Chennai Court April 1994 Judgments
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A.K. Kothandarama Rao Vs. Venkatachala Udayar
Court: Chennai
Decided on: Apr-22-1994
Reported in: AIR1994Mad210
ORDER1. This civil revision petition is directed against the order passed in O.P. No. 294 of 1987 on the file of the Special Deputy Collector (Revenue Court) Coimbatore. Short facy are : The revision Petitioner-had filed a petition under sub-section (a) of Section 3 of the Madras Cultivating Tenants Protection Act against the respondent praying eviction on the ground of wilful default in payment of rent for the period from faslis 1383 to 1397. which is valued at Rs.70,125/-. That was resisted by the respondent on the ground that for the three faslis immediately preceding the petition, the value of the arrears of rent payable was Rs. 9,450/-, that during this period Rs.4,725/- was paid and balance was only Rs. 4,725/- and that he is prepared to pay whatever be the value of the arrears of rent payable by the respondent. After enquiry, the Special Deputy Collector had found that the respondent is liable to pay Rs.9,200/- towards the value of arrears oflease paddy for three years, precedin...
The Regional Transport Authority, Namakkal Region Vs. State Transport ...
Court: Chennai
Decided on: Apr-22-1994
Reported in: AIR1995Mad226
ORDER1. The Regional Transport Authority, Namakkal Region (Collector of Salem) has filed all the three writ petitions. Originally, the petitioner filed three Civil Revision Petitions in CR.P.S.R.Nos. 19698, 19695 and 19701 of 1994 under Art. 227 of the Constitution challenging the order of the Stale Transport Appellate Tribunal, Madras (hereinafter referred to as the Tribunal) dated 25-1-1994 in Appeal No. 340 of 1993, order dated 31-l-1994 in Appeal No. 17 of 1991 and order dated 29-12-1993 in Appeal No. 341 of 1993 respectively. In all these cases, the applications of the respective 2nd respondent herein for grant of stage carriage permit were rejected by the petitioner herein. The respective 2nd respondent filed appeals before the Tribunal to set aside the orders of the petitioner. The Tribunal, on a consideration of the entire materials on record, allowed the appeals, set aside the orders of the petitionerand granted the reliefs to the respective 2nd respondent.2. Aggrieved against...
Dr. Kanchana Kamalanathan Vs. Nagaraj
Court: Chennai
Decided on: Apr-22-1994
Reported in: [1995]84CompCas959(Mad)
Pratap Singh, J.1. The accused in C.C. No. 15 of 1993 on the file of the Chief Judicial Magistrate, Krishnagiri, has 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 a complaint against the petitioner for an offence under section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') and the allegations in it are briefly as follows : As per the request made by the accused, the complainant paid Rs. 15,000 on April 15, 1992, as a loan to the accused. The complainant demanded this amount from the accused in June, 1992. Thereupon the accused issued a cheque for Rs. 15,000 on June 16, 1992, in favour of the complainant. The complainant presented the cheque on June 24, 1992, for collection. It had been returned dishonoured for the reason 'not arranged for' and 'property not marked' by bank memo dated June 24, 1992. The compla...
A. Raman Vs. Fourth Income-tax Officer and Another
Court: Chennai
Decided on: Apr-22-1994
Reported in: [1995]212ITR81(Mad)
Somasundaram, J. 1. The petitioner is an assessee on the file of the first respondent. His case is that for the assessment years 1968-69 to 1975-76, he filed returns under section 139 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), voluntarily declaring an income of Rs. 12,300, Rs. 12,300, Rs. 10,300, Rs. 10,300, Rs. 10,300, Rs. 10,300, Rs. 10,300, and Rs. 18,500, respectively. The Income-tax Officer made assessments for the above assessment years at Rs. 22,450, Rs. 22,450, Rs. 10,300, Rs. 10,300, Rs. 10,300, Rs. 16,300 and Rs. 18,500 and made a demand a Rs. 4,022, Rs. 3,338, Rs. 386, Rs. 606, Rs. 606, Rs. 606, Rs. 1,028 and Rs. 935, respectively. For the above assessment years, the Income-tax Officer levied interest under section 139(8) of the Act at Rs. 3,410, Rs. 2,516, Rs. 210, Rs. 360, Rs. 312, Rs. 240, Rs. 280 and Rs. 140; under section 217 of the Act at Rs. 2,820, Rs. 2,126, Rs. 260, Rs. 426, Rs. 336, Rs. 252, Rs. 320 and Rs. 180 and penalty under section 271...
K. Arumughavelu Vs. Tamil Nadu Electricity Board and ors.
Court: Chennai
Decided on: Apr-22-1994
Reported in: (1995)IILLJ1011Mad
ORDERSrinivasan, J.1. This writ petition is for the issue of a writ of Certiorarified Mandamus calling for the record relating to the charge sheets memo No. EEC/EMD/Asst./FP/R/R. 2137/90 dated June 21, 1990 and memo No. EE/C/Asst/F.DP/R. 1525/91 dated May 8, 1991 and show cause notice memo No. CE/Hg/PA/F2/79/92 dated May 5, 1992 and endt. No-EEC/EMD/IAI/.......... FPF/R690/91 dated March 7, 1991 rejecting his notice of retirement on the file of the 1st respondent and quash the same and direct the 3rd respondent to declare the petitioner's retirement as final and effective from the afternoon of February 28, 1991 and pay the pension from March 1, 1991 and also retirement benefits payable to the petitioner under rules.2. The petitioner was a licenciate in Civil Engineering, He joined as Special Officer (Civil) in Tamil Nadu Electricity Board on September 23, 1961 at Tirunelveli. He was promoted as Assistant Executive Engineer, Salem, in 1979. Ultimately he was posted to Porthimand Dam sit...
