Chennai Court April 1994 Judgments
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The Superintending Engineer, T.N.U. D.P., Madras Circle and Another Vs ...
Court: Chennai
Decided on: Apr-08-1994
Reported in: AIR1994Mad217
ORDER1. These petitions O.Ps. 40, 47 and 62/94 have been filed under Section 30 of the Arbitration Act to set aside the awards. The averments in all these petitions are common except the number of agreement and the value of the work.2. The petitioners Tamil Nadu Housing Board entrusted the constructions work with the second respondent contractor and for the agreement bearing No. WBR/51/90-9! dated 19-3-1991, the value of the contract given to the second respondent was Rs. 55,41,702 and the work had to be completed 'within 12 months from the date of handing over the site. O.P. No. 40/94 relates to this work.3. O.P. No. 47 of 1994 relates to the contract work under the agreement No.WBCR/60/90-91 dated 23-2-1991 and the value of the work covered tinder this agreement was Rs. 10.74 lakhs. The period of contract was 4 months from the date of handing over the site.4. O.P. No. 62 of 1994 relates to the agreement No. 11 /89-90 dated 28-6-1989 and the value of the work covered under the contrac...
J.R. Offset Printers or Partnership Firm, Represented by Its Partner M ...
Court: Chennai
Decided on: Apr-08-1994
Reported in: 1994ACJ1294; (1995)IILLJ1017Mad
ORDERBakthavatsalam, J.1. The petitioner, who is an employer has come up before this Court against the order dated 10-12-1993 passed under Sub-sec. (2) of Sec. 11 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') by the first respondent in W. C. No. 143 of 1993. The second respondent claimed compensation from the petitioner for the injuries alleged to have been sustained by him in an accident that arose out of and in the course of the employment by the petitioner. IT seems that the accident took place on 30.6.1992. The second respondent was admitted as an inpatient from 30.6.1992 to 30.7.1992 and due to the accident the left hand middle finger of the 2nd respondent was totally amputated and also amputation was made on the index finger and little finger of the 2nd respondent. It seems that asking grafting was also done in the index finger and middle finger of the 2nd respondent and that after getting a long course of treatment, the permanent disability of th...
G. Ramarajan Vs. Neyveli Lignite Corporation Limited and anr.
Court: Chennai
Decided on: Apr-08-1994
Reported in: (1994)2MLJ176
ORDERRaju, J.1. The above writ petition has been filed for a writ of mandamus directing the respondents to appoint the petitioner in a suitable post on compassionate grounds, in the service of the respondent.2. The petitioner claims that his father late P. Chakravarthy was employed as a sainik/security branch in the respondent-Corporation, that he was appointed in the year 1969 and that he died in harness on 14.2.1982 and his C.P.F. No. was 17053 and his badge number was 17. The petitioner also claims that at the time of his father's death he was thirteen years old, that he has successfully completed the Higher Secondary Examination and that is now doing the B.Com, course first year by correspondence and has a driving license and a conductor's licence. He has also registered himself in the employment exchange in the year 1985 and his registration No. is 17300/88. He states further that he applied for a job in the respondent Corporation on compassionate grounds and that he was called fo...
Sikkander Tulkarnai Vs. P. Syed Abdul Kader Alias Thaikka
Court: Chennai
Decided on: Apr-08-1994
Reported in: (1994)2MLJ248
ORDERPratap Singh, J.1. This civil revision petition is directed against the judgment in R.C.A. No. 25 of 1991 on the file of the appellate authority (Principal Subordinate Judge), Madurai by which the learned appellate authority had allowed the appeal, reversing the judgment in R.C.A. No. 410 of 1084 on the file of the Rent Controller, Madurai.2. Short facts are : The respondent has filed a petition against the petitioner under Section 10(3)(a) of the Tamil Nadti Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as 'the Rent Cohtror Act') for an order of eviction on the ground that the house, mentioned in the petition, was let out to the tenant, that the tenant is in occupation of the same, and that he requires it bona fide for his family's own occupation. His claim was resisted by the tenant on the ground that there was an oral agreement, that he could continue to occupy the building, as long as he desires, that the requirement of the petitioner is riot bona fide,...
Jayaraman Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Apr-08-1994
Reported in: (1994)2MLJ470
ORDERThangamani, J.1. The revision petitioner is the fourth defendant in O.S. No. 546 of 1989 in the Court of the District Munsif of Thiruthuraipoondi. The fifth respondent/plaintiff instituted that suit for a declaration that he is the Manager of one Muslim Minority Educational Institution known as Valluvar Aided Elementary School, Vittukatti, Thiruthuraipoondi Taluk and for a permanent injunction restraining the Secretary Education Department, District Educational Officer, Pattukottai and Deputy Inspector of Schools, Thiruthuraipoondi, present revision petitioner Jayaraman and one Murugesan who are defendants 1 to 4 respectively from interfering with his right of management in the administration of the said institution. His case is that his father was the founder and Manager of the said elementary school. He established and administered the same till his death on 17.4.1987 After his demise in a family arrangement plaintiff took over the management of the said Institution. As headmast...
Kothari Industrial Corporation Ltd. Vs. Lazor Detergents (P.) Ltd. and ...
