Court : Chennai
Decided on : Aug-11-1964
Reported in : AIR1965Mad392
(1) This appeal instituted by M. A. and Sons (appellants) from the order and decree of the learned Second Assistant Judge, City Civil Court, Madras, dismissing O. P. No. 478 of 1961, involves certain questions of interest with regard to a reference to arbitration, as provided for by the by-laws of the Madras Oil and Seeds Exchange (Pte.) Ltd (first respondent). The essential facts and dates are as follows:(2) There were certain contracts, which were of the character of forward contracts, as between the appellants and the second respondent firm (Kilachand and Devchand and Co. Pte. Ltd.) for supplies of groundnut oil on differing dates. It is not in dispute that, owing to the alleged bursting of the boiler apparatus, the appellants were unable to deliver, and reported the inability; in brief, the contracts were broken. On the principle of S. 60 of the Indian Sales of Goods Act, the second respondent choose to treat the contract as subsisting, and waited till the date of delivery. As the...
Tag this Judgment!Court : Chennai
Decided on : Jan-16-1964
Reported in : AIR1967Mad381
1. This appeal is filed under the Letters Patent against the judgment of Kunhamed Kutti J., in Civil Suit No 84 of 1958, by the first defendant. The suit was filed by the plaintiff seeking certain reliefs consequent upon the alleged infringement of copyright under Section 62 of the Copyright Act (Act XIV of 1957). The plaintiff, a firm called the United Concern represented by its partner, S. Muthuswami, alleged that in the year 1947, it had contacted one T. M. Subramaniam, an artist, P. W 2 in the case, and got him to execute an oil painting of Lord Subramania in the posture of Kumaraguruparan. After getting this picture painted, the plaintiff acquired from the artist, all the rights in the picture for valuable consideration. Then in 1948, the plaintiff got the painting printed by the off-set process with the help of the well-known firm Associated Printers in Madras and copies of the picture thus printed were widely sold. There were reprints in 1933 and again in 1956. One of the copies...
Tag this Judgment!Court : Chennai
Decided on : Jan-24-1964
Reported in : AIR1965Mad1
(1) This appeal, which has been filed against the judgment of Jagadisan J. raises an important question relating to the construction of S. 3(2) of the Hindu Women's Rights to Property Act, 1937, which, for the sake of brevity, we shall refer to as the "Act". The precise form of the question before us is."Whether on the death of the sole surviving coparcener of a joint Hindu Mitakshara family, the widow of a predeceased coparcener, entitled to the benefits of the Act, will take by survivorship the entire family property?In Manorama Bai v. Rama Bai, a Bench of this court, while answering that question in the affirmative, held that by virtue of S. 3(2) of the Act, the widow, after her husband's death, will become a coparcener with the surviving male members of the family and that she would, on the death of the sole surviving coparcener take the joint family property to the exclusion of an heir of the latter. This view is fundamentally opposed to the concept of a coparcenery under the Mita...
Tag this Judgment!Court : Chennai
Decided on : Jan-29-1964
Reported in : AIR1965Mad357
Ramamurti, J.(1) The Life Insurance Corporation of India (Unit: The Oriental Government Security Life Assurance Co., Ltd, Bombay) hereinafter called the Company is the appellant in this appeal. The respondent, Srimathi Parvathavardhini Ammal, is the widow of one V. S. N. C. Narasimhan Chettiar, (hereinafter referred to as the assured or V. S. N. C.), has filed the suit O. S. No. 62 of 1958 on the file of the sub-Court, Tiruchirapalli to recover a sum of Rs. 20,000 due under an insurance policy No. 1733287 dated 22-5-1954 and a sum of Rs. 30,000 due under another insurance policy No. 1855372 dated 26-3-1955 on the ground that the said policies were accepted at the ordinary rate by the Insurance company certifying the life of V. S. N. C. Aforesaid as a first class one by four eminent doctors of the company, that the plaintiff (respondent) was the nominee under the aforesaid two policies, that the said assured died on 20-5-1955, on account of coronary thrombosis which attack set in on 17-...
Tag this Judgment!Court : Chennai
Decided on : Mar-29-1964
Reported in : [1966]61ITR613(Mad)
RAMAKRISHNAN J. - In these three revision cases a common question arises as to how the term 'association in individuals' used in the definition of 'person' in section 2(q) of the Madras Agricultural Income-tax Act, 1955, has to be interpreted for the purpose of assessment under the said Act, and they were heard together. For the sake of convenience each case will be considered separately.Tax Case No. 49 of 1963.The facts as found by the authorities below are succinctly the following. The assessee, S. Subramania Iyer, filed for the accounting year April 14, 1957, to April 13, 1958, a return in Form II showing a net income of Rs. 1,798.87 nP. He owned 20 shares of lands in Inam Kottur Thottam Village and certain other lands, but with these latter items we are not now concerned. Out of the 20 shares of lands, 5 1/2 shares belonged to the Thanjavur Palace Devasthanam, which Subramania Iyer took on lease. 5 1/2 shares came to be owned by one Muthusubramaniam and his brothers, the daughters ...
