Court : Chennai
Reported in : AIR1984Mad334
Nainar Sundaram, J.1. In these Letters Patent Appeals, the question which hits arisen for consideration relates to the scope of the contingency under which and the conditions on satisfaction of which the powers of court to be exercised under O. XXXIV R. 5 of the Civil P. C. hereinafter referred to as the Code. To assess the question raised and to express an opinion thereon. it has become necessary to trace the facts of the case. We are obliged to refer to the parties as they stood arrayed in CMP 16300 of 1982 in CMA 532 of : AIR1984Mad27 against the orders in which these Letters Patent Appeals has been preferred, which array is more or less similar in the civil miscellaneous appeal itself. In 1903 two items of properties were the subject matter of mortgage by Narayana Raja the petitioner to and in favour of one Meyyappa Chettiar. who is no more. Ranganayaki Achi the first respondent, who died subsequently, and Sevugan Chettiar, the second respondent. were countenanced as the legal repr...
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad563; (1954)IMLJ102
1. The Letters Patent Appeal and the two writ petitions were heard together and can toe disposed of by a common judgment. The Letters Patent Appeal is against the judgment of Subba Rao J. in W. P. No. 568 of 1952. The appellant filed that application for the issue of appropriate write, orders and directions in the circumstances of the case and in particular for the issue of a writ of Mandamus directing the respondents, namely, the Madras State represented by the Secretary Local Administration Department, Madras, and the Commissioner the Corporation of Madras, to forbear from holding the elections to the Council of the Corporation of Madras.2. Under Section 55-A, Madras City Municipal Act (hereinafter referred to as the Act) vacancies arising by efflux of time in the office of Divisional Councillors shall be filled at ordinary elections which shall be fixed by the Commissioner to take place on such days in the months of August and September immediately preceding the vacancies as he thin...
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad1051; (1954)IIMLJ273
Chandra Reddy, J.1. The second judgment-debtor is the appellant. The respondent brought an action on 6-2-1950 in District Court of Bangalore for recovering a sum of money due to him on dealings. The defendants are residents of Anantapur. None of them appeared in the Bangalore Court to contest the suit with the result that an ex parte decree was obtained on 21-7-1950 for Rs. 19015-7-6 with subsequent interest and costs.The decree-holder got the decree transferred for execution on 8-1-1951 to the District Court, Anantapur,' within whose jurisdiction the judgment-debtors reside. In the latter Court the execution sought was by way of attachment and sale of immoveable properties of the defendants. Two notices were taken to the Judgment-debtors but they did not choose to appear in Court. The Court held that the service was sufficient and ordered attachment on 5-4-1951. The properties were attached on 22-1-1951 and 24-4-1951 and sale notice was ordered.At this stage, the appellant filed a pet...
Tag this Judgment!Court : Chennai
Reported in : 1979CENCUS97D; 1979(4)ELT117(Mad)
Natarajan, J.1. The petitioner is a public limited company with its registered office situate in Bombay. Under a technical collaboration agreement with Messrs Witco Chemicals Corporation, U.S.A., the petitioner is engaged in the manufacture of petro-chemical products at its factory at Manali, Madras. The products of surphonates manufactured by the petitioner are excisable goods and they fall under Tariff Item No. 15-AA of the First Schedule to the Central Excises and Salt Act 1 of 1944 (hereinafter referred to as the Act). According to the petitioner, there is not much demand for sulphonates at Madras, though the petitioner has a wholesale price at factory gate and there are instances of sales at wholesale rates at the factory gates at Manali. On the other hand, the petitioner's products are in great demand at Bombay where about 80 per cent of the total production of the products are sold. Messrs Sikri and Grover are the main buyers for sale of the products of the petitioner, at Bombay...
Tag this Judgment!Court : Chennai
Reported in : [2009]96SCL321(Mad)
Prabha Sridevan, J.1. Heard Mr. B. Kumar, learned senior counsel appearing for the writ petitioners and respondents in the appeals and Mr. K. Ramasamy, learned Special Counsel for the respondents in the writ petitions and appellants in the appeals.2. W.P. No. 23744 of 2001 has been filed by A. Michael, the Respondent in CMA. No, 205 of 2002 praying for issue of Writ of Mandamus to direct the Deputy Director, Enforcement Directorate, Chennai, the 3rd Respondent to return and refund all the seized Foreign Currencies, Travellers Cheques and the penalty amounts to him forthwith as ordered in the order of adjudication dated 7-1-2000 in reference No. DD/MAS/I/2000 (S.S.) of the 3rd Respondent and the order dated 18-7-2001 in Appeal Nos. 263 and 574 of 2000 of the Appellate Tribunal for Foreign Exchange along with the interest at 18 per cent per annum from the date of the seizure to the date of payment to the Petitioner and also to pay the value of the Foreign Currencies which have become inv...
