Chennai Court August 1996 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
R. Anbu Vs. the Deputy Conservator of Forests and Authorised Officer
Court: Chennai
Decided on: Aug-29-1996
Reported in: 1997(1)CTC42; (1996)IIMLJ410
ORDERShivaraj Patil, J. 1. Although W.M.P. Nos. 11269 and 11270 of 1995 are listed for orders, the writ petition itself is taken up for final disposal as requested to by the learned counsel for the parties and with their consent.2. The petitioner in the writ petition has questioned the validity and correctness of the impugned orders dated 11.7.1994 made in C.V. 110/93/E3 by the first respondent and the order dated 14.3.1995 passed in C.A. No. 85 of 1994 by the second respondent confirming the order of the first respondent. In the writ petition, several grounds are raised to attack the impugned orders.3. At the hearing, Sri. R. Balasubramanian, learned counsel for the petitioner submitted that the impugned order of confiscation passed by the first respondent under Section 49-A of the Tamil Nadu Forest Act, 1982 (Tamil Nadu Act 5 of 1982), on the face of it, cannot be sustained inasmuch as no show cause notice was issued as required under Section 49-B of the said Act. He fairly submitted...
Kannammal, Wife of Arumugam Vs. Kuppanna Gounder
Court: Chennai
Decided on: Aug-29-1996
Reported in: (1996)2MLJ550
AR. Lakshmanan, J.1. The respondent filed O.S.No. 135 of 1985 against the appellant herein on the file of the Sub-Court, Udumalpet for a declaration and possession of about 0.52 cents of land alleged to have been encroached by the late husband of the appellant and subsequently said to be in her possession. The appellant had further sought past mesne profits of Rs. 15,000 and future mesne profits at the rate of Rs. 5,000/- per year. The suit was dismissed with costs. Aggrieved against the same, the respondent filed an appeal In A.S.No. 62 of 1988 on the file of the I Additional District Judge, Coimbatore against the abovesaid decree. The lower Appellate Court set aside the trial Court's decree and has remanded the matter to the trial Court with a direction to appoint a new Advocate Commissioner to measure the suit properties with the help of a surveyor and dispose of the case afresh. Aggrieved against the same, the appellant has filed the above appeal.2. According to Mr. Santhanagopalan...
S. Annamalai and ors. Vs. Assistant Commissioner of Gift Tax.
Court: Chennai
Decided on: Aug-29-1996
Reported in: (1997)58TTJ(Mad)480
ORDERG. SANTHANAM, A.M. :These appeals involve common issue and, therefore, a consolidated order is passed for the sake of convenience.2. The assessee are partners in M/s Tenzing Timber Corporation along with M/s Asia Gule & Chemicals (P) Ltd. Each one of the assessees had 8 per cent share in the profits and losses of the firm with 60 per cent share to the limited company as a partner. The partnership was as a result of a reconstitution made on 1st October, 1982. On 31st December, 1982, the entire business with its assets and liabilities were transferred to M/s Asia Glue & Chemicals (P) Ltd., one of the partners of the firm, with the other five partners retiring from the partnership. Pursuant to the retirement of the assessees from the firm, an indenture of Release Deed was executed on 5th July, 1983. The relevant clauses of the Deed of Indenture are as follows :'(a) Whereas according to mutual agreement between the Releasors on the one part and the company on the other, the Releasors ...
Elkay Higher Secondary School and Elkay Primary School and ors. Vs. St ...
Court: Chennai
Decided on: Aug-28-1996
Reported in: 1996(2)CTC409; (1997)IMLJ604
ORDERD. Raju, J.1. The above appeals, though arising from out of different suits filed by different plaintiffs, the relief claimed as also the questions of law involved for consideration are similar and identical though under different sets of facts pertaining to each of the plaintiff. As a matter of fact, legal submissions have been made in common by all the counsel appearing, of course, highlighting the individual and distinguishing facts pertaining to them. Hence, they arc dealt with together.2. S.A. No. 900 of 1993: (a) The plaintiff in O.S.No. 598 of 1979 on the file of the Court of District Munsif, Srivaikuntam, is the appellant in the above appeal. The suit came to be filed for a declaration that the plaintiff-schools are minority institutions and for a consequential direction. The case of the plaintiff before the trial court was that the schools in question were originally established five decades ago by one Abdul Hye Alim as 'Kahira Aramba Padasalai' who was a Muslim and there...
Kalyani and anr. Vs. the District Collector and anr.
Court: Chennai
Decided on: Aug-28-1996
Reported in: (1996)2MLJ592
Govardhan, J.1. This appeal is against the order passed by the Motor Accidents Claims Tribunal, Pudukkottai in M.A.C.O.P. No. 72 of 1983.2. The petitioners in their petition contend as follows: The petitioners are the parents of the deceased Manickam. On 28.9.1982 at about 5.45 P.M., at Sathiyamurthy Road, when the deceased was rolling tyre, the Fire Service van belonging to the second respondent and the trailor attached to it, was driven in a rash and negligent mariner and hit at Manickam and ran over him. Deceased Manickam died on the spot. He was deaf and dumb by birth. He was aged 25 years. He was earning at the rate of Rs. 20 per day by rolling the tyres at the rate of Rs. 2 per tyre. He used to get not less than Rs. 500 per month. The petitioners are put to irrecoverable loss and hardship and they make a claim of Rs. 50,000.3. The second respondent filed a counter stating as follows: The allegation that the accident was due to the rash and negligent driving of the Fire Service Va...
