Chennai Court February 1994 Judgments
Shri Kandavel Industries Vs. Tamil Nadu Industrial Investment Corporat ...
Court: Chennai
Decided on: Feb-28-1994
Reported in: [1998]93CompCas704(Mad)
A.R. Lakshmanan, J.1. In this and various other batch of writ petitions, various debtors/industrial concerns have questioned the action taken by the Tamil Nadu Industrial Investment Corporation Limited (hereinafter referred to as 'the Corporation'), a notified State financial corporation (hereinafter referred to as 'the SFC'), under section 29 of the State Financial Corporations Act, 1951 (Central Act 63 of 1951) (hereinafter referred to as 'the Act'). When the matter was listed for final hearing, we requested the learned senior counsel for the petitioner as well as the Corporation to advance arguments as to the scope of interference in these category of cases under article 226 of the Constitution of India with regard to the action taken by the Corporation under section 29 of the Act for recovering amounts due to it, so that we can lay down the general principles, and thereafter, take up individual writ petitions for disposal in the light of these principles. 2. Accordingly, arguments ...
Tag this Judgment!Mahalingam and Others Vs. State Rep. by the Inspector of Police, Chida ...
Court: Chennai
Decided on: Feb-28-1994
Reported in: 1995CriLJ1991
Janarthanam, J. 1. Appellants were respectively accused 1 to 6 in Sessions Case No. 195 of 1985 on the file of Court of Session, South Arcot Division, Cuddalore. They faced their trial for the charges as below :- ------------------------------------------------------------------Charge No. Against which accused Offences under theIndian Penal Code------------------- ----------------------------------------------Firstly, accused 1 & 3 to 6 147 Secondly, accused 2 148 Thirdly, accused 2 302 Fourthly, accused 6 302 read with 34 Fifthly, accused 1, 3, 4 & 5 302 read with 149 Sixthly, accused 1, 3, 4 & 5 323 Seventhly accused 1, 2 & 5 323 Lastly accused 1, 2 & 5 323 ----------------------------------------------------------------- 2. Learned Sessions Judge found accused involved in Charge Nos. 6, 7 and 8, not guilty and acquitted them thereof. He, however, found accused 1 and 3 to 6 guilty under Section 147 of the Indian Penal Code, convicted them thereunder then sentenced each of them to rig...
Tag this Judgment!S.R. Rasamanickam and Another Vs. Dr. Geetha and Anothers
Court: Chennai
Decided on: Feb-28-1994
Reported in: 1995CriLJ1284
Abdul Hadi, J.1. This petition is for issue of a writ of Habeas Corpus to direct the respondents to produce the body of Sellammal, the mother of the petitioners, said to be confined in illegal custody by the respondents and set her at liberty. 2. The allegations in the affidavit dated 8-11-1993 filed in support of the petition are briefly as follows :- The petitioner's father died in April, 1989. The abovesaid Sellammal is their mother, aged about 85 years. The 1st respondents was married to their younger brother Srinivasan, who had his homicidal death and the criminal case relating thereto is pending. The 1st respondent lived away from their family and from her husband. Difference of opinion persisted between nick-named Paltu. Investigation was undertaken on the premises that commission of offence covered under section 363 of the Indian Penal Code, 1860 (in short, 'IPC') was disclosed. While the matter was pending before learned SDJM, petitioner No. 2 filed several documents and affid...
Tag this Judgment!East West Freight Carriers (P) Ltd. Vs. Collr. of Customs, Madras
Court: Chennai
Decided on: Feb-28-1994
Reported in: 1995(77)ELT79(Mad)
ORDER1. Although W.M.P. Nos. 27407/1994 and 26382 of 1994 in W.P. No. 17363 of 1994 are posted today, the writ petition itself is taken up for final hearing with the consent of the learned counsel for the parties. 2. Heard the learned counsel for the parties accordingly. 3. The petitioner in this writ petition has questioned the validity and correctness of the impugned order dated 26-9-1994 passed by the respondent and sought for quashing the same. 4. Shri N. R. Chandran, the learned senior counsel for the petitioner contended that the impugned order said to have been passed under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984, for short 'the Regulations', is unsustainable on the face of it. He submitted that under Regulation 21 of the Collector may subject to the provisions of Regulation 23 suspend or revoke the licence of a Customs House Agent in so far as the jurisdiction of the Collector is concerned, and also order for forfeiture of security amount on any...
Tag this Judgment!Andhra Civil Construction Company Vs. Government of Tamil Nadu and Oth ...
Court: Chennai
Decided on: Feb-25-1994
Reported in: AIR1994Mad307
ORDER1. The petitioner herein was assigned different works in the harbour project of the new Tuticorin Port for which purpose, under an agreement, it was required to quarry stones and use the same in the work. Since it was found to have quarried in patta lands, it was subjected to seigniorage fee as contemplated under the Tamil Nadu Minor Mineral Concession Rules, 1959. The Collector of Tirunelveli, third respondent herein, in his proceedings, ordered for the realisation of the said fee from the petitioner and imposed penalty for the alleged unauthorised quarrying by it. The petitioner preferred appeal to the Director of Industries and Commerce, Madras, the second respondent herein, who reduced the penalties for the quantity of stones allegedly removed without permission during 1971-72, 1973-74 and 1975-76, but affirmed the Collector's order as to the fee to be realised from the petitioner. The petitioner preferred appeals to the Government. The Government has disposed of the appeals b...
