Court : Chennai
Decided on : Jul-19-1973
Reported in : 1974CriLJ261
Venkataraman, J.1. This is a reference by the learned Sessions Judge of Tirunelveli to transfer J. C. No. 264 of 1972 pending against juvenile Pandi, from the file of the Juvenile Court. Tirunelveli, to the Court of Session. The circumstances under which the reference has been made are these. A charge-sheet, was filed by the Police in the Court of the Sub-Magistrate, Nanguneri against two persons, one Perumal and his son. the said Pandi, on the allegation that Pandi. committed an offence of murder (Section 302 of the Indian Penal Code) and that the father abetted the commission of the said offence and was (punishable under Section 302 read with Section 34 or Section 302 read with Section 109 I. P. C. At the time of the filing of the charge-sheet Pandi was less than eighteen years of age and was a young person as defined in Section 3 of the Madras Children Act, 1920. The case against him was split up and the case against the father was taken on file by the Sub-Magistrate. Nanguneri. as ...
Tag this Judgment!Court : Chennai
Decided on : Jul-19-1973
Reported in : (1974)1MLJ105
Venkataraman, J.1. This is a reference by the learned Sessions Judge of Tirunelveli to transfer J.C. No. 264 of 1972 pending against juvenile Pandi, from the file of the Juvenile Court, Tirunelveli, to the Court of Session. The circumstances under which the reference has been made are these. A charge-sheet was filed by the Police in the Court of the Sub-Magistrate, Nanguneri, against two persons, one Perumal and his son, the said Pandi, on the allegation that Pandi committed an offence of murder (Section 302 of the Indian Penal Code) and that the father abetted the commission of the said offence and was punishable under Section 302 read with Section 34 or Section 302 read with Section 109, Indian Penal Code. At the time of the filing of the charge-sheet Pandi was less than eighteen years age and was a young person as defined in Section 3 of the Madras Children Act, 1920. The case against him was split up, and the case against the father was taken on file by the Sub-Magistrate, Nanguner...
Tag this Judgment!Court : Chennai
Decided on : Jan-22-1973
Reported in : AIR1974Mad178
1. A preliminary objection regarding the maintainability of this Civil Miscellaneous Appeal is raised by the contesting respondents and we think that the objection has to be upheld and the appeal dismissed. The appeal arises out of a claim of Rs. 25,000/- made by one Mr. C. P. Kandaswami, an Advocate practising at Coimbatore, for injuries sustained by him in a motor accident that occurred on 1-11-1962 on the Perundurai-Erode Road. He was travelling in a Fiat Taxi bearing registration No. MDE 5747 and proceeding from Perundurai to Erode, when the Ambassador car bearing registration No. MDY 7077 belonging to the 1st respondent to the petition and driven by the 1st respondent's driver Senniappan came in the opposite direction in a rash and negligent manner, dashed against the Fiat Taxi and thereby caused several injuries to Mr. Kandasami, the petitioner. The petitioner claimed in all a sum of Rs. 25,000/- made up of Rs. 1,000/- towards medical expenses, Rs. 4,000/- towards loss of profess...
Tag this Judgment!Court : Chennai
Decided on : Feb-02-1973
Reported in : AIR1974Mad216
Raghavan, J. 1. These three writ Appeals arise out of three connected writ petitions Nos. 2193 of 1967, 2194 of 1967 and 2195 of 1967. W. P. 2193 of 1967 is to quash the adjudication order of the Collector of Central Excise, Madras, dated 2-9-1964 confirmed by the appellate order of the Central Board of Excise and Customs, New Delhi, dated 18-8-1966, and further confirmed in the Revision Petition by the Union of India, by its order dated 10-3-1967, confiscating 2657 diamond pieces weighing 228.51 carats seized from the appellant's premises on 23-8-1961, on the ground of illegal importation in contravention of Section 19 of the Sea Customs Act, 1878 read with Section 3(2) of the Import and Export (Control) Act 1947. W. P. 2194 of 1967 is filed to quash the search warrant issued by the Chief Presidency Magistrate in his D. Dis 5870/71 dated 23-8-1961 under Section 96 of the Criminal Procedure Code, authorising the search of the appellant's premises No.99/102 N. S. C. Bose Road, Madras-1,...
Tag this Judgment!Court : Chennai
Decided on : Feb-02-1973
Reported in : (1973)2MLJ418
V.V. Raghavan, J.1. These three writ appeals arise out of three connected writ petitions viz., W.P. No. 2193 of 1967, W.P. No. 2194 of 1967 and W.P. No. 2195 of 1967. W.P. No. 2193 of 1967 is to quash the adjudication order of the Collector of Central Excise, Madras, dated 2nd September, 1964 confirmed by the appellate order of the Central Board of Excise and Customs, New Delhi, dated 18th August, 1966 and further confirmed in the revision petition by the Union of India by its order, dated 10th May, 1967 confiscating 2,657 diamond pieces weighing 228.51 carats seized from the appellant's premises on 23rd August, 1961 on the ground of illegal importation in contravention of Section 19 of the Sea Customs Act, 1878, read with Section 3 (2) of the Import and Export (Control) Act, 1947. W.P. No. 2194 of 1967 is filed to .quash the search warrant issued by the Chief Presidency Magistrate in his D.Dis. 5870/11 dated 23rd August, 1961 under Section 96 of the Code of Criminal Procedure, authori...
