Chennai Court December 1994 Judgments
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Superintendent of Police, C.B.i. Vs. the Addl. Superintendent, Special ...
Court: Chennai
Decided on: Dec-14-1994
Reported in: 1995(1)CTC13
ORDERArunachalam, J.1. This appeal is directed against the order of a learned Single Judge of this Court dismissing Writ Petition No. 18581 of 1994 preferred by the appellant herein, who had pleaded for issue of a writ of mandamus directing the respondent therein, the Additional Superintendent, Special Sub-Jail, Poonamallee, to cause production of accused No. 3, Sriharan alias Murugan in CC. No. 3 of 1992 on the file of Designated Court No. I at Poonamallee, before the said court on all the dates of hearing as per the production warrant issued by the said Designated Court.2. Facts which led to the preferring of Writ Petition No. 18581 of 1994 will have to be stated in brief. In CC. No. 3 of 1992 aforestated, twenty-six accused are facing trial, on the basis of, final report laid on 20-5-1992. 1014 witnesses have been cited in the charge sheet, besides mentioning the need to mark 907 documents and the necessity of production of 1904 material objects. All the 26 accused are lodged in the...
Tirunelveli Diocesan Trust Association Represented by Secretary and Tr ...
Court: Chennai
Decided on: Dec-14-1994
Reported in: (1995)1MLJ461
ORDERSrinivasan, J.1. In all these four writ petitions, the proceedings for acquisition of lands belonging to the petitioners are being challenged. Three contentions are raised on behalf of the petitioners. (1) There is a long gap of four months between the date of notification under Section 4(1) of the Land Acquisition Act and publication thereof in the locality. The notifications are dated 22.2.1983 and they were published on 28.6.1983. Learned Counsel for the petitioners submits that as per the judgments of the Supreme Court and this Court the entire proceedings are vitiated and they should be quashed.2. Reliance is placed upon the judgments in Narinderjit Singh v. State of U.P. : [1973]2SCR698 , Deepak Pahwa v. Lt. Governor of Delhi : [1985]1SCR588 , State of Tamil Nadu v. Thangavelu (1985) 2 M.L.J. 91, Nandakumar v. State of Tamil Nadu and Anr. 1986 W.L.R. 164, P. Venkatarathinam Naidu v. State of Tamil Nadu, 1990 T.L.N.J. 264, Narayana Rajoo v. The State of Tamil Nadu, 1991. W.L....
Sivarama Sethu Pillai, Trustee, Silugal Chatram Vs. Rowdri and ors.
Court: Chennai
Decided on: Dec-13-1994
Reported in: (1995)1MLJ487
ORDERAbdul Hadi, J.1. This writ petition seeks to quash the order dated 30.9.1989 of the 6th respondent confirming the order dated 30.1.1987 of the 5th respondent which reversed the order dated 28.7.1986 of the 4th respondent. These orders were passed under the Tamil Nadu Agricultural Lands (Record of Tenancy Rights) Act (Tamil Nadu Act X of 1969). The original order of the 4th respondent- Record Officer was pursuant to the application made to him by the 1st respondent for recording him as the cultivating tenant of the petition land. It held that he was a cultivating tenant under the petitioner herein. In his application before the 4th respondent, he impleaded the writ petitioner herein as the 1st respondent and one Ramakrishna Pillai, said to be the power agent of the writ petitioner herein. After the death of the said Ramakrishna Pillai his son, the 2nd respondent herein has come on record.2. The defence to the said application by the petitioner herein is that, only the 3rd responden...
The Special Tahsildar, Land Acquisition Vs. G. Rajendra Bose
Court: Chennai
Decided on: Dec-12-1994
Reported in: (1995)1MLJ413
AR. Lakshmanan, J.1. The above three appeals have been filed against the common order of the learned Subordinate Judge, Srivilliputhur, dated 3.5.1991 in L.A.O.P. Nos. 13 to 15 of 1989.2. The lands in Kooraikundu village in Survey Nos. 157/2A, 158/1 A, 158/1B, 158/1C and 159/4 are the lands acquired for the construction of Government offices and residential quarters for the district head quarters of Kamarajar District as per the notification issued under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the Act). The same was published in the Extraordinary issue of the Tamil Nadu Government Gazette dated 28.3.1985 and the substance of the said notification had been published in the locality on 30.3.1985. The Government have approved the declaration under Section 6 of the Act and the same was published in the Gazette on 30.4.1985. The same was also published in the newspapers on 3.5.1985. The substance of the declaration had been published in the locality on 3.5.1985 ...
Subbanna Gounder and anr. Vs. Mohan Raj (Minor) Represented by Next Fr ...
Court: Chennai
Decided on: Dec-12-1994
Reported in: (1995)2MLJ73
Abdul Hadi, J.1. Defendants 1 and 2 are the appellants in this first appeal against the preliminary decree granted in the partition suit O.S. No. 154 of 1981 on the file of the Subordinate Judge, Namakkal. The said decree, (1) directs division of plaintiffs' 2/3rd share in the suit A Schedule properties, after the death of the life interest holder of the said properties, the 4th defendant 4th respondent; (2) declares that the suit B schedule properties absolutely belong to the 1st defendant and 6th defendant- 6th respondent and directs division of the said properties among the heirs of defendants 1 and 6 and (3) directs division of plaintiffs' 5/12th share in the suit C and D schedule properties. The said decree also observes that accounting relief shall be decided in final decree proceedings.2. The suit arose on the death of one Thangavelu, who died on 12.1.1977, the 2nd plaintiff being his wife. According to the plaintiffs the 1st plaintiff is the posthumous son of Thangavelu, having...
