Chennai Court July 1993 Judgments
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Valli Ammal and anr. Vs. P.K. Logaiya Reddiar
Court: Chennai
Decided on: Jul-15-1993
Reported in: (1994)1MLJ12
ORDERPratap Singh, J.1. This revision petition is directed against the Appeal Suit No. 58 of 1985 on the file of the Subordinate Judge, Thiruvannamalai in reversing the judgment in O.S. No. 1472 of 1980 on the file of the District Munsif, Thiruvannamalai. The short facts are: The respondent/plaintiff had filed the suit against the revision-petitioner for recovery of Rs. 2,288/- on the allegation that the plaintiff is a tenant of the building bearing door No. 96-A, Big Bazaar Street, Thiruvannamalai on an annual rent of Rs. 900/- under the defendant/landlord that the plaintiff had paid the municipal taxes out of coercion to the tune of Rs. 2,288/- and that the landlords are liable to pay the same to the plaintiff/tenant.2. The defendants have resisted the claim on several grounds inter alia contending that the claim is barred under Section 6 of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 as amended, that the claim of Rs. 2,288 being only the excess amount by way of increas...
S.K.M. Mohammed Amanullah Represented by His Power Agent A. Ali Akbar ...
Court: Chennai
Decided on: Jul-15-1993
Reported in: (1993)2MLJ464
Srinivasan, J.1. The plaintiff, who lost in the trial court in a suit for specific performance, has preferred this appeal. The case of the plaintiff is as follows: On 28.11.1977 he entered into an agreement with Sri Saravanaperumal Nadar, father of the first defendant and husband of the second defendant, for purchasing the suit properties of an extent of 35 acres 12 cents at the rate of Rs. 5,000 per acre. The total consideration works out to Rs. 1,75,600 out of which a sum of Rs. 10,006 was paid as advance on the date of agreement. The agreement provided that the sale deed should be executed before 30.6.1978. Though the title deeds were given to the plaintiff on the date of agreement, they were taken back with the promise that they will be handed over to the plaintiff a week before the date of sale deed. The plaintiff was always ready and willing to pay the balance amount. But, Saravanaperumal Nadar was delaying the transaction by giving one excuse or other. His son was telling the pl...
D. Krishnamurthi Vs. K. Parasuraman
Court: Chennai
Decided on: Jul-15-1993
Reported in: (1993)2MLJ674
Srinivasan, J.1. The defendant is the appellant. This appeal is directed against the decree in O.S. No. 2259 of 1983 on the file of the VII Assistant Judge, City Civil Court, Madras. That suit was tried along with another suit filed by the appellant herein in O.S. No. 6970 of 1982. It was an earlier suit. The present respondent was the defendant in that suit. The two suits were tried together and disposed by a common judgment. There is no appeal against the judgment and decree in O.S. No. 6970 of 1982.2. The respondent claims title to the property under a sale deed dated 13.7.1979 marked as Ex. A-1. According to the appellant, that sale deed was sham and nominal and the title was with himself. On that footing he filed O.S. No. 6970 of 1982 for permanent injunction restraining the defendant from interfering with his possession. As he rested his claim on his title, an issue was framed on the question of title. The first issue was whether the sale deed in favour of the defendant was ficti...
Chemech Engineers Pvt. Ltd. Vs. the Director of Industries and Commerc ...
Court: Chennai
Decided on: Jul-14-1993
Reported in: AIR1994Mad14
ORDER1. M/s. Chemech Engineers Pvt. Ltd., Egmore. Madras-600 008 (petitioner -- for short 'company') is a private limited company said to be carrying on business of construction of various types of chemical plants. The company applied to the Director of Industries and Commerce, Madras-600 005 (first respondent) for allotment of a developed plot in the Industries Estate, Ambattur, Madras-600058. The Plot Bearing No. 108 measuring an extent of 1 acre 70 cents (renumbered and sub-divided as Plots Nos. 108A, 108B and 108C, each measuring 57 cents, after addition of one cent making a total of 1 acre 71 cents) at Ambattur Industries Estate was allotted to the company by that first respondent on 8-8-1967. 2. Cost of plot at Rs. 30,000/- per acre works out at Rs. 51,000/-. As per the terms and conditions of allotment, 50% of the cost, namely, Rs. 25,500/- should be paid within 15 days from the date of receipt of the order of allotment and the balance in two instalments (viz., 25% of the cost i...
Malar and Another Vs. Secretary to Government, Govt. of Tamil Nadu and ...
Court: Chennai
Decided on: Jul-14-1993
Reported in: 1994CriLJ1407
Arunachalam, J. 1. Both these habeas corpus petition are disposed of together by a common order, since the petitioners in both these petitions are stated to be involved in the same ground case and the contentions raised are also identical. 2. Detenu in H.C.P. No. 399 of 1992 is the husband of the detenu in H.C.P. No. 392 of 1992. Both of them have pleaded for issue of a habeas for their production before this Court to be set at liberty, after quashing the impugned orders of detention dated 12-8-92, passed against them by the first respondent in exercise of the powers conferred under S. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotripic Substances Act, 1988 (Central Act 46 of 1988), with a view to preventing them from engaging in possession and selling of Narcotic Drugs. 3. The grounds of detention in HCP 392/92 disclose that on 22-1-1992, Kaliamurthy, Inspector of Police, Law & Order, Tiruvottiyur Police Station, while conducting investigation in Cr. Nos. 103 ...