Tag this Judgment!L. Mani Vs. Kandan Finance
Court: Chennai
Decided on: Feb-25-1994
Reported in: [1996]86CompCas205(Mad)
Thangamani, J.1. The respondent preferred a complaint in the Court of the Judicial Magistrate-I, Kancheepuram, against the petitioner under 138 and 142 of the Negotiable Instruments Act, 1881, alleging that the cheque issued by the petitioner on February 14, 1990, for Rs. 5,000 in repayment of the amount borrowed from him was dishonored owing to Insufficiency of funds in the account of the petitioner in the bank with a memorandum 'refer to drawer'. The complainant sent a registered notice though his lawyer within fifteen days of the receipt of the information from the bank regarding the return of the cheque as unpaid as required by the statute. However, the notice was returned on July 3, 1990, and the petitioner had failed to make a payment within fifteen days of the receipt thereof. 2. The petitioner seeks to quash the proceedings on the sole ground that the complainant has not satisfied the requirement of the statute in that no notice of the dishonour of the cheque has, been served o...
Tag this Judgment!S. Vasudeva Rao Vs. P.S.J. Sigamany
Court: Chennai
Decided on: Feb-25-1994
Reported in: (1995)125CTR(Mad)93; [1995]217ITR284(Mad)
ORDERPratap Singh, J. 1. The accused in C.C. No. 930 of 1989 on the file of the Chief Judicial Magistrate, Coimbatore, has filed this petition under section 482, Criminal Procedure Code, praying to call for the records in the above case and quash the same. 2. The short facts are : The respondent has filed the complaint under sections 193, 196, 420 and 511 of Indian Penal Code, read with sections 276C and 277 of the Income-tax Act, 1961. The allegations in it are briefly as follows : The accused is assessed to income-tax. He is doing business as a jeweller in Coimbatore. There was a search operation under section 132 of the Income-tax Act, 1961, in the business premises of the accused on June 9, 1980, and substantial unaccounted stock representing corals and pearls were seized and the same was estimated at Rs. 2,50,000. The accused filed a return of the income for the assessment year 1981-82 on October 27, 1982, admitting a total income of Rs. 1,89,720, which included only Rs. 1,00,000 ...
Tag this Judgment!Anisha K. Shah Vs. Fastenese Private Ltd. and Etc.
Court: Chennai
Decided on: Feb-24-1994
Reported in: AIR1995Mad67; [1995]82CompCas514(Mad)
ORDERMishra, J.1. Appellant herein has presented Company Petitions Nos. 62 to 64 of 1992 under Sections 433 (e) and (f), 433(i)(a) and 439(i) and (b) of the Companies Act, for winding up of the three private limited companies, namely, Fastenex Private Limited, Toolex Private Limited and Brightenex Private Limited, her husband Ketan L. Shah, her brother-in-law Amt. L. Shah and her father-in-law L. M. Shah, it is not disputed, held the majority of the shares with certain minor shareholders with the other dependant members of the family of her father-in-law L. M. Shah. They managed the affairs of the three companies in such a way that the father-in-law L.M. Shah held, of one company as the Managing Director; the brother-in-law, of one Company as the Managing Director and her husband, on one Company as the Managing Director, She was married to Ketan L. Shah on 31-3-1991. She stayed with her husband in the house in the occupation of other members of the in laws' family for some days. She wa...
Tag this Judgment!Sudarsan Estate Private Ltd. Vs. State of Tamil Nadu
Court: Chennai
Decided on: Feb-24-1994
Reported in: [1995]217ITR273(Mad)
ORDERK.A. Swami, C.J.1. This tax case is filed under section 54(1) of the Tamil Nadu Agricultural Income-tax Act, 1955 (hereinafter referred to as 'the Act'), against the order of the Tamil Nadu Agricultural Income-tax Appellate Tribunal, dated May 19, 1993, passed in A.T.A. No. 38 of 1992. The Tribunal has remanded the matter relating to allowing of interest on the expenditure falling under section 5(e) or 5(k) of the Act. 2. The grievance made in this case is that the Tribunal is not justified in confirming the finding of the Agricultural Income-tax Officer and also of the appellate authority as to equipment repairs and also the income from pepper, the remand on the interest allowable on the expenses incurred falling under section 5(e) or 5(k) of the Act, ought not to have been circumscribed by certain observations. 3. As far as the finding of the Tribunal on the equipment repairs is concerned, the Agricultural Income-tax Officer allowed only 75 per cent. of the expenditure shown on ...
Tag this Judgment!P. Kandaswamy Vs. State of Tamil Nadu and Others
Court: Chennai
Decided on: Feb-22-1994
Reported in: 1994CriLJ2756
P.S. Mishra, J. 1. Petitioner's son by name Subburu alias Subramani alias Subramaniyam, aged about 22 years, has been detained under section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Book-leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982). It is said that the petitioner's son assaulted one Nagarajan, resulting in his death on 13-11-1992, along with some other persons, in which case, a charge-sheet has been filed on 15-2-1993 and the case has been committed for Sessions trial. On 22-4-1993, it is said, he (petitioner's son) and three others, kidnapped, wrongfully confined and assaulted Bhaskar, Sampath and Kumar and attempted to murder Bhaskar. A police case is registered for the said offences against him and other. On 28-7-1993 he get involved himself in yet another occurrence, which has been described as the ground case for detention by the respondents. At about 7 a.m. on that day, on...
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