Chennai Court March 1994 Judgments
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S. Muthu Kumar Vs. the State
Court: Chennai
Decided on: Mar-08-1994
Reported in: 1995CriLJ350
ORDER1. The accused concerned in Cr. No. 404/91 of the respondent Police Station has filed this petition under section 482 Cr.P.C. Praying to call for the records in the above case and quash the same. 2. Short facts are :- One Devadoss gave the First Information Report before the respondent Police. The allegations in it are briefly as follows :- The complainant is doing business under the name and style of Devadoss Family Aid Corporation at Tirunelveli. On 3-4-1991, the accused purchased goods for a sum of Rs. 68,224/-. In spite of the fact that he had not arranged for payment of as much amount, he issued cheque on 3-4-91, post dating it as 3-6-1991. Because of the false representation that the cheque will be honoured in due course, the complainant gave him goods on credit basis on 3-4-91. Thus the accused has fraudulently and dishonestly induced the complainant to deliver goods to him on the pretext of issuing the said cheque knowing fully well that cheque will not be honoured. The ac...
T. Krishnamoorthy Vs. Management of Indian Bank and ors.
Court: Chennai
Decided on: Mar-08-1994
Reported in: (1995)ILLJ816Mad
ORDERBakthavatsalam, J.1. The petitioner challenges an order of punishment of reduction of basic pay by one stage in the time-scale for a period of two years, with effect from May 1, 1986 dated April 30, 1986 and also simultaneous transferring the petitioner to Voimedu branch.2. It may be immediately stated that since the petitioner has retired from service the prayer of the petitioner, in so far as the prayer with regard to the order of transfer had become infructuous and as such only the question about the reduction of basic pay alone has to be considered.3. The facts are:The petitioner has been working as an appraiser/clerk/shroff at Indian Bank, Nidaman-galam branch. A charge-memo was issued to the petitioner on January 3, 1986, relating to 19 transactions which reveal that the transactions had been engineered to accommodate the petitioner with the loan amounts at cheaper rate of interest and with a view to circumvent bank's rules and guidelines governing the jewel loans to staff m...
T.S. Sankaranarayanan Vs. the High Court of Judicature Represented by ...
Court: Chennai
Decided on: Mar-08-1994
Reported in: (1994)2MLJ168
ORDER1. The petitioner joined the Tamil nadu State Judicial Service as a District Munsif. In due time he was promoted as a Subordinate Judge Grade II and then as a District Judge, Grade I. He has put in a total number of 24 years of service. While he was serving as a District and Sessions Judge, of Ramanathapuram at Madurai, he was served with a Confidential Official Memorandum dated 18.2.1991 asking him to show cause why disciplinary action should not be taken against him on the basis of certain allegations which were catalogued, as 18 in number. This memorandum was issued by the two Hon'ble Judges of the High Court (here in after called 'the Hon'ble Enquiring Judges'). He submitted his explanation on 253.1991. By a communication dated 18.2.1991 the Hon'ble Enquiring Judges held that the explanation was not satisfactory and proceeded to frame 18 charges against the petitioner. We do not propose to set out the 18 charges because we are upholding a jurisdiction issue raised by the petit...
Panchugurumurthy Vs. Commissioner of Income-tax and Another
Court: Chennai
Decided on: Mar-07-1994
Reported in: [1995]217ITR51(Mad)
Raju, J. 1. These two writ petitions may be dealt with together, since they relate to almost the same subject-matter, though in respect of two different writ petitions with different reliefs pertaining to the different stages of action. 2. Writ Petition No. 21200 of 1993 has been filed for a writ of mandamus directing the respondents to return the cash of Rs. 2,29,579, the jewellery and diamonds together with interest at 15 per cent. per annum. The petitioner claims that he was employed in the Andhra Expression Service Private Limited, having its registered office at Bombay-400 002, that he was working as a courier for carrying parcels between Hyderabad and Madras on behalf of the company, that he had carried parcels from Hyderabad to Madras on November 3, 1986, and the police intercepted him and searched the packets, which were claimed to have been entrusted to the petitioner for carrying and, ultimately they were found to contain cash of Rs. 2,29,579 and some other valuables in other...
Narasimhan Vs. Ponnammal and ors.
Court: Chennai
Decided on: Mar-07-1994
Reported in: I(1995)DMC268
K.A. Swami, J.1. The only point that arises for consideration in these to appeals, is, whether Perumal Gounder could have disposed of the properties belonging to Sadachi Ammal. The facts necessary for the purpose of deciding this point, are, as found by the two Courts below, as follows :2. One Ponnusamy Gounder was the prepositus of the family. He had a wife by name Sadachi. The suit properties are the ancestral properties. Ponnusamy Gounder died in the year 1950, whereas Sadachi died in the year 1970. Ponnusami was survived by Sadachi, one son by name Perumal Gounder and two daughters, Aadal and Janki. Perumal Gounder also died subsequent to 1970, leaving behind him, his widow Ponnammal and two sons, Narasimhan and Natarajan. Natarajan is no more. Andal has a son by name Raman. Original Suit No. 77 of 1981 was filed in the Sub Court Tiruvannamalai by Andal and Janaki against Perumal Gounder, Ponnammal, Narasimhan and Lakshmi for partition and separate possession of their share in the ...
