Chennai Court November 1994 Judgments
V. Selladurai, Prop. Laxmi Enterprise Vs. Sridhar
Court: Chennai
Decided on: Nov-30-1994
Reported in: 1995(2)ALT(Cri)323; 1996CriLJ659
ORDER1. This Revision is against the order of acquittal passed by XI Metropolitan Magistrate in C.C. No. 2137 of 1988 dated 9-10-1992 for the offence under section 420 Indian Penal Code. 2. The prosecution case is that the revision petitioner herein, who was examined as P.W. 1, purchased the copyright of the Tamil Film 'Urimaikural' from the respondent accused, who was the producer, for a sum of Rs. 50,000/- on 5-7-1982 for exhibiting this film in Sri Lanka, without knowing that the copyrights of this picture was already sold to one M/s Nemichand Jabakh in the year 1976 and the revision petitioner came to know that he was defrauded by the respondent accused only when the National Film Development Corporation Ltd., (N.F.D.C.) refused to give permission for exporting the film 'Urimaikural' to Sri Lanka on the Ground that M/s. Nemichand Jabakh had already acquired right over the film. The prosecution examined as many as 10 witnesses of whom P.Ws. 1 to 3 have spoken about the transaction b...
Tag this Judgment!Commissioner of Income-tax Vs. Bimetal Bearings Ltd.
Court: Chennai
Decided on: Nov-30-1994
Reported in: [1995]215ITR675(Mad)
Thanikkachalam J.1. At the instance of the Revenue, the Tribunal referred the following question under section 256(1) of the Income-tax Act, 1961, for our opinion : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the settling allowance of Rs. 16,000 paid to the employees in connection with the shifting of the factory from Madras to Coimbatore is an admissible deduction ?' 2. The assessee is a company. The assessment for the assessment year 1977-78 was completed on April 16, 1979, determining the total income at Rs. 1,37,62,220. While completing the assessment, the Income-tax Officer disallowed a sum of Rs. 16,000 being the settling allowance paid to the employees in connection with the shifting of the factory building. On appeal, the Commissioner of Income-tax (Appeals), following an earlier order of the Tribunal in the case of the same assessee for the assessment year 1974-75 held that the shifting allowance paid to the emp...
Tag this Judgment!S. Kannan Vs. Collector of Customs, Madras
Court: Chennai
Decided on: Nov-29-1994
Reported in: 1995(76)ELT539(Mad); (1995)IIMLJ148
ORDER1. When W.M.P. No. 11975 of 1994 for an injunction filed by the Writ Petitioner and W.M.P. No. 24245 of 1994 filed by the Department for vacating the injunction came up before this Court, the main Writ Petition itself has been heard, having regard to the nature of the claim and the stage of the of the proceedings before the authorities below. 2. The above writ petition has been filed for a writ of certiorari to call for and quash the proceedings on the file of the 2nd respondent in file No. SIB/136/93/S16/3/94 SIB, dated 28-3-1994 whereunder the 2nd respondent came to issue a show cause notice under Section 124 of the Customs Act, 25 of 1962 (hereinafter referred to as the Act), calling upon the petitioner to show cause to the Collector of Customs-II, Customs House, Madras-1, as to why 25,725 pieces of snake skins with an estimated market value of Rs. 50 lakhs attempted to be illegally exported out of India, be not confiscated under Sections 113(d) and 113(i) of the Act and the le...
Tag this Judgment!Director General, Combat Vehicles and Research Establishment, Avadi Vs ...
Court: Chennai
Decided on: Nov-29-1994
Reported in: 1995ACJ922; [1995(71)FLR809]
Govardhan, J.1. This appeal arises out of the order passed by the Deputy Commissioner of Labour II/Commissioner of Workmen's Compensation-II, in awarding a compensation of Rs. 24,192 in W. C. No. B-1/1506/1987 dated 21-9-1987, filed by the second respondent herein claiming a compensation for the injuries sustained by her husband alleging that he had sustained injuries in an accident on 11-5-1982 during the course of his employment under the appellant herein. 2. The case of the applicant is as follows : The husband of the applicant Thiru M. Raji was employed under the opposite party and on 11-5-1982 during the course of his employment, he sustained injuries in an accident arising out of the employment and during the course of employment under the opposite party. The husband died on 21-4-1983 subsequently. The applicant has filed claim application before the Commissioner for Workmen's Compensation and the opposite party negatived her claim for compensation by a letter dated 27-1-1986. He...
Tag this Judgment!Minor A. Arul Latha Gold Rep. by Father and Natural Guardian K. Ayyapp ...
Court: Chennai
Decided on: Nov-29-1994
Reported in: 1995(1)CTC5
ORDERSrinivasan, J.1. The petitioner has passed plus Two Examination in March 1994. One of the subjects taken by her is 'Siddha' (Medicine) as a vocational subject. She has secured third rank in the state. In the subject she has secured 164 out of 200 marks. She is entitled to get admitted for B.S.M.S. Course under the Special Category of reservation in which five seats are reserved for students who have obtained prescribed marks in 'Siddha' medical subjects including science subjects in their Higher Secondary Course. The seats were reserved by virtue of G.O.Ms No. 885, Health and Welfare Department dated 12-6-1991. The petitioner having secured 3rd rank in the Siddha subject, applied for admission to B.S.M.S. Course. She belongs to a backward community. She wrote the Entrance Examination for admission to the course under register No. 622554. She secured 33.3 for Biology and 28.8 for Physics and Chemistry.2. Applications were called for by the second respondent for B.S.M.S. Course. Ini...