Tag this Judgment!Court : Chennai
Decided on : Feb-15-1973
Reported in : (1974)1MLJ208
M. M. Ismail, J.1. The defendant in O.S. No. 681 of 1965, on the file of the City Civil Court, Madras viz., the Union of India represented by the General Manager of the Southern Railway, who lost before the trial Judge as well as the first appellate Judge, is the appellant herein. The facts are not in controversy. The respondent was in the service of the Southern Railway as a Record Sorter and he was suspended from service on 7th September, 1955, on certain charges of criminal conspiracy. The respondent was prosecuted under sections 120-B, 467 and 420, Indian Penal Code and was eventually convicted of those offences and was stentenced to undergo two years' rigorous imprisonment by judgment dated 4th March, 1957. After this judgment in the criminal case was delivered, the appellant dismissed the respondent from service with effect from 21st March, 1957. Against this order of dismissal, the respondent preferred Writ Petition No. 1134 of 1959 on the file of this Court. Meanwhile, the conv...
Tag this Judgment!Court : Chennai
Decided on : Feb-22-1973
Reported in : [1974]97ITR310(Mad)
Ramaswami, J. 1. These writ petitions challenge the validity of attachment orders made by the Tax Recovery Officers with respect to the attachment of the properties which stand registered in the names of the petitioners for the recovery of income-tax arrears due from the respective husbands of the petitioners in Writ Petitions Nos. 484 of 1969 and 1144 of 1970, and the father of the petitioner in Writ Petition No. 801 of 1970. The petitioner in Writ Petition No. 484 of 1969 is one Iqbal Begum and an extent of 12 acres, 43 cents which was purchased in her name under sale deeds dated December 15, 1963, and January 5, 1964, was attached and proclaimed for sale for the recovery of income-tax arrears due from her husband on the ground that the defaulter purchased the properties in the name of his wife, the petitioner, that the petitioner was a benamidar, that the real owner was the defaulter and that the properties had been in the possession and enjoyment of the defaulter. The attachment an...
Tag this Judgment!Court : Chennai
Decided on : Mar-06-1973
Reported in : (1974)1MLJ71
ORDERRamaswami, J.1. These three Civil Miscellaneous Appeals arise out of three different petitions before the Employees' State Insurance Court, Madras. C.M. A. No. 12 of 1968 arises out of E.I.O.P. No. 36 of 1965 in which the Employees' State Insurance Corporation (hereinafter mentioned as the Corporation) claimed employees' contribution to the extent of RS. 3,593 for the period 1st April, 1961 to 27th March, 1965 against Messrs. Dhala Tanning Company, a company which was engaged in running a tannery. C.M.A. No. 191 of 1968 arises out of E.I.O.P. No. 6 of 1965 in which the Corporation claimed a total sum of Rs. 59,145 against Messrs. Gemini Studios by its proprietor, S.S. Vasan, as employees' contribution for the period 20th November, 1955 to 31st December, 1964. C.M.A. No. 192 of 1968 arises out of E.I.O.P. No. 35 of 1965 filed by the Corporation claiming a sum of Rs. 58,84.2 towards employees' contribution for the period 20th November, 1955 to 31st August, 1963 against Messrs. Vijay...
Tag this Judgment!Court : Chennai
Decided on : Mar-20-1973
Reported in : [1974]44CompCas106(Mad); (1973)2MLJ469
1. Writ Appeals Nos. 554/71, 69/72 and 70/72 are directed against the judgment of Ramaprasada Rao J, dismissing the Writ Petitions Nos. 1916/71, 1917/71 and 1918/71 preferred under Article 226 of the Constitution of India for the issue of writs of certiorari calling for the records in RC. No. 2/71-SIV relating to the warrants issued by the Chief Presidency Magistrate, Egmore, Madras, dated June 7, 1971, and to quash the said warrants, while writ Appeals Nos. 555/71, 71/72 and 72/72 are directed against the judgment of Ramaprasada Rao J. dismissing Writ Petitions Nos. 2394, 2395 and 2396 of 1971 preferred under Article 226 of the Constitution of India for the issue of writs of mandamus directing the first respondent therein, the Company Law Board, to withdraw the complaint lodged by it with the Central Bureau of Investigation and to refrain from prosecuting their investigation or taking any further action in the matter of the alleged violation of Sections 420, 477 and 120B of the Indian...
Tag this Judgment!Court : Chennai
Decided on : Mar-26-1973
Reported in : AIR1974Mad329
1. This second appeal with the Cross Objections is before us on a reference made by Ismail, J. The question which was raised before the learned Judge resulting in the matter being placed before a Bench is whether an unmarried daughter of a Hindu who gets a share in his estate would still be entitled for a provision for her marriage expenses in a suit for partition. One Kandasami Gounder who died on 26-9-1964 was the karta of a Hindu joint family. His only son is Karuppana Gounder, the first defendant in the suit for partition instituted by one of the daughters of the said Kandasami Gounder in the court of the District Munsif, Palani. Kandasami Gounder left his widow, Sellammal, (who has been impleaded as the 6th defendant in the suit) and five daughters apart from his Karuppanna. The eldest of the five daughters by name Chinna Nachammal is the plaintiff and the other four daughters have been impleaded as defendants 2 to 5 respectively. All the daughters except the last one by name Subb...
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