Chennai Court September 1992 Judgments
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P.R. Chockalingam Vs. the Director of Tourism, Government of Tamil Nad ...
Court: Chennai
Decided on: Sep-21-1992
Reported in: (1993)1MLJ157
ORDERLakshmanan, J.1. The petitioner abovenamed has filed the writ petition for the following relief: To issue a writ of certiorarified mandamus, calling for the records relating to the proceedings of the Staff Selection Committee/Executive Committee consisting of respondents 1 to 3, Food Craft Institute, Tiruchirapalli, on 30.7.1990 in so far as the selection of the 4th respondent to the post of Assistant Lecturer-cum-Assistant Instructor, Restaurant and Counter Service is concerned and quash the same and direct the Staff Selection Committee and Executive Committee, Food Craft Institute, Thuvakkudi, Tiruchirapalli, to appoint the petitioner to the post of Assistant Lecturer-cum-Assistant Instructor, Restaurant and Counter Service in Food Craft Institute, Thuvakkudi, Tiruchirapalli.2. The petitioner, after the completion of his school studies, joined the Certificate Course of Bakery and Confectionery in the year 1983. The State Board of Technical Education and Training, Department of T...
J. Ramamurthy Vs. Endas by Partner Moorjimal and ors.
Court: Chennai
Decided on: Sep-21-1992
Reported in: (1993)1MLJ145
ORDERVenkataswami, J.1. This revision petition, preferred by the landlord in rent control proceedings, is directed against a common judgment of the Appellate Authority in R.C.A. No. 404, etc. of 1987, dated 17.8.1989.2. The petitioner filed R.CO.P. No. 5140 of 1983 under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as 'the Act') against 12 tenants occupying different portions of the premises belonging to the landlord. When that R.C.O.P. was allowed in favour of the landlord, the tenants preferred different individual R.C.As. to the Appellate Authority. Hence there were number of Appeals before the Appellate Authority. Further, in addition to the petition under Section 14(1)(b) of the Act, the landlord also filed additional eviction petitions against some of the tenants under other provisions. But here we are not concerned with those. We are concerned now only with the case relating to eviction petition filed under Section 14(1...
L.T. Morais Vs. J.A. James and ors.
Court: Chennai
Decided on: Sep-21-1992
Reported in: (1993)1MLJ220
ORDERSomasundaram, J.1. These writ appeals have been filed against the common order allowing Writ Petition Nos. 2684 of 1983 and 2733 of 1986 filed by the first respondent in Writ Appeal Nos. 551 and 552 of 1988 respectively, and setting aside the seniority list dated 15.3.1983 and restoring the seniority list published on 24.9.1981. The appellant herein is the 4th respondent in both the writ petitions referred to above.2. By the order dated 18.8.1959, the appellant was appointed as apprentice in the Tuticorin Port Trust and the period of apprenticeship ended on 19.8.1960. Between 27.1.1961 and 23.2.1963, the appellant was employed in the Madras Electricity Board as construction foreman. Again on 27.3.1963, the appellant was appointed as Tracer in the scale of pay of Rs. 110-4-150-EB-4-170-5-180-EB-5-200 in the Tuticorin Port Trust. Thereafter, by the order dated 8.7.1963, the appellant was appointed as Section Officer (Civil) in the scale of pay of Rs. 180-10-290-EB-380 with effect fr...
L. Lakshmikantham Vs. the Tindivanam Co-operative Urban Bank Ltd.
Court: Chennai
Decided on: Sep-21-1992
Reported in: (1993)1MLJ380
Somasundaram, J.1. This writ appeal has been filed against the order in W.P. No. 960 of 1982 dismissing the writ petition praying for the issue of a writ of certiorarified mandamus to quash the order of the first respondent dated 12.3.1977 as confirmed by the order of the 2nd respondent in T.S.E. Case No. 37 of 1979 dated 14.7.1981 and to direct the first respondent to reinstate the appellant as a clerk with effect from 26.2.1976 with all monetary and service benefits.2. The appellant was a clerk in the first respondent Co-operative Urban Bank. On 28.2.1976 a memo of charge listing out 8 charges was served on the appellant and she was called upon to offer her explanations within 7 days. On 6.5.1976, the appellant submitted her reply. The Special Officer of the first respondent bank appointed an advocate as enquiry officer to conduct the domestic enquiry against the appellant. The enquiry officer issued notice to the appellant to appear for the enquiry on three' occasions viz., 2.8.1976...
United India Assurance Company Ltd. Vs. Bankarappa Naicker and ors.
Court: Chennai
Decided on: Sep-21-1992
Reported in: (1993)1MLJ399
Thangamani, J.1. On 22.2.1984 at about 11.00 a.m. Subburaj the eldest son of the claimants was proceeding on his bicycle along Sathur-Kovilpatti main road. When he was nearing Ezhayiram Farm diverse road the lorry bearing Registration No. M.E.P.2338 came from the opposite direction and knocked down the boy. As a result of the injury sustained in the accident Subburaj died instantaneously. The parents of the deceased Subburaj filed M.CO.P. No. 86 of 1984 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge) at Srivilliputhur claiming a compensation of Rs. 85,000 from the owner of the vehicle and the Insurance Company alleging that the accident was due to the rash and negligent driving of the lorry. The Insurance Company contested the claim on the ground that the accident took place only because the boy suddenly took a right turn and that in any event they were liable to pay Rs. 15,000 the no-fault liability alone. After enquiry the tribunal awarded Rs. 50,000 with inter...