The Authorised Officer/Deputy Collector (Revenue) Under the Pondicherr ...
Court: Chennai
Decided on: Mar-04-1994
Reported in: (1994)2MLJ415
ORDERMishra, J.1. The petitioner herein has claimed ownership of an extent of 1.891 standard hectares. She has alleged that she held the same as her shreedhana acquired exclusively from the funds that she raised out of the presents given to her at the time of her marriage with Kesava Reddiar. She has stated that when the proceedings started under the Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 (hereinafter referred to as the Act), her husband alone was subjected to the proceeding and although the two items of properties that belonged to her were included in the said proceeding, she was not served with any notice of the draft statement and other things, as contemplated under Section 9(5) of the Act. She was aware of the proceeding against her husband, but she was unaware that her lands were also included in those proceedings. She however learnt only on 30.3.1992 that her husband was found to have held lands in excess of the ceiling area and that in the lands held in...
T. Santhana Kesari Vs. Kathija Bai, Represented by Power of Attorney A ...
Court: Chennai
Decided on: Mar-04-1994
Reported in: (1994)2MLJ413
ORDERThangamani, J.1. The revision petitioner is the defendant in O.S. No. 291 of 1991 in the Court of District Munsif of Udhagamandalam. The respondent/plaintiff instituted the suit for ejectment in respect of Order 03 cents in R.S. No. 1772/4 of Ootacamund Town together with superstructure thereon stating that the revision petitioner is a tenant in occupation of the premises under a registered lease deed dated 1.4.1976, that he continues as a tenant by holding over and that as per the terms of the lease deed the lessee is not entitled to remove the superstructure put up by him on determination of lease. The revision petitioner though admitted that the construction was made as per the terms of the lease, pleaded in his written statement that the lease of the suit land is governed by the provisions of Madras City Tenants Protection Act and that he has already filed O.P. No. 3 of 1991 under Section 9 of the City Tenants' Protection Act for appropriate relief. He also contended that the ...
Seshasayee Paper and Board Ltd. Vs. the Appellate Committe Constituted ...
Court: Chennai
Decided on: Mar-04-1994
Reported in: (1994)2MLJ394
ORDERMishra, J.1. The writ petitioner has questioned the validity of the levy imposed upon it by the respondents under the provisions of the Water (Prevention and Control of Pollution) Cess Act, (36 of 1977). It has claimed that it is a scheduled industry, covered under item 11 of Schedule I to the Act. The Government of Tamil Nadu is authorised under Section 4of the Act to appoint and constitute a State Board with effect from such date, being a date not later than six months of the commencement of the Act in the State, under such name as may be specified in the notification and the Government has exercised the said power and constituted a Board originally known as Tamil Nadu Prevention and Control of Water Pollution Board and now known as Tamil Nadu Pollution Control Board (represented by the second respondent herein), vide notification G.O.Ms. No. 340, Health and Family Welfare Department, dated 19.2.1982, to function with effect from 27.2.1982 onwards. According to the petitioner, a...
B. Devadanam Vs. District Collector, Coimbatore and Others
Court: Chennai
Decided on: Mar-03-1994
Reported in: AIR1995Mad94
ORDER1. The prayer in the writ petition is to issue a writ of certified mandamus, calling for the records in N.K. No. 36769/ 91/OW-3, on the file of the first Respondent and quash the order dated 25-9-1991 made thereon as illegal, null and void and consequently direct the second respondent to permit the petitioner to continue his studies in the Sankara Institute of Technology --second respondent herein.2. The petitioner joined the second respondent Institute, in a three year diploma course, (Electronics). It seems that the petitioner's parents belong to the State of Kerala and the petitioner's father was working as a Scientist in the Botanical Survey of India, Coimbatore since 1965, and as such the petitioner studied at St. Thomas High School Coimbatore from the first standard till the Completion of plus two course, and thereafter he got admission in the second respondent Institute, on the basis of a community certificate issued by the Deputy Tahsildar North on 28-3-1989 wherein he was...
Karadi Alias Sekar Vs. State of Tamil Nadu and Another
Court: Chennai
Decided on: Mar-03-1994
Reported in: 1994CriLJ3009
Srinivasan, J.1. In this petition, the petitioner challenges the validity of the detention order passed in Criminal MP No. 8 of 1994 by the second respondent under Tamil Nadu Act 14 of 1982. The petitioner was involved in four adverse cases, three of them under Section 4(1)(i) and one under section 4(1)(a) of the Tamil Nadu Prohibition Act. He was convicted in all the four cases. On 10-1-1994, on the instructions of the Deputy Superintendent of Police, Prohibition Enforcement Wing, Karur along with his police party conducted a prohibition raid near the funeral shed at Brahmatheertham Road, old Bus Stand in Karur Town, when he found the petitioner sitting at the said place, which is a public place, having a black plastic can, pouring something in a glass tumbler and receiving money from an unknown buyer. On seeing the police party, the unknown buyer dropped the glass tumbler and, fled away and efforts were taken to secure him, but they proved futile. The petitioner was arrested. On exam...
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