Chennai Court April 1993 Judgments
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Dhinamalar Vs. Daily Thanthi
Court: Chennai
Decided on: Apr-07-1993
Reported in: (1993)2MLJ213
ORDERA.R. Lakshmanan, J.1. The applicant in O.A. No. 198 of 1993 is the plaintiff in the above suit. The suit was filed under Sections 105 and 106 of the Trade and Merchandise Marks Act for the following reliefs:(a) For permanent injunction restraining the defendant from committing or continuing to commit any infringement of the plaintiffs name and mark 'Siruvar Malar' or any imitation thereof or the name, colour combination, etc., of the expression 'Siruvar Malar'.(b) Restraining the defendant from passing off their children's magazine as the magazine of the plain tiff by using the colour scheme, get up, or imitating any portion of the colour scheme get up or by using the name 'Siruvar Malar' as found in the plaintiffs Document M.O.2.(c) To render true and faithful accounts of all the profits earned by them through printing, publishing and sale of the offending mark.(d) To surrender to the plaintiff all their impugned children's magazine containing the same name of the offending marks...
Engine Valves Limited Vs. Union of India and Others
Court: Chennai
Decided on: Apr-06-1993
Reported in: 1993(43)ECC159
Raju, J.1. The above batch of writ petitions involve the interpretation of the scope of section 8(2-A) and section 8(2)(b) of the Central Sales Tax Act, 1956, hereinafter referred to as 'the Central Act' and more particularly as to whether the additional sales tax and surcharge levied under the Tamil Nadu Additional Sales Tax Act, 1970 (Act 14 of 1970) and the Tamil Nadu Sales Tax (Surcharge) Act, 1971 (Act 24 of 1971) hereinafter referred to as 'the Additional Sales Tax Act' and 'the Surcharge Act' respectively are attracted and become leviable in respect of turnover not covered by 'C' and 'D' forms and assessable to tax under the Central Act. The majority of the petitioners have come up before this Court challenging the show cause notice issued by the concerned assessing officers to bring to assessment, either afresh or by way of reassessment the turnover relating to inter-State sales not covered by the 'C' or 'D' forms at the rates inclusive of additional sales tax and surcharge in ...
A. Palani Vs. Union of India (Uoi) and ors.
Court: Chennai
Decided on: Apr-02-1993
Reported in: (1994)ILLJ764Mad
ORDERJanarthanam, J. 1. The petitioner, namely A. Palani, it is said, had been appointed as Rakshak in Railway Protection Force. He was stated to be performing the duty from 21.30 hours to 06.00 hours on July 15/16, 1982 at Villivakkam railway yard along with another Rakshak by name Krishnamurthy. He, along with the said Rakshak Krishnamurthy, was stated to have committed theft of two small wooden folding dining tables, two cushion pillows covered with brown colour rexine, two mirrors and seventeen numbers of small rolls of copper tubes from AC Coach No. SR 2685 found stationed there by using a false key for opening the said coach. For the said act of theft, charges, it is said, had been framed against them and a disciplinary enquiry had been instituted by the appointment of an Enquiry Officer. After complying with the requisite formalities and procedure, the Enquiry Officer, on consideration of the materials available on record, found the petitioner guilty of the charges framed agains...
Rev. Sr. Margaret Mary, Correspondent, Sacred Heart High School and an ...
Court: Chennai
Decided on: Apr-01-1993
Reported in: (1993)2MLJ303
ORDERJanarthanam, J.1. The Congregation of Nuns of the Immaculate Heart of Mary, Kanyakumari District, it is said is engaged in religious and social work and has established educational institutions in several places in Tamil Nadu and Pondicherry. Schools run by the said Congregation had been recognised as minority institutions entitled to the protection guaranteed under Article 30(1) of the Constitution of India, viz. the fundamental right to religious minorities to establish and administer educational institutions of their choice. Sacred Heart Primary School, Kadiapattanam, situate within the educational district of Thuckalay, was established by the said Congregation in 1928 and was granted affiliation by the Director of Public Instructions in the same year. The said school is a full fledged primary school for girls having a strength of 639 students as on 31.7.1985. The teacher-pupil ratio laid down in G.O.Ms. No. 250, Education Department, dated 29.2.1964 permits the appointment of ...
Kolandai Vs. Arasan Servai and ors.
Court: Chennai
Decided on: Apr-01-1993
Reported in: (1993)2MLJ395
Abdul Hadi, J.1. This second appeal by the 3rd defendant is against the reversing judgment in A.S. No. 49 of 1981 on the file of the Subordinate Judge, Salem, decreeing the suit O.S. No. 2587 of 1973 on the file of District Munsif, Namakkal for declaration of plaintiff/1st respondent's title to suit property and consequential injunction thereon. The plaintiff claimed title by purchase from the second defendant/3rd respondent under Ex.A-1 dated 5.3.1969. 2. Earlier, the second respondent/first defendant's wife and children brought the suit property to court auction to realise their decree for maintenance against the first defendant and themselves purchased the suit property. Then; they sold it to the second defendant under Ex.A-5 dated 15.5.64. The second defendant in turn, entered into an oral sale agreement with the first defendant for selling the property to the first defendant and subsequently D-l also filed O.S. No. 299 of 1967 against the 2nd defendant for specific performance of ...
S. Govindasamy Naidu and ors. Vs. Poorna Valli and ors.
Court: Chennai
Decided on: Apr-01-1993
Reported in: (1993)2MLJ390
Bellie, J.1. The suit which was filed for declaration, injunction and possession was dismissed by the trial court but the first appellate court has decreed the suit for declaration but dismissed it regarding permanent injunction and possession. This second appeal is filed by the defendants. The plaintiffs have filed the cross objection.2. The suit has been filed by the plaintiffs on behalf of themselves and as representatives of 'Thousand Yadhavas Community', Madurai, on the following allegations:Sri Ramaswamy temple and Sri Navaneethakrishnaswamy temple which are in North Masi Street, Madurai town are under the management of the Devasthanam of 'Thousand Yadhavas'These temples belong to the community of 'Thousand Yadhavas' who are mainly residents of Madurai Town and other places in Madurai District Thousand Yadhavas' community forms a considerable section of the Hindu community. The temples are old ones and members of the public take part in its festivals. These temples are public tem...
Sri Vaseeswararswamy Devasthanam Represented by Executive Officer, Sri ...
Court: Chennai
Decided on: Apr-01-1993
Reported in: (1993)2MLJ668
ORDERBellie, J.1. This civil revision petition is filed by the decree-holder whose execution petition has been dismissed on the ground that it is barred by limitation. 2. The decree that is sought to be executed is a money decree for arrears of rent. The date of decree is 12.4.1972. The Execution Petition has been filed on 2.3.1987. As per the general law of limitation a decree shall be executed within 12 years. Therefore, clearly the execution petition has been filed long after 12 years of the date of decree. In the execution petition it is stated that as the Tamilnadu Debt Relief Acts were in currency from 16.1.1975 to 14.7.1978 the execution petition is in time.3. The executing court observing that arrears of rent is not a debt, held that the Debt Relief Acts are not applicable to the decree in question. It further held that even if the Debt Relief Acts are applicable the execution petition is barred by limitation. On these findings the executing court dismissed the execution petiti...
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