Chennai Court October 1997 Judgments
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Vazhapadi Textiles (P) Ltd., (Formerly Durai Modern Spinning Mills (P) ...
Court: Chennai
Decided on: Oct-01-1997
Reported in: 1997(2)CTC500
ORDERJagadeesan, J.1. Both the counsel insisted for the early disposal of the appeal, as the question involved is the jurisdiction of the civil court. Hence the appeal itself is taken up for final disposal.2. Respondents 1 to 3 filed the suit O.S.No. 450 of 1993 for declaration that the document dated 10.10.91 purported to have been executed by the second plaintiff is illegal and void and not binding on the plaintiffs and for other consequential reliefs.3. It is the contention of the plaintiffs that pursuant to the disputed document, several alterations have been made in the company records relating to the constitution of Board of Directors and the name of the company. The disputed letter is said to have been executed by the second plaintiff in the suit, whereunder he had handed over the possession and management of the first plaintiff mill to the second appellant herein. The execution of this letter is under dispute now. Hence the plaintiffs filed the suit.4. The second appellant and ...
Abdul Wahab Vs. Mrs. A. Santhana Mary
Court: Chennai
Decided on: Oct-01-1997
Reported in: 1997(2)CTC530
ORDERS.M. Abdul Wahab, J.1. This Civil Revision Petition has been preferred by the tenant aggrieved by the order dated 16.7.1997 in M.P. No. 104 of 1995 in R.C.A. No. 684 of 1993. The respondent landlord has filed a petition for eviction on the ground of demolition, Under Section 14(1)(b). According to him the condition of the building is very bad and it requires demolition immediately. Exhibits like photographs and also permission from the Corporation were filed to show that the building was in a very bad condition and permission was also granted to him for demolition of the above building. The petitioner has contended that the building was a new one aged about 11 years only and there is no bona fide need for eviction. The trial Court has dismissed the petition of the landlord. As against the order passed rejecting the claim of the landlord, the petitioner has filed the appeal before the appellate authority. The appeal is before the appellate authority now. At this stage he has filed ...
K. Santhanam Vs. D. Radhakrishnan and ors.
Court: Chennai
Decided on: Oct-01-1997
Reported in: (1998)1MLJ256
ORDERS. Jagadeesan, J.1. The petitioner has filed this petition seeking leave to file an appeal as an Indigent person.2. In the affidavit filed in support of the petition, he has stated that the court-fee to be paid in the appeal is Rs. 49,500. His properties were attached and he is drawing a sum of Rs. 3,540 as a pension per month. He is not possessed with sufficient means. He should be permitted to prefer an appeal as an Indigent per-son.3. The first respondent filed an elaborate counter wherein he has stated that the petitioner had received a sum of Rs. 1,08,739 towards his retirement benefits. Apart from this, he also owns immoveable proper-ties consisting of an extent of one acre of fertile land in Komarapalayam village which is irrigated by Kaveri water. He further owns a terraced House. The petitioner is having a coconut grave of 400 coconuts and is receiving an income of Rs. 40,000 per year. From other lands, the petitioner is raising cash crops and getting an income of nearly ...
C.B.M. College by Its Secretary and Anr. Vs. the Federation of College ...
Court: Chennai
Decided on: Oct-01-1997
Reported in: (1998)1MLJ373
S.M. Abdul Wahab, J.1. The defendants 1 and 2 are the appellants in the second appeal. The suit was filed for declaration and junction. The plaintiff is the Federation of College Employees' Association represented by its Secretary M. Natarajan, the defendants are C.B.M. College represented by its Secretary and its Principal. The declaration sought for is that the admission for the year 1994-95 made by the second defendant Principal without the aid of the selection committee is null and void. Consequently, the second defendant should be prevented from admitting students to various courses without the aid of the selection committee. The Subordinate Judge, Coimbatore, granted the reliefs as prayed for. On appeal to the District Judge, Coimbatore, the appeal was partly allowed i.e. the decree of declaration that the admission for the year 1994-95 was null and void was set aside. However, the injunction not to admit the students without the aid of the selection committee by the principal wa...
K. Bakthavatsalam Naidu and ors. Vs. Kanchanadevi and anr.
Court: Chennai
Decided on: Oct-01-1997
Reported in: (1998)2MLJ145
ORDERS. Jagadeesan, J.1. As the matter arises under execution proceedings, both the counsel request that the civil revision petition itself can be disposed of. Hence by consent of both the counsel, the revision itself is taken up for final disposal.2. The first respondent herein is the auction purchaser in the court auction sale. The second respondent is the decree-holder. The petitioners are the judgment-debtors. Pursuant to the decree in O.S. No. 24 of 1979 the properties of the judgment-debtors were brought to sale on 26.5.1985. The first respondent herein was the successful bidder in the court auction sale and the sale was confirmed in her favour on 12.10.1987. The first respondent filed application for delivery in E.A. No. 90 of 1988. That application was dismissed on 30.9.1992 since her counsel reported 'No instruction'. Thereafter the first respondent filed an application E.A. No. 314 of 1992 on 24.11.1992 for delivery of the property. The petitioners herein contested the applic...
M. Arasu Vs. the Senior Regional Manager, Tamil Nadu Civil Supplies Co ...
Court: Chennai
Decided on: Oct-01-1997
Reported in: (1998)2MLJ461
ORDERP. Sathasivam, J.1. The amended prayer in the writ petition is as follows:To issue a writ of certiorari or order or direction in the nature of writ calling for the records relating to order of dismissal passed in Rc. No. U2/45373/86, dated 8.3.1986 on the file of the 1st respondent and Rc. No. U2/45373/80, dated 8.3.1988 on the file of the 1st respondent as confirmed by the order of the second respondent dated 11.7.1988 bearing Ref. No. G1/44930/88. Amendment carried out as per order of court dated 19.8.1997 in W.M.P. No. 19650 of 1997.2. The case of the petitioner is briefly stated hereunder:According to the petitioner, he joined as Bill Clerk in the Tamil Nadu Civil Supplies Corporation, Madras in the year 1977. After completion of the probation period, his service was confirmed by the competent authority in the year 1982. While so, on 3.12.1996 some charges were framed against the petitioner and the same was served on him on 11.12.1986 stating that short in remittance and colle...
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