Chennai Court March 1994 Judgments
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Gopal Engineering Works and Others Vs. C.P. Thangaraj, Second Income-t ...
Court: Chennai
Decided on: Mar-11-1994
Reported in: [1995]217ITR303(Mad)
ORDERPratap Singh, J. 1. Accused Nos. 1, 2, 4 and 5 in C.C. Nos. 231 to 233 of 1984 on the file of the Additional Chief Metropolitan Magistrate (Economic Offences), Egmore, Madras-8, have filed these petitions under section 482 of the Criminal Procedure Code, praying to call for the records in the above cases and quash the same. 2. The short facts are - In E.O.C.C. No. 231 of 1984, the respondent has filed the complaint against five accused under section 120B read with sections 193 and 196 of the Indian Penal Code and section 276C(1) of the Income-tax Act, 1961, for the assessment year 1976-77. The allegations in it are briefly as follows : 3. The complaint is filed at the instance of the Commissioner of Income-tax, Madras. The first accused is a registered firm carrying on business in manufacturing, purchase and sale of drums and kegs used in the paint industry, utensils, etc., and it is assessed to income-tax. Accused Nos. 2 to 5 are the partners of the first accused firm. The return...
Tncs Corporation Ltd. Vs. S. Poomalai
Court: Chennai
Decided on: Mar-11-1994
Reported in: 1996ACJ273; [1995(70)FLR459]
ORDER1. This civil miscellaneous appeal is filed against the order made W. C. No. 50 of 1991 on the file of the Commissioner, Workman's Corporation Tirunelveli. The respondent in the lower court, is the appellant herein. Poomalai, the respondent herein filed W. C. No. 50 of 1991 claiming compensation of Rs. 62,588 for the death of her husband who died on the way towards his work place and in the course of his employment. The respondent's husband Subbiah was employed in the Modern Rice Mill at Thazhaiyuthu and on 18.12.1990 he left his house for attending his shift work in the morning and on the way, there was a communal clash and he was murdered. According to the respondent, her husband was getting a monthly wage of Rs. 1,330 and he was 49 years old. 2. The appellant filed a counter-statement contending as follows : The timing of the work in the rice mill relating the deceased was not mentioned and the occurrence had taken place before the commencement of his work and that too, outside...
Tncs. Corporation Ltd. Vs. S. Poomalai
Court: Chennai
Decided on: Mar-11-1994
Reported in: (1994)2MLJ124
ORDERSwamidurai, J.1. This civil miscellaneous appeal is filed against the order made in W.C. No. 50 of 1991 on the file of the Commissioner, Workmans Corporation, Tirunelveli. The respondent in the lower court, is the appellant herein. Poomalai, the respondent herein filed W.C. No. 50 of 1991 claiming compensation of Rs. 62,588 for the death of her husband who died on the way towards his work place and in the course of his employment. The respondent's husband Subbiah was employed in the Modern Rice Mill at Thazhaiyuthu and on 18.12.1990 he left his house for attending his shift work in the morning and on the way, there was a communal clash and he was murdered. According to the respondent, her husband was getting a monthly wage of Rs. 1,330 and he was 49 years old.2. The appellant filed a counter-statement contending as follows: The timing of the work in the rice mill relating to the deceased was not mentioned and the occurrence had taken place before the commencement of his work and t...
T.N.C.S. Corporation Ltd. Vs. S. Poomalai
Court: Chennai
Decided on: Mar-11-1994
Reported in: I(1997)ACC288
K. Swamidurai, J.1. This Civil Miscellaneous Appeal is filed against the order made in W.C. No. 50 of 1991 on the file of the Commissioner, Workmen's Compensation, Tirunelveli. The respondent in the lower Court is the appellant herein. Poomalai, the respondent herein, filed W.C. No. 50 of 1991 claiming compensation of Rs. 62,588/- for the death of her husband who died on the way towards his work place and in the course of his employment. The respondent's husband, Subbiah, was employed in the Modern Rice Mill at Thazhaiyuthu and on 18.12.1990 he left his house for attending his shift work in the morning and on the way, there was a communal clash and he was murdered. According to the respondent, her husband was getting a monthly wage of Rs. 1,330/- and he was 49 years old.2. The appellant filed a counter-statement contending as follows: The timing of the work in the rice mill relating to the deceased was not mentioned and the occurrence had taken place before the commencement of his work...
Gopal Engineering Works and Others Vs. C. P. Thangaraj, Second Income- ...
Court: Chennai
Decided on: Mar-11-1994
Reported in: (1995)124CTR(Mad)403; [1995]211ITR303(Mad)
ORDERPRATAP SINGH J. - Accused Nos. 1, 2, 4 and 5 in C.C. Nos. 231 to 233 of 1984 on the file of the Additional Chief Metropolitan Magistrate (Economic Offences), Egmore, Madras-8, have filed these petitions under section 482 of the Criminal Procedure Code, praying to call for the records in the above cases and quash the same.The short facts are - In E.O.C.C. No. 231 of 1984, the respondent has filed the complaint against five accused under section 120B read with sections 193 and 196 of the Indian Penal Code and section 276C(1) of the Income-tax Act, 1961, for the assessment year 1976-77. The allegations in it are briefly as follows :The complaint is filed at the instance of the Commissioner of Income-tax, Madras. The first accused is a registered firm carrying on business in manufacturing, purchase and sale of drums and kegs used in the paint industry, utensils, etc., and it is assessed to income-tax. Accused Nos. 2 to 5 are the partners of the first accused firm. The return of income...
