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Chennai Court June 1993 Judgments

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Jun 25 1993

K.N. Sankaranarayanan and anr. Vs. Shree Consultations and Services Lt ...

Court: Chennai

Decided on: Jun-25-1993

Reported in: (1993)2MLJ298

ORDERAbdul Hadi, J.1. C.M.A. No. 483 of 1993 is by the respondents 2 and 3 in Company Petition No. 59 of 1992 on the file of the Company Law Board, Principal Bench, New Delhi, under Section 10-F of the Companies Act, 1956 (hereinafter referred to as 'the Act'): The said C.P. No. 59 of 1992 is under Sections 397 and 398 of the Act, seeking relief on the basis of oppression and mismanagement by the appellants herein in the administration of the Senka Carbon Private Limited, the 2nd respondent herein (1st respondent in the company petition) (hereinafter referred to as 'the company'). The said company petition was filed on 11.11.1992 by the 1st respondent, viz., M/s. Shree Consultations & Services Private Limited, a corporate member of the abovesaid Company, holding about 700 shares in the company. The civil miscellaneous appeal is only against the order dated 14.5.1993 in so far as it holds that the said company petition is maintainable. The said finding regarding the maintainability of t...


Jun 25 1993

V.S. Balakrishnan Vs. Pudukottai Municipality Represented by Its Commi ...

Court: Chennai

Decided on: Jun-25-1993

Reported in: (1993)2MLJ632

ORDERSrinivasan, J.1. The petition is for issue of mandamus calling for the records pertaining to the Notification issued by the first respondent in Na.Ka.A.4/15423/89, dated 29.1.1990 and to quash the same insofar as the item 1 is concerned. Item 1 of the Notification relates to a right to collect fees in the weekly market for the period from 1.4.1990 to 31.3.1991. According to the petitioner, when the auction was held in the pervious year, he was a successful bidder for a sum of Rs. 7,00,150. He was directed to pay a sum of Rs. 51,300 every month. A document was executed on 5.4.1989 on a stamp paper of Rs. 5. Under that document the right of collecting the fees in the weekly market, Pudukottai during the period from 1.4.1989 to 31.3.1990 was given to the petitioner herein.2. It is contended by the petitioner that the document is really one of lease and the petitioner has become a tenant under the Municipality by virtue of the said document and it is not open to the Municipality to ho...


Jun 24 1993

Babubhai Chandulal Mody Vs. Official Liquidator, Atlas Import and Expo ...

Court: Chennai

Decided on: Jun-24-1993

Reported in: [1996]86CompCas580(Mad)

S.M. Ali Mohamed, J. 1. This appeal is against the order of the learned single judge dated February 5, 1985, in Company Application No. 115 of 1983 in Company Petition No. 91 of 1978 in the matter of Atlas Import and Export Co. Pvt. Ltd. (in liquidation). Application No. 1094 of 1980 was filed by the official liquidator under sections 460(4) and 468 of the Companies Act, 1956, to direct the respondent directors of the company to hand over the books of account and other records mentioned in annexure B to the report and also to hand over other assets, if any, to which the company is entitled and Application No. 115 of 1983 is under section 543(1) of the Companies Act to hold that the director of the company is liable and accountable for the money or the property of the company. 2. The official liquidator filed Application No. 115 of 1983 against Babubhai Chandulal Mody, one of the directors of Atlas Impost and Export Co. Pvt. Ltd. in liquidation, under section 543(1) of the Companies Act...


Jun 24 1993

Futnani Dairy Farm and anr. Vs. P. Rangaswamy Nadar and anr.

Court: Chennai

Decided on: Jun-24-1993

Reported in: (1994)1MLJ119

Srinivasan, J.1. Defendants 2 and 3 are the appellants. They are aggrieved by the decree for specific performance passed by the First Additional Subordinate Judge, Chengalpattu, in favour of the first respondent herein. For the sake of convenience, the parties are referred to by their rank in the suit.2. The case of the plaintiff is as follows: The first defendant, who is the owner of the suit property which is an agricultural land comprised in Survey Numbers 14 and 14/1 in Egathur Village, Chingleput District of an extent of 7.35 acres fully described in the plaint, executed an agreement at Srivaikuntam on 20.9.1982 in favour of the plaintiff agreeing to convey the property to him for a total sum of Rs. 1,65,000 and received an advance of Rs. 15,000. The agreement stipulated that the sale should be completed and a deed should be executed and registered within six months therefrom, and that the plaintiff would be at liberty to take possession of the property in the meanwhile. The plain...


Jun 24 1993

The Superintending Engineer, Tamil Nadu Housing Board Vs. S. Mariappan ...

Court: Chennai

Decided on: Jun-24-1993

Reported in: (1993)2MLJ543

S.M. Ali Mohamed, J.1. The above appeals and respective cross objections are against the common judgment of the learned single Judge in arbitration matter.2. Since the parties were the same and a common question was involved in respect of two awards, all the six original petitions were clubbed together and a common judgment was delivered by the learned single Judge.3. O.S.A. No. 148 of 1988 is filed against O.P. 156 of 1983 by the Superintending Engineer, Tamil Nadu Housing Board. Cross Objection No. 66 of 1991 is preferred by M. Paramasivam, the contractor in O.S.A. No. 148 of 1988. O.P. No. 156 of 1988 was filed by the arbitrator praying to pass a decree in terms of the Award dated 21.3.1983 for a sum of Rs. 11,17,896 relating to construction of subsidised industrial houses at Rajapalayarri.4. O.S.A. No. 149 of 1988 is filed against O.P. No. 154 of 1983 by Superintending Engineer, Tamil Nadu Housing Board. Cross-objection No. 65 of 1991, is preferred by Paramasivam, the contractor, i...