Xavier Alias Thambi Vs. Inspector of Police, Railway Police, Jollarpet ...
Court: Chennai
Decided on: Jul-14-1993
Reported in: 1993CriLJ3506
ORDER1. This revision is directed by the accused against the judgment of the Sessions Judge, Dharmapuri in Criminal Appeal No. 5 of 1993 in which he was confirmed the judgment of the Assistant Sessions Judge, Dharmapuri in S.C. No. 67 of 1992 in which the accused has been convicted under Ss. 328 and 379, IPC and sentenced to five years imprisonment under S. 328 and two years imprisonment under S. 379, the sentences to run concurrently. 2. The case of the prosecution is that on 5-6-1992 P.W. 1 G. V. S. Krishnan, his wife Meera and his sister-in-law Roopa were travelling in Train No. 274 in S. 2 coach from Nagore to Bangalore. In the same coach in which they were travelling the accused and two others also were travelling. With the intention of stealing their valuables the accused became friendly with them and he (accused) gave their fruitnik drinks mixed with some poisonous substance that made them unconscious and while they were unconsciously sleeping, on 6-6-1992 at 5-00 a.m. when the ...
Dr. Shyamala Xavier Vs. the Registrar, Tamil Nadu Dr. M.G.R. Medical U ...
Court: Chennai
Decided on: Jul-14-1993
Reported in: (1993)2MLJ550
ORDERBakthavatsalam, J.1. The petitioner is a Gold Medallist in the B.D.S. Course. The petitioner had completed the 1st Year M.D.S. Course with the third rank. For the second year M.D.S. Course, the Part II examination consists of two parts, one is theory consisting of 3 papers, and the other is practical. All the theory papers and practical examinations are to be evaluated by all the four examiners individually. During the previous years, there was one internal examiner and three external examiners, but for the years 1991-92 it appears, that the said procedure had been changed as two internal examiners as against one and instead of 3 external examiners there were only two. According to the petitioner, the Syndicate did not pass any resolution to effect the abovesaid change. In this petition, the petitioner who alleges mala fides against the 4th respondent, further states that this year the 4th respondent, who, according to the petitioner, is inimically disposed towards the petitioner,...
Muthulakshmi Ammal Vs. M.D. Venkatesan and anr.
Court: Chennai
Decided on: Jul-14-1993
Reported in: (1993)2MLJ376
ORDERPratap Singh, J.1. This civil revision petition is directed against the order in R.E.A. No. 430 of 1985 in R.E.P. No. 161 of 1983 in O.S. No. 66 of 1980 on the file of Sub Court Tirupathur.2. Short facts are: The revision petitioner had obtained money decree against the respondents in O.S. No. 60 of 1980 on the file of .Sub-Court, Tirupajtlpr. She hart laid execution in R.E.P. No. 161 of 1983 before the District Munsif Court, Gudiyatham. While so, the respondents had filed R.E.A. No. 430 of 1985 under Section 47, Civil Procedure Code and Act 13 of 1980 and 50 of 1982, praying to declare that the entire decree debt in R.E.P. No. 161 of, 1983 in Tirupathur Sub Court, O.S. No. 66 1980 as fully discharged. The petitioner had opposed that claim and had filed a detailed counter. While so, on 21.1.1986 the first petitioner had appeared, in person and second petitioner was not present. The respondent was not present. Both counsels, were absent. The learned district Munsif had set the resp...
Muniappan Vs. State
Court: Chennai
Decided on: Jul-13-1993
Reported in: 1994CriLJ1309
1. This appeal is directed by the Ist accused his conviction and sentence awarded to him by the learned Sessions Judge, Dharmapuri Division at Krishnagiri under S. 304, Part II, IPC and 324, IPC and sentenced to undergo R.I. for 5 years and 1 year respectively and both the sentences were ordered to run concurrently. 2. The appellant who is A. 1 was tried along with 3 others for the offences under sections 147, 148, 302 read with 149 and 324 and 323, IPC on the allegation that the appellant along with two others and the juvenile accused Nagarajan and Annamalai were members of an unlawful assembly and in prosecution of the common object of causing hurt to deceased Perami alias Chinna Pillai and her son Dhanapal A. 1 armed with a deadly weapon crowbar, beat the deceased Perami alias Chinna Pillai on her head and as a result of the same she died later and in the course of the same transaction A1 also beat P.W. 1 with a crowbar on his head and he sustained simple injury. A2 and A3 caused si...
Chemicals and Plastics India Ltd. Vs. Collector of C. Ex.
Court: Chennai
Decided on: Jul-13-1993
Reported in: 1993(68)ELT728(Mad)
ORDER1. In W. P. 882 of 1990, the relief claimed reads as follows :- 'For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to call for the records of 2nd respondent culminating the order bearing reference No. 86/90, dated 15-1-1990 as amended by letter No. 96/90, dated 19-1-1990 and issue a writ of certiorari or any other appropriate writ or order or direction in the nature of writ and quash the same and pass such further or other orders..................'In W. P. No. 7684 of 1990, the prayer reads as follows:- 'For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to call for the records of Second respondent culminating in his communication bearing reference No....... /90, dated 12-1-1990 and issue a writ of certiorari or any other appropriate writ or order or direction in the nature of writ and quash the same and pass such further or other orders as this Hon'ble Court may deem fit...
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