Chennai Court June 2003 Judgments
K. Velmurugan and Mrs. V. Rajabakkiyam Ammal Vs. R. Kannan (Died) and ...
Court: Chennai
Decided on: Jun-23-2003
Reported in: (2003)2MLJ666
N.V. Balasubramanian, J.1. Defendants 2 and 3 are in appeal before us. They have filed the appeal challenging the judgment and decree in O.S. No. 197 of 1985 dated 13.9.1988 by the learned Subordinate Judge, Poonamallee in a suit for recovery of money due on a mortgage. The plaintiffs are the legal representatives of one Murugaiya Thevar, the mortgagee of the suit property. 2. According to the plaintiffs, the first defendant, R.Kannan had borrowed a sum of Rs. 43,000/- from Murugaiya Thevar and executed a registered second mortgage deed dated 20.7.1978 in his favour agreeing to repay both principal and interest at the rate of 18% per annum on demand. The first defendant agreed to repay the amount with interest on or before 10th of every month and the default clause is also provided in the mortgage deed. In the deed it is provided that the mortgagee was empowered to recover the amount due under the mortgage after the loan under the first mortgage dated 23.1.1973 was discharged and a rec...
Tag this Judgment!P. Baluchamy Vs. the State Rep. by the Secretary to Govt., Co-operatio ...
Court: Chennai
Decided on: Jun-23-2003
Reported in: 2003(3)CTC65; (2003)IIILLJ815Mad; (2003)3MLJ54
ORDERK. Govindarajan, J.1. The Government, on the basis of the recommendations of the Registrar of Co-operative Societies, decided to constitute the Tamil Nadu Primary Agricultural Co-operative Banks' common cadre of service in respect of the post of Secretary in Primary Agricultural Co-operative Banks. To implement the said decision, exercising powers conferred under Section 75 of the Tamil Nadu Co-operative Societies Act 1983 (hereinafter called 'the Act'), the Government passed order in G.O.Ms.No.55, Co-operation, Food and Consumer Protection Department, dated 24.3.2000 constituting common cadre of service in respect of the post of Secretary in Primary Agricultural Co-operative Banks in the State. They have also formed the Tamil Nadu Agricultural Co-operative Banks common Cadre Service Regulations.2. Challenging the said Government Order, most of the petitioners have filed the writ petitions. Some of them have challenged the validity of Section 75 of the Act.3. Mr. Chandru, learned ...
Tag this Judgment!Christian Medical College and Hospital, Rep. by Itscouncil Secretary V ...
Court: Chennai
Decided on: Jun-20-2003
Reported in: 2003(3)CTC158; (2003)IIILLJ650Mad; (2003)2MLJ793
P. Shanmugam, J. 1. Respondent in the claim petition and petitioner in the writ petition, aggrieved by the confirming orders, has preferred the above writ appeal.2. The facts leading to the case are stated below :-The Christian Medical College and Hospital Employees' Union raised Industrial Dispute No. 90 of 1989 before the Industrial Tribunal in reference to payment of bonus and enhancement of pay scales. The Government of Tamil Nadu, as per G.O. No. 1672 dated 8.9.1989, made the following reference to the Industrial Tribunal, Chennai : (1) Whether the demand for payment of bonus to the workers at 8.33% for the year 1986-87 is justified, and if not, to what relief they are entitled ?(2) Whether the demand for enhancement of pay scales to the workers by 20% over the present pay scales is justified? and if so, to fix the pay scales and the dates from which the revised pay scales should be given effect to. The Management of Christian Medical College and Hospital raised an objection dated...
Tag this Judgment!The Tamil Nadu Small Industries Development Corporation Ltd., Represen ...
Court: Chennai
Decided on: Jun-20-2003
Reported in: (2004)ILLJ67Mad
ORDERK.P. Sivasubramaniam, J.1. The petitioner is Tamil Nadu Small Industries Development Corporation Limited, an undertaking of the Tamil Nadu Government. The petitioner prays for the issue of a writ of certiorarified mandamus to call for the records relating to the order of the respondent dated 11.4.2000, to direct the respondent not to enforce the order of withdrawal of relaxation until the petitioner finally evolves an appropriate procedure in accordance with law for the coverage and protection of the contract employees.2. The petitioner being an undertaking of the State Government, they had applied for the grant of exemption from the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The same is pending for consideration till now. In the mean time, a relaxation order was issued by the respondent. The petitioner establishment was functioning all these years in accordance with the provisions of the Act. They have been complying with the suggestions ...
Tag this Judgment!T. Venkatesan Vs. the District Collector,
Court: Chennai
Decided on: Jun-20-2003
Reported in: I(2006)BC276; [2005]125CompCas79(Mad); (2004)ILLJ133Mad; [2004]50SCL685(Mad)
P.K. Misra, J. 1. The petitioner has prayed for issuing a Writ of Mandamus directing the respondents 1 and 2 to initiate further action under Section 9 of the Tamil Nadu Revenue Recovery Act, 1864, to recover a sum of Rs. 80,979/- with interest at 10 per cent per annum from the third respondent. 2. The undisputed fats in brief are as follows:- The petitioner was employed under the third respondent and ultimately retired from service in June 1999. The third respondent has not paid the amount payable towards gratuity forcing the petitioner to file P.G. case No. 146 of 2000 under Section 7 of Payment of Gratuity Act, 1972 before the Assistant Commissioner of Labour. By order dated 16-10-2000, the Assistant Commissioner of Labour issued a direction to the third respondent to pay a sum of Rs. 80,979/- with interest at the rate of 10% per annum. However, since the amount remained unpaid, on the petition of the petitioner, the Assistant Commissioner issued a certificate under Section 8 of the...