N. Raghunathan Vs. Union of India (Uoi) and ors.
Court: Chennai
Decided on: Sep-18-1992
Reported in: (1995)IILLJ1025Mad
ORDERSomasundaram, J.1. The prayer in the Writ Petition is to issue a writ of certiorari to quash the order of the 3rd respondent dated April 8, 1983 terminating the services of the petitioner as probationary Development Officer.2. The 3rd respondent appointed the petitioner as an apprentice Development Officer under Life Insurance Corporation of India by the order dated January 21, 1982. The petitioner was first taken as apprentice for a period of one year commencing from February 1, 1982 and he was given training at Development Officer's Training Centre at Thanjavur. The petitioner underwent the said training for two months from February 1, 1982 to March 31, 1982. On completion of the theoretical training course at Thanjavur, the petitioner was posted to Dharmapuri Branch of the L.I.C. to undergo administration training. This training lasted one month. After the administration training was over, the petitioner was posted for field training under Dharmapuri branch with headquarters at...
V. Shanmugha Mudaliar Vs. Ix Assistant Judge, City Civil Court and anr ...
Court: Chennai
Decided on: Sep-18-1992
Reported in: (1993)2MLJ160
ORDERSrinivasan, J.1. The matter has a long history and I had occasion to consider the same at an earlier stage also. The brief facts leading to the present revision petitions are as follows:Petitioner obtained a decree in O.S. No. 923 of 1962 on the file of the City Civil Court, Madras, on 3.3.1964 for declaration of his title to the suit property and for recovery of possession from the defendants. An appeal was filed by the contesting 5th defendant in the suit, in A.S. No. 311 of 1964 on the file of this Court and it was dismissed on 29.3.1971. A petition for execution was filed and delivery was ordered in E.P. No. 831 of 1981. The present second respondent caused an obstruction on the ground that he had purchased the property from the judgment-debtor and a petition was filed by the petitioner for removal of obstruction in E.A. No. 1796 of 1982 and that was ordered on 11.4.1982. The second respondent filed a petition under Section 47, C.P.C. in E.A. No. 1487 of 1983 contending that t...
Kamakshi Vs. Jugraj Jain
Court: Chennai
Decided on: Sep-16-1992
Reported in: AIR1993Mad21
1. This appeal arises as against the order made in I.A. No. 14298 of 1989 on the file of the learned Third Assistant City Civil Judge, Madras. I.A. No. 14298/89 Was filed under Order 9, Rule 13, C.P.C. by the petitioner/defendant for selling aside the ex parte decree made in the suit. The suit is for delivery of vacant possession of suit property, namely, house and premises bearing Door No. 24, Munuswamy Achari Street, Perambur, Madras 11 to the plaintiff/respondent herein and for directing the defendant/petitioner herein to pay a sum of Rs. 12,600/-towards past mesne profits with interest at 12% P.A, from the date of the plaint till the date of realisation and also future mesne profits at the rate of Rs. 350/- per month from the date of the plaint till the date of delivery of vacant possession.2. The respondent herein is a purcahser of the suit property in an auction held under the powers conferred upon the originalmortgagee under Section 69-A of the Transfer of Property Act. The resp...
R. Kulandavelu Vs. State
Court: Chennai
Decided on: Sep-16-1992
Reported in: 1993CriLJ2574
K.M. Natarajan, J.1. This appeal has been preferred by the first accused in S.C. No. 116 of 1985 on the file of the First Additional Sessions Judge, Salem, challenging the legality and correctness of his conviction under Section 302 Indian Penal Code and the sentence to imprisonment for life. 2. The appellant for the offences under sections 120B and 302 I.P.C. and the second accused for the offences under section 120B and 302 read with Section 109 I.P.C. were tried on the allegation that in pursuance of criminal conspiracy and at the instigation of the second accused, on 7-12-1984 at about 5.45 p.m. at Konnaiyar village the appellant drove the lorry bearing registration No. TNF 2124 and ran over Thalaippakaran alias Ramasami Goundar as a result of which he died. 3. In support of the said charges, the prosecution examined P.Ws. 1 to 21, filed Ex. P. 1 to P. 23 and marked M.Os. 1 to 10. 4. The cause of the prosecution as disclosed from the oral and documentary evidence can be succinctly ...
Air France Vs. Dy. Commr. of Labour and ors.
Court: Chennai
Decided on: Sep-16-1992
Reported in: (1993)IILLJ614Mad; (1993)IMLJ662
ORDERA.R. Lakshman, J.1. The petitioner above named has filed the present writ petition for the following relief. To issue a writ of certioriari or any other writ, order of direction, calling for the records of the 1st respondent culminating in the order date November 20, 1987 in T.S.E.A. No. 27 of 1987 and quash the same.2. In brief, the relevant facts of the case are as follows: Air France has an office at Madras and the 2nd respondent was the District Manager, along with five other employees. The petitioner management decided to close its Madras office for economic reasons. In compliance with the requirements of Section 25FFA, under which a statutory notice of sixty days to various authorities of the State and the affected parties has to be given. By letter dated January 8, 1987, the notice intimating the management's intention to close its Madras office with effect from March 31, 1987 was sent to all the authorities prescribed under the Act as well as to the affected parties. The s...
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