The Union of India (Uoi) Represented by the Home Secretary, Home Depar ...
Court: Chennai
Decided on: Dec-12-1994
Reported in: (1995)2MLJ223
K.A. Swami, C.J.1. This appeal is preferred under Clause 15 of the Letters Patent against the order dated 11th July, 1994 passed by the learned single Judge in C.M.P. No. 8680 of 1994 filed in A.S. No. 202 of 1993. C.M.P. No. 8680 of 1994 was a petition filed by the respondent herein for a direction to the respondents who are the appellants herein to relieve the security of immovable property offered in the year 1972 by the petitioner in the C.M.P. and hand over the documents of title deeds in respect of the properties bearing R.S. No. 363/2 (0-50-70 Hec) 367 (0-80-40 Hec) 1330/2 (0-13-20 Hec) and 1329 (0-05-40 Hec) and l/4th share in residential house situate in Poornakuppam village, Ariyankuppam Commune to enable him to take part in the public auction. On this very petition, an interim order was passed on 28.6.1994 by which the following direction was issued.For some inconvenience and want of instructions from the party concerned, in spite of intimation sent, the learned Government P...
Triton Valves Limited Vs. Cegat
Court: Chennai
Decided on: Dec-09-1994
Reported in: 1996(53)ECC66; 1995(77)ELT829(Mad)
ORDER1. The petitioner manufacturer of valves and valve cores was availing modvat credit on the inputs namely copper, zinc lead etc. as contemplated in Rule 57A of the Rules framed under Central Excises and Salt Act. In the course of manufacture of final products, utilising in the said inputs certain end bits, turnings, borings of brass was obtained which is categorised as scrap/waste and which were once again recycled by melting and converting into brass rods. Brass scrap by itself is one of the items, specified in the Central Excise Tariff Act in sub-heading 74.04 of the Act. According to the petitioner, it has no facility in its factory for converting scrap/waste into brass rods and therefore, such scrap generated was being sent to a job worker for conversion once again into rods which is used as an input in the manufacture of the declared final products by the petitioner. 2. The petitioner was permitted by the Excise authorities to remove the scrap/waste without payment of duty - s...
Madras Metropolitan Water Supply and Sewerage Board Vs. Tmt. Karmal
Court: Chennai
Decided on: Dec-09-1994
Reported in: 1995ACJ1207; 1995(2)CTC557; (1995)IIMLJ137
ORDERN. Arumugham, J.1. An useful debate upon the concept of the word 'accident' is being very much involved in this appeal while challenging the order passed by the Deputy Commissioner of Labour-I, Madras.6, being the authority to decide the compensation under Section 3 of the Workmen Compensation Act (hereinafter referred to as the Act), in W.C.Case. No. 39 of 1985 dated 15.4.1987, filed by one Tmt. Karmal, wife of deceased by name Subramani and thereby awarding the compensation at Rs. 47,086.70.2. On 12.8.1984, a driver of a pumping station, employed under the Madras Metropolitan Water Supply and Sewerage Board, in Area- IV by name Subramani was said to have reported to duty at about 6.15 a.m. on 12.8.1984 and at about 7.15 a.m. he was found dead underneath a tree nearby the office room. This followed his wife the respondent herein filing a claim petition for compensation before the authority referred to. On recording the oral and documentary evidence, the Deputy Commissioner concer...
Madras Metropolitan Water Supply and Sewerage Board, Represented by It ...
Court: Chennai
Decided on: Dec-09-1994
Reported in: (1995)2MLJ137
ORDERN. Arumugham, J.1. An useful debate upon the concept of the word 'accident' is being very much involved in this appeal while challenging the order passed by the Deputy Commissioner of Labour-I, Madras-6, being the authority to decide the compensation under Section 3 of the Workmen's Compensation Act (herein after referred to as the Act), in W.C. Case No. 59 of 1985 dated 15.4.1987, filed by Tmt. Karmal, wife of deceased by name Subramani, and thereby awarding the compensation at Rs. 47.086.70.2. On 12.8.1984, a driver of a pumping station, employed under the Madras Metropolitan Water Supply and Sewerage Board in Area-IV by name Subramanian was said to have reported to duty at about 6.15 a.m. on 12.8.1984 and at about 7.15 a.m. he was found dead underneath a tree nearby the office room. This followed, his wife the respondent herein, filing a claim petition for compensation before the authority referred to. On recording the oral and documentary evidence the Deputy Commissioner conce...
T.K. Arumugham Vs. Kavundae Gounder
Court: Chennai
Decided on: Dec-09-1994
Reported in: (1995)1MLJ423
ORDERS.S. Subramani, J.1. Plaintiff in O.S. No. 2228 of 1981, on the file of the District Munsif's Court, Coimbatore, is the revision petitioner.2. The suit filed by him was one for recovery of the amount of Rs. 2,000 with interest, from the defendant on the basis of Ex.A-1 promissory note dated 28.7.1975.3. The contention of the defendant was that he has not executed the promissory note, and that there was some earlier transaction between the same parties, and the plaintiff has misused some of the papers which had been executed by him for that purpose. He also claimed the benefit of the Debt Relief Act.4. The trial court, as per judgment dated 25.8.1986 held that the promissory note executed by the defendant is supported by consideration and that the defendant is not entitled to the benefit of the Debt Relief Act. The suit was decreed as prayed for.5. The matter was taken up in appeal before the District Judge, Coimbatore, by the defendant, in A.S. No. 153 of 1986.6. Before the lower ...
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