Tag this Judgment!M. Vidyasagar Vs. Deputy General Manager, Syndicate Bank
Court: Chennai
Decided on: Jun-20-2003
Reported in: (2003)3MLJ219
P.K. Misra, J.1. Petitioner is an employee under the Syndicate Bank. He has prayed for quashing the charge memo dated 15.4.1994 issued by the Deputy General Manager, Syndicate Bank, Zonal Office, Bangalore.2. The petitioner was functioning as Sub-Manager of the Syndicate Bank, Kodambakkam branch from 4.2.1985 to 21.7.1986. During the said period, an employee had obtained loan from the bank by pledging her jewels. The jewels were to be kept in safe custody under double-lock system and one of the keys is to be with the petitioner and the Assistant Manager is the custodian of the other key. At the time of redemption of the jewels, it was suspected that the jewels had been substituted. Prosecution under Section 409 IPC was launched. During investigation of the said criminal case, the petitioner was placed under suspension. Initially the petitioner was convicted by the trial court by judgment dated 27.4.1989. Criminal Appeal No.93/89 filed by the petitioner was also dismissed by the Second ...
Tag this Judgment!S.P. Dhandapani Vs. Prema
Court: Chennai
Decided on: Jun-20-2003
Reported in: AIR2004Mad187; 2003(4)CTC729; (2003)2MLJ726
ORDERM. Karpagavinayagam, J. 1. Prema filed a suit in O.S.No. 161 of 1990 against one Dhandapani for permanent injunction restraining the defendant from running the electric motors and machineries in his ice factory, thereby causing nuisance by noise and vibration. The suit was dismissed after trial on 22.6.1993. Prema, the plaintiff filed an appeal before the appellate Court in A.S.No. 35 of 1993. Ultimately, after hearing the parties, the appellate Court was pleased to pass a decree by allowing the appeal restraining the defendant Dhandapani from running the electric motor in his factory from 6.00 p.m. to 6.00 a.m. by the judgment dated 22.1.1996. Since the decree was not obeyed, Prema, the plaintiff filed execution petition on 10.8.2001 in E.P.No. 85 of 2001 praying for the order of arrest of the defendant and attachment of the property. After enquiry, the executing Court by the order dated 7.1.2003 held that the decree was disobeyed by the defendant/judgment-debtor. However, furthe...
Tag this Judgment!The Management of Sundaram Industries Limited, (Coach Division) Vs. th ...
Court: Chennai
Decided on: Jun-20-2003
Reported in: (2003)IIILLJ930Mad
ORDERK.P. Sivasubramaniam, J. 1. The petitioner/management has sought for the issue of a writ of certiorari to quash the award of the first respondent, Presiding Officer, Labour Court, Tiruchy, in I.D. No. 93/96 dated 8.12.1999. 2. The petitioner contends that they are carrying different lines of business, one of which relates to body building for buses, vans and trucks. They have a unit at Viralimalai and during the relevant period about 300 workmen were working. The unit has separate certified Standing Orders. The unit was also paying to all its workmen reasonable wages and providing excellent service from the year 1981. The majority of the workers are members of T.V.S. Workers' Union affiliated to I.N.T.U.C. which has been recognised by the Management. A settlement was also executed which was remaining in operation and it was agreed that the workmen shall not make any demand or raise any dispute which would involve additional financial commitment to the Company. 3. Some of the workm...
Tag this Judgment!T. Perumal Vs. R. Nesammal
Court: Chennai
Decided on: Jun-20-2003
Reported in: AIR2004Mad37; I(2004)DMC94; (2003)3MLJ346
V. Kanagaraj, J.1. The above second appeal is directed against the judgment and decree dated 27.6.1991 rendered in A.S. No. 57 of 1990 by the Court of District Judge, Nagercoil thereby confirming the judgment and decree dated 29.10.1986 rendered in O.S. No. 256 of 1985 by the Court of Principal District Munsif, Padmanabhapuram.2. Plaintiff is the appellant herein. He filed the suit in O.S. No. 256 of 1985 before the trial Court against his wife, the respondent herein, for a declaration that the plaintiff and the defendant are not husband and wife and for an injunction restraining the defendant from claiming any right against the plaintiff as his wife on averments such as that he is a born Hindu and he is professing Hindu religion all along; that the defendant is a Christian belonging to C.S.I. Church; that it was misrepresented to him that the defendant is a Hindu as a result of which the marriage between himself and the defendant was solemnised on 29.10.1982 at the residence of the de...
Tag this Judgment!The Nazareth Cooperative Building Society Limited Through Its Special ...
Court: Chennai
Decided on: Jun-19-2003
Reported in: 2003(3)CTC217
P. Thangavel, J. 1. The plaintiff as appellant has come forward with this Second Appeal against the judgment and decree dated 31.3.1992 and made in A.S. No. 99 of 1989 on the file of the learned II Additional District Judge, Tirunelveli, confirming the judgment and decree dated 21.4.1989 and made in O.S. No. 264 of 1983 on the file of the learned Subordinate Judge, Tuticorin.2. The facts that are necessary for disposal of this Second Appeal are as follows: property described in the plaint belonged to the defendant and the said house was constructed by him by borrowing loan from the plaintiff Society. The defendant had defaulted to repay the loan amount and, therefore, the suit property was brought to sale in public auction by the plaintiff Society as per the Award passed by the defendant under the Tamil Nadu Co-operative Societies Act and Rules, 1983. The property was sold in auction on 30.9.1977 and the sale was confirmed in favour of the plaintiff Society on 20.5.1978. The plaintiff ...
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