Chennai Court March 1997 Judgments
Pondicherry Bar Association Vs. Union of India and ors.
Court: Chennai
Decided on: Mar-17-1997
Reported in: 1997(1)CTC430; (1997)IIMLJ118
ORDERShivraj Patil, J. 1. Heard the learned counsel for the parties. After hearing for sometime, at the request of the learned Government Pleader representing the Respondents 1 and 2, we adjourned the case on October 16, 1996 to November 28, 1996 with a view to enable the Respondents to have consultation with the Union Public Service Commission. The learned Government Pleader made this request in the light of the stand of the petitioner that the rules impugned in the writ petition were made without consultation of Union Public Service Commission. Thereafter, the writ petition was not listed for hearing before us. However the petition was listed before us on March 12, 1997. After hearing the learned Government Pleader for respondents, we passed the following order : 'When this petition was taken up, learned Govt. Pleader (Pondicherry) representing Respondents 1 and 2 submitted that the Government wrote to the Union Public Service Commission so as to consult about the rules in question a...
Tag this Judgment!Management, Boys Town Society Vs. V. Palani and anr.
Court: Chennai
Decided on: Mar-17-1997
Reported in: 1998ACJ559
C.V. Govardhan, J.1. This appeal is against the order passed by the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Madurai, dated 19.5.1988 in W.C. No. 19 of 1987.2. The petitioner in his petition contends as follows: Pitchaimani, son of the petitioners, was employed under the opposite party as an electrician. On 20.1.1984, as a result of the accident caused to him in the course of his employment under the opposite party, Pitchaimani died due to electrocution in the premises of the opposite party. The petitioners are dependants of Pitchaimani. Therefore, they have filed the claim petition for compensation of Rs. 21,600/-. Opposite party in its counter contends as follows: The allegation that Pitchaimani was employed under the opposite party as a wireman and as a result of the accident and during the course of his employment on 20.1.1984 at about 8 a.m., he died is not correct. Pitchaimani never worked under the opposite party as an electrician. He was not an e...
Tag this Judgment!Vorion Chemicals and Distilleries Ltd., Represented by Its Director M. ...
Court: Chennai
Decided on: Mar-17-1997
Reported in: (1997)2MLJ103
Shivaraj Patil, J.1. This appeal is filed by the writ petitioner in Writ Petition No. 13203 of 1989, aggrieved by the order dated 18.4.1990 passed in the said writ petition dismissing it.2. Briefly stated, the facts leading to the filing of this writ appeal, are the following:The appellant filed two writ petitions, viz., W.P. Nos. 13200 and 13203 of 1989 seeking two different reliefs on the basis of common set of facts. In W.P. No. 13200 of 1989, he sought for a writ of mandamus forbearing the respondents from demanding payment of interest of Rs. 4,69,832.87 being the interest on belated payment of difference in the cost of arrack alleged to be due and payable by it.3. Writ Petition No. 13203 of 1989 was filed for issue of a writ of certiorarified mandamus to call for the records of the Government of Tamil Nadu relating to G.O.Ms. No. 149, Prohibition and Excise Department dated 21.5.1977 and to quash the same and for a consequential direction to the first respondent to refund a sum of...
Tag this Judgment!Arasappan Vs. Inspector of Police, (Prohibition Enforcement Wing)
Court: Chennai
Decided on: Mar-14-1997
Reported in: 1997(1)CTC515
ORDERN. Arumugham, J.1. The petitioner is one of the accused, aggrieved by the Order passed by the learned Sessions Judge at Sivagangai in Pasumpon Muthuramalinga Thevar District, made in Criminal Miscellaneous Petition No. 115 of 1993 dated 17.2.1993 by virtue of Section 167(6) of Code of Criminal Procedure, has preferred this revision challenging the correctness and legality of the said impugned order.2. The petitioner was arrested along with two others on 31.12.1991 by the respondent police i.e. Prohibition Enforcement wing of Sivagangai for the alleged offences under Sections 4(1)(i) and 4(1)(k) of Tamil Nadu Prohibition Act. He was released on bail by the respondent on the same day. The First Information Report along with seizure appears to have been sent to the court and the investigation was taken up by the respondent. Though the First Information Report was pending before the learned Judicial Magistrate, Devakottai from 31.12.1991, investigation in this case was not concluded w...
Tag this Judgment!A. Vivekanathan Vs. Deputy Director, Establishment, Central Reserve Po ...
Court: Chennai
Decided on: Mar-14-1997
Reported in: (1998)1MLJ145
ORDERE. Padmanabhan, J.1. The petitioner, A Deputy Commandant in Central Reserve Police Force, has filed the present writ petition seeking for the issue of a writ of manda-mus forbearing the respondents from taking any steps in pursuance of the Telex Message No. T. IX-23/96 ESTT-1, dated 19.2.1996 issued by the first respondent.2.. According to the petitioner, he had joined Central Reserve Police Force for Sub Inspector on 25.6.1973 that he had worked at various stations for the past 23 years, that he has clean record of service, that while stationed at Sri Nagar, the petitioner made representation for being posted at Avadi and that his request was considered and posted to Avadi from Sri Nagar, that suddenly on 19.2.1996 by telex message the petitioner has been transferred and posted to Nagaland, that the petitioner made representation on 24.2.1996 for retention at Avadi, that without considering the said request, respondents are taking steps to relieve the petitioner and hence the pre...
