Chennai Court April 1993 Judgments
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N. Mohandoss Vs. Southern Industrial Polymers (Pvt.) Ltd. and ors.
Court: Chennai
Decided on: Apr-16-1993
Reported in: (1993)IILLJ1002Mad
1. Southern Industrial Polymers (Private), Ltd. (For short company) is located at SIPCOT Industrial complex, Ranipet, North Arcot District. N. Mohandoss (petitioner) had been employed as a laboratory attender in the said company. For certain misconduct on his part, he was stated to have been placed under suspension and explanation had been called for; that the management of the said company (respondent 1) was not satisfied with the explanation offered by the petitioner and, therefore, disciplinary inquiry had been instituted, after framing necessary and requisite charges relatable to the misconduct on his part. 2. The charges are : (1) He slept during duty hours in the night shift; (2) He switched off the oven installed in the factory for maintaining a certain temperature to achieve qualify control of the product manufactured; and (3) Disobeying the order of superiors. 3. After complying with the requisite formalities associated with the domestic inquiry, inclusive of giving him adeq...
Varada Reddiar and ors. Vs. the District Revenue Officer and ors.
Court: Chennai
Decided on: Apr-15-1993
Reported in: (1993)2MLJ662
ORDERJanarthanam, J.1. The landed properties comprised in S. Nos. 255/1, 257/2B, 290/3A, 291/2 and 294/1 measuring 49.30 acres situate in Sirangadu village, Dindigul Taluk originally belonged to one Guruswamy Reddiar. He, it is said, died intestate on 24.3.1975 leaving behind him his legal heirs, namely, (1) Thiru Ayyaswami Reddiar, (2) Thirumathi Rukmani Ammal, (3) Thirumathi Kamalam Ammal, (4) Thiru Varada Reddiar, (5) Thirumathi Muthammal, and (6) Thirumathi Chellammal.2. It appears that on the dispute arising as to the division of the properties among his legal heirs, a partition action had been resorted to be taken before the competent civil forum. One K. Ramasubbu, a resident of Reddiarpatti, being the sister's daughter's son of the deceased Gu-ruswamy Reddiar, claiming to be a cultivating tenant of the aforesaid lands, presented a petition under Section 4(1) of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1960 (for short 'the Act') to register his name as a te...
Rengaperumalraja Vs. Moideen Muthu Beevi and Others
Court: Chennai
Decided on: Apr-13-1993
Reported in: II(1994)ACC661; 1994ACJ84; [1994]79CompCas700(Mad); (1993)IIMLJ166
Srinivasan, J. 1. The appellant is the owner of the vehicle MDR-5955 having purchased the same from its prior owner by name Jayaraman on August 4, 1980. The vehicle was involved in an accident on August 27, 1980. The legal representatives of the deceased victim (respondents Nos. 1 to 5 herein) filed a petition for compensation. The Tribunal awarded a compensation of Rs. 31,450 on December 21, 1981, and made the insurance company who was the second respondent before it liable to pay the money. 2. The insurance company (sixth respondent herein) filed CMA No. 297 of 1982, in this court contending that the vehicle having been transferred on August 4, 1980, in favour of the appellant by the insured, the policy which was taken by the insured on November 28, 1979, for a period of one year had lapsed automatically and there was no subsisting policy on the date of the accident in order to make the insurance company liable to pay the compensation. The contention of the insurance company was acce...
Vivek Goenka Vs. Manoj Sonthalia
Court: Chennai
Decided on: Apr-13-1993
Reported in: [1995]83CompCas897(Mad)
Ar. Lakshmanan J.1. Applications Nos. 841 and 5129 of 1992 were filed by the sixth defendant in the suit for the following reliefs: 2. Application No. 841 of 1992: To pass an order of injunction restraining the plaintiff/respondent herein from exercising any powers or functions in excess of what has been conferred upon him by resolution dated September 5, 1992, by the board of directors of the third defendant company, pending disposal of the above suit. 3. Application No. 5129 of 1992: To vacate the order dated October 1, 1992, passed by this court to the extent that in interim direction has been made to maintain the status quo as on October 1, 1992, so far as the office and powers of the plaintiff as the joint managing director of the third defendant is concerned. The plaintiff in C.S. No. 1246 of 1992 is the only respondent in these two applications. 4. Application No. 5998 of 1992 was filed by the plaintiff for the following relief: This court should be pleased to ensure that the a...
Selvaraj and anr. Vs. Madheswaran and ors.
Court: Chennai
Decided on: Apr-13-1993
Reported in: (1993)2MLJ385
Bellie, J.1. Of the six defendants 1 and 2 are the appellants.2. The plaintiff Madheswaran filed the suit for partition of his 8/21 shares in the suit properties and rendition of accounts, and that has been decreed. He filled the suit alleging as follows: His father was one Varada Odayar. He married two wives Angammal and Sampoornammal. He died in the year 1959. Angammal died on 6.4.1972. Defendants 1 and 2 are respectively the son and daughter of Angammal. The said Sampoornammal is the third defendant. Defendants 4 to 6 are her daughters. The plaintiff and his mother-the third defendant are residing in one house that belonged to Varada Odayar. Varada Odayar left the suit properties which were owned by him, and his properties were in the management of Angammal till her death. The plaintiff as co-owner is entitled to 8/21 shares in the suit properties and the 1st defendant would be entitled to 8/21 shares and the deceased Angammal and 3rd defendant together would be entitled to 1/21 sha...
