Chennai Court July 1997 Judgments
K. Alagappan Padayachi Represented by Power Agent K. Chinnyya Vs. V. A ...
Court: Chennai
Decided on: Jul-27-1997
Reported in: (1998)1MLJ711
ORDERR. Balasubramanian, J.1. The prayer in this petition is as follows: 'For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to condone the defective presentation of the above CR.P. SR. No. 40117 of 1996 in not filing the certified copies of the order and the Decretal order in I.A. No. 635 of 1995 in O.S. No. 123 of 1995 on the file of the District Munsif Court, Keeranur, Pudukottai District, at the time of presentation of the CR.P. SR. No. 40117 of 1996 and condone the delay of 372 days in filing the above order and decretal order and pass such further or other orders as this Hon'ble Court deem fit and proper.2. From the records, it is seen that the civil revision petition is filed against the order and decretal order dated 13.11.1995 on the file of the District Munsif-cum-Judicial magistrate, Keeranur. That was an application filed under Order 6, Rule 17 of the Code of Civil Procedure by the plaintiff to amend the plain...
Tag this Judgment!Sainson D. Vs. Railway Protection Force and ors.
Court: Chennai
Decided on: Jul-25-1997
Reported in: (1997)IILLJ1246Mad
A.R. Lakshmanan, J. 1. By consent of both parties the main Writ Appeal is taken up for disposal. The above appeal is directed against the order of the Learned Single Judge ated February 17, 1997 made in CP. No. 12673 of 1995. The learned Judge in his order dated February 17, 1997 has stated the entire facts and circumstances of the case. There is also no dispute with regard to the facts. Therefore we are not repeating the same. 2. A Division Bench of this Court comprised of the Hon'ble Chief Justice and Somasundaram, J. by their Judgment dated February 24,1995 allowed the appeal in part. The Division Bench felt that the punishment imposed on the appellant was harsh and therefore remitted the matter to the Railway authorities back for consideration of the penalty. In all other respects the order of the Learned Single Judge which was impugned in W.A. No. 43 of 1995 was maintained and the matter was remitted back to the authority concerned to consider the 2 question of imposition of penal...
Tag this Judgment!The Ayya Nadar Janakiammal College Vs. A. Pandian and ors.
Court: Chennai
Decided on: Jul-25-1997
Reported in: (1997)IILLJ885Mad; (1998)IMLJ14
ORDERA.R. Lakshmanan, J. 1. This writ Appeal is directed against the order dated June 26, 1996 of N. Y. Balasubramanian, J., in w.p. No. 13013 of 1985. The petitioner leollege is the appellant. 2. The Ayya Nadar Janaki Ammal College at Sivakasi, filed the writ petition to call for the records of the 3rd respondentl]Private Colleges Appellate Tribunal relating to its proceedings dated September 17,1985 made in Second Appeal (TAC) No. 4 of 1982 and quash the same. 3. The short facts that are relevant for the disposal of this appeal are as follows:-The lst respondent A. Pandian was appointed as Dem-onstrator in Chemistry in a temporary vacancy on August 6, 1977. The order of appointment clearly said that the appointment was purely temporary for 1977-78. On the expiry of the one year period, his services came to an end on the closure of the college. He was paid vacation salary upto June 15, 1978. For the year 1978-79, a regular vacancy for the post of Demonstrator arose and the lst respond...
Tag this Judgment!Ramakrishna Nagar Flat Allottees/Owners' Co-operative Housing Society ...
Court: Chennai
Decided on: Jul-25-1997
Reported in: (1997)2MLJ613
AR. Lakshmanan, J.1. This writ appeal is directed against the order of a learned single Judge of this Court in W.P. No. 919 of 1985 dated 1.7.1994 dismissing the writ petition. The writ petition was filed by the appellant herein which is a registered society under the Tamil Nadu Co-operative Societies Act 53 of 1961. Its registered number being XNC. 723 and its members consist of owners/allottees of Ramakrishna Nagar, L.I.G., and M.I.G. Flats numbering 78. The said society has an elected president, vice president, treasurer, secretary and four committee Members. The first respondent Board framed a scheme under the Madras City Improvement Act, 1950 for acquiring building site and erecting buildings thereon consisting of several flats and selling each such flat independently and separately and with that purpose constructed flats in R.K. Nagar (Brodies) Road Scheme now known as Ramakrishna Nagar Flats. The Ramakrishna Nagar Scheme comprised of about 73 grounds and 775 square feet. The det...
Tag this Judgment!Mariammal and ors. Vs. M. Ramasubramaniam and ors .
Court: Chennai
Decided on: Jul-25-1997
Reported in: 1999ACJ249; (1998)IIMLJ199
E. Padmanabhan, J.1. The claimants in M.C.O.P. No. 190 of 1992 on the file of the Motor Accidents Claims Tribunal (Sub Court, Sivagangai) are the appellants. The respondent No. 1 herein is the owner of the vehicle and the respondent No. 2 is the insurer of the vehicle.2. The Claims Tribunal dismissed the claim petition by its judgment and decree dated 14.2.1994. Being aggrieved, the present appeal has been preferred by the claimants.3. The car bearing registration No. MDA 5757, according to the claimants, was driven rashly and negligently on 3.2.1992 around 4.30 p.m. on Madurai-Manamadurai road and it dashed against Vaikulam, who died later in the hospital on the same day.4. The claimants mainly pleaded that the car belonged to the respondent No. 2, was driven rashly and negligently by its driver and has caused the death of the deceased Vaikulam. There is no dispute that the claimants are the dependants, class I legal heirs of the deceased. A case was registered in Crime No. 29 of 1992...
