Chennai Court November 1996 Judgments
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Alamelu Ammal Vs. the District Collector
Court: Chennai
Decided on: Nov-05-1996
Reported in: 1997(1)CTC669
ORDERRaju, J.1. The above appeal has been filed against the order of the Inam Abolition Tribunal (Principal Sub-Judge), Salem, dated 29.8.86 in I.A.T.A.No. 17 of 1983 wherein the Tribunal below has chosen to reject the appeal on the ground that the appeal has not been filed within the period of limitation stipulated in Section 12(2) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 26 of 1963).2. The lands in question were held to form party of an existing inam estate as defined under Section 2(4) of the Act. The inam in question was notified and taken over by the Government in G.O.Ms.No. 781, Revenue dated 12.3.65 with effect from 15.4.65. Since no one preferred claim for ryotwari patta in respect of the lands in question, suo motu enquiry was initiated and when notices were duly served on the interested persons and published in the village, one Sellayee Ammal said to be the mother of Sadayan alias Sella Gounder, claimed to be the husband of the ap...
The Management of the Lakshmi Mills Ltd. Vs. the Presiding Officer, La ...
Court: Chennai
Decided on: Nov-05-1996
Reported in: (1997)1MLJ278
Thanikkachalam, J.1. This writ appeal is directed against the order passed by the learned single Judge of this Court in W.M.P. No. 26759 of 1994 in W.P. No. 9504 of 1993.2. The appellant herein is the first respondent in the above said W.M.P.W.P. No. 9504 of 1993 was filed by the appellant herein to issue a writ of certiorari, calling for the records of the Presiding Officer, Labour Court, Coimbatore, in I.D. No. 503 of 1989 and quash his award, dated 11.12.1992. W.M.P. No. 26759 of 1994 was filed by the workman/2nd respondent herein for direction to the appellant herein to reinstate the second respondent herein as Salesman at their Cross Cut Show Room at Coimbatore, failing which a further direction was required under Section 17B of the Industrial Disputes Act, 1947, hereinafter referred to as the 'Act', with effect from 9.5.1974 and a further request was made to direct the appellant herein to pay the second respondent herein Rs. 2,100 per month, pending disposal of W.P. No. 9504 of 1...
Devangudi Ramasamy Mazhavarayar Educational Society by Its Treasurer, ...
Court: Chennai
Decided on: Nov-05-1996
Reported in: (1997)1MLJ174
ORDERN. Arumugham, J.1. The first two revisions viz., C.R.P. Nos. 79 and 1012of 1995 are directed against the order passed by the District Judge of South Arcot Vallalar District at Cuddalore in C.M.A. Nos. 10 of 1994 and 37 of 1993, dated 18.10.1994 and 7.7.1994 respectively confirming the fair and final order passed by the learned Subordinate Judge, Chidambaram in I.A. No. 673 of 1992 in O.S. No. 112 of 1992, dated 22.12.1992, thereby making the interim injunction granted by the trial court absolute till the disposal of the suit, challenging the propriety and legality of the same. The first respondent in I.A. No. 673 of 1992, by name, Devangudi Ramasami Malavarayar Educational Society, by its Treasurer Anbumani, and the second respondent in I.A. No.673 of 1992, by name, Matharasi respectively filed these revisions C.R.P. Nos. 79 of 1995 and 1012 of 1995.2. The third revision petition C.R.P. No. 894 of 1995 is directed against the order of interim injunction granted by the learned Dist...
The Oriental Insurance Company Ltd., Tirunelveli Vs. Pandurangan (Dead ...
Court: Chennai
Decided on: Nov-04-1996
Reported in: 1999ACJ327; AIR1997Mad195
ORDERP. Sathasivam, J.1. These appeals have been preferred by Oriental Insurance Company Limited Tirunelvcli, against the common award parsed by the Motor Accidents Claims Tribunal (Subordinate Judge), Tuticorin in M.A. C.T.O. Ps. Nos. 202/89, 26/90 and 22,91. The tacts leading to the filing of the above appeals are briefly stated hereunder:--On 19-6-1989 at about 2.00 a.m. while claimant in M.A.C.T.O.P No. 22 of 91 was driving a car bearing registrtion No.T.D.T. 3939, the claimant in M.A.C.T.O.P. No. 26 of 1990 who is the owner of the said car and one Pandurangan, claimant, in M.A.C.T.O.P. No. 202 of 1989 who sustained grievous injuries (later died due to the injuries), met with an accident with another lorry and dashed against a culvert on the right side of the road. On the fateful day, in the said car, the claimant in M.A.C.T.O.P. No. 202 of 1989, Sub Inspector of Police and 2 other police constables escorted Mr. Veerappandi Arumugham, Minister, who was proceeding towards. Madurai. ...
