Chennai Court October 2002 Judgments
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T.N. Krishna Pillai S/O Nallaperumal, Vs. K. Nallaperumal S/O T.N. Kri ...
Court: Chennai
Decided on: Oct-04-2002
Reported in: (2002)3MLJ667
K. Sampath, J.1. The substantial question of law raised in the second appeal is 'whether the appellate Court is correct in its construction of Ex.A-1 Will?'2. We will straight away look into the document and try to interpret it in the light of the established principles relating to documents interpretation and see which of the Courts below has understood the document correctly.Ex.A-1 is the document; it is a Will dated 18.4.1943 executed by one Nallaperumal Pillai; under the said Will, the testator gives all the properties in the Schedule to the Will to his wife Adhilakshmi Ammal subject to certain conditions; she is not to alienate Schedules 1 and 2 properties; she is to take the Schedule 3 properties after the testator's lifetime absolutely with full powers of alienation; after her lifetime, their foster son Krishnan is to take the properties and enjoy them; neither Krishnan nor his heirs can alienate the property at any time; the said Krishnan is to perform the obsequies of both the...
Mrs. Vera Marie Vas and anr. Vs. Mrs. Joyce Primrose Preston Nee Vas a ...
Court: Chennai
Decided on: Oct-04-2002
Reported in: (2002)3MLJ510
ORDERC. Nagappan, J. 1. Defendants 1 and 2 in O.S. No. 147 of 1997 on the file of Subordinate Judge, Udhagamandalam have filed the present revision against the order passed in I.A. No. 1251 of 1997. 2. When the revision was pending, the second petitioner in the revision died leaving the first petitioner and respondents 1 and 2 as her surviving heirs. 3. The first respondent filed a suit for partition in April, 1997 against the petitioners and second respondent herein seeking partition of her 1/4th share in the suit properties. The petitioners herein filed written statement in September, 1997. 4. The plaintiff filed application under Order VIII, Rule 9, C.P.C read with Section 151, C.P.C seeking leave of the court to file subsequent pleadings by stating that the averments in the written statement are contrary to facts and there is need to clarify the position by filing subsequent pleadings. The defendants 1 and 2 filed counter statement contending that Order VIII, Rule 9 C.P.C is intend...
Kasturi and Sons Ltd. Vs. F.D. Stewart Pvt. Ltd.
Court: Chennai
Decided on: Oct-04-2002
Reported in: [2003]113CompCas438(Mad); [2004]54SCL272(Mad)
P. Sathasivam, J.1. The official liquidator has filed this application seeking for a direction to the respondent to pay a sum of Rs. 1,47,797.60 being the amount due with interest of Rs. 1,53,298.65 from August 30, 1984, to the date of this application amounting to Rs. 3,01,096.25 with subsequent interest at the rate of 20 per cent. per annum on Rs. 1,47,797.60 from the date of the application till the date of realisation.2. In the report filed in support of the above application, the official liquidator has stated that M/s. F. D. Stewart Private Limited (hereinafter referred to as 'company in liquidation') was ordered to be wound up by an order dated September 7, 1987 in C. P. No. 73 of 1985. The erstwhile managing director of the company has delivered the statement of affairs on March 14, 1988. The applicant has taken into custody certain books and records of the company in liquidation which were handed over to him on January 21, 1988. This application could be preferred only after t...
M.S. Mathivanan Vs. Government of Tamilnadu, Rep. by Its Secretary, Ct ...
Court: Chennai
Decided on: Oct-04-2002
Reported in: AIR2003Mad93
ORDERP.D. Dinakaran, J. 1. Alleging that respondents 5 to 9 have no valid authority to execute documents relating to the properties owned by the Trust, viz. S.S.M. Foundation Trust for Education and Social Development as well as the educational institutions run by the Trust, viz. S.S.M. College of Engineering and Sun Shine Matriculation School, as they are ceased to be the trustees of the said Trust, the petitioner has submitted his objection to the fourth respondent for registering the documents executed by respondents 5 to 9. However, the fourth respondent, by proceedings No. 13 of 2002 and 12 of 2002 respectively, even dated 6.9.2002, rejected the objection of the petitioner. Hence, the petitioner seeks a writ of Certiorarified Mandamus calling for the records of the fourth respondent made in his letter bearing serial No.13 of 2002 and 12 of 2002, quash the same and direct the fourth respondent to take note of the said protest letter on the ground that the fourth respondent refused ...
K. Panneerselvam Vs. Indian Bank, Rep. by Its Chairperson and Managing ...
Court: Chennai
Decided on: Oct-04-2002
Reported in: [2002(95)FLR1098]; (2003)ILLJ273Mad
P.K. Misra, J.1. The petitioner has filed this writ petition to quash the order passed by the respondent No.2 dated 3.10.2001 and for issuance of Writ of Mandamus directing the respondents to accept his request dated 18.9.2001 for going on voluntary retirement without prejudice to the contentions raised by the petitioner in W.P.No.19915 of 2001.2. The petitioner joined under the respondent Bank in the year 1974. The respondent bank introduced a Voluntary Retirement Scheme on 9.11.2000 giving option to the employees, who had completed 15 years of service and were above 40 years, to seek for voluntary retirement. Accordingly the petitioner applied for retirement under the Scheme on 27.11.2000. However, the bank has rejected such request by order dated 11.7.2001. The said order has been impugned by the petitioner in W.P.No.19915 of 2001 and the writ petition has been admitted and is pending.3. While the matter stood thus, the petitioner filed fresh application on 18.9.2001 requesting the ...
