Chennai Court March 1993 Judgments
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Thirunelveli Co-operative Milk Supply Society Ltd. Vs. Joint Regional ...
Court: Chennai
Decided on: Mar-19-1993
Reported in: (1995)ILLJ662Mad
ORDERThangamani, J.1. The Tirunelveli Co-operative Milk Supply Society Limited. Tirunelveli is an establishment covered by the Employees' State Insurance Act 34 of 1948. Ex. A-1 is the notice dated 24-8-1978. Ex. A-1 is the notice dated 24-8-1978 from the Regional Director of E. S. I. served on the Society informing it that the society comes within the purview of the Act with effect from 14-5-1978 and that a code number had been allotted to it. The Society was called upon to pay the required contributions for the periods from 14-5-1978 to 30-9-1978 and from 1-10-1979 by the regional Director. As per Ex. A-3 dated 20-12-1979 the Society has informed the Regional Director that they have already sent the contributions for the period from 1-11-1978 to 31-3-1979 and requested for the cancellation of the contribution for the period from 14-5-1978 to 31-10-1978. Thereupon, the Regional Director sent Ex. A-6 communication dated 20-9-1994 requesting the Society to pay sum of Rs. 2,626.85 toward...
The Thirunelveli Co-operative Milk Supply Society Limited Vs. the Join ...
Court: Chennai
Decided on: Mar-19-1993
Reported in: (1994)2MLJ75
ORDERThangamani, J.1. The Tirunelveli Co-operative Milk Supply Society Limited, Tirunelveli is an establishment covered by the Employees State Insurance Act 34 of 1948. Ex. A-1 is the notice dated 24.8.1978 from the Regional Director of E.S.I. served on the Society informing it that the society comes within the purview of the Act with effect from 14.5.1978 and that a code number had been allotted to it. The Society was called upon to pay the required contributions for the periods from 14.5.1978 to 30.9.1978 and from 1.10.1978 to 31.3.1979 under Ex. A-2 dated 19.11.1979 by the regional Director. As per Ex. A-3 dated 20.12.1979 the Society has informed the Regional Director that they have already sent the contributions for the period from 1.11.1978 to 31.3.1979 and requested for the cancellation of the contribution for the period from 14.5.1978 to 31.10.1978. Thereupon, the Regional Director sent Ex. A-6 communication dated 20.9.1984 requesting the Society to pay a sum of Rs. 2,626.85 to...
Abdul Salam Rowther Vs. State Bank of India Represented by Its Manager
Court: Chennai
Decided on: Mar-19-1993
Reported in: (1993)2MLJ124
ORDERThangamani, J.1. The appellant is the second defendant in O.S. No. 184 of 1982 on the file of learned Subordinate Judge of Villupuram. On 7.10.1982 the suit was decreed ex parte against him. Thereupon he came forward with I.A. No. 469 of 1987 under Order 9, Rule 13, C.P.C. to set aside the ex parte decree against him on the allegation that he was not served with any summons in the suit. He came to know of the suit fort he first time only on 11.7.1987 when the notice of the execution was received. His claim was contested by the plaintiff on the ground that there was service of summons by affixture and this plea is set out by the appellant only in order to avoid giving proper explanation for his non-appearance. The court below has negatived the contention of the appellant and dismissed his application with cost. And this appeal is directed against the said order.2. Learned Counsel for the appellant submitted that he was not served with summons in the case and he became aware of the ...
Sridharan and ors. Vs. Arumugam and ors.
Court: Chennai
Decided on: Mar-19-1993
Reported in: (1993)2MLJ428
Srinivasan, J.1. This appeal arises out of an usual Hindu Law Suit, if we can use that expression, the meaning thereby a litigation initiated by the minor children of a Hindu father challenging the alienations effected by him on grounds of illegality and immorality. The unsuccessful plaintiffs in the court below are the appellants. The 5th plaintiff, is the with the 1st defendant. Plaintiffs 1,2 and 4 are the sons and the third plaintiffs is the daughter of the 5th plaintiff and the first defendant. At the time when the suit was filed, plaintiffs 1 to 4 were minors. Plaintiffs 1 to 3 have attained majority since then and have been now declared as major. The 4th plaintiff is nearing completion of 18 years.2. The first defendant got items 1 to 19 in a family partition under Ex.A-1, dated 3.8.1974. He was directed by the deed of partition to discharge debts to the tune of Rs. 19,240,90. The first defendant got item 20 as heir to his sister Asupathi Ammal who got it under settlement deed d...
M. Shanmugha Udayar Vs. Sivanandam and Others
Court: Chennai
Decided on: Mar-18-1993
Reported in: AIR1994Mad123; (1993)IIMLJ617
ORDERThangamani, J. 1. The appellant isthe first defendant in the suit. He was aged about 79 when the suit came to be instituted. He is a public man and a leading personality in Villapuram Town. He was M.L.A. for three terms. He was Municipal Councillor continuously for half a century from 1926 to 1976. He was also chairman of Villapuram Municipality on three occasions. He was a Director of the Co-operative Sugar Factory, Mundiyambakkam. Besides, he was the Chairman of Local Building Society. His first wife Alagi died in 1930. Then he married one Thaiyanayagi as his second wife. She also passed away in 1957. Plaintiff and defendants 2 to 7 are his sons and 8th defendant is his daughter through Thamyanayagi. The present first respondent/plaintiff instituted O.S. No. 63 of 1982 on the file of learned Subordinate Judge of Villapuram' claiming partition and separate possession of his 1/8 share in the plaint schedule mentioned items and for his share of the income from the said properties f...