Tag this Judgment!The Director, Combat Vehicles and Research Establishment Vs. the Deput ...
Court: Chennai
Decided on: Nov-29-1994
Reported in: II(1995)ACC182; (1995)1MLJ182
Goverdhan, J.1. This appeal arises out of the order passed by the Deputy Commissioner of Labour II/ Commissioner of Workmen's Compensation-II, in awarding a compensation of Rs. 24,192 in W.C. No. B-1/1506/1987 dated 21.9.1987, filed by the second respondent herein claiming a compensation for the injuries sustained by her husband alleging that he had sustained injuries in an accident on 11.5.1982 during the course of his employment under the appellant herein.2. The case of the applicant is as follows:The husband of the applicant Thiru M. Raji was employed under the opposite party and on 11.5.1982 during the course of his employment, he sustained injuries in an accident arising out of the employment and during the course of employment under the opposite party. The husband died on 21.4.1983 subsequently. The applicant has filed claim application before the Commissioner for Workmen's Compensation and the opposite party negatived her claim for compensation by a letter dated 27.1.1986. Hence...
Tag this Judgment!Uma Rani Vs. Hindustan Petroleum Corporation Limited
Court: Chennai
Decided on: Nov-29-1994
Reported in: (1995)1MLJ428
Govardhan, J.1. Plaintiff is the appellant.2. Averments in the plaint are as follows:The plaintiff is the owner of the suit property having purchased the same on 29.11.1968 through her guardian mother. The mother of the plaintiff had entered into a lease agreement with M/s. Caltex India Limited on 8.8.1974. M/s. Caltex India Limited got a amalgamated with the defendant with effect from 9.5.1978. M/s. Caltex India Limited was running a petrol and diesel fuelling station and a service station in the suit property. The lease agreement between the plaintiff's mother and M/s. Caltex India Limited expired on 30.6.1979. The defendant had requested the mother of the plaintiff for renewal of the lease for a further period of five years from 1.7.1979 as per their letter dated 20.11.1978. The plaintiff sent a letter stating that she does not propose to ratify the lease deed and requested vacant possession to be handed over to her. Defendant's counsel had called upon the plaintiff through her coun...
Tag this Judgment!S. Seethalakshmi Vs. B. Murugesan
Court: Chennai
Decided on: Nov-29-1994
Reported in: (1995)1MLJ350
ORDERSrinivasan, J.1. Learned Counsel for the petitioner urges four contentions in this revision petition. The necessary facts are: The main petition for eviction has been filed by the respondent on the ground of wilful default in payment of rent. The petitioner contended that the claim of the landlord is not correct as he has already paid rent upto April, 1990 and there were arrears only for June and July. The Rent Controller passed an order under Section 11 (4) of the Tamil Nadu Buildings (Lease and Rent Control) Act directing the petitioner to pay the arrears of rent of Rs. 16,000 payable from September, 1989 to December, 1990 and to continue to pay the subsequent arrears. That order was passed on 9.4.1991. Time was granted upto 2.5.1991. On 2.5.1991, the amount was not deposited. On 3.5.1991 counsel prayed for extension of time. In the application for extension of time, the prayer was to grant extension for payment of admitted arrears. The Court passed an order that time was extend...
Tag this Judgment!A. Arul Latha Gold Represented by Father and Natural Guardian, K. Ayya ...
Court: Chennai
Decided on: Nov-29-1994
Reported in: (1995)1MLJ456
ORDERSrinivasan, J.1. The petitioner has passed Plus Two Examination in March, 1994. One of the subjects taken by her is 'Siddha' (medicine) as a vocational subject. She has secured third rank in the State. In that subject she has secured 164 out of 200 marks. She is entitled to get admitted for B.S. M.S. course under the Special Category of reservation in which five seats are reserved for students who have obtained prescribed marks in 'Siddha' medical subjects including science subjects in their Higher Secondary Course. The seats were reserved by virtue of G.O.Ms. No. 885, Health and Family Welfare Department, dated 12.6.1991. The petitioner having secured 3rd rank in the 'Siddha' subject, applied for admission to B.S. M.S. course. She belongs to a backward community. She wrote the Entrance Examination for admission to the course under Register No. 622554. She secured 33.3. in Biology and 28.8. in Physics and Chemistry.2. Applications were called for by the second respondent for B.S.M...
Tag this Judgment!Tata Engineering and Locomotive Co. Ltd. and anr. Vs. Vasanthi Alias A ...
Court: Chennai
Decided on: Nov-28-1994
Reported in: 1995ACJ1075; (1995)IILLJ233Mad
1. There is no merit in this appeal. On the question of negligence, there is overwhelming evidence adduced by the claimants which has not been contradicted by any evidence on the side of the appellants. Hence the finding of the tribunal on the question of negligence is accepted.2. The deceased was aged about 30. He was employed in the Postal Department. The salary certificate is produced according to which he was getting a sum of Rs. 1,357 p.m. He would have certainly continued in service upto 58 but for his untimely death. He had left his wife aged about 28, who is the first claimant and minor son the second claimant. Besides, the parents of the deceased have been impleaded as respondents 3 and 4 in the claim petition.3. The Tribunal had taken the view that the deceased would have taken 1/3 of his salary for his personal expenses and given the balance to the family. On that footing, the Tribunal has arrived at a figure of Rs. 11,500 p.a. as contribution to the family. If the multiplie...
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