Chennai Court August 2001 Judgments
M.M. Nagalinga Nadar Sons Rep. by Its Partner D. Kanagasabai Vs. Sri L ...
Court: Chennai
Decided on: Aug-31-2001
Reported in: (2001)3MLJ523
1. The tenant is the revision petitioner. It is a partnership concern. The respondent trust represented by its trustees filed R.C.O.P. No. 149 of 1988 before the Rent Controller, Coimbatore, for the eviction of the revision petitioner under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act (Act 18 of 1960 as amended by Act 23 of 1973) (hereinafter referred to as the Act) for demolition and reconstruction.2. The case as set out in the petition was as follows:The petition mentioned property belonged to the respondent trust. The revision petitioner was a tenant on a monthly rent of Rs.850. The building was more than 100 years old and in a dilapidated condition. The roofing had become bad and it would collapse at any time. The neighbours had also complained about it. The Municipal Corporation had also raised serious objections to the condition of the building as it had posed a danger to the neighbours and it might fall at any time. Since the purchase of the property...
Tag this Judgment!Kannaiyan and ors. Vs. Periamalai
Court: Chennai
Decided on: Aug-31-2001
Reported in: (2001)3MLJ508
Prabha Sridevan, J.1. The appellants plaint was rejected under Order 7, Rule 11, C.P.C. as barred by res judicata.2. The respondent filed a suit against the appellants for partition and separate possession. Preliminary decree was passed on 30.4.1985. Thereafter, the respondent applied for passing of final decree on 9.4.1986. The appellants entered appearance on 16.8.1986 and filed an application to set aside the ex parte decree along with an application to condone the delay of 470 delays. According to them, even before the passing of preliminary decree, there was a Panchayat and the respondent had agreed to receive Rs. 2,000 in lieu of his claim and also promised to withdraw the suit. The appellants under the impression that the suit would be withdrawn, had not appeared in Court on the date when preliminary decree was passed. Only when they received notice of the final decree proceedings, they came to know of the fraud committed by the respondent. So they filed an application to set as...
Tag this Judgment!Masilamani (Died) and ors. Vs. Sedial Sengeni Mariamman Koil Sarian Ku ...
Court: Chennai
Decided on: Aug-31-2001
Reported in: (2001)3MLJ598
K. Sampath, J.1. Plaintiff in O.S.No. 783 of 1985, on the file of the III Additional District Munsif, Pondicherry, filed the second appeal and pending second appeal he having died, his legal representatives have come on record as appellant: 2 to 6.2. He filed the suit against the respondents herein for declaration of his title to the suit property, recovery of possession of the same, and for mesne profits.3. His case was as follows:The suit property measuring 5 ares and 60 c.a., i.e., 10 kulis, Dry Land Cad.No. 556/1, Resurvey No. 158/3 belonged to him being his ancestral property; he had been in possession and enjoyment from time immemorial; he had also been paying taxes for the suit property; he had been dealing with the suit property; an identical extent of the property situate on the northern side which also originally belonged to the plaintiff's ancestors comprised in Cadastre No. 556/2 had been gifted to the first defendant/ first respondent temple and since 1970 the first defend...
Tag this Judgment!Mangalakshmi Ammal and anr. Vs. Janakiraman
Court: Chennai
Decided on: Aug-31-2001
Reported in: (2001)3MLJ605
K. Sampath, J.1. The plaintiffs in O.S.No. 416 of 1982 on the file of the District Munsif, Gingee, are the appellants in the second appeal. They filed the suit for declaration of their title to the suit properties and for permanent injunction restraining the defendant/ respondent from interfering with their possession and enjoyment of the suit properties.2. Their case was as follows:The suit properties and other properties originally belonged to one Kuppa Kounder. Kuppa Kounder had two sons, Poongavana Kounder and Govindasamy. Poongavanam married the first plaintiff and a son by name Sampath was born to them. Poongavanam died leaving his wife and his son and as per the custom in the community, the first plaintiff married Poongavanam's brother Govindasamy, who was at that time unmarried. The second plaintiff was born to Govindasamy and the first plaintiff. Sampath died unmarried and his share was inherited by the first plaintiff. Govindasamy and the second plaintiff constituted a joint ...
Tag this Judgment!B. Anandhi Vs. R. Latha and anr.
Court: Chennai
Decided on: Aug-31-2001
Reported in: I(2002)ACC233; 2002ACJ233
A. Subbulakshmy, J.1. These appeals arise as against the order passed by the Motor Accidents Claims Tribunal, Madras, in M.C.O.P. Nos. 3737 and 3741 to 3745 of 1995. Since all these claims arise out of the same accident, the claim petitions were disposed of by common order dated 14.8.2000. As these C.M.As. arise out of the common order passed in the above said M.C.O.Ps. these appeals are disposed of by this common judgment.2. Claimants in M.C.O.P. No. 3737 of 1995 are the parents of the deceased. They filed the claim petition claiming compensation of Rs. 3,00,000 for the death of their son in the motor vehicle accident that took place on 18.8.1995 at about 1.00 a.m. When the deceased Bhaskar Babu, who was working as cleaner in the lorry owned by the respondent No. 1, was travelling in the lorry bearing registration No. TMO 6226 from Manali to Tambaram driven by its driver in a rash and negligent manner dashed against the autorickshaw bearing registration No. TN 01-B-9469 and the deceas...