Tag this Judgment!M. Bhaskar Vs. the Registrar, University of Madras and anr.
Court: Chennai
Decided on: Jul-25-1997
Reported in: (1998)1MLJ240
ORDERK. Govindarajan, J.1. The petitioner is a B. Sc, LL.B., graduate from Nagpur University which is recognised by the University Grants Commission and the Bar Council of Tamil Nadu. The petitioner was granted Migration Certificate by Nagpur University vide certificate No. 1863 dated 29.9.1981. He applied for the course of Master of Law in International Law and Constitutional Law in Madras University for the academic year 1996-1997. The petitioner was called for oral interview by the second respondent on 14.10.1996 and according to the petitioner he answered all the questions put to him. He was also selected provision-ally as a first candidate on merit list on O.C. Category by the second respondent for Master of Law course. In the letter dated 11.11.1996 the petitioner was asked to produce relevant documents like college leaving or transfer certificate, eligibility certificate, mark sheet, conduct certificate on 20.11.1996. So the petitioner applied for eligibility certificate with th...
Tag this Judgment!Srinivasa Gounder Vs. K. Venkatesan
Court: Chennai
Decided on: Jul-25-1997
Reported in: (1998)1MLJ296
S.S. Subramani, J.1. Both these revision petitions arise from H.R.C.O. R No. 96 of 1992, which is a petition for fixation of fair rent. Landlord filed the same. The agreed rent was Rs. 600, and the tenant is making use of the same to conduct a bar by name 'Simla Bar'.2. It is the case of the landlord that the premises in question is situated in Jawaharlal Nehru Street, Pondicherry, which is a big market place. It consists of a ground floor and a room in the first floor. The built-up area is 112.54 sq. metres., and the value of the building including the site will be Rs. l1,50,000. According to him, he is entitled to get the rent fixed at Rs. 10,500 per month.3. In the counter-statement filed by the tenant he admitted the rental arrangement. According to him, most of the basic amenities are not available. Even the plinth area of the building is disputed. According to him, the claim of the landlord is very excessive, and the agreed rent is reasonable.4. Rent Controller, as per Order date...
Tag this Judgment!Mariammal and ors. Vs. M. Ramasubramaniam and ors.
Court: Chennai
Decided on: Jul-25-1997
Reported in: (1998)2MLJ199
E. Padmanabhan, J.1. The claimants in M.C.O.P.No. 190 of 1992 on the file of the Motor Accidents Claims Tribunal (Sub Court, Sivagangai) are the appellants. The 1st respondent herein is the owner of the vehicle and the 2nd respondent is the insurer of the vehicle.2. The claims tribunal dismissed the claim petition by its judgment and decree dated 14.2.1994. Being aggrieved, the present appeal has been preferred by the claimants.3. The car bearing registration No. MDA. 5757, according to the claimants, was driven rashly and negligently on 3.2.1992 around 4.30 P.M. on Madurai-Manamadurai Road and it dashed against Vaikulam, who died later in the hospital on the same day.4. The claimants mainly pleaded that the car belonged to the 2nd respondent was driven rashly and negligently by its driver and has caused the death of the deceased Vaikulam. There is no dispute that the claimants are the dependnts Class I legal heirs of the deceased. A case was registered in crime No. 29 of 1992 of Manam...
Tag this Judgment!Vikrant Tyres Ltd. Vs. Asstt. Collector of Central Excise, Mysore
Court: Chennai
Decided on: Jul-24-1997
Reported in: 1998(101)ELT579(Mad)
ORDER1. The Petitioner has filed this Writ petition for issue of Writ of mandamus directing the respondents to refund the amount of Rs. 19,024.04 to the petitioner covered by an Order No. 65/88 (B), dated 30-6-1988 of the Second Respondent together with interest at 18% per annum. 2. The contention of the petitioner is that in exercise of the powers under Rule 18(1), of the Central Excise and Salt Act. The Central Government issued Notification No. 184 of 1985, dated 9-8-1985 which was amended by Notification No. 232 of 1985, dated 14-11-1985. In terms of the said notification Tread Rubber was exempted from payment of duty, if cleared for home consumption in any financial year in the case of first clearance, upto an aggregate value not exceeding Rs. 7,50,000/- (Rupees Seven and Half lakhs only) from so much of the Excise Duty leviable thereon under Section 3 of the Central Excise and Salt Act. During the financial year 1985-86, the value of clearance of Tread Rubber from the petitioner'...
Tag this Judgment!K.M. Parthasarathy Vs. Revenue Divisional Officer
Court: Chennai
Decided on: Jul-24-1997
Reported in: 1997(2)CTC244; (1997)IIMLJ430
ORDERK. Gnanaprakasam, J.1. The petitioner has filed this petition for issue of writ of Certiorari calling for the records of the Revenue Divisional Officer, Thiruvallur and to quash his proceedings in Ni.Mu.3238/88/A4 dated 16.8.1988.2. The contention of the petitioner is that he belongs to 'Konda Reddy' community which is classified as Scheduled Tribe by the Government of India and also by the Government of Tamil Nadu. The petitioner has passed S.S.L.C. examination and applied to the Revenue Divisional Officer, Thiruvallur (the respondent herein) for the issue of community certificate in his favour stating that he belongs to Konda Reddy Community. The respondent held an enquiry on 6.5.1988 in which the petitioner had produced several documents to show that he belongs to Konda Reddy Community. The petitioner also produced an ancient sale deed dated 19.3.1901 in which the community of his Great Grand father was described as 'Konthalakulam' which is a colloquial equivalent of Konda Redd...
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