K.M.A. Abdul Kabeer Vs. Special Directory, Enforcement Directorate and ...
Court: Chennai
Decided on: Apr-21-1994
Reported in: [1995]82CompCas526(Mad)
Kanakaraj, J. 1. The petitioner in both the writ petitions is one and the same and the two reliefs sought for the two petitions arise out of the same facts. I, therefore, proceed to dispose of the writ petitions by a common order. The facts are as follows : The Officers of Enforcement Directorate searched the residential premises of the petitioner, in exercise of the power conferred under section 34 of the Foreign Exchange Regulation Act, 1973 (hereinafter called the 'FERA'). They seized India currency of Rs. 1,65,000 which was kept in a wooden almirah under a mahazar August 18, 1992. A statement is said to have been recorded from the petitioner, by using force and exercising coercion, and the said statement was subsequently retracted by a letter dated August 21, 1992. It is not necessary for this court to go into the question as to the character of possession of the currencies and whether the same was acquired in lawful manner or not. While Writ Petition No. 1279 of 1994 relates to th...
Ramsingh Amarsingh and Others Vs. Kandasamy Textiles
Court: Chennai
Decided on: Apr-21-1994
Reported in: [1995]84CompCas745(Mad)
Pratap Singh, J.1. The accused in C.C. No. 24 of 1993 on the file of the Chief Judicial Magistrate, Salem, have filed this petition under section 482 of the Criminal Procedure Code, 1973, praying to call for the records in the said proceedings and quash the same. 2. The short facts are : The respondent has filed a private complaint against the accused/petitioners for an offence under section 138 of the Negotiable Instruments Act, 1881 (which I shall hereafter refer to as 'the Act'). The allegations in it are briefly as follows : The first accused is a partnership firm in which accused Nos. 2 to 5 are partners and they are jointly looking after the affairs of the first accused firm. Accused Nos. 2 to 5 wanted to have a loan facility with the complainant. So, they jointly executed a letter on May 19, 1992, in favour of the complainant agreeing to bind themselves jointly and severally for any of the borrowings to be made by them from the complainant. In pursuance of the said guarantee let...
V.D. Vinodhan Vs. A.H. Krishnan
Court: Chennai
Decided on: Apr-21-1994
Reported in: [1995]84CompCas947(Mad)
Pratap Singh, J.1. The accused in C.C. No. 129 of 1990 on the file of the Judicial Magistrate No. VII, Coimbatore, has filed this petition under section 482 of the Criminal Procedure Code, 1973, to call for the records and quash the same.2. The short facts : The respondent has filed a private complaint against the petitioner for an offence under section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred to as 'the Act'). The allegations in the complaint are briefly as follows : The complainant is a manager of the firm, Indian Commercial Syndicate. The accused had transactions with the complainant and had a balance of Rs. 69,758 payable to the complainant during the transaction. On November 30, 1989, the accused issued two cheques in favour of the complainant's firm, each for Rs. 25,000. The complainant presented the said cheques for encashment on November 30, 1989. Both the cheques were returned by the bank on December 19, 1989, with an endorsement 'payment stopped...
K.M.A. Abdul Kabeer Vs. Enforcement Directorate
Court: Chennai
Decided on: Apr-21-1994
Reported in: 1994(72)ELT826(Mad)
1. The petitioner in both the writ petitions are one and the same and the two reliefs sought for in the two petitions arise out of the same facts. I therefore, proceed to dispose of the writ petitions by a common order. The facts are as follows :- The Officers of Enforcement Directorate searched the residential premises of the petitioner, in exercise of the powers conferred under Section 34 of the Foreign Exchange Regulation Act, 1973 (hereinafter called the FERA Act). They seized Indian Currency of Rs. 1,65,000/- which was kept in a wooden almirah under a Mahazar on 18-8-1992. A statement is said to have been recorded from the petitioner, by using force and exercising coercion, and the said statement was subsequently retracted by a latter dated 21-8-1992. It is not necessary for this Court to go into the question as to the character of possession of the currencies and whether the same was acquired in a lawful manner or not. While W.P. No. 1279 of 1994 relates to the power to retain th...
M. Ranka Vs. State of Tamil Nadu Represented by the Secretary to the G ...
Court: Chennai
Decided on: Apr-21-1994
Reported in: (1994)2MLJ281
Srinivasan, J.1. It is time we lifted the Language curtain which has descended crise-cross across India so that the Indian can understand another Indian. St. Paul said in his First Epistle to the Corinthians (XIV. 11), 'Therefore if I know not the meaning of the voice, I shall be unto him that speaketh a barbarian, and he that speaketh shall be a common tongue, whatever it be. We may take pride in our mother tongue. We may in the locality, town or region from where we come. But let us above all prides take pride in being Indians.' So said Madon, J. in G.K. Dudani v. S.D. Sharma : [1986]2SCR250 . But, the patriotic wisdom enshrined in the above observation does not help us in this case in deciding the validity of a legislative enactment and a Governmental notification issued thereunder. We have to bear in mind that courts cannot substitute their social and economic beliefs for the judgment of the legislative bodies. We have to decide this case by constitutional measurement free of emoti...
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