Chennai Court September 1997 Judgments
Vinobha H.B. and 39 ors. Vs. Hindustan Photo Films and anr.
Court: Chennai
Decided on: Sep-12-1997
Reported in: (1999)IIILLJ60Mad; (1998)IMLJ168
ORDERP. Sathasivam, J.1. Since all the petitioners are challenging the order of termination of their services, passed by the respondents by the following common order all the writ petitions may be disposed of.2. For the convenience, I shall refer the facts in W.P.No. 5820 of 1994. The said petition is filed by persons numbering about 40, all working at Hindustan Photo Films, Indu Nagar, Ootacamund. According to them, all of them were appointed as trainees (helpers). The Hindustan Photo Films is a Government of India undertaking and it is an instrumentality of the State. It is amenable to the jurisdiction of this Court, hence, the writ petitions against the respondents are maintainable. It is further contended that even though they were appointed as trainees, the petitioners are performing various clerical work, skilled, unskilled, manual and, technical. They would come within the term 'employee' as defined in the Standing Orders applicable to the petitioners. The petitioners are workme...
Tag this Judgment!Haniff Shabbir Brothers Vs. Collector of Customs
Court: Chennai
Decided on: Sep-12-1997
Reported in: 1997(96)ELT27(Mad)
ORDERD. Raju, J.1. The above reference arises out of the order of the Customs, Excise and Gold (Control) Appellate Tribunal, South Regional Bench at Madras, in C (T) Appeal No. 199 of 1981 (MAS), dated 24-12-1985 and came to be made to this Court under the orders of this Court in R.C.P. No. 15 of 1986 directing the Tribunal under Section 130(3) of the Customs Act, 1962, hereinafter referred to as 'the Act', to state the following questions of law, for the decision of this Court :-'(1) Whether the Tribunal was correct in setting aside the order after holding that an imposition of penalty in Section 112 could not be legal when there was no finding in regard to the liability of the goods to confiscation; and(2) Whether the Tribunal was correct in setting aside the order of the Central Board of Excise and Customs without considering the order of the finding of the Board that there were no materials suggesting involvement of the applicants in arranging importation of the goods knowing the s...
Tag this Judgment!Sri Veera Subbaiah Swamigal Mutt by Its Madathipathi A. Vidyananda Gir ...
Court: Chennai
Decided on: Sep-12-1997
Reported in: (1998)1MLJ215
ORDERThis writ petition is filed by the writ petitioner under Article 226 of the Constitution of India to quash the order passed by the respondent.(2) In support of the writ petition, the writ petitioner filed an affidavit and in the affidavit the writ petitioner narrated all the facts and circumstances of the case which forced him to file this writ petition.(3) The other side did not file the counter.(4) The arguments of both sides are heard.(5) The point for consideration is whether there are valid grounds to allow the writ petition or not.(6) I have perused the materials available on record. Having considered the entire materials available on record, I am of the clear opinion that it is just and proper to remand the matter to the respondent for fresh disposal according to law, after giving an opportunity to the Writ Petitioner to let in oral or documentary evidence.(7) In the result, this writ petition is allowed and the order passed by the respondent is hereby set aside and the mat...
Tag this Judgment!O. 1942 Cooperative Bank Represented by Its Secretary and ors. Vs. Dis ...
Court: Chennai
Decided on: Sep-12-1997
Reported in: (1998)1MLJ442
ORDERS.S. Subramani, J.1. This writ petition is filed by three Co-operative Societies for the issuance of a writ of certio-rari or any other appropriate writ, order or direction in the nature of a writ calling for the records of the 2nd respondent in Na. Ka. No. 4461 of 1997 Pu. vi. and quash the order made therein, dated 26.5.1997, and thus render justice.2. Third respondent is also another Cooperative Society by name The Madura Coats Employees Co-operative Stores Limited. The third respondent was formed by the Employees of the Madura Coats Company for their welfare and it was also doing the busi-ness of distributing essential commodities to the card-holders. The staff of the 3rd respondent want on indefinite strike from 23.8.1995. Even before that, the financial position of the third respondent was not good. When the staff also struck their work, the fair price shops under its control were directed to be taken over by the three petitioners in this writ petition. It is the case of the...
Tag this Judgment!H. Chunnilal Bagman Vs. the State of Tamil Nadu Represented by the Joi ...
Court: Chennai
Decided on: Sep-12-1997
Reported in: (1998)1MLJ395
ORDERP. Sathasivam, J.1. The petitioner has approached this Court to issue a writ or mandamus directing the third respondent to hand over the vehicle bearing Registration No. KA. 01.182 seized by the second respondent in UDSTOR No. 28/93-94 dated 22.6.1993 to the petitioner.2. The case of the petitioner is briefly stated hereunder: According to the petitioner, he is the legal owner of the vehicle, Tata Tempo, bearing Registration No. KA. 01.182. he entrusted the vehicle on a hire purchase agreement dated 3.3.1992 to the fourth respondent. The higher purchase agreement has been duly endorsed in the R.C. book of the vehicle. Along with the said hire purchase agreement a proposal from agreeing to maintain the vehicle in good condition and not use it in any illegal or unlawful activity was executed by the fourth respondent. It is further contended that the hire purchase agreement is for Rs. 1,87,000 and the same is payable in 30 monthly instalments. As per Clause 12 of the hire purchase ag...
Tag this Judgment!P. Jayaraman Alias P.J. Raman and anr. Vs. State of Tamil Nadu and ors ...