Elkay Higher Secondary School and Elkay Primary School, Through L.K.S. ...
Court: Chennai
Decided on: Aug-28-1996
Reported in: (1997)1MLJ604
ORDERRaju, J.1. The above appeals, though arising from out of different suits filed by different plaintiffs, the relief claimed as also the questions of law involved for consideration are similar and identical though under different sets of facts pertaining to each of the plaintiff. As a matter of fact, legal submissions have been made in common by all the counsel appearing, of course, highlighting the individual and distinguishing facts pertaining to them. Hence, they are dealt with together.2. S.A. No. 900 of 1983 : (a) The plaintiff in O.S. No. 598 of 1979 on the file of the Court of District Munsif, Srivaikundam, is the appellant in the above appeal. The suit came to be filed for a declaration that the plaintiff schools are minority institutions and for a consequential direction. The case of the plaintiff before the trial court was that the schools in question were originally established five decades ago by one Abdul Hye Alim as 'Kahira Aramba Padasalai' who was a Muslim and therea...
The Tamil Nadu Civil Supplies Corporation Limited, by Its Managing Dir ...
Court: Chennai
Decided on: Aug-27-1996
Reported in: (1996)2MLJ619
S.S. Subramani, J.1. Defendant in O.S. No. 1750 of 1982, on the file of the City Civil Court, Madras is the appellant.2. Respondent (plaintiff) filed the above suit to declare that his removal from the defendant/Corporation as its Area Officer, as confirmed by the Managing Director of the Tamil Nadu Civil Supplies Corporation, is null and void, and consequentially for reinstatement of the plaintiff in the service of the defendant-Corporation as it Area Officer. In the alternative, the defendant may be ordered to pay the plaintiff such compensation as the court may deem fit and proper, and other consequential reliefs.3. The material averments are as follows: Plaintiff joined the defendant-Corporation as an Assistant in the year 1973 and was promoted as Assistant Superintendent in the middle of 1974, and was thereafter appointed as a Collection Superintendent towards the end of the year 1974. The post of Collection Superintendent was abolished, and a new post called Area Officer was crea...
Pilla Reddy and ors. Vs. Thimmaraya Reddy and ors.
Court: Chennai
Decided on: Aug-27-1996
Reported in: (1997)1MLJ37
ORDERS.S. Subramani, J.1. Defendants 4 to 6 in O.S. No. 13 of 1996, on the file of the Subordinate Judge's Court at Hosur, are the revision petitioners.2. Plaintiffs filed the above suit for partition. Even though the present suit is numbered as O.S. No. 13 of 1996, we find that the suit was instituted some time in the year 1986 as O.S. No. 200 of 1986. Even though now it is ten years past since the institution of the suit, no progress has been made in the suit. Some of the defendants have filed written statement. Defendants 4 to 6 who have filed the present revision petition were declared ex parte on 12.3.1987. They filed an application under Order 9, Rule 7, C.P.C. praying that the ex parte order against them may be set aside. They also filed a written statement along with the application.3. Court below, by the impugned order, dismissed the application, and the same is challenged in this revision.4. One of the main reasons for dismissing the application is that the application is bar...
Suguna Bai Vs. Muniammal @ Dhanalakshmi and ors.
Court: Chennai
Decided on: Aug-27-1996
Reported in: (1996)2MLJ596
S.S. Subramani, J.1. Third defendant in O.S.No. 270 of 1980, on the file of he subordinate Judge's Court, Vellore, is the appellant before this Court.2. Suit filed by the plaintiff is one for partition. The property belonged to one Chengalvaraya Chetty, who died on 17.5.1979. At the time of his death, his wife was alive who has been examined in this case as D.W.1. Defendants 3 and 4 are two daughters of the deceased. Plaintiff's mother, who predeceased Chengalvaraya Chettiar was also one of the daughters of the deceased. In this suit, plaintiff, being the daughter of the pre-deceased daughter, claimed that she is entitled to one-fourth share in the plaint items. Before the institution of the suit, a notice was issued to the defendants, seeking partition. A reply was sent whereby they asserted that the deceased has executed a registered Will by which defendants 3 and 4 are the sole legatees. Ex.B-8 is the Will. In the plaint, it was contended that the deceased has not executed such a Wi...
P. Ramankutty Vs. the Superintending Engineer, National Highways, Gand ...
Court: Chennai
Decided on: Aug-26-1996
Reported in: 1998(2)CTC313
ORDER1. The petitioner had entered into an agreement with the first respondent on 24.4.1991 for executing a work of strengthening the weak two lane road reach from KM40/0-52/8 NH5- MC Road including providing of Hard shoulders. That agreement contains arbitration clause which reads as follows:'The arbitrator for fulfilling the duties set forth in the arbitration clause of the standard Preliminary Specification shall be Superintending Engineer of Madurai CMH Circle.Time shall be considered as of the essence of the agreement and the Contractor hereby agrees to commence the work as soon as agreement is accepted by competent authority as defined by the Madras Public Works Department Code. The site (or premises) is handed over to him as provided for in the said condition and agrees to complete the work within eighteen months from the date of such handing over the site (or premises) and to show progress as defined in the tabular statement 'rate of progress' below, subject nevertheless to the...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »