Chennai Court July 1992 Judgments
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Tranquil Rubber Sales Ltd. Vs. Union of India (Uoi) and anr.
Court: Chennai
Decided on: Jul-13-1992
Reported in: 1994(48)ECC222
ORDERSrinivasan, J.1. The petitioner obtained a special licence under the Import Trade Control Policy. The description of goods is stated to be 3.866 metric tonnes of polyether polyon. It is a licence issued as per decision taken in the 9th RSLO meeting held on 23.12.1991. The approximate value is stated to be as Rs. 1,71,248/-.2. When the petitioner applied to the second respondent for opening a letter of credit, it was returned on 5.5.1992 stating that as per the guidelines of the Reserve Bank of India, the bank was in a position to establish a letter of credit at the official exchange rate as on the date. There is a communication dated 5.5.1992 from the Joint Chief Controller of Imports and Exports to the petitioner in which it is clearly stated that the licence issued by the department was essentially a permission to import and it did not entitle the petitioner to make imports at any particular exchange rate other than what was stipulated by the Reserve Bank of India in its guideli...
V. Sudhakaran and anr. Vs. the Corporation of Madras and anr.
Court: Chennai
Decided on: Jul-10-1992
Reported in: (1993)1MLJ153
ORDERK.S. Bakthavatsalam, J.1. The petitioners are working as Sanitary Inspectors in the Corporation of Madras, the respondents herein. They challenge an order of the respondent-Corporation dated 29.11.1990 by which they were posted exclusively to attend the duty in the burial grounds. In the impugned order it is stated that the petitioners are immediately relieved from the normal divisional duties and they should (1) supervise the work of staff posted in the burial ground, (2) collect the details of the deceased person, (3) supervise the works of vettiyans, (4) collect the cremation or burial charges from the public as fixed by the Corporation and remit the same into Corporation treasury then and there, (5) keep the burial ground in clean and tidy manner and (6) particularly enforce strict discipline among the Vettiyans and to try to avoid complaints and criticism from the public.2. The petitioners alleged in the affidavit filed in support of the writ petition that paragraph 716 of th...
Hindustan Petroleum Corporation Ltd., by Deputy General Manager Vs. th ...
Court: Chennai
Decided on: Jul-08-1992
Reported in: (1993)1MLJ1
Srinivasan, J. 1. The appellant is a corporation which according to their stand engages the services of certain persons as pump-fitters on specific contracts. According to the appellant, such fitters are engaged only on contracts for particular work and such persons who are employed by the appellant are entitled to work for others also. In short, the case of the appellant is that such persons are free-lance fitters.2. The respondents 2 and 3 claimed that they are entitled to the benefits of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981. They filed a petition before the Inspector of Labour under the said Act on 11.2.1984. They claimed that they were working as pump-fitters for five years prior to that date and they were being paid wages at Rs. 530 and Rs. 350 respectively per mensem. Their complaint was that their names were not shown in the register of permanent employees. The Inspector of Labour issued notice to the appellant and a coun...
Ramaswami and ors. Vs. C.S. Venkitasubramania Iyer
Court: Chennai
Decided on: Jul-08-1992
Reported in: (1993)1MLJ585
Bellie, J.1. The only question that arises for consideration in this appeal is whether the amount claimed as mortgage amount due is liable to be scaled down under Section 8 of the Tamil Nadu Agriculturists Relief Act, IV of 1938. This question has been answered by the trial court in the negative.2. The suit properties were sold by the plaintiff to the defendants 1 and 2 and their father Appichi Gounder for a sum of Rs. 40,000. A sum of Rs. 20,000 was paid in cash and for the remaining Rs. 20,000 a mortgage deed mortgaging the same property was executed as per which the amount shall be paid with interest at the rate of 15% per annum within a period of one year. Alleging that the mortgage amount is due the suit has been filed. Appichi Gounder died and his wife has been impleaded as the third defendant on the allegation that she is also liable to pay the mortgage amount from out of the properties left by Appichi Gounder.3. The defendants pleaded that they have paid a sum of Rs. 3,000 towa...
Nesamony Transport Corpn. Ltd. Vs. Murugananda Vellar
Court: Chennai
Decided on: Jul-08-1992
Reported in: 1(1994)ACC149
Ratnam, J.1. In this appeal, at the instance of Nesamony Transport Corporation, against the award of the Motor Accident Claims Tribunal (Sub Court),.Tehnkasi, in M.C.O.P.No. 26 of 1989, the two questions, which arise for consideration, are (1) whether the Tribunal was right in its conclusion that the bus belonging to the appellant and bearing registration No. TMN 2946 was driven rashly and negligently by its driver on 27.7.1988 and caused the accident to the respondent herein, while he was driving his motor cycle TNI 8412, and (2) whether, in respect of the injuries sustained by the respondent in the accident, the Tribunal was justified in awarding him compensation in a sum of Rs. 25,000/- together with interest at 12% p.a. from the date of claim petition till the date of payment.2. There is no dispute now that the respondent was involved in an accident on 27.7.1988, as he was proceeding on his motor cycle TNI 8412 from Kooniyur to Karisalkudi. According to the case of the respondent, ...
