Chennai Court February 1994 Judgments
Special Officer, Periyakulam Anna Polythene Workers Industrial Co-oper ...
Court: Chennai
Decided on: Feb-22-1994
Reported in: 1994ACJ1225
1. This civil miscellaneous appeal is against the award of Rs. 52,052 passed by the Deputy Commissioner of Labour, Madurai in W. C. No. 72 of 1992 under the Workmen's Compensation Act, (hereinafter referred to as 'the Act') as against the claim for compensation for a sum of Rs. 76,885.20. The compensation was claimed by the respondents, parents of the victim, who was working under the appellants-industrial co-operative society. 2. The case of the claimants is briefly as follows : Their daughter Panchavarnam, the deceased, received stab injuries from her husband during the course of her employment under the appellant and died on 22.4.1990. She was getting a monthly wages of Rs. 900 and was aged 27 years at the time of the death. 3. The appellant in its counter-statement stated as follows : The deceased was no doubt a worker working under the appellant, but her husband has murdered her after entering into the work place. The murder was due to his private motivation and cannot be construe...
Tag this Judgment!K. Revathy and ors. Vs. the High Court of Judicature Represented by It ...
Court: Chennai
Decided on: Feb-22-1994
Reported in: (1994)2MLJ126
Thangamani, J.1. The appellants 35 in number are all working as Readers/Examiners in the High Court at Madras. Though their initial appointment was temporary, eventually their services were regularised within category 8 of Division II of the High Court Service Rules. They possessed the minimum educational qualification for the post of Reader/Examiner at the time of their entry into service. They were qualified to be promoted as Junior Assistants (new redesignated as Assistants) which fall in category 6 of Division II. By virtue of an amendment to the High Court Service Rules in 1978, Under Rules 6(C)(i), no person would be eligible for appointment to category 6 of Division II unless he holds a degree of a University in the Indian Union. Under Rule 3 of the High Court Service Rules the next higher post to that of Assistant is, Assistant Section Officer which is category 5 of Division II. Rule 14 envisages promotion to the post of Assistant Section Officer in category 5 to be made from c...
Tag this Judgment!Mrs. S. Aruna and anr. Vs. Secretary to the Government of Tamil Nadu, ...
Court: Chennai
Decided on: Feb-21-1994
Reported in: (1996)ILLJ174Mad
ORDERBaktha Vatsalam, J.1. The prayer in W.P.No. 700 of 1993 is to issue a writ of certiorarified mandamus calling for the records relating to the impugned order Roc.No. 18879/92/K-4 dated December 30, 1992 issued to the petitioner and quash the same and direct the respondent to give all monetary benefits.2. The prayer in W.P.No. 701 of 1993 is to issue a writ of certiorarifed mandamus by calling for the records relating to the impugned order Roc No. 18879/92/K-4 dated December 30, 1992 and quash the same and direct the respondent to regularise the service of the petitioner.3. Both the writ petitions are preferred against the orders of termination of the respondent dated December 30, 1992.4. The petitioner in W.P.No. 700 of 1993 alleges in the affidavit that she was appointed as a coordinator under the respondent during the Tamil Invitation Club and put on probation for a period of six months and that after successful completion of the period of probation, an order of appointment was i...
Tag this Judgment!Union of India (Uoi) and anr. Vs. Rajendra Enterprises and anr.
Court: Chennai
Decided on: Feb-21-1994
Reported in: 1997(57)ECC148
K.A. Swamy, C.J.1. All these writ appeals are preferred against the common order dated 22.12.1993 (printed at page 151 infra) passed by the learned single Judge in W.P. Nos. 17894, 18294, 18295 and 18382 of 1992 respectively. Learned single Judge has allowed the writ petitions and issued the following directions:Consequently, all the writ petitions are allowed as prayed for. I make it clear that the respondents are at liberty to take whatever steps which are available to them to recover the amounts paid to the petitioners in respect of the exim scrips which were issued to M/s. Aisha Exports (P) Ltd., Trimex Agencies (P) Ltd. or Trimex Minerals (P) Ltd. In respect of some of the claims made in the writ petitions, it is stated that payments have been made. Therefore, the present judgment will govern only those claims under genuine exim scrips which have not already been satisfied by the respondents. The writ petitions are allowed in the above terms. There will, however, be no order as to...
Tag this Judgment!K.R.S.A. Karuppan Chettiar and Company, by Its Sole Proprietor, K.R. P ...
Court: Chennai
Decided on: Feb-21-1994
Reported in: (1994)2MLJ27
ORDERThangamani, J.1. The petitioner herein instituted O.S. No. 557 of 1989 in the court of Subordinate Judge, Madurai, against M/s. Hindustan Petroleum Corporation Limited, the present respondent seeking declaration that the termination of dealership agreement between them as per communication dated 12.7.1989 is invalid and for permanent injunction restraining the Petroleum Corporation Limited from discontinuing the supply of Kerosene to him and for other reliefs. He also filed I.A. No. 465 of 1989 on the same day for an interim injunction order. On 5.10.1989 counsel for defendant entered appearance and filed vakalat. The suit was adjourned for filing of written statement on two occasions thereafter viz. 7.11.1989 and 18.12.1989. In the meanwhile, on 7th November, 1989 the defendant came forward with I.A. No. 1 of 1990 under Section 34 of the Indian Arbitration Act to stay all proceedings in O.S. No. 557 of 1989 and for appointment of an arbitrator as contemplated under Clause 29 of t...
