Chennai Court November 2001 Judgments
The Superintending Engineer, Periyar Electricity Distribution Circle, ...
Court: Chennai
Decided on: Nov-30-2001
Reported in: (2002)1MLJ515
A. Ramamurthi, J.1. The unsuccessful defendants in both the courts below are the appellants.2. The case in brief is as follows:-The plaintiffs filed a suit for permanent injunction restraining the defendants and their men from enforcing the notice No. 580 of 1985 dated 25.3.1985 and disconnect the service connection No.56, Karukkampalayam, Lakkapuram Pudur Village, Erode Taluk. Plaintiffs 2 and 3 are carrying on business under the name and style of Palani Andavar Oil Mills at Karukkampalayam, Lakkapuram Pudur Village, Erode Taluk. Originally the said mills belonged to the first plaintiff. In the family partition dated 30.12.1983, plaintiffs 2 and 3 have been allotted under 'C' schedule along with the service connection. Ever since the date, plaintiffs 2 and 3. are the owners of the properties and the oil mill is provided with service connection No.56. They are consuming energy and paying the electricity charges to the first defendant. The second defendant on 20.3.1985 filed a complaint...
Tag this Judgment!Tan India Ltd. (In Liquidation) Vs. Sundaram Finance Ltd.
Court: Chennai
Decided on: Nov-30-2001
Reported in: [2002]108CompCas591(Mad)
E. Padmanabhan, J.1. This application has been taken out by Tan India Ltd., seeking to set aside the order of winding up passed by this court on 25-6-2001, in C.P. No. 243 of 1997. This application is being resisted by the petitioner in the company petition on very many grounds.2. Before taking up this application, it is essential to refer to the earlier order. In C.P, No. 243 of 1997, N.V. Balasubramanian J., on 25-6-2001, passed an order winding up Tan India Ltd. The said winding up order has been passed as the learned judge arrived at the conclusion that the company is unable to pay its debts and the company is commercially insolvent. The learned judge held thus :'2. Insofar as C.P. No. 243 of 1997 is concerned, the case of the petitioner is that it carries on business in extending hire purchase and leasing facility on vehicles and machinery and equipment. According to the petitioner, the respondent entered into a hire purchase agreement with it. The respondent undertook to pay amou...
Tag this Judgment!Management of Easun Machine Tool Works Vs. Presiding Officer, Ii Addit ...
Court: Chennai
Decided on: Nov-30-2001
Reported in: (2002)ILLJ1100Mad; (2002)1MLJ228
ORDERP. Sathasivam, J.1. Aggrieved by the award of the Second Additional Labour Court, Madras, dated October 4, 1993 made in I.D. No. 371 of 1987, reinstating the workman-second respondent herein into service with back wages for the period of non-employment with all other benefits, the management of Easun Machine Tool Works, preferred the above writ petition.2. The case of the petitioner-Managementis briefly stated hereunder: Originally most of their employees were belonging to a Union called Madras Chengalput General Workers Union. After sometime, dissatisfied with the attitude of the Madras Chengalput General Workers Union and its office bearers, some of the employees formed a separate Union under the banner of Tamil Nadu National Engineering Employees Union. They also entered into a settlement under Section 12(3) of the Industrial Disputes Act for reopening of the factory before the Assistant Commissioner of Labour on November 25, 1985. In respect of severe financial constraints, th...
Tag this Judgment!Palanisamy Vs. Management of Rani Mangammal Transport Corporation
Court: Chennai
Decided on: Nov-30-2001
Reported in: (2003)ILLJ1021Mad
ORDERP. Sathasivam, J.1. Aggrieved by the order of the respondent-management of Rani Mangammal Transport Corporation, dated June 27, 1994, ordering recovery of Rs. 13,400 from the salary, the petitioner has filed the above writ petition to quash the said order.2. According to the petitioner he was working as a conductor in the Palani depot of the respondent-Corporation. He had put in 14 years of unblemished record of service. He was on duty on April 26, 1992 in a bus running between Madurai and Coimbatore. The bus had shed-out from Palani at 4.30 A.M. At that time, he was entrusted with 3 ticket books. The bus had reached Madurai at about 8 A.M. The bus would have to return back to Palani depot only on the evening at about 6 P.M. on April 27, 1992. Out of the 8 unused ticket books, one was meant for April 26, 1992 and the other was for April 27, 1992 and the third was a spare one. Each ticket book contained 500 leaves. The respondent- Corporation has not made any arrangement for the sa...
Tag this Judgment!M. Natesan and 5 ors. Vs. Thiruvanaikoil Arulmighu Sri Jambukeswarar T ...
Court: Chennai
Decided on: Nov-28-2001
Reported in: (2002)1MLJ542
ORDER1. The defendants, who lost in both the courts below, have preferred these second appeals.2. The case in brief is as follows:- The plaintiff temple represented by the Executive Officer filed the suits against the respective defendants for delivery of possession of the suit properties and for past and future mesne profits till date of delivery. The suit properties belong to the plaintiff temple absolutely and they were also granted patta under Act 30 of 1963. The defendants or their predecessors were also parties in the enquiry. The plaintiff succeeded only in S.T.Appeal No.209 of 1974, whereby the orders passed by the Settlement Authorities as well as the Tribunal were set aside and the temple was granted ryotwari patta. The defendants are estopped and barred by the principles of resjudicata from claiming any right to the suit lands and also from denying plaintiffs title. Even after the verdict of this Court, the defendants in the respective suits have neither surrendered possessi...