Danya Electric Company and Others Vs. State of Tamil Nadu and Others
Court: Chennai
Decided on: Jul-07-1992
Reported in: AIR1994Mad180
ORDER1. The four petitioners have filed the above writ petition for the following relief. To issue a writ of declaration to declare clause 4(e) of G.O.Ms. No. 330, Finance (BPE) Department, dated 3-5-1991, and the consequential resolution of the Tamil Nadu Electricity Board dated 20-1-1992, in so far as it relates to the supply of transformers/ conductors to the Tamil Nadu Electricity Board is concerned, as ultra vires the Etectricity (Supply) Act, unconstitutional and vio-lative of Articles 14 and 19(1)(c) of the Constitution of India.2. All the petitioners are Small Scale Units manufacturing power distribution transformers, electrical equipments, etc., in Tamil Nadu. They all joined together to file this writ petition in this Court as they are aggrieved with the issue of G.O.Ms. No. 330, Finance (BPE) Department, dated 3-51991 by the State of Tamil Nadu. The petitioners are engaged in the manufacturing business for many years. They supply electrical equipments to various organisation...
Mohamed Ibrahim Vs. Ramzan Begam
Court: Chennai
Decided on: Jul-06-1992
Reported in: I(1993)DMC60
Janarthanam, J.1. Ramzan Begam, the respondent, herein, filed an application under Section 3(2) of the Muslim Women (Protection of Rights and Divorce) Act, 1986 (Act XXV of 1986) in M.C. 13 of 1990 on the file of the Judicial Magistrate No. VI, Tirunelveli against her husband Mohamed Ibrahim, the petitioner herein praying for a fair and reasonable provision towards the maintenance during the period of iddat and return of the mahr amount quantified in a sum of Rs. 20,000/- restoration of jewels given to her valued at Rs. 33,000/- repayment of the amount of Rs.20,000/- restoration of the utensils and articles valued at Rs. 10.000/-all given at the time of her marriage and for Rs. 50.000/-towards the future maintenance, as a consequence of pronouncement of talaq.2. The petitioner-husband admitting the factum of marriage and subsequent pronouncement of talaq by him and having the custody of the minor son, would however dispute the claims of his wife as respects the mahr and other propertie...
Bhavnesh Kumar @ Pappu Vs. Union of India (Uoi) and ors.
Court: Chennai
Decided on: Jul-05-1992
Reported in: 1993(41)ECC108
Usha Mehra, J.1. A very interesting legal point has been raised by Mr. S.S. Dass, counsel for the respondent/Union or India on the maintainability of this petition. According to him even though adjudicating authority has exonerated the petitioner, pursuant to which criminal action initiated by the respondent on the same facts and circumstances cannot be sustained, yet the petitioner should first approach the trial court under Section 245(2) Cr. PC instead of invoking the inherent jurisdiction of this Court.2. In order to deal with this contention, in nut-shell, the case of the prosecution is that on 23rd April, 1988 two trucks Nos. HYO-7141 and HYQ-2297 were intercepted by U.P. Police at Ghaziabad-Delhi border. 167 gunny bags containing 6012 kgs. of synthetic yarn were seized from truck No. HYO-7141 and 149 gunny bags containing 5643 khs. of the same material were seized from truck No. HYQ-2297. The seized trucks and the yarn were handed over by the police to the Directorate of Revenue...
R. Anandavalli Vs. Alagammal and ors.
Court: Chennai
Decided on: Jul-03-1992
Reported in: (1993)1MLJ15
Bellie, J.1. The appellant-plaintiff R. Anandavalli is one of the daughters of Raju Konar, the first defendant being his wife, defendants 2 to 6 sons and defendants 7 and 8 daughters.2. The case of the plaintiffs is that her father Raju Konar has himself earned money and acquired the properties and the bank deposits described in the suit schedule from his meat shop. Raju Konar died intestate on 12.3.1971. Each of the plaintiff and defendants 1 to 8 are entitled to equal share in the properties. While so the defendants producing a false release deed alleged to have been executed by the plaintiff withdrew the deposit amount from the bank on 13.12.1974. The plaintiff has claimed 1/9 share in the suit properties.3. Defendants 1 to 6 defended the case by filing written statement. They denied that the suit properties are the self-acquired properties of Raju Konar and the plaintiff is entitled to 1/9 share. They contended that the plaintiff received a sum of Rs. 8,000 in cash and executed a r...
M. Sundaram Servai Vs. Muslim Jamath (Public Wakf), Karaikudi Represen ...
Court: Chennai
Decided on: Jul-03-1992
Reported in: (1993)1MLJ453
Janarthanam, J.1. The appellant herein was the defendant while the respondents were the plaintiffs in the suit.2. The plaintiffs filed the suit in O.S. No. 332 of 1985 on the file of the District Munsif, Devakottai, praying for the relief of possession with mesne profits, past and future and for costs, contending that the suit property is a public wakf, utilised as a burial ground for Muslims from time immemorial; that Kalanivasal in which the suit property was situate was an inam estate, taken over by the Government, that in the settlement proceedings, this property had been recognised as 'mayanam poramboke' resulting in the making of necessary entries therefor in the relevant records; that thereafter, patta had been granted to Muslim Jamath, Karaikudi, that the defendant, having no manner of right whatever encroached over the suit property and put up a shed thereon and had been running a cycle shop, besides a sound service, and that therefore, he is liable to pay mesne profits by way...
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