Court: Chennai
Decided on: Sep-12-1997
Reported in: (1998)3MLJ289
V. Rengasamy, J.1. These writ of certiorari petitions have been filed under Article 226 of the Constitution of India to quash the order of levy on the cultivable lands in the ayacuts of Parambikulam-Aliyar Project. The writ petitions W.P. Nos. 4922 and 5317 of 1988 have been filed by the Agriculturists Welfare Associations through its Secretary A.Shanmugasundaram, and the other petition has been filed by an individual in respect of the assessment on his lands.2. The petitioners, viz., the agriculturists, who are members of the welfare association, are having lands in the old ayacut of Pallivilangal, Ariyapuram, Karappatti, Periyanai and Vadakkalur canals. These five canals are distributors of the main river Aliyar and these five distributors feed the old ayacut consisting of about 6,400 acres. There are five small old dams constructed about 300 years ago in the Aliyar river, which facilitates to regulate the flow of water in the said distributors. Many of the old ayacutdars have been r...
Tag this Judgment!H.B. Vinobha and 39 ors. Vs. the Managing Director, Hindustan Photo Fi ...
Court: Chennai
Decided on: Sep-12-1997
Reported in: (1998)1MLJ168
ORDERP. Sathasivam, J.1. Since all the petitioners are challenging the order of termination of their services, passed by the respondents, by the following common order all the writ petitions may be disposed of.2. For the convenience, I shall refer the facts in W.P. No. 5820 of 1994. The said petition is filed by persons numbering about 40, all working at Hindustan Photo Films, Hindu Nagar, Ootacamund. According to them, all of them were appointed as trainees (helpers). The Hindustan Photo Films is a Government of India undertaking and it is an instrumentality of the State. It is amenable to the jurisdiction of this Court, hence, the writ petitions against the respondents are maintainable. It is further contended that even though they were appointed as trainees, the petitioners are performing various clerical work, skilled, unskilled manual and, technical. They would come within the term 'employee' as defined in the standing orders applicable to the petitioners. The petitioners are work...
Tag this Judgment!Agritech Hatcheries and Food Ltd. and Others Vs. Valuable Steels India ...
Court: Chennai
Decided on: Sep-11-1997
Reported in: [1999]96CompCas534(Mad); 1997(2)CTC534
K. Govindarajan, J.1. The respondent filed a complaint against the petitioners for the alleged offence committed under section 138 of the Negotiable Instruments Act, 1881. According to the respondent, in settlement of the bill of exchange for a sum of Rs. 47,57,000, dated December 18, 1995, the second petitioner, on behalf of the first petitioner issued a cheque which was dishonoured for the reason 'account closed'. The said complaint was taken on file by the XIVth Metropolitan Magistrate, Egmore, Madras. To quash the said proceedings, the petitioners have filed the above O.P.2. Learned counsel appearing for the petitioners has submitted that the complaint filed against them is barred by limitation, that there is no required averment in the complaint against the third petitioner and that, therefore, the complaint cannot be maintained against the third petitioner for want of allegation as required under section 141 of the Negotiable Instruments Act.3. Learned counsel is not in a positio...
Tag this Judgment!General Exporters Vs. Commissioner of Income-tax and Another
Court: Chennai
Decided on: Sep-11-1997
Reported in: [1998]234ITR860(Mad)
E. Padmanabhan J.1. The petitioner, a registered partnership firm through its managing partner, has filed this writ petition praying for the issue of a writ of certiorari to call for the records comprised in Order No. 18/III of 1997-98 in C. No. 1127/III Jurdn. of 1997-98 dated June 10, 1997, issued by the first respondent and quash the same. 2. The petitioner, a registered partnership firm, is carrying on business as exporter of tea with headquarters at Chennai and it is an assessee to income-tax on the file of the Income-tax Office, City Ward-VIII(3), Chennai, under General Index No. 73368-G. 3. The petitioner states that the assessment for the year 1995-96 has already been completed and it has filed its return for the assessment year 1996-97, that the first respondent issued a notice under section 127 of the Income-tax Act (hereinafter referred to as 'the Act') dated May 26, 1997, that the petitioner filed detailed objections, and that without reference to the objections and without...
Tag this Judgment!Sri. Thirukkarai Eswarar Temple Devasthanam Vs. State of Tamil Nadu
Court: Chennai
Decided on: Sep-11-1997
Reported in: [1998]234ITR120(Mad)
Janarthanam, J. 1. Desirable it is to pen down a common order, inasmuch as the question involved in all these actions, is one and the same in respect of the assessee - Sri Thirukkarai Eswarar Temple Devasthanam, governed by the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act No. XXII of 1959 - as amended) relatable to the assessment years 1981-82, 1983-84 and 1984-85 as respects the income derived from agriculture on the land held by the said Devasthanam. 2. In respect of the assessment years 1981-82 and 1983-84, the Agricultural Income-tax Officer, Chengalpattu, in his proceedings GIR. 11/T-CGT/81-82 and 83-84, dated January 30, 1984, assessed the agricultural income-tax of the assessee-Devasthanam in sums of Rs. 4,420.40 and Rs. 2,775.40, respectively. It appears that the assessee-Devasthanam, pursuant to a notice under section 16(2) of the Tamil Nadu Agricultural Income-tax Act, 1955 (Tamil Nadu Act. No. V of 1955 - for short 'the Act'), simply submitt...
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