Tag this Judgment!Court : Chennai
Decided on : Apr-01-1964
Reported in : 1965CriLJ49
Veeraswami, J.1. The question raised in this petition is as to the constitutional validity of the Prevention of Insults to National Honour Act, Madras Act XIV of 1957 The petitioners who are accused 6 and 7, stand charged before the Court of the District Magistrate Madurai with having committed offences under Section 5 of that Act read with Sections 120-B and 109 I.P.C. The 6th accused is said to be the organising secretary of the Dravida Munnetra Kazhagam and a member of Anti Hindi Agitation committee and the 7th accused is the treasurer of the Kazhagam and chairman of that committee besides being the Deputy Leader of the Opposition in the Madras Legislative Assembly. The Parliament passed the Official Languages Act, Act 9 of 1963, which received the assent of the President on 10.5.1963 The object of the Act is to provide, with reference to Article 143(3) in Part XVII of the Constitution of India for the languages which may be used for the official purposes or the Union of India for t...
Tag this Judgment!Court : Chennai
Decided on : Apr-01-1964
Reported in : 1965CriLJ311
ORDERS. Ramachandra Iyer, C.J.1. The petitioner, against whom a complaint under Section 193 I.P.C. has been filed by the First Assistant Registrar (Original Side) of this Court, seeks to revise the preliminary order passed by the learned Fifth Presidency Magistrate overruling the two objections taken against the trial of the case. To properly deal With the objections, it is necessary to set out the facts that led to the filing of the complaint.2. The petitioner is one among three partners of a firm called Swami Oil Mills doing business at Erode. Early in the year 1957, the firm got into financial difficulties. Two of its creditors filed I.P. Nos. 76 and 85 of 1957 on the Insolvency Side of this Court to adjudicate as insolvents the firm and its partners. There were a number of creditors who had advanced moneys to the firm and whose claims had not been discharged. There was also a large amount due by the firm towards arrears of sales-tax as well as by way of advance tax in respect of sa...
Tag this Judgment!Court : Chennai
Decided on : Apr-02-1964
Reported in : AIR1965Mad170; [1965]56ITR417(Mad)
S. Ramachandra Iyer, C.J.(1) The substantial question that now falls for determination on this reference is whether the assessee, a Ceylon national, was a 'resident' in this country in the previous financial year relevant to the assessment year 1942-43. For a due consideration of that question it is necessary to refer to certain events that took place during that period.(2) The assessee had, from the time of his father, a business as ship-chandlers of Rangoon. Japan declared war against Burma on 9-12-1941. A week later, the assessee remitted a sum of Rs. 15000 to his brother-in-law, in Ceylon to purchase a house for him, evidently with an intention to occupy it in case he were obliged to leave for his home country. But the house was never purchased. The war scare became greater during the month of January 1942 in Rangoon. The assessee sent his wife and children to Ceylon in that month. After arrival at Jaffna, the children were admitted in the school there. The assessee sent to his wif...
Tag this Judgment!Court : Chennai
Decided on : Apr-30-1964
Reported in : AIR1965Mad62
(1) This reference to a special Bench has been necessitated by reason of certain doubts felt as to the correctness of the decision in Ravula Subba Rao v. Commissioner of Income-tax, . Thequestion that falls for determination on this reference can be formulated thus."Whether Rule 24 of the appellate Tribunal Rules, 1946 in so far as it enables the Tribunal to dismiss an appeal for default of appearance, is ultra vires?"The facts giving rise to this reference are these:The assessee owned 1674 shares in Asher Textiles Ltd. and nine out of twenty shares in Textiles Corporation (P) Ltd, both at Tiruppur. The Textile Corporation (P.) Ltd, was the managing agent of the other company, its managing directors being the assessee and one Mr. Asher. differences appear to have arisen between these two, sometime during the year 1954 and the assessee agreed to sell and by a document dated 21-12-1954 and the assessee agreed to sell and by a document dated 21-12-1954, sold his entire holding in the two...
Tag this Judgment!Court : Chennai
Decided on : Apr-30-1964
Reported in : AIR1966Mad203; (1964)2MLJ421
Ramakrishnan, J.1. This writ appeal is directed against the order of Rajagopalan J. in W.P. 1516 of 1956 presented under Art. 226 of the Constitution. It was filed by one P. Amalanathan, who was a Sub-Inspector of Police. On complaints received that he was corrupt, a departmental enquiry was undertaken against him, on the basis of 16 charges. The details of the procedure at the departmental enquiry will be considered at length later in this judgment. At this stage, it will suffice to note that the preliminary enquiry which involved the examination of witnesses, was conducted by three officers one after the other. The last of them Sri Rangabhashyam prepared a detailed report (or minute as it is called) embodying his findings on the charges, and submitted them to the Deputy Inspector General of Police the authority empowered to punish the Sub-Inspector of police under the departmental rules. He was dismissed from service by the Deputy Inspector General of police. His appeal to the Inspec...
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