Court: Chennai
Decided on: Apr-07-1994
Reported in: [1994]81CompCas669(Mad)
Swamidurai, J. 1. These appeals are filed against the common order dated October 20, 1993, passed by the Company Law Board, Southern Region Bench at Madras, in C.P. Nos. 1 to 11/111/SRB of 1993. The first set of appeals, namely, C.M.A. Nos. 1245 to 1251 of 1993, have been filed by Kothari Industrial Corporation Limited being partly aggrieved by the decision of the Company Law Board. The appeals filed by the Kothari Industrial Corporation Limited are against (a) direction of the Company Law Board to the company to allot the debentures/shares to the first respondent in respect of shares covered in list A and C of annexure I of the order even though the Company Law Board has ordered rectification in respect of the said shares by removing the name of the first respondent in respect of those shares, and (b) the direction of the Company Law Board to the company to continue to have the name of the first respondent in its register of members and not in ordering rectification in respect of the ...
Ramchandran Alias Vethu Vs. the State
Court: Chennai
Decided on: Apr-07-1994
Reported in: 1995(1)ALT(Cri)384; 1994CriLJ2741
Janarthanam, J.1. The appellant was the accused in S.C. No. 108 of 1985 on the file of court of Session, East Thanjavur Division at Nagapattinam. He was found guilty under section 302 IPC, convicted thereunder and sentenced to imprisonment for life. Aggrieved by the said conviction and sentence, the present action had been resorted to. 2. Brief facts are :- (a) One Kanagasabai (since deceased) was a resident of Peruncheri village, which lies within the jurisdiction of Perumber police station. He was an agricultural labourer. P.Ws. 1 and 2 are his brothers. P.W. 1 is a milk vendor by profession, while P.W. 2, like his deceased brother, is an agricultural labourer. All the three brothers reside separately, in independent houses, situate adjacent to each other, in a row in the same street. (b) The accused, namely, Ramachandran alias Kullavathu also hails from the same village. He has been eaking out his livelihood by running a tea stall. The said tea stall is forming part and parcel of h...
K.K. Anandam Ammal Vs. Union of India and Others
Court: Chennai
Decided on: Apr-07-1994
Reported in: (1995)126CTR(Mad)233; [1995]212ITR9(Mad)
K.A. Swami, C.J. 1. In this petition under article 226 of the Constitution of India, the petitioner has sought for a declaration that the provisions of Chapter XXC of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), introduced by the Finance Act, 1986, brought into force with effect from October 1, 1986, and rule 48L of the Income-tax Rules, 1962 (hereinafter referred to as 'the Rules'), introduced by the Income-tax (Seventh Amendment) Rules, 1986, which was also brought into force on October 1, 1986, and also the provisions of section 269UD of the Act, are unconstitutional, illegal, void and unenforceable. The petitioner has also sought for the issue of a writ of certiorarified mandamus, to call for the records comprised in the proceedings of the second respondent in A. A./MDS/10(46)/12/86-87, dated December 9, 1986, and quash the same and consequently to direct respondents Nos. 1 to 3 to redeliver possession of the property bearing Door No. 98, Oliver Road, Mylapore, ...
Chennai Bottling Company Pvt. Ltd. Vs. Asstt. Collr. C.Ex., Madras-iv
Court: Chennai
Decided on: Apr-07-1994
Reported in: 1994(74)ELT222(Mad)
ORDER1. These two Writ Petitions may be considered and dealt with together, since they involve for determination common issues and the parties are also one and the same and counsel appearing on either side are also the same. 2. W.P. No. 11725 of 1983 has been filed for a writ of certiorari to call for the records of the third-respondent and quash the order dated 8-8-1983, confirming the order of the second-respondent dated 21-8-1981. Under the orders of the Collector of Central Excise dated 21-8-1981, the excess refund of a sum of Rs. 1,31,250/- earlier made, was directed to be remitted back to the State. Aggrieved, the petitioner has approached the Central Government and with the constitution of the Tribunal, the matter has been placed before the Tribunal. The Tribunal held that the correct assessable value is Rs. 12/- per crate of 24 bottles and not Rs. 9.60 per crate, as claimed by the petitioner. 3. So far as W.P. No. 11726 of 1983 is concerned, the same has been filed for a writ o...
K. Kanakarathnam Vs. A. Perumal and Another
Court: Chennai
Decided on: Apr-06-1994
Reported in: AIR1994Mad247
ORDERAbdul Hadi, J.1. The Second Appeal 617 of 1993 and L. P. Appeal 245 of 1993 are connected proceedings and hence they are taken up together. Parties in both the proceedings are one and the same and so, they will be referred to herein as per their respective ranks in O. S. 2421 of 1988 on the file of 4th Assistant Judge, City Civil Court, Madras (hereinafter referred to as 'formal suit') out of which the above second appeal arises.2. Defendant in the said former suit (Kanakarathinam) is the appellant in the second appeal, which has been preferred against the reversing judgment and decree, dated 16-3-1993 in favour of the plaintiffs 1 and 2 therein (respondents herein), passed in A.S. 254 of 1992 on the file of 5th Additional Judge, City Civil Court, Madras, The said former suit which was dismissed by the trial court is for declaration of plaintiffs' title to the suit house bearing Door No. 243, Arcot Road, Vadapalani, Madras pursuant to the registered settlement deed dated 7-6-1973 ...
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