Chennai Court January 1993 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
S. Kannusamy Vs. Union of India
Court: Chennai
Decided on: Jan-08-1993
Reported in: 1995(77)ELT518(Mad)
ORDER1. The petitioner has challenged in this writ petition the order of the first respondent dated 23-12-1987. 2. It is common ground that after the introduction of Section 131B in the Customs Act, the first respondent could not have disposed of the case on 23-12-1987, as the value of the goods concerned in this case exceeds more than Rs. 10,000/-. As per the provision of Section 131B of the Customs Act, the Tribunal constituted alone should have dealt with the case and passed orders on the appeal preferred by the petitioner herein pending before the first respondent on the relevant date. 3. In view of the above admitted position, the order of the first respondent is set aside. The Customs, Excise, Gold Control Tribunal at Madras will take on its file the papers relating to Order No. 261-A/262-A, dated 23-12-1987, on the file of the first respondent and dispose of the same in accordance with law. It is stated that pending disposal of the writ petition, the petitioners had the benefit ...
Arappa Gounder Vs. Chithan and ors.
Court: Chennai
Decided on: Jan-08-1993
Reported in: (1994)1MLJ34
Thangamani, J.1. One Arappa Gounder, the appellant in both the second appeals and the petitioner in W.P. No. 4896 of 1983 is the plaintiff in O.S. No. 484 of 1971 and O.S. No. 108 of 1975 on the file of learned Subordinate Judge of Erode. While the subject matter of dispute in the earlier suit is the southern A.C. 3.02 1/2 in S.F. No. 268 and the southern A.C. 6 12 1/2 in S.F. No. 269, the disputed property in the next action is an extent of A.C. 3.04 1/2 in the northern most part of S.F. Nos. 268 and 269 of Sankarapalayam village, Bhavani Taluk. The entire extent which is stated to be of A.C. 12.19 1/2 originally belonged to four brothers viz. Maran, Raman, Lakshmanan and Chinna Maran who are the sons of one Kuppan. There was no partition of this property among the brothers but each one was enjoying a specific portion for the sake of convenience. Kuppan died in the year 1963. On the basis of a promissory note executed by him, one Thandavan filed O.S. No. 114 of 1966 on the file of lea...
Palani Vs. State
Court: Chennai
Decided on: Jan-07-1993
Reported in: 1993(2)ALT(Cri)586; 1993CriLJ1679
K.M. Natarajan, J.1. The accused in S.C. No. 15 of 1986 on the file of the learned Sessions Judge, Chinglepet, has preferred this appeal challenging the legality and correctness of the conviction under S. 302, I.P.C. and sentence of imprisonment for life, conviction under S. 376, I.P.C. and sentence of rigorous imprisonment for ten years and also the conviction under S. 201, I.P.C. and sentence of rigorous imprisonment for three years. The sentences were directed to run concurrently. The appellant was tried for all the above charges on the allegation that on 8-11-1984 at about 8.00 a.m. in the bush lying in the reserve forest at Mannur, the accused Palani committed rape on Sangunthala and during the course of the same transaction he caused the death of Sangunthala by tightening her neck with her saree and threw the body in the bush in order to screen the offence of murder. To substantiate the above charges, the prosecution has examined P.Ws. 1 to 13 filed Exs. P1 to P43 and marked M.Os...
Veerappan Vs. the State
Court: Chennai
Decided on: Jan-07-1993
Reported in: 1994CriLJ2584
K.M. Natarajan, J. 1. This appeal has been filed by the accused in Sessions Case No. 47 of 1986 on the file of the learned Second Additional Sessions Judge, Salem, challenging the legality and correctness of his conviction under section 302 of the Indian Penal Code and the sentence of Imprisonment for Life. 2. The accused/appellant was tried for the offence of murder on the allegation that on 9-6-1985 at about 7-30 a.m., at the National Sago and Starch Factory. Old Suramangalam, Salem, the accused cut the deceased Thimmanna Bhat with a koduwal on his head and other parts of the body, as a result of which he succumbed to the injuries on the same day. To substantiate the above charge, the prosecution has examined PWs 1 to 17, filed Exs. P-1 to P-24 and marked M.Os. 1 to 9. 3. The case of the prosecution as revealed from the oral and documentary evidence, can be briefly stated as follows :- PW 1 is the son of the deceased. PW 4 is the wife of the deceased. The deceased was employed as Man...
V.A. Padmanabhan and ors. Vs. M.A. Narasimhan and ors.
Court: Chennai
Decided on: Jan-07-1993
Reported in: (1993)1MLJ576
Mishra, J.1. The impugned order, according to us, has no infirmity and the appeal deserves to be dismissed in limine. However, since learned Counsel for the appellants has persuaded us to consider the appellants' case for injunction, in particular, on the plea of possession as an independent relief of injunction, we have heard him at length and we record our opinion in some detail.2. According to the plaintiff-appellants, the respondents executed an agreement on 12.3.1981 to sell the suit properly for a total consideration of Rs. 6,00,0.00 and received an advance of Rs. 1,50,000 from the plaintiffs/appellants by way of part performance of the agreement by the plaintiffs and put them in possession of a portion of the Schedule mentioned property, which was vacant, and further authorised the plaintiffs/appellants to recover vacant possession of the remaining portions occupied by third parties. It was agreed that the sale would be completed within three months after possession of the entir...
