. Sundaram, the learned Additional Central Government Standing Counsel that this Court has no jurisdiction to entertain the writ petitions and that both writ petitions have to be dismissed in limine on that ground. He also relies upon a decision of the Karnataka High Court in Trishala Shoes (P) Ltd. v. Union of India - : 1992ECR105(Karnataka) and the decision in State of Rajasthan v. M/s. Swaika Properties - : [1985]3SCR598 , for the proposition. The learned counsel also states that even after the Amendment to the Constitution, 15th Amendment Act, 1963, it cannot be said that this Court ha...
Bakthavatsalam Vs. S. Rajalakshmi and ors.
Court: Chennai
Decided on: Mar-05-1992
Reported in: I(1993)ACC295; 1993ACJ1016
A. Abdul Hadi, J.1. This appeal by the owner of the motor vehicle (lorry) involved in the motor accident that took place on 18.5.1981 is against the award dated 20.12.1984, passed by the Tribunal in M.O.P. No. 502 of 1981, in favour of the 1st respondent-claimant for a sum of Rs. 20,700/- as compensation for the death of her son aged 24 in the said accident, as against her claim for Rs. 2,00,000/- as compensation. The said claimant has also filed a cross-objection for enhancement of the said compensation awarded.2. The Tribunal made only the said owner liable and not the insurance company, the 2nd respondent, on the ground that the victim was only an unauthorised passenger in the abovesaid lorry and that the insurance cover did not extend to any such risk. Aggrieved by the said decision, the owner appellant had preferred this appeal.3. The learned counsel for the appellant only contends that as per the insurance policy, Exh. B-4 (its copy being Exh. B-l), a non-fare paying passenger in...
Dasari Narayana Rao Vs. Income-tax Officer
Court: Chennai
Decided on: Mar-04-1992
Reported in: [1993]199ITR325(Mad)
Arunachalam, J. 1. The petitioner, Dasari Narayana Rao, is the sole accused in CC. No. 154 of 1989, pending on the file of the Additional Chief Metropolitan Magistrate (E. O. I.), Madras. He is being prosecuted on a private complaint filed before the trial magistrate by the respondent who is the Income-tax Officer, Film Ward-I, Madras-6, alleging commission of an offence under section 276CC of the Income-tax Act, 1961, for wilful failure to file the return of income within due time for the assessment year 1985-86. 2. In this petition preferred under section 482, Criminal Procedure Code, 1973, to call for the records and quash the pending prosecution as not maintainable and an abuse of the process of the court, Mr. K. A. Panchapagesan contended, that by charging interest under section 139(8) of the Income-tax Act, the Income-tax Officer shall be deemed to have impliedly extended the time for filing the return, and hence the question of wilful default in filing the return of income canno...
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