Tag this Judgment!The Managing Director, Dheeran Chinnamalai Transport Corporation Vs. T ...
Court: Chennai
Decided on: Mar-13-1997
Reported in: 1998ACJ450; 1997(1)CTC469; (1997)IIMLJ217
ORDERK. Govindarajan, J.1. The transport corporation who was the respondent before the Tribunal, aggrieved against the award passed by the Tribunal, in M.C.O.P. No. 132 of 1994, on the file of the III Additional Sub- Judge, Trichirapalli, has filed the above appeal. On 9.12.1993 while the deceased Surendran was walking along the main road at Arumbavur near Thazuthalai, the bus belonging to the appellant corporation bearing No. TN-45-N-0414 dashed against the deceased and he sustained fatal injury and he died in the hospital. The father and mother of the deceased had filed the claim petition in M.A.C.T.O.P. No. 132 of 1994 on the file of the Motor Accidents Claims Tribunal (District Court, Thiruchirapalli) claiming a sum of Rs. 1,00,000 towards compensation. According to them, due to the rash and negligent driving of the bus by its driver, the accident had taken place. The deceased was three years old when he died and he was the only son of the claimants. According to the claimants, if ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Selvarajamani and ors.
Court: Chennai
Decided on: Mar-13-1997
Reported in: 1998ACJ547
S.M. Wahab, J.1. This appeal has been directed against the order dated 18.3.1987 in M.C.O.P. No. 386 of 1985 on the file of the Motor Accidents Claims Tribunal (4th Additional Sub Judge), Madurai.2. The respondent Nos. 1, 2 and 3 filed the above claim petition for compensation of Rs. 80,000/- for the death of Gurusamy, the husband of the claimant No. 1 and the father of claimant Nos. 2 and 3, in an accident on 8.1.85 involving an Ambassador car bearing No. TNT 5171.3. According to the claimants, the driver of the Ambassador car was very negligent in driving the car and on account of that the deceased was hit by the vehicle resulting in his death. The Ambassador car belonged to the respondent No. 1 and it was insured with the respondent No. 2. Hence, the claim petition against the respondent Nos. 1 and 2. The respondent Nos. 1 and 2, i.e., the owner of the vehicle as well as the insurer contended that the accident took place on 8.1.1985 when the vehicle was stolen and when the owner had...
Tag this Judgment!The New India Assurance Company Limited Vs. Selvarajamani and ors.
Court: Chennai
Decided on: Mar-13-1997
Reported in: (1997)2MLJ11
S.M. Abdul Wahab, J.1. This appeal has been directed against the order dated 18.3.1987 in M.C.O.P. No. 386 of 1985 on the file of the Motor Accident Claims Tribunal (4th Additional Sub Judge), Madurai.2. The respondents 1, 2 and 3 filed the above claim petition for compensation of Rs. 80,000 for the death of Gurusamy, the husband of the 1st claimant and the father of the claimants 2 and 3, in an accident on 8.1.1985 involving the Ambassador Car bearing No. TNT. 5171.3. According to the claimants, the driver of the Ambassador car was very negligent in driving the car and on account of that the deceased was hit by the vehicle resulting in his death. The Ambassador car belonged to the 1st respondent and it was insured with the 2nd respondent. Hence, the claim petition against the respondents 1 and 2. The respondents 1 and 2, i.e., the owner of the vehicle as well as the insurer contended that the accident took place on 8.1.1985 when the vehicle was stolen and when the owner had no control...
Tag this Judgment!Thanthi Trust Vs. Wealth-tax Officer and Another
Court: Chennai
Decided on: Mar-12-1997
Reported in: [1999]235ITR621(Mad)
Kanakaraj, J.1. All the above writ petitions have been filed by the Thanthi Trust and more or less raise a common question and they can be disposed of conveniently by a common order.2. By an instrument of declaration of trust, dated March 1, 1954, the Tamil newspaper Daily Thanthi was established as an organ of educating the public and disseminate news on all matters of public interest through the said newspaper. The claim of the trust for exemption under section 4(3) of the Indian Income-tax Act, 1922, had been upheld for the assessment years 1955-56 to 1961-62. By a supplementary deed, dated June 28, 1961, the founder of the trust directed that the surplus income of the said trust, after defraying all the expenses should be devoted, by the trustees for establishing certain educational institutions, providing scholarships for students and for running orphanages. In a Civil Suit No. 90 of 1961, by judgment dated March 2, 1962, it was held that the trustees were bound by the supplementa...
Tag this Judgment!Pitchaipillai Vs. Dominique Marie Ignace Prosper
Court: Chennai
Decided on: Mar-12-1997
Reported in: 1997(1)CTC572
ORDERS.S. Subramani, J. 1. Tenant was asked to surrender vacant possession of the building by the Authorities below, and he has come before this Court challenging the correctness of the same.2. Landlord sought eviction on the ground that he has to keep his motor vehicles in the Schedule premises, and that he has no other building of his own in his possession. The petition was filed under Section 10(3)(a)(ii) of the Pondicherry Rent Control Act.3. Tenant who is conducting a barber shop, seriously disputed the requirement of the landlord. He said that the landlord seeks eviction only for letting out the building for a higher rent.4. Both the authorities below held that the objection raised by the tenant cannot be sustained, that the landlord who has a motor-cycle and a scooter, has to keep the same safely, and the building in question is the only place available for him, and the claim was found to be bona fide. The further contention that the landlord was receiving higher rent, and the p...
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