Murugan Vs. State by Inspector of Police, Ottapidaram
Court: Chennai
Decided on: Jan-06-1993
Reported in: 1994(1)ALT(Cri)278; 1993CriLJ1259
K.M. Natarajan, J. 1. The accused in S.C. No. 119 of 1986 on the file of the II Additional Sessions Judge, Tirunelveli, has preferred this appeal challenging the legality and correctness of the conviction under S. 302 read with S. 34 I.P.C. and sentence of life imprisonment and also under S. 324, I.P.C. and sentence of rigorous imprisonment for one year both the sentences to run concurrently. 2. The appellant was tried for the above two charges on the allegation that on 27-4-1985 at or about 9.15 a.m. at Meenakshipuram, he along with three others caused the death of the deceased Natarajan alias Subbiah-A1 stabbing him on the chest as well as the hip with aruval while A2 attacking him with tharangu on the right arm and during the course of the same transaction the appellant, who is A1, cut P.W. 1 Gurusami with aruval on his left hand above the wrist and caused a simple injury. To substantiate the above two charges the prosecution examined P.Ws. 1 to 7, filed Exs. P1 to P17 and marked M....
Prakash Roadlines Pvt. Ltd. Vs. United India Fire and Genl. Ins. Co. L ...
Court: Chennai
Decided on: Jan-06-1993
Reported in: 1994ACJ1069
M. Srinivasan, J.1. The second plaintiff carries on business in manufacturing textile machineries, diesel engines, machine tools, etc. and he purchased aluminium alloy flakes from Associated Textile Engineers Private Limited, Ahmedabad. The goods were despatched from Odhav, Ahmedabad, to the second plaintiff at Coimbatore through the defendant's transport company. They were entrusted to the defendant on 16.5.1978. The lorry met with an accident on 26.5.1978 on the way and the entire goods were lost. After exchange of notices, the second plaintiff along with the insurer (first plaintiff) filed the suit in the court of the Subordinate Judge, Coimbatore, for recovery of a sum of Rs. 78,886.08. The suit was contested by the defendant mainly on the ground that there was no negligence on the part of the defendant and the court at Coimbatore had no jurisdiction to try the suit. Both the contentions were negatived by the trial court and a decree was passed as prayed for. The aggrieved defendan...
The Kancheepuram Kamakshi Amman Silk Handloom Weavers' Co-operative Pr ...
Court: Chennai
Decided on: Jan-06-1993
Reported in: (1993)1MLJ618
Srinivasan, J.1. The plaintiff, which is a co-operative society has filed this appeal. The suit is one for specific performance of an agreement dated 26.10.1976 under Ex.A-1 entered with the plaintiff by one Radhakrishnan. Under the terms of the agreement, the consideration was fixed as Rs. 1,04,000 and an advance of Rs. 5,000 is said to have been paid. The time for completion of the transaction was agreed to be three months. In other words, it was to be completed before 25.1.1977. On 16.11.1976, the said Radhakrishnan gave a letter to the plaintiff stating that he signed the agreement without knowing the contents when the members of the society compelled him to sign the same. According to him, he was not having a steady mind at that time and after he returned to his house, the members of his family expressed the dissent to the transaction. He prayed for cancellation of the agreement.2. On 20.11.1976, the Board of Directors passed two resolutions, one deciding to apply for sanction to ...
Prakash Roadline Pvt. Ltd. Vs. United India Fire and General Insurance ...
Court: Chennai
Decided on: Jan-06-1993
Reported in: 1(1994)ACC249
Srinivasan, J.1. The second plaintiff carries on business in manufacturing textile machineries, diesel engines, machine tools etc. and he purchased aluminium alloy flyers from M/s. Associated Textile Engineers Private Limited, Ahmedabad. The goods were despatched from Odhav, Ahmedabad, to the second plaintiff at Coimbatore through the defendant's transport company. They were entrusted to the defendant on 16.5.1978. The lorry met with an accident on 26.5.1978 on the way and the entire goods were lost. After exchange of notices, the second plaintiff, along with the insurer (first plaintiff) filed the suit in the Court of the Subordinate Judge, Coimbatore for recovery of a sum of Rs. 78,886.08. The suit was contested by the defendant mainly on the ground that there was no negligence on the part of the defendant and the Court at Coimbatore had no jurisdiction to try the suit. Both the contentions were negatived by the Trial Court and a decree was passed as prayed for. The aggrieved defenda...
Mohanaram Chettiar Vs. K.V. Santhanam and anr.
Court: Chennai
Decided on: Jan-06-1993
Reported in: (1994)1MLJ554
ORDERRatnam, J.1. This civil revision petition has been preferred by the auction purchaser in execution of the decree in O.S. No. 54 of 1968, Sub Court, Chidambaram, against the order passed in E.A. No. 280 of 1981 allowing the application filed by the 1st respondent herein under Order 34, Rule 5, Code of Civil Procedure (hereinafter referred to as the Code) praying that the court auction sale in favour of the petitioner in 6.3.1972 should be set aside.2. Briefly stated, the circumstances, under which the 1st respondent preferred E. A. No. 280 of 1981 are as follows:In O.S. No. 54 of 1968, instituted by the 2nd respondent herein against K.S. Venkatarama Iyer and Ramanatha Iyer, as Mangers of the Joint Hindu family, to enforce a security bond dated 20.7.1966 executed by them, a preliminary decree was passed on 7.11.1968, which was also followed by a final decree on 10.11.1969. In execution of the decree so obtained, the 2nd respondent brought the property subjected to security to sale i...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- Next ›
- Last »