Chennai Court April 1995 Judgments
Kameetha Banu Vs. Joint Secretary to Govt. of India
Court: Chennai
Decided on: Apr-24-1995
Reported in: 1995(2)CTC204; 1996(53)ECC38
ORDER1. One Kameetha Banu (petitioner) is the wife of the detenu, V.M. Abdul Karim. The detenu, it is said, came to Anna International Airport, Madras on 11.8.1994 to go to Singapore. After immigration, he was intercepted and searched. On his pocket, there were Singapore dollar of Rs. 150, besides 400 U.S. Dollars. In the baggage there was a tin with marking 'Aavin Ghee'. In the said tin, there were large number of foreign currencies of various countries kept concealed. On 12.8.1994, the detenu, it is said, gave a voluntary confessional statement disclosing his activities and how he came to possess the said Singapore dollars and foreign currencies. After recording his confessional statement, he was arrested and remanded to custody. On 30.8.1994, the detenu, it is said, got released on bail.2. The sponsoring authority, in order to preventively detain him under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Act 52 of 1974 - as amend...
Tag this Judgment!The Tanjore Co-operative Marketing Federation, Represented by Its Secr ...
Court: Chennai
Decided on: Apr-24-1995
Reported in: (1995)2MLJ399
ORDERGovardhan, J.1. Plaintiff is the appellant.2. The averments in the plaint are briefly as follows: The plaintiff Federation was found under the Tamil Nadu Co-operative Societies Act with the object of procuring rice and paddy from Thanjavur District. The plaintiff has number of branches throughout Thanjavur District. It used to procure paddy directly or through its branches and send the same to the Government. The paddy or rice procured will be bagged, weighted and loaded in the Railway Wagons. Special Deputy Tahsildars appointed by the defendant used to take samples of the consignment in the Railway Station. They also used to weigh the consignment and issue a certificate. The consignment will be loaded at railway wagons in the presence of Government Officials and the wagons would be sealed. Railway Receipt will be taken in the name of the person to whom the consignments were despatched and handed over to the Special Deputy Tahsildar. After the inspection of the consignment, rate w...
Tag this Judgment!K. Jasmine Kirubakani Vs. K. Balasundaram
Court: Chennai
Decided on: Apr-21-1995
Reported in: AIR1996Mad105; I(1996)DMC456; (1995)IIMLJ418
ORDER1. This petition coining on for hearing on Friday, the twenty fourth day of February, 1995, upon perusing the petition, the order of the Court below and upon hearing the arguments of Mr. K. Govinda-rajan. Advocate, for the petitioner and of Mr. A. Shanmughavcl, for M. s. M. Balasubra-manian and V. Meenakshisundaram, Advo-cale for the respondent, and having stood over for considei ation till this day, the Court made the following order: -The above revision has been filed against the order of the learned District Judge, Tulicorin dated 14-10-1993 in I.A. No. 61 of 1993 in l.D.O.P. No. 22 of 1992 whereunderthe application filed by the respondent/husband, petitioner in the Court below to direct the petitioner herein to a psychologist or a pane of psychologists at Madurai Rajaji Medical College Hospital, Madurai, for assessment of I.Q. (Intelligence Quotient) and the level of intelligence. The said application came to be allowed by the Court below on 14-10-1993.2. The respondent herein...
Tag this Judgment!Suryanarayana Paper and Boards Pvt. Ltd. and Others Vs. V. Padmakumar ...
Court: Chennai
Decided on: Apr-21-1995
Reported in: [1997]88CompCas684(Mad); 1995(2)CTC323
Srinivasan, J. 1. These two revision petitions are against the orders passed by the District Munsiff, Udumalaipet, in I.A. Nos. 266 and 267 of 1995 granting and interim injunction at the time of ordering notice on January 31, 1995. In I.A. No. 266 of 1995, the injunction was for restraining the respondents from taking any steps to delete article 16 of the articles of association of the first respondent company in violation of the rights of the plaintiffs under the said articles. In I.A. No. 267 of 1995, the injunction was for restraining respondents Nos. 2 to 6 from transferring the shares held by them in the first respondent company to any persons without offering them in the first instance to the plaintiffs and for restraining the company from registering or giving any effect to the transfer of such shares. In both the applications, the orders passed are in the following terms : 'Heard and perused. Issue notice with copy of documents. Ad interim injunction granted till February 9, 19...
Tag this Judgment!S. Jothilingam and 46 ors. Vs. the State Rep., by the Deputy Superinte ...
Court: Chennai
Decided on: Apr-21-1995
Reported in: 1995(2)CTC295
ORDERShivappa, J.1. Petitioners are seeking for quashing the proceedings in Crime No. 762 of 1987 on the file of the Judicial I Class Magistrate, Erode. The case of the petitioners is that the 9th petitioner is the Manager of 'Daily Thanthi', a Tamil daily newspaper having wide circulation in Tamil Nadu. 'Dinamalar' is another Tamil daily newspaper also published from five centres at various places in Tamil Nadu. In the Sunday Supplement issue of 'Dinamalar' dated 11.10.1987, an article had been published under the heading- 'Tamils.' Do not sleep. It was an article criticising the weekly magazine 'Rani' the said article aimed at ridiculing the Founder of 'Dina Thanthi' the late Thiru Si.Pa. Athithanar, contained certain imputations on the founder, which were perse scurrillous. The said weekly magazine, viz. 'Rani' is in the habit of calling its Founder as 'the Father of the Tamils', 'Do the respectable five crores of Tamils have one father? Does it not sound obscene?' The imputations s...
Tag this Judgment!TuticorIn Stevedores Association Vs. Deputy Commissioner for Labour (C ...