Kannan Vs. Kanagavalli Ammal
Court: Chennai
Decided on: Apr-13-1993
Reported in: (1993)2MLJ408
Abdul Hadi, J.1. Having failed in both the courts below, the defendant has preferred this second appeal. The suit is for possession of a building which does not come under the Rent Control Act. The only question that was before the courts below as well as before me is whether the notice Ex.A-2, dated 15.4.1989 given by the plaintiff/ landlord confirms to Section 106 of the Transfer of Property Act, Both the courts have held that the said notice conforms to the requirements under Section 106 and concurrently decreed the suit. Since only a very short point is involved, I ordered notice of motion and pursuant to the notice of motion, the respondent has appeared through counsel and I have heard the arguments of both the counsels.2. Ex.A-2 notice dated 15.4.1989 terminates the tenancy of the defendant by the end of May, 1989 and calls upon the defendant to deliver possession of the building on 1.6.1989. But the learned Counsel for the appellant lays very great emphasis on the admission made...
The Tamil Nadu Freedom Fighters Association (Regd.) Vs. the Government ...
Court: Chennai
Decided on: Apr-12-1993
Reported in: (1993)2MLJ254
ORDERRaju, J.1. The above writ petition has been filed by the petitioner association for a writ of mandamus directing the respondent to (a) order the issue of free bus passes to all Freedom Fighters domiciled in Tamil Nadu drawing Central Pension alone or both Central and State pension or State Pension only without any discrimination among them; (b) order the payment of pension from the State funds in a sum of Rs. 250 per mensem to those drawing Central Pension alone from 1.8.1992 onwards and to those drawing State pension of Rs. 100 per mensem in addition to Central pension a further sum of Rs. 150 per mensem from State funds as additional pension from 1st August, 1992 onwards; and (c) order the payment of medical allowance of Rs. 15 per mensem to those who have not been paid from 1st August, 1990 and onwards.2. The President of the petitioner association, in the affidavit filed in support of the writ petition, states that though the orders of the Government in G.O.Ms. No. 1825, Trans...
Anna Nagar Western Plot Owners' Association, Regd. No. 256/84 by Its P ...
Court: Chennai
Decided on: Apr-08-1993
Reported in: (1994)1MLJ58
ORDERJanarthanam, J.1. The petitioner and the respondents in all these writ petitions are one and the same. This apart, the facts covering the issues for decision are almost identical. Consequently, these petitions are taken and grouped together for convenient disposal.2. The petitioner in all these petitions is the association going by the name, 'Anna Nagar Western (or Westend) Plots Owners Association' and the respondents 1 and 2 are respectively the Tamilnadu Housing Board represented by its Chairman, Nandanam, Madras-35 and the Executive Engineer and Administrative Officer, Special Division-I, Anna Nagar Western Extension, Tamilnadu Housing Board, Madras-101.3. The petitioner-Association, it is said, had been formed for the welfare of the plot owners under the Tamilnadu Housing Board Scheme known as 'Arignar Anna Nagar Western Extension Scheme' and its members are the allottees of the plots in the said scheme.4. The Tamilnadu Housing Board, it is said, had been constituted for the ...
Chellakannu Pillai Alias Sethu Pillai Vs. P. Vembu Ammal (Minor) (Died ...
Court: Chennai
Decided on: Apr-08-1993
Reported in: (1993)2MLJ520
Bellie, J.1. The plaintiff Chellakannu Pillai is the appellant. He filed the suit in respect of four schedules of properties. A decree has been passed in respect of the first schedule, but the suit has been dismissed in respect of schedules 2,3 and 4. Now in the appeal we are concerned with only the dismissal of the suit as regards schedules 2,3 and 4.2. Regarding these items of properties the case of the plaintiff is as follows:The four schedule properties originally belonged to one deceased Papanasam Pillai who was the plaintiffs paternal aunt's son. He had no issues for a long time. Therefore, he brought up the plaintiff as one of his family members from his young age of 5 years. The plaintiff was assisting Papanasam Pillai in managing his large properties and his coffee hotel. Papanasam Pillai also celebrated the marriage of the plaintiff in his house at his expense on 1.12.1957 and even thereafter the plaintiff was living with Papanasam Pillai as a member of his family. While so o...
Bharat Goyal and anr. Vs. Union of India (Uoi) and ors.
Court: Chennai
Decided on: Apr-07-1993
Reported in: 1993(43)ECC193
ORDERBakthavatsalam, J.1. The prayer in the above writ petition is as follows:. to issue a writ of mandamus or any other appropriate writ, direction or order directing the second and third respondents herein to pass final orders in respect of goods viz., Rubber Bands covered under bill of entry No. 34897 dated 13.10.1992 forthwith after giving an opportunity to the petitioners and to....2. The petitioners purchased an advance licence on 20.7.1992 and imported 8000 kgs of rubber bands from Taiyo Nokusai Boeki, Osaka, Japan. The bill of entry bearing No. 34897 dated 13.10.1992 was filed. The price declared therein was JY 110 per kg. However, the respondents have refused to adopt this value and insisted on provisional assessment of the goods at the unit price of US $ 2.40 per kg and since the goods were urgently required it seems that the petitioners had to agree to their course of action and clear the goods. The licence was accordingly debited as per the price fixed by the customs. Subse...
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