Jun 23 1993

Thiruvalluvar Transport Corpn. Ltd. Vs. Asst. Commissioner of Labour a ...

Court: Chennai

Decided on: Jun-23-1993

Reported in: (1995)ILLJ648Mad

ORDERBakthavatsalam, J. 1. The second respondent, who was working as Conductor under the Petitioner-Corporation,was kept under suspension by an order dt. March 11, 1988 and a charge was also framed against the 2nd respondent, that he had misappropriated Rs. 544-40 as against the actual collection. Thereupon the 2nd respondent filed a petition before the Controlling Authority under the Tamil Nadu Payment of Subsistence Allowance Act 1981 claiming Rs. 7,000 as subsistence allowance for the period from the date of suspension till January 1989. The Controlling Authority found that the enquiry had commenced only after a lapse of four months and there was no evidence to prove that the 2nd respondent was adopting delaying tactics in the conduct of the enquiry. Further the Controlling Authority had no occasion to go through the enquiry proceedings as nothing had been placed before the Controlling Authority. In such circumstances, the Controlling Authority came to the conclusion that the 2nd re...


Jun 23 1993

St. Marys Middle School Represented by Its Correspondent Vs. the Distr ...

Court: Chennai

Decided on: Jun-23-1993

Reported in: (1994)1MLJ143

ORDERBakthavatsalam, J.1. The petitioner challenges an order passed on 29.12.1988 by the District Educational Officer ordering direct payment of salary to the teachers of the petitioner Institution. Admittedly, the petitioner Institution is a minority institution. After the abovementioned order dated 29.12.1988 has been passed, the petitioner made a representation to the Chief Educational Officer on 5.1.1989 and the Chief Educational Officer by order dated 20.1.1989 stayed the order of the District Educational Officer, Lalgudi, dated 29.12.1988 stating that the District Educational Officer cart order direct payment only after getting an order from the Chief Educational Officer. Consequent to this order, the District Educational Officer informed the petitioner correspondent by pfoceedings dated 31.1.1989 stating that the salary for January, 1989 has already been disbursed the amount and the salary for future months also will be paid through the correspondent. However, on 14.2.1989, the ...


Jun 22 1993

R. Gnanasekar Vs. Tamil Nadu Public Service Commission, Madras

Court: Chennai

Decided on: Jun-22-1993

Reported in: AIR1994Mad8; (1994)IMLJ22

ORDERW.P. No. 2210/93 :1.The writ petition is for the issue of a writ of certiorarified mandamus to quash the second sentence of para (iv) of the notification issued by the respondent dt. 15-6-92 and direct the respondent to consider the petitioner along with other candidates for selection to Group I Services in the State of Tamil Nadu on his writing the said subject in Tamil.W.P. No.9810/93:2. The writ petition is for the issue of a writ of mandamus directing the respondent to value the paper of 'National Security' written by the petitioner in Tamil without prejudice to the merits and demerits of the casein W.P. No. 2210/93. 3. The petitioner had applied for selection to Group I Service examination conducted by the respondent in the month of October, 1992 in response to the notification issued by the respondent in Thina Thanthi and other newspapers on 27-6-1992. Though the petitioner had applied for earlier occasion in 1990 and passed in the preliminary examination but had failed in t...


Jun 22 1993

The National Council of Youngmen's Christian Association of India repr ...

Court: Chennai

Decided on: Jun-22-1993

Reported in: (1993)2MLJ405

ORDERK.S. Bakthavatsalam, J.1. The writ petitioner was all along claiming that it was entitled to benefits under Article 30 of the Constitution of India, in the sense that the institution is having minority character. When it was denied, claiming that right in view of the judgment of a Division Bench of this Court in Young Men's Christian Association represented by its General Secretary Nelson M. Issacs v. The State of Tamil Nadu represented by the Secretary to Government, Education Department, Madras, W.P. Nos. 1757 of 1975 etc., dated 24.9.1976, later on, preferred W.P. Nos. 2406 of 1980 etc. Herein the petitioner seems to be the Christian Association represented by its President and General Secretary. The writ petition was allowed by Nainar Sundaram, J. (as he than was). But, on appeal a Division Bench consisting of the Chief Justice and Raju, J. in W.A. Nos. 277 to 279 of 1989 affirmed the order of the learned single Judge and certain directions were given by the Division Bench. Th...


Jun 22 1993

T.R. Sriram Vs. K.M. Duraibabu and ors.

Court: Chennai

Decided on: Jun-22-1993

Reported in: (1993)2MLJ574

Srinivasan, J.1. C.M.A. No. 449 of 1993 arises out of the suit in O.S. No. 317 of 1993 filed in the City Civil Court, Madras, on 7.1.1993 by one S. Balan, who is carrying on the profession of Advocate and who is a shareholder in the Bank of Madura Limited. The prayer in the plaint is to declare that the election held on 28.12.1992 to the Board of Directors for nine vacancies is void and to direct the defendant to hold a special annual meeting at the earliest and conduct election for the vacancies of the Board of Directors. Bank of Madura is the only defendant in the suit. We will refer to the grounds on which the election is attacked at a later stage. The plaintiff filed I.A. No. 523 of 1993 for an injunction restraining the Bank from acting upon the election held on 28.12.1992 in the annual general meeting for the vacancies of the Directors in item Nos. 3 and 5 to 12 in the agenda until further orders. The application was ordered on 2.2.1993 by the I Assistant Judge, City Civil Court,...


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