K.V.K. Janardhanan Vs. State of Tamil Nadu and Others
Court: Chennai
Decided on: Mar-10-1994
Reported in: AIR1995Mad179
ORDER1. This revision is directed against the order passed by the Appellate Court below (learned District Judge, Salem) in C.M.A. Nos. 53 and 54 of 1992 confirming the orders passed by the trial court in I.A. Nos. 1247 of 1991 and 390 of 1992.2. The brief facts, which are necessary for disposal of this revision can be stated as follows: The revision petitioner herein plaintiff filed the suit for the relief of permanent injunction restraining the defendants and their subordinates from in any way altering the fence or putting up any sort of obstruction in the suit road and preventing the plaintiff from using the road to reach his property. The case of the revision petitioner is that he is the owner, of the lands in S.Nos. 64/3, 64/4A, 64/5B and 64/2 in Meeyanur village. The said property originally belonged to his grandmother Thulasammal as per the registered sale deed dated 6-9-1944, She executed a registered Will in favour of one K. V. Krishna lyer on 1-9-1960. On her death, Krishna ly...
Ramnad District Nalivutor Meenaver Sangam and Others Vs. the Asstt. Di ...
Court: Chennai
Decided on: Mar-10-1994
Reported in: AIR1994Mad329
ORDER1. These Writ Petitions were taken up for final hearing by consent of all parties. Heard Mrs. Nalini Chidambaram, senior Advocate for petitioners in W.Ps. Nos. 1007, 1075 and 1076 of 1994 and Mr. V. Raghupathy, Addl. Government Pleader for the respondents 1 and 2 and Mr. S. Natarajan for impleaded parties. Writ petition No. 9065 of 1993 has been filed to call for the records relating to the order of the 1st respondent -- the Assistant Director of Fisheries (Region), Rameshwaram, made in Na. Ka. No. 53/A/ 93-1 dated 27-1-1993 and to quash the same.2. Writ Petition No. 7555 of 1993 has been filed by Ramnad District Nalivutror Meenavar Sangam represented by its President, for Mandamus directing the respondents to strictly implement the regulations and restrictions imposed on the mechanised boats by Section 5(3) read with the Schedule of the Tamil Nadu Marine Fishing Regulations Act, 1983. The petitioner in W. P. No, 1076 of 1994 (Hereditary Fishermen Association Mandapam) has been im...
P.A. Rani Vs. K.G. Krishnan and Others
Court: Chennai
Decided on: Mar-10-1994
Reported in: AIR1994Mad323
ORDERK. A. Swamy, C. J.1. These two appeals arise out of the order dated 2-3-1994 passed by the learned single Judge in WP No. 2146 of 1993 and Contempt Appln. No. 388 of 1993, W.A. No. 420 of 1994 is prefered by the owner of the premises, whereas W.A. No. 425 of 1994 is preferred by Hotel Saravana Bhavan, claiming to be the lessee of the premises.2. The petitioner is an Ex-Member of the Madras Metropolitan Development Authority, for short, 'M.M.D.A.'. He sought for issue of a writ in the nature of mandamus, directing respondents 1 and 2, the M.M.D.A. and the Corporation of Madras, to take appropriate action against the third respondent owner of the premises, and stop the constructions that are being put up by her on the property bearing Door No. Y 209, II Avenue, Anna Nagar, Madras 600 040, and also to demolish the unauthorised constructions put up by her in the aforesaid property and pass such other orders as are deemed necessary. Learned single Judge has held that the construction p...
Sekhar Vs. State
Court: Chennai
Decided on: Mar-10-1994
Reported in: 1994CriLJ2479
Janarthanam, J. 1. The appellant was the accused in S.C. No. 44 of 1986 on the file of Court of Session, Trichirapalli Division, Trichirapalli. He faced trial for offences under sections 302 as well as 364 of the Indian Penal Code. He was found not guilty of the offence under S. 364 of the Indian Penal Code and consequently, he was acquitted thereof. He was, however, found guilty of the offence under S. 302 of the Indian Penal Code, convicted thereunder and sentenced to imprisonment for life. The aggrieved appellant-accused resorted to the present action against the abovesaid conviction and sentence. 2. Brief facts are - (a) One Kalidoss (since deceased) was a resident of Malavannarapettai situate within the jurisdictional limits of Woraiyur Police Station. The accused also hails from the same place. (b) Some 15 days prior to the occurrence, which event happened on the 15th December, 1985, the accused was sleeping over a hollock in the vicinity of Melavannarapettai. At that time, he w...
Bharwani Vs. Collector of Customs, Madras
Court: Chennai
Decided on: Mar-10-1994
Reported in: 1994(46)ECC208; 1995(79)ELT402(Mad)
ORDER1. The petitioner had come to India to show her new-born child which was only about seven months old to her parents. It is stated that her husband is well-placed in life and she was carrying sufficient funds for her stay in India with her parents. The journey from Tokyo to Madras had taken an unduly long time and the petitioner had been re-routed through Colombo due to certain unavoidable reasons. At the time when she arrived at the Madras Air-Port, she is said to have been in a condition of exhaustion and was in a hurry to get though the Customs. She was wearing and having in the baggage, gold and diamond-studded jewellery and had not declared the same to the authorities. According to the petitioner there was no ulterior motive for the non-declaration of the jewellery. By an order dated 7-7-1989, (sic) the Additional Collector of Customs confiscated the gold jewellery weighing 52 grams valued at Rs. 4,680 and diamond-studded jewellery valued at Rs. 25,400 under Section 111(d) and...
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