Commissioner of Income Tax Vs. Suresh Gokuldas
Court: Chennai
Decided on: Nov-04-1996
Reported in: [1998]229ITR721(Mad)
ORDER--Rectification.Ratio & Held:The order passed by the assessing officer under section 154 would be deemed to be non est in the eye of law. If, there was no order passed under section 154, then, no appeal would lie against such an order. Consequently, no reference would also arise out of the order passed by the Tribunal, touching upon the question of the alleged order passed under section 154.Application:Also to current assessment years A. Y.:1952-53 to 1958-59Income Tax Act 1961 s.154Income Tax Act 1961 s.256Rectification under s. 154--RECTIFIABLE ...
Bharat Petroleum Corporation Limited Vs. N. Ravi and anr.
Court: Chennai
Decided on: Nov-04-1996
Reported in: (1997)1MLJ287
Jagadeesan, J.1. By consent of both the counsel, the second appeal itself is taken up for final disposal, since both agreed that the issue involved in the second appeal is mainly covered by the Judgment reported in Bharat Petroleum Corporation Limited v. Ashwinraj : AIR1996Mad285 .2. The unsuccessful defendant before the courts below is the appellant herein. The first respondent herein has filed the suit O.S. No. 628 of 1985 on the file of the City Civil Court, Madras against the appellant herein for recovery of possession. The plaintiff's case is that the suit property originally belonged to one G. Renganayaki Ammal who executed a Will on 30.9.1971, pursuant to which the plaintiff became the owner of the property. Originally one Burmah Shell Oil Storage and Distributing Company of India Limited, had taken the suit property on lease in the year 1938 from the said Renganayaki Ammal. Periodically the lease has been renewed, contemplating the increas'e in the rent from time to time. Lastl...
Oriental Insurance Company Ltd. Vs. I. Pandurangan (Dead) and ors.
Court: Chennai
Decided on: Nov-04-1996
Reported in: 2(1997)ACC668
P. Sathasivam, J.1. These appeals have been preferred by Oriental Insurance Company Limited, Tirunelveli, against the common award passed by the Motor Accident Claims Tribunal (Subordinate Judge), Tuticorin in M.A.C.T. Ps. Nos. 202/89, 26/90 and 22/91. The facts leading to the filing of the above appeals are briefly stated hereunder:On 19.6.1989 at about 2.00 a.m., while claimant in M.A.CT.O.P. No. 22 of 91 was driving a car bearing registration No. T.D.T. 3939, the claimant in M. A.C.T.O.P. No. 26 of 90 who is the owner of the said car and one Pandurangan, claimant in M.A.C.T.O.P. No. 202 of 89 who sustained grievous injuries (later died due to the injuries), met with an accident with another lorry and dashed against a culvert on the right side of the road. On the fateful day, in the said car, the claimant in M. A.C.T.O.P. No. 202 of 89, Sub Inspector of Police and 2 other police constables escorted Mr. Veerapandi Arumugham, Minister, who was proceeding towards Madurai. The car was dr...
A. Premchand Vs. V. Padmapriya
Court: Chennai
Decided on: Nov-01-1996
Reported in: AIR1997Mad135; 1996(2)CTC620; I(1997)DMC285
ORDERP. Sathasivam, J.1. The Husbandagainst the dismissal of this H.M.O.P.1007 of 1988 on the file of Principal Family Court, Madras, under Section 12 of the Hindu Marriage Act, 1955 praying for a decree of nullity by annulling the marriage solemnised between the appellant and the respondent on 8-3-1987 at Madras is the appellant in the above appeal before this Court.2. The case of the appellant is briefly stated hereunder:--The appellant (husband) and the respondent (wife) got married on 8-3-1987 at Madras as per Hindu rites and customs. The marriage has not been consummated till the date of filing of the present petition. It is averred that based on the bio-data and horoscope of the respondent showing the date of birth as 15-2-1963 sent in the month of September, 1986 by respondent's father to the appellant's father seeking alliance for his daughter, the appellant gave his consent for the marriage. The respondent was evasive to produce her educational certificates to get employment t...
United India Insurance Company Limited Vs. Mrs. Aiyammal and ors.
Court: Chennai
Decided on: Nov-01-1996
Reported in: (1997)1MLJ70
ORDERP. Sathasivam, J.1. Aggrieved against the order of the Motor Accidents Claims Tribunal Principal District Court, Tirunelveli in I.A. No. 876 of 1990 in M.C.O.P. S.R. No. 12617 of 1990 dated 6.12.1991 condoning the delay of 4113 days in filing the claim petition, the United India Insurance Company Limited, Nagercoil has filed this revision before this Court under Article 227 of the Constitution of India.2. No doubt the delay is enormous namely 4113 days in filing the claim petition. Irrespective of the reason or reasons adduced by the claimants the conclusion arrived at by the Tribunal in condoning the delay in view of the recent decision of the Apex Court in Dhannalal v. D.P. Vijayargiya and Ors. : AIR1996SC2155 Supreme Today 281, has to be condoned and revision has to be dismissed. As stated in the Supreme Court judgment, if any proceeding is pending either before Tribunal or in the High Court or Supreme Court, giving extended meaning to Sub-clause (3) of Section 166 of Motor Veh...
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