Tag this Judgment!Court : Chennai
PRAYER Civil Miscellaneous Appeal and Cross objection are filed, against the award, dated 11.02.2008, made in WC.No.175 of 2006 on the file of the Deputy Commissioner for Workman Compensation, Dindigul.COMMON JUDGMENT1. While CMA is filed by the 2nd respondent insurer against the award of compensation in favour of the claimant, the Cross objection is filed by the claimant for enhancement of compensation.2. The parties are referred to as per their rank in the claim petition.3. The facts which are relevant for consideration herein are as follows : The claimant at 12.30pm on 02.12.2005 travelled in a mini lorry bearing Registration No.TN.57-D-3499 belonging to the 1st respondent and insured with the 2nd respondent along with soap material and one state transport corporation bus bearing Registration No.TN01-N-6196 was going in front of the same and the state transport bus driver suddenly stopped the bus, as a result, the mini lorry, which was going behind the bus dashed against the transpo...
Tag this Judgment!Court : Chennai
Civil revision petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act 18/1960 as amended by Act 23/1973 as against the judgment and decree dated 25.08.2008 passed by the learned I Additional Subordinate Judge, (Rent Control Appellate Authority), Erode in R.C.A.No.6 of 2007 confirming the order and decree dated 12.04.2007 passed by the learned Principal District Munsif (Rent Controller), Erode in RCOP No.25 of 2005.ORDER1. Animadverting upon the judgment and decree dated 25.08.2008 passed by the learned I Additional Subordinate Judge, (Rent Control Appellate Authority), Erode in R.C.A.No.6 of 2007 confirming the order and decree dated 12.04.2007 passed by the learned Principal District Munsif (Rent Controller), Erode in RCOP No.25 of 2005, this revision is focussed by the tenants.2. The parties, for convenience sake, are referred to here under according to their litigative status and ranking before the Rent Controller.3. Broadly but briefly, narratively...
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad20; (1951)2MLJ511
ORDERPanchapakesa Ayyar, J.1. This is a petition filed by one Rama-swami Ambalam, the first plaintiff in O.S. No. 18 of 1950, on the file of the District Judge of Ramanathapuram, to withdraw that suit to the file of this Court under Article 228 of the Constitution of India, and either dispose of the suit here itself or determine the question of law covered by the additional issue framed in the suit by the District Judge, Mr. p. N. Ramaswami, as he then was, on 4th April 1951 in LA. No. 86 of 1951, an application for amendment of the plaint filed by the plaintiffs, adding a contention that the scheme framed by the Hindu Religious Endowments Board, Madras (1st defendant), under Section 57 of the Hindu Religious Endowments Act, regarding the suit temple (Sri Koppudanayagi Amman temple of Karaikudi, with an income of thirty thousand rupees a year), under the orders of the Federal Court in App. Suit No. 7 of 1948, was null and void as the entire Hindu Religious Endowments Act, and especiall...
Tag this Judgment!Court : Chennai
Reported in : [1995]84CompCas932(Mad); (1993)IMLJ483
Mishra, J. 1. A private limited company carrying on business as exporters of various goods and claiming to have been appointed as the sole agent for export of switchgears by the defendant, a public limited company, by letter dated September 2, 1967, has filed a suit for recovery of a sum of Rs. 2,00,000 by way of damages and for costs. A learned single judge of this court has dismissed the suit, holding that section 294(2A) of the Companies Act, 1956, operated as a bar to the maintainability of the suit, and that besides the force majeure clause in the agreement completely answered the suit claim of damages. The plaintiff has preferred this appeal. 2. The plaintiff's case has been that the defendants who are manufacturers of switchgear equipment, by its letter dated September 2, 1967, appointed the plaintiff as its sole agents for export of switchgears. The plaintiff was appointed as the sole agent to represent the defendant in the areas covered by the Middle East, Africa and South Eas...
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad331; (1970)ILLJ299Mad
ORDERKailasam, J.1. W. P. No. 504 of 1989 is filed by an employee of the Indian, Overseas Bank Ltd., Madras and W. P. No. 505 of 1969 by an employee of the State Bank of India, Madras, for the issue of writs of mandamus to strike down the provisions of Section 36-AD of the Banking Laws (Amendment) Act 1968, as unconstitutional and illegal.2. The Government of India introduced in Parliament Banking Laws Amendment Bill on 23-2-1967. The Bill mentioned several objects for its introduction, viz., (1) to snap or at least to make ineffective the link between a few industrial houses and the banks, (2) to change the exclusive orientation of the Banks towards industry and business and to reorient credit facilities to several priority sectors such as agriculture, small scale industries, rural finance, cooperation and exports, (3) to arrest monopolistic trends of the investment of funds of the Banks and misdirection of bank's resources, and (4) to ensure that the credit decisions of the managemen...
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