Chennai Court October 1994 Judgments
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Devakumar Vs. Thilagavathy
Court: Chennai
Decided on: Oct-17-1994
Reported in: AIR1995Mad116
ORDERS. S. Subramani, J. 1. Petitioner in M. O. P. No. 127 of 1990 before the Family Court, Pondicherry, is the appellant herein.2. The petition filed by the appellant was one for divorce. 3. The relevant facts are as follows:-- The appellant and the respondent were married on 22-2-1988 at Pondicherry in accordance with the custom prevalent in their community. It is the case of the petitioner that within five days after the marriage, the respondent attempted to commit suicide by swallowing a diamond earring. According to him, the said act on the part of the respondent was due to her hatred towards the appellant. According to him, the respondent did not like the appellant and she has told about, the same to him several times. It is her habit to abuse and insult every member of the family. The conduct of the respondent, according to the appellant, amounts to cruelly. The appellant, due to mental agony and desertion is not in a position to co-habit with the respondent. In paragraph 3 of t...
V. Muthuramalinga thevar Vs. I. Kannan
Court: Chennai
Decided on: Oct-17-1994
Reported in: 1995(1)CTC187
ORDERAbdul Hadi, J.1. This review petition is against the judgment dated 12-11-1993 in C.R.P.No. 2623 of 1990, which was actually a common judgment in the said civil revision petition and another connected S.A. No. 1477 of 1988. In both the civil revision petition and the second Appeal, the defendant in O.S.No. 636 of 1982 on the file of the 8th Assistant City Civil Court, Madras is the petitioner and appellant respectively. Though both were heard together, learned counsel who appeared in both the matters, did not make separate arguments in the civil revision petition. While the second appeal was dismissed on merits, the civil revision petition was dismissed on the ground that no argument was advanced therein. Now, the petitioner in the civil revision petition has filed this review application.2. The Suit was for recovery of Rs. 8,125/- with interest at the 'Court rate' from the date of plaint (24-12-1981). The judgment by the trial court specifically stated that 'the plaintiff is enti...
Pudukottai Municipality Tax Payers' Sangam rep. by the Secretary, R. N ...
Court: Chennai
Decided on: Oct-17-1994
Reported in: 1995(1)CTC1
ORDERK.A. Swamy, C.J.1. At the stage of admission, the respondent Municipality was notified and, accordingly, it is represented through a learned counsel. As the appeal lies in a narrow compass, it is admitted and heard for final disposal.2. This appeal is preferred against the order dated 15-9-1994, passed by the learned single Judge in W.P.No. 16260 of 1994. The petitioner - Pudukottai Municipality Tax Payers' Sangam has sought for quashing the Notification bearing No. NaKa.E2/8240/94 dated 19-7-1994, published in 'Daily Thanthi' newspaper dated 21-7-1994. According to the terms of the said Notification, a resident of Pudukottai, who wants to have water supply pipe connection, shall deposit a sum of Rs. 2000/-, if the connection is for domestic purpose, Rs. 4,000/- if the connection is for factory purpose and Rs. 6,000/- if the connection is for commercial complex. The contention of the petitioner is that as per Section l32-A of the Tamil Nadu District Municipalities Act, 1920 (herei...
Pudukkottai Municipality Tax Payers Sangam, Represented by the Secreta ...
Court: Chennai
Decided on: Oct-17-1994
Reported in: (1995)1MLJ210
K.A. Swami, C.J.1. At the stage of admission, the respondent Municipality was notified and, accordingly, it is represented through a learned Counsel. As the appeal lies in a narrow compass, it is admitted and heard for final disposal.2. This appeal is preferred against the order dated 15.9.1994, passed by the learned single Judge in W.P. No. 16260 of 1994. The petitioner Pudukkottai Municipality Tax Payers' Sangam has sought for quashing the Notification bearing No. Na.Ka E2/ 8240/94 dated 19.7.1994, published in 'Daily Thanthi' newspaper dated 21.7.1994. According to the terms of the said notification, a resident of Pudukkottai, who wants to have water supply connection, shall deposit a sum of Rs. 2,000 if the connection is for domestic purpose Rs. 4,000 if the connection is for factory purpose and Rs. 6,000 if the connection is for commercial complex. The contention of the petitioner is that per Section 32-A of the Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to...
P. Arumugham Vs. State of Tamil Nadu, Represented by the Secretary, Co ...
Court: Chennai
Decided on: Oct-11-1994
Reported in: (1995)2MLJ269
ORDERAbdul Hadi, J.1. This writ petition seeks to quash paragraphs 3 (iii) and (iv) of G.O.Ms. No. 30, dated 28.1.1993 of the 1st respondent and to direct respondents 3 and 4 to release the sale deed already executed by the 3rd respondent after completing registration. 2. Thus short facts are as follows:Pursuant to application by the petitioner, who was tenant of the temple in question, the 2nd respondent by order dated 6.5.1987, accorded sanction under Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the 'the Act') for the Executive Officer of the said temple (3rd respondent) to sell the temple property in question to the petitioner for a sum of Rs. 2,30,000. The 5th respondent who had raised objection to the said sale before the 2nd respondent, preferred both revision petition before the 1st respondent and W.P. No. 6423 of 1987 on the file of this Court, against the abovesaid order dated 6.5.1987. In the writ petition, this ...
Elmeh India Vs. Hi-sound Corder Private Ltd.