Tag this Judgment!C. Devaraj and anr. Vs. C. Radhakrishnan
Court: Chennai
Decided on: Nov-27-2001
Reported in: (2002)1MLJ463
ORDER1. The unsuccessful defendants in both the Courts below are appellants.2. The case in brief is as follows: - The plaintiff filed a suit for declaration and permanent injunction, in the alternative for recovery of possession. The schedule mentioned properties belong to the plaintiff having purchased the same under two sale deeds dated 5.5.1961 and 10.12.1975 for valid consideration. The plaintiff has been in possession and enjoyment of the suit properties from the dates of sale and he continues to be in possession. The plaintiff has been working as a Professor in a College at Cuddalore since 1968 and before that, he was working as a Research Assistant in State Fisheries in Muthupettai. He has been earning decently and he has been living with his family in Cuddalore. With regard to the purchase made in 1975, the sale consideration was provided by the plaintiff from out of his separate earnings. With regard to the purchase made in 1961, his grand father purchased the properties in hi...
Tag this Judgment!Pandyan Roadways Corporation Ltd. Vs. Presiding Officer, Labour Court ...
Court: Chennai
Decided on: Nov-27-2001
Reported in: [2002(92)FLR1186]; (2002)ILLJ1016Mad
ORDERP. Sathasivam, J.1. Aggrieved by the common award of the Labour Court, Madurai, dated May 17, 1993 in I.D. Nos.680 and 684 of 1990, Pandiyan Roadways Corporation Limited has filed the above writ petitions. 2. According to the petitioner, it is a State Transport Undertaking of the Government of Tamil Nadu. Apart from permanent staff for running the business of passenger transport, they would engage persons on casual daily basis for miscellaneous work of sweeping and cleaning and pay them for the work done by them. No regular time of work is fixed and the petitioner has no supervisory control over such persons. The second respondent in both the writ petitions was one such person who was engaged in casual daily basis during the year 1986 for cleaning the toilets, rest house, etc., at the Periyar bus stand. Initially, they were paid Rs. 10 per day and later on the amount was revised to Rs. 20 per day. After the employment ceased, the second respondent in both cases raised disputes abo...
Tag this Judgment!Dharani Sugars and Chemicals Ltd. Vs. Commercial Tax Officer and ors.
Court: Chennai
Decided on: Nov-27-2001
Reported in: [2002]128STC554(Mad)
ORDERR. Jayasimha Babu, J. 1. The petitioner is a sugar mill which went into commercial production in January, 1989. By that time it went into commercial production, the scheme concerning the grant of concessions and benefits under the State's sales tax for new sugar mills had undergone a change.2. The order of the Government in G.O. Ms. No. 989, Industries (MID 1) Department dated September 1, 1988, brought about the change in the pre-existing scheme. Under the scheme as it existed prior to 1988, the Government had been granting waiver of purchase tax for a period of five years from the date of commencement of commercial production of the sugar mills. It had granted such waiver to sugar mills in the co-operative sector as also in the private sector; the first of such orders having been made in G.O. Ms. No. 1294 Industries Department, dated October 24, 1975 the benefit of that order being confined to sugar factories in co-operative and public sectors.3. In that order of the year 1975, ...
Tag this Judgment!Rajagopal and anr. Vs. Kaliaperumal
Court: Chennai
Decided on: Nov-27-2001
Reported in: (2002)1MLJ335
ORDERM. Chockalingam, J. 1. This second appeal has arisen from the judgment and decree of the learned District Judge, Cuddalore made in A.S.No. 55 of 1987, dated 15.12.1988 modifying the judgment and decree of the Sub-Court, Villupuram in O.S.No. 144 of 1985, dated 23.1.1987. 2. The respondent/plaintiff filed a suit for declaration of his title in respect of the suit properties along with delivery of possession and mesne profits with the following averments. The suit properties originally belonged to the family of defendants herein. The 1st defendant, who was managing the affairs of the family, on 26.6.1983 for himself and as guardian for his minor children along with the 2nd defendant sold the properties to plaintiff for a valid consideration of Rs. 43,000 by means of registered deed. Out of the sales consideration, a sum of Rs. 3,000 went in discharge of the mortgage executed by the defendants in favour of the plaintiff and the balance of Rs. 40,000 would be paid before the Sub Regis...
Tag this Judgment!Commissioner of Income-tax Vs. R.K.K.R. Steels P. Ltd.
Court: Chennai
Decided on: Nov-26-2001
Reported in: (2002)178CTR(Mad)72; [2001]258ITR306(Mad)
R. Jayasimha Babu, J. 1. The Tribunal has accepted the assessee's case that the expenditure incurred on the education of the son of the directorabroad should be treated as business expenditure, reversing the view of the Commissioner and the assessing authority. The assessment year is 1977-78. 2. The assessee which is engaged in re-rolling and manufacturing of steel had claimed that the sum of Rs. 64,922 expended on meeting the cost of travel to USA and the expenditure connected with the education of the son of Balwant Rai, who was the director of the company, is deductible as business expenditure as the said Rajiv Rai had acquired an M. B. A. degree and had later on joined the company. There was no agreement between Rajiv Rai and the company before he was sent abroad. There was no requirement that he should join the company after completing his education. Being the son of the director of a private limited company which was apparently family owned he became a director of the company wit...
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