Tag this Judgment!Dr. B. Ilango Vs. State of Tamil Nadu Represented by Secretary to Gove ...
Court: Chennai
Decided on: Feb-21-1994
Reported in: (1994)2MLJ12
ORDERBakthavatsalam, J.1. The prayer in the writ petition is as follows:.to issue a writ of certiorarified mandamus calling for the records comprised in the proceedings of the first respondent in G.O.Ms. Nos. 909 and 910, Education (Jl), dated 27.9.1993 and quash the said G.Os. and consequently issue a mandamus forebearing the respondents from interfering with the right of the petitioner to continue as Principal till the expiry of the contract period of five years from 13.7.1990 to 12.7.1995....2. The facts are:The Regional Engineering College, Thiruchirapalli invited applications for the post of Principal of the Regional Engineering College, Thiruchirapalli in the year 1990. In terms of the advertisement the appointment of the Principal was on the contract basis for one term of five years. The petitioner herein, who was working as Officer on Special Duty, Education Department, Madras, and prior to that he was working as Professor and Head of the Department of Electrical and Electronic...
Tag this Judgment!Voora Mahalakshmamma Vs. C. Veera Reddy
Court: Chennai
Decided on: Feb-18-1994
Reported in: AIR1995Mad200
ORDER1. This Revision Petition is filed against the judgment and decree dated 24-7-1986 made in R.C.A. No. 50 of 1986 on the file of the VIII Judge, (Appellate Authority) Court of Small Causes, Madras.2. The landlady is the petitioner. The landlady filed an application under Section 4(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for fixation of fair rent, in relation to a portion of the building (First Floor) of No. 29, Varada Muthiappan Street, George Town, Madras-1 which was let out to the respondent on a monthly rent of Rs.340/-. The petitioner landlady claimed Rs.868/'- as a fair rent. The respondent-tenant opposed the petitioner on several grounds and the Rent Controller fixed the fair rent as Rs. 3S3/- by his order dated 8-4-1985. Aggrieved by the said order of the Rent Controller, the landlady filed the appeal R.C.A. No. 50/1986 and in that appeal, the rent was enhanced to Rs. 365/- per month.3. Aggrieved by the appellate order dated 24-7-1986 made in R.C.A....
Tag this Judgment!P. Ramakrishnan and Another Vs. Bagnar Finance Co.
Court: Chennai
Decided on: Feb-18-1994
Reported in: [1995]83CompCas769(Mad)
Pratap Singh, J. 1. The accused in CC. No. 2659 of 1991, on the file of the VIIIth Metropolitan Magistrate, George Town, Madras, have filed this petition under section 482 of the Criminal Procedure Code, 1973, praying to call for the records in the above case and quash the same. 2. The short facts are: The respondent has filed the private complaint against the petitioners for an offence under section 138 of the Negotiable Instruments Act (which I shall hereafter refer to as 'the Act'). The allegations in it are briefly as follows: Accused Nos. 1 and 2 entered an agreement with the complainant on June 28, 1989, and obtained a loan of Rs. 4 lakhs. On December 27, 1989, they obtained another loan of Rs. 4 lakhs from the complainant. Apart from the above, on March 5, 1990, the first accused obtained a loan of Rs. 25,000 from the complainant. On March 21, 1990, he received a loan of Rs. 15,000 from the complainant. On September 30, 1990, the first accused issued two cheques in favour of the...
Tag this Judgment!Reiter Machine Works Ltd. Vs. Commissioner of Income-tax and Another
Court: Chennai
Decided on: Feb-18-1994
Reported in: [1995]217ITR144(Mad)
Raju, J. 1. The above writ petition has been filed for a writ of certiorarified mandamus to call for and quash the proceedings of the first respondent in Case No. 1411/(25) of 1979-80 CBE and consequently direct the first respondent to take up the revision petition dated May 7, 1979, on its file and hear and dispose of the same on the merits. 2. The petitioner is a joint stock company incorporated in Switzerland and has entered into a collaboration agreement dated February 16, 1963, with Messrs. Lakshmi Machine Works Limited, Coimbatore, a company registered under the Companies Act, 1956, for the manufacture of various kinds of textile machinery. The agreement concerned both the provision of technical assistance and also the service and training of technicians and specification of the terms of the collaboration agreement regarding consideration. The nature of services to be rendered by the foreign company for which royalty was paid was also specified in clause 4 of the said financial a...
Tag this Judgment!Assistant Collector of Customs, Madras Vs. A. Narayana Pillai
Court: Chennai
Decided on: Feb-18-1994
Reported in: 1994(71)ELT673(Mad)
1. This Criminal appeal against acquittal is filed by the Assistant Collector of Customs. Three persons were prosecuted for an offence under Section 135(1)(a)(i) of the Customs Act before the Additional Chief Metropolitan Magistrate, Madras by filing a private complaint. Of them Accused 2 and 3 were discharged and the case was proceeded as against the first accused alone. The trial court viz., Additional Chief Metropolitan Magistrate, Madras convicted the first accused and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. Against this the first accused filed an appeal. The Principal Sessions Judge, Madras who heard the appeal found him not guilty and therefore he set aside the Judgment of the trial court and acquitted him. As against this order of acquittal the Assistant Collector of Customs has filed this appeal. 2. The case of the prosecution is that the appellant - first accused arrived at Madras Air Port from Singapore on 25-2-1986 by an ...
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