Madras Refineries Limited Vs. V. Jayakumar and the Presiding Officer, ...
Court: Chennai
Decided on: Oct-04-2002
Reported in: (2003)ILLJ1007Mad
P.K. Misra, J.1. In (GUJARAT STEEL TUBES LTD. v. GUJARAT STEEL TUBES MAZDOOR SABHA), Justice Krishna Iyer had prefaced his judgment with the following observation : -' Every litigation has a moral and, these appeals have many, the foremost being that the economics of law is the essence of labour jurisprudence.'While expressing what he in his own inimitable way described as Olive Branch approach, it was observed :-' . . . The golden rule for the judicial resolution of an industrial dispute is first to persuade fighting parties, by judicious suggestions, into the peace-making zone, disentangle the differences, narrow the mistrust gap and convert them, through consensual steps, into negotiated justice. Law is not the last word in justice, especially social justice. Moreover, in our hierarchical court system, the little man, lives in the short run but most litigation lives in the long run. So it is that negotiation first and adjudication next, is a welcome formula for the Bench and the Bar...
imperial Corporate and Services (P) Limited Vs. Aruna Sugars and Enter ...
Court: Chennai
Decided on: Oct-04-2002
Reported in: (2002)3MLJ750
ORDERP. Sathasivam, J.1. The petitioning creditor has filed the above Company Petition under Section 433(e) , 434 and 439 of the Companies Act for winding up of the respondent company namely Aruna Sugars and Enterprises Limited, Chennai-34.2. The case of the petitioner is briefly, stated hereunder: The respondent company was incorporated on 9.9.60 under the Companies Act, 1956. The nominal capital of the company is Rs. 24,00,00,000 comprising of 2,40,00,000 equity shares of Rs. 10 each. The amount of paid-up capital is Rs. 9,00,00,00. The main objects for which the company was set up are to carry on the business of sugar boilers, manufacturers, and refiners and dealers in sugar of all varieties and kinds and its by-products, distillers and spirit-merchants and other connected business combined with the above said objects. The petitioners are SEBI-registered Cateogory-1 Merchant Bankers, who have adequate experience and expertise to advise parties on investments, takeovers, mergers, spi...
Catholic Centre Vs. Pilot Pen Co. (India) Pvt. Ltd. (In Liquidation)
Court: Chennai
Decided on: Oct-04-2002
Reported in: [2002]112CompCas552(Mad); (2004)4CompLJ565(Mad)
P. Sathasivam, J. 1. A director of the Pilot Pen Company (India) Private Limited, the company under liquidation has filed the above application seeking a direction to the first respondent-official liquidator, High Court, Madras, to remit the admitted liability of Rs. 95,57,921 after waiving the demand for interest and penal interest claimed by various creditors. 2. In the affidavit filed in support of the above application, it is stated that the report of the official liquidator dated November 1, 2001, shows that totally a sum of Rs. 2,07,67,007 is due by the company to the various authorities enumerated therein and the individual creditors. The factual position of the various amounts due to the Department is as follows : The demand for wealth tax for the periods 1984-85 to 1992-93 is stated to be Rs. 59,49,151. The interest component claimed under Section 31(2) of the Wealth-tax Act, 1957, for non-payment of the demand within 35 days thereof is stated to be Rs. 91,13,057. The total am...
Catholic Centre Vs. Pilot Pen Co. (India) (P) Ltd. (In Liquidation) an ...
Court: Chennai
Decided on: Oct-04-2002
Reported in: [2003]259ITR252(Mad)
P. Sathasivam, J.A director of Pilot Pen Company (India) Private Ltd., the company under liquidation has filed the above application seeking a direction to the first respondent-official liquidator, High Court, Madras, to remit the admitted liability of Rs. 95,57,921 after waiving the demand for interest and penal interest claimed by various creditors.2. In the affidavit filed in support of the above application, it is stated that the report of the official liquidator dated 1-11-2001, shows that totally a sum of Rs. 2,07,67,007 is due by the company to the various authorities enumerated therein and the individual creditors. The factual position of the various amounts due to the department is as follows :The demand for wealth-tax for the periods 1984-85 to 1992-93 is stated to be Rs. 59,49,151. The interest component claimed under section 31(2) of the Wealth Tax Act, 1957, for non-payment of the demand within 35 days thereof is stated to be Rs. 91,13,057. The total amount claimed is Rs. ...
Commissioner of Income-tax Vs. Sree Senhavalli Textiles P. Ltd.
Court: Chennai
Decided on: Oct-01-2002
Reported in: (2003)183CTR(Mad)453
R. Jayasimha Babu, J.1. The question referred to us at the instance of the revenue is, 'Whether on the facts and in the circumstances of the case, the Tribunal is correct in law in upholding the order of the Commissioner (Appeals) holding that the depreciation should not be allowed to the assessee since he has specifically withdrawn the claim for depreciation by filing revised return?' The assessment year is 1988-89.2. The Supreme Court in the case of Commissioner of Income-tax vs. Mahendra Mills, (2000) 243 ITR 56, has held that if the revised return filed by the assessee is a valid return and the assessee has withdrawn the claim for depreciation that it had made in the original return, then the assessment based on the revised return without considering the claim for depreciation would be a proper assessment. The Court observed that privilege for claiming depreciation cannot be converted into a disadvantage, and option cannot become an obligation. 3. Though after that judgment was ren...
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