Court: Chennai
Decided on: Oct-07-1994
Reported in: [1995]83CompCas135(Mad)
Jayasimha Babu, J.1. This is a petition for winding up the respondent-company on the ground that it is unable to pay its debts. 2. The case of the petitioner is that it had given a sum of Rs. 20,000 as deposit to the respondent-company in the year 1980, when it became a dealer of Solidaire stereo amplifiers, F. M. tuners, and other electronic equipment manufactured by the respondent-company and subsequently on September 1, 1982, it had advanced a loan of Rs. 2,00,000 to the respondent. The petitioner ceased to be a dealer in 1984. After giving credit to a sum of Rs. 7521.23 which amount, according to the petitioner had become due by it to the respondent on the trading account, and after adjusting the amounts paid by the company, towards interest claimed at 18 per cent., the petitioner has claimed that a sum of Rs. 2,79,911.63 was due to the petitioner as on October 31, 1990. This petition was filed on November 14, 1990. 3. The respondent-company has disputed the claims made by the peti...
Ganesan Vs. State
Court: Chennai
Decided on: Oct-07-1994
Reported in: 1995CriLJ1303
ORDER1. Petition under section 482 Cr.P.C. to call for the records in Cr. No. 1314/89 on the file of Central Crime Branch, Egmore and quash the proceedings therein. 2. Petitioner Ganesan is doing business in electronic goods in the name and style of Sivasakti Electronics at No. 23, Narasingapuram street, Mount Road, Madras. On 10-11-1989 he laid a complaint before the Central Crime Branch, Egmore, Madras against one Kasim, Ismail and Akbar alleging that on 7-10-1989 one Arumugam came to his shop and represented that TV picture tubes were available for sale at No. 48, Vaithinantha Mudali street, Mint, Madras. He also gave out that one Kasim, Ismail and Akbar are his partners. Pursuant to this, he proceeded to this shop along with one Srinivasan and another. He wanted to place the order for the picture tubes only on behalf of the said Srinivasan. In the house at Vaithianatha Mudali street, Arumugam introduced Kasim, Ismail and Akbar to him. He negotiated and fixed the price of 50 picture...
India Cements Ltd. Vs. Assistant Collector of C. Ex., Tirunelveli
Court: Chennai
Decided on: Oct-07-1994
Reported in: 1994(48)ECC215; 1995(75)ELT493(Mad)
ORDER1. All these three writ petitions are filed against the common respondents for various reliefs. They are taken together for convenience and they are disposed of by this common order : 2. In Writ Petition No. 11089 of 1994, the petitioner has sought for the issuance of a writ of mandamus, directing the respondents herein to forbear from denying or disallowing the credit of duty paid on paper bags received and used in the manufacture, packing and wholesale marketing of cement or in any manner interfering with utilisation of the credit of the duty paid on the paper bags. 3. In Writ Petition No. 11090 of 1994, the petitioner has sought for calling of the records on the file of the first respondent in C. No. V/68/30/100/92, dated 30-3-1994 by issue of a writ of certiorarified mandamus, and quashing the said proceedings, and further to direct the first respondent to permit the petitioners to avail credit of the duty paid on paper bags used in relation to packing and manufacture of cemen...
WavIn India Ltd. Vs. Union of India
Court: Chennai
Decided on: Oct-07-1994
Reported in: 1994(48)ECC145; 1995(75)ELT478(Mad)
K.A. Swami, C.J.1. These two appeals are preferred against the common order dated 1-7-1994 passed by learned single Judge in Writ Petitions 12251 and 12253 of 1984.2. The petitioner is common in both the appeals and the writ petitions. It has sought for issue of a writ in the nature of mandamus directing the 2nd respondent, the Assistant Collector of Customs, Kandla Port, Kandla, Gujarat not to load the value of the goods of 1750 metric tonnes of PVC Resins arrived on board S. S. Vishwadharma covered by bills of lading numbers 33 to 47 and 81 to 100 dated 20-10-1984 and 22-10-1984 respectively with the customs duty for the purpose of levy of additional duty (countervailing duty) under Section 3(2)(ii) of the Customs Tariff Act, 1975. In writ petition 12253 of 1984, it has sought for a declaration to the effect that the levy of countervailing duty under Section 3(2)(ii) of the Customs Tariff Act, 1975 in respect of the goods of 1,750 M.T. of PVC Resins arrived on board S.S. Vishwadharma...
A. Chelliah and anr. Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Oct-07-1994
Reported in: (1995)1MLJ230
ORDERAbdul Hadi, J.1. These writ petitions are connected and hence they were heard together and common order is passed.2. All these writ petitions relate to Kattathurai Aided High School, which is the petitioner in W.P. No. 11548 of 1994 in which respondents 1 and 2 are the State of Tamil Nadu and the District Educational Officer, Thuckalay, respectively. With reference to this school, there was dispute regarding the management of the school among two sets of persons and the said dispute was sought to be resolved in a suit, which ended in judgment dated 18.8.1966 in S.A. No. 1117 of 1962, on the file of this court. The operative portion of the said judgment is as follows:Both the plaintiff (Chelliah) and the appellant (Selvanayagam) are co-owners or co-managers each should act with the consent of the other. But when there is no-operation or co-ordination between the parties, best course would be to direct the plaintiff and the appellant to be in charge of collection of fees of the scho...
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