Court: Chennai
Decided on: Apr-21-1995
Reported in: I(1996)ACC199
C.V. Govardhan, J.1. This appeal is against the order passed by the Deputy Commissioner for Labour (Commissioner for Workmen's Compensation), Tirunelveli, dated 25.9.1987.2. The applicants are the sons of one Chinnasamy Thevar who was employed under the opposite party as a loadman in harbour at Tuticorin. On 17.12.1985, during the course of his employment, he fell down on account of the crane sling hitting him and became unconscious. He was admitted in the private hospital of one Rajan and discharged on 4.4.1986. He reported to duty on 5.4.1986. Subsequently, he has taken treatment from 7.4.1986 to 13.4.1986 under one Dr. Madhipraka-sam. He was again admitted in the hospital of Rajan on 14.4.1986. On 4.5.1986, he died. Deceased Chinnasamy was aged 51 years, drawing an income of Rs. 950/-per month. Hence, the claim is made for Rs. 56,875/-.3. The opposite party in his counter has stated that the death of Chinnasamy was not on account of the accident that took place on 17.12.1985 and the...
Tag this Judgment!T. Paulraj Vs. the District Collector, Kanyakumari, District at Nagerc ...
Court: Chennai
Decided on: Apr-20-1995
Reported in: AIR1996Mad84
ORDERK. A. Swami, C. J. 1. This appeal is preferred against the order dated 13th October, 1993 by the learned single Judge in W. P. No. 8242 of 1992.2. In the Writ Petition, the Petitioner sought for issue of a Writ in the nature of mandamus directing the respondent No. 1 to confirm the auction held on 31-3-1992 regarding a mining lease of an area comprised in S. No, 722; 3 of Nandankulam, Kottaram Village, Kanyakumari District. During the pendency of the Writ Petition, Writ Miscellaneous Petition No. 11926 of 1992 was filed seeking a direction to the respondent to pass order as to confirmation. The learned single Judge by the order dated 16-3-1993 directed the first respondent to pass an order of confirmation, within four weeks from 12-2.-1993. Accordingly, in compliance of the said order, the first respondent confirmed the lease in favour of the petitioner for the period from 1-4-1992 to 31-3-1993. This aspect of the matter was also placed before the learned single Judge in the said ...
Tag this Judgment!Durametallic (India) Ltd. Vs. Assistant Commissioner of Income-tax.
Court: Chennai
Decided on: Apr-20-1995
Reported in: [1995]55ITD181(Mad)
ORDERPer Shri S. Kannan. Accountant Member - 1. to 3. - These paras are not reproduced here as they involved minor issues.4. Issue No. 2 :Relief under the agreement for avoidance of double taxation and prevention of fiscal evasion concluded by the Government of India and Government of Singapore :For the purpose of computing the net chargeable profit of the assessee in accordance with the provisions of the First Schedule of the C.P.S.T. Act, 1964, the Assessing Officer adopted as the starting point the total income of Rs. 1,10,02,540 as determined in the income-tax assessment order dated 20-3-1990 for the assessment year 1987-88. The income-tax payable by the assessee for the said assessment year had been computed at Rs. 51,21,811 as determined below :Income Tax at 50% on the total income of Rs. 1,10,02,540Rs. 55,01,270Less : Relief under Double Taxation Agreement with SingaporeRs. 3,79,459Gross tax payableRs. 51,21,811Now, under Rule 2 of the said Schedule the amount of income-tax paya...
Tag this Judgment!Shameem Ahmed and Etc. Vs. the Egmore Benefit Society Ltd. and Others, ...
Court: Chennai
Decided on: Apr-19-1995
Reported in: AIR1996Mad63
ORDER1. In Application No. 7155/ 1994, the applicant in his affidavit contends as follows : The applicant has filed the suit for declaring that the mortgage deed dated 1-8-1994 created by the respondents 2 to 6 in favour of the first respondent comprising of undivided half share of the applicant in C Schedule property is invalid and illegal. The suit is also for granting permanent injunction restraining the defendants in any manner transferring, alienating or encumbering the said property. The respondents-defendants are residing and carrying on business at Madras. The property is situated outside the jurisdiction of this Court. Hence the application.2. Leave to sue was granted on thisapplication on 14-12-1994.3. The respondents filed A. No. 965/1995 to revoke the leave granted contending as follows : The dispute in question is in respect of land only. No part of cause of action had arisen within the jurisdiction of this Court. Suit in question being one with reference to immovable prop...
Tag this Judgment!J.M. Shah Vs. Income Tax Officer
Court: Chennai
Decided on: Apr-19-1995
Reported in: 1995(2)CTC4
Rengasamy, J. 1. This revision is directed against the conviction and sentence imposed by the learned Sessions Judge, Madras, in C. A. No. 103 of 1991 against the order of conviction imposed by the learned Addl. Chief Metropolitan Magistrate (E. O. I.), Madras, in E. O. C. C. No. 268 of 1989 for the offence under s. 277 of the IT Act, 1961 and ss. 192, 193, 196 and 420 r/w s. 511 of the IPC, 1860. 2. The revision petitioner, who is an IT assessee, is owning a Flat No. 15, Baliah Avenue, Madras, using it for his own occupation. He was also owning a vacant land in Giriyappa Road, Madras. He was showing the notional rental income from the self-occupied house property in his IT returns exhibits P-3 and P-4 filed for 1982-83 and 1983-84. In 1984-85, he sold his vacant site in Giriyappa Road for Rs. 4,21,818 and he was claiming exemption from the capital gains on the sale price of that property on the ground that he wanted to invest the sale price in purchasing a residential house. Exhibit P...
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