Tag this Judgment!Malar Finance Corporation Represented by Its Managing Partner, Pandura ...
Court: Chennai
Decided on: Aug-31-2001
Reported in: (2001)3MLJ753
K. Sampath, J.1. The plaintiff in O.S.No. 1914 of 1986 on the file of I Additional District Munsif, Pondicherry is the appellant in the second appeal.2. The plaintiff which is a partnership firm filed the suit for recovery of Rs. 10,000 with interest at 24% per annum from the respondents herein on the following averments:The defendants borrowed a sum of Rs. 10,000 on 17.11.1984 from the plaintiff and executed a promissory note agreeing to repay the amount jointly and severally with interest at 24% per annum. Inspite of repeated demands, the defendants failed to pay the amount due under the promissory note. The plaintiff caused a lawyer's notice to be issued on 8.8.1986 calling upon the defendants to repay the amount with interest. Though the defendants received the notice, they did not choose to repay or send any reply to the suit notice, necessitating the filing of the suit.3. The first defendant resisted the suit contending inter alia as follows:He received Rs. 10,000 by way of chequ...
Tag this Judgment!M. Govindarajan Vs. R.S. Vaideeswaran
Court: Chennai
Decided on: Aug-30-2001
Reported in: (2001)3MLJ458
ORDER1. These civil revision petitions are filed by the tenant as revision petitioner in both civil revision petitions against separate judgments and decrees dated 14.8.2000 and made in R.C.A.Nos. 1354 of 1996 and 1165 of 1996 on the file of the learned VII Judge, Court of Small Causes, Madras confirming the separate orders and decretal orders dated 27.8.1996 and made in M.P.No. 303 of 1993 in R.C.O.P.No. 1413 of 1992 and R.C.O.RNo. 1413 of 1992 respectively on the file of the learned XV Judge, Court of Small Causes, Madras.2. The facts that are necessary for disposal of these civil revision petitions are as follows: -The respondent herein, who is the petitioner, is the owner of the premises described in the Rent Control Original Petition and the revision petitioner in both civil revision petitions, herein after referred to as 'the revision petitioner' is the tenant of the demised premises on a monthly rent of Rs. 300. The respondent herein filed a petition for eviction against the rev...
Tag this Judgment!Commissioner of Income-tax Vs. Shri Rani Lakshmi Ginning Spinning and ...
Court: Chennai
Decided on: Aug-30-2001
Reported in: [2002]256ITR592(Mad)
R. Jayasimha Babu, J. 1. The expenditure incurred was to replace the old and worn out parts of the machinery which was in a textile mill. The fact that the value of the parts replaced is about Rs. 12,07,292 does not on that account alone make it a capital expenditure. It is the finding of the appellate authority that without replacing all those parts, namely, cone winder and speed frame, production would have been adversely affected and that such replacement was in fact essential.2. We find no error of law in the order of the Tribunal which requires to be corrected by this court. The appeal is dismissed....
Tag this Judgment!Commissioner of Income-tax Vs. Tube Investments of (India) Ltd.
Court: Chennai
Decided on: Aug-30-2001
Reported in: [2003]261ITR753(Mad)
R. Jayasimha Babu, J.1. Having perused the order of the Tribunal and heard counsel, we do not see any error in the order of the Tribunal, Investment allowance allowed on the ground water tank used for storing water required for cooling of plant and machinery was properly allowed. Pro-rata annual allocation of premium payable on redemption of debentures allowed by the Tribunal is in accordance with the law laid down by the apex court in the case of Madras Industrial Investment Corporation Ltd. v. CIT : [1997]225ITR802(SC) .2. The appeal is dismissed....
Tag this Judgment!Commissioner of C. Ex. Vs. Cegat
Court: Chennai
Decided on: Aug-30-2001
Reported in: 2000LC32(Madras); 2001(133)ELT535(Mad)
ORDERR. Jayasimha Babu, J.1. We do not find any merit in the petition. Amittedly, no period of limitation had been fixed by the statute or the rules made thereunder. At the time the credit was taken there was no dispute about the fact that the materials had in fact been received and the duty had been paid thereon. The limitation prescribed subsequently by notification was not given retrospective effect. The Tribunal was right in holding that the credit taken beyond six month's period is perfectly valid.2. The petition is dismissed. ...
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