Mahalakshmi Ammal and Others Vs. State of Tamil Nadu and Another
Court: Chennai
Decided on: Mar-18-1993
Reported in: AIR1993Mad366
1. This Writ Appeal is filed against the order of the learned Judge in W.P. No. 264 of 1987.2. The appellants have filed the said writ petition, challenging the validity of the land acquisition proceedings initiated u/S. 4(1) of the Land Acquisition Act (hereinafter referred to as 'the Act'). Notice u/ S. 4(1) of the Act was published on 26-7-1978. The Declaration was published on 3-6-1980. Thereafter, it does not appear that any steps were taken by the Department to proceed with the acquisition. As a matter of fact, it is stated in the affidavit filed in support of the writ petition as follows:--'The petitioners were not given any notice regarding the subsequent proceedings under S3. 9, 10 and 12 of the Act, and an Award appears to have been passed on 22-9-1986 behind the back of the petitioners. The entire proceedings are null and void and they are liable to be quashed.'The acquisition proceedings were challenged on number of grounds.3. The learned Judge, however, dismissed the writ ...
Padmini Vs. the State of Tamil Nadu and Others
Court: Chennai
Decided on: Mar-18-1993
Reported in: 1993CriLJ2964
Mishra, J.1. The appellant herein who has described herself as a domestic servant and her deceased husband as a construction worker, has filed a writ petition, W.P. No. 9195 of 1992 alleging that on 30-5-1992, she and her husband were woken up by the police at about 3.00 a.m. in the night, while they were in a hut near the Dental College at Annamalai Nagar in the District of South Arcot. One of the policemen told her husband to come to the police station. She wanted to know the reason, why policemen took her husband to the Police Station and was told that her husband was wanted for interrogation in connection with a case of theft. In the morning on 30th around 6.00 a.m., she went to her mother-in-law's place, told her about the arrest of her husband and then went with coffee for her husband to the Police Station. An orderly took the coffee for her husband and returned the empty tumbler. He asked her to bring idly for her husband and when she enquired about her husband, she was informed...
The Superintending Engineer, Suruliyar Hydro Electric Project and ors. ...
Court: Chennai
Decided on: Mar-18-1993
Reported in: (1993)2MLJ228
Srinivasan, J.1. Defendants 1 to 4 have preferred this appeal against the judgment and decree in O.S. No. 228 of 1981 on the file of the Subordinate Judge's Court, Periyakulam. The parties will be referred to hereinafter in accordance with their rank in the suit.2. The first plaintiff is a partnership firm carrying on business in engineering jobs and construction works. The second plaintiff is the managing partner thereof. The plaintiffs entered into an agreement with the first defendant on 9.2.1974 for the execution of Suruliyar Hydro Electric Project Highways Dam excavation for foundation from Chainage 55 Metres to end of Dam, i.e., Chainage 165 metres upto the top of Highways Dam in Suruliyar Upper Cam -Specification No. S.M.H.37 Tender dated 17.8.1973. The plaintiffs took over the site on 9.2.1974 and started excavation work. The agreement was engrossed on stamp paper and signed by the parties on 15.11.1974, which is marked as Ex.B-1. The plaintiffs commenced the masonry work on 1....
M. Shanmugha Udayar Vs. Sivanandam and ors.
Court: Chennai
Decided on: Mar-18-1993
Reported in: (1993)2MLJ617
Thangamani, J.1. The appellant is the first defendant in the suit. He was aged about 79 when the suit case to be instituted. He is a public man and a leading personality in Villupuram Town. He was an M.L.A. for there terms. He was Municipal Councillor continuously for half a century from 1926 to 1976. He was also Chairman of Villupuram Municipality on three occasions. He was a Director of the Co-operative Sugar Factory, Mundiyambakkam. Besides, he was the Chairman of Local Building Society. His first wife Alagi died in 1930. Then he married one Thaiyanayagi as his second wife. She also passed away in 1957; Plaintiff and defendants 2 to 7 are his sons and 8th defendant is his daughter through Thaiyanayagi. The present first respondent/plaintiff instituted O.S. No. 63 of 1982 on the file of learned Subordinate Judge of Villupuram claiming partition and separate possession of his 1/8 share in the plaint Schedule mentioned items and for his share of the income from the said properties from...
Kumarasamy and ors. Vs. S.K. John (Died) and ors.
Court: Chennai
Decided on: Mar-17-1993
Reported in: (1993)2MLJ144
Thangamani, J.1. The appellants are defendants before the trial court. The first respondent/plaintiff instituted O.S. No. 104 of 1984 on the file of learned subordinate Judge of Poonamallee for specific performance of Ex.A-1 agreement dated 19.9.1982 alleging that the appellants undertook to convey the suit property measuring 1 acre and 84 cents in his favour for a sum of Rs. 1,85,000 and that they had received Rs. 15,000 as advance on the same date. Possession was also given to him pursuant to the sale agreement. They permitted him to make lay-outs of the property and also to negotiate with third parties for the sale of the land. They also agreed to receive the balance of sale consideration and register the document with in a period of one year. After taking delivery of possession he got the lands measured in January, 1983 in the presence of the first appellant. Since the sale did not fructify, notices were exchanged between the parties as per Ex.A-1 dated 11.1.1983, A-5 dated 19.1.19...
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