Court : Chennai
Reported in : (1994)2MLJ176
ORDERRaju, J.1. The above writ petition has been filed for a writ of mandamus directing the respondents to appoint the petitioner in a suitable post on compassionate grounds, in the service of the respondent.2. The petitioner claims that his father late P. Chakravarthy was employed as a sainik/security branch in the respondent-Corporation, that he was appointed in the year 1969 and that he died in harness on 14.2.1982 and his C.P.F. No. was 17053 and his badge number was 17. The petitioner also claims that at the time of his father's death he was thirteen years old, that he has successfully completed the Higher Secondary Examination and that is now doing the B.Com, course first year by correspondence and has a driving license and a conductor's licence. He has also registered himself in the employment exchange in the year 1985 and his registration No. is 17300/88. He states further that he applied for a job in the respondent Corporation on compassionate grounds and that he was called fo...
Tag this Judgment!Court : Chennai
Reported in : (1984)ILLJ456Mad
Ramanujam, J.1. Since the points involved in all the writ petitions are the same, they are dealt with together. The petitioners in all these writ petitions are nationalised Banks and the second respondent in each of the writ petitions is their employee and the first respondent in W.P.No. 956/79 is the Addl. Commissioner for Workmen's Compensation, Coimbatore, and the first respondent in the other writ petitions is the Addl. Commissioner for Workmen's Compensation, Madras, whose orders passed under s. 41 of the Tamil Nadu Shops and Establishments Act has been challenged in these writ petitions. As the facts are substantially the same in all the writ petitions, it is enough if the facts in the first writ petition, namely, W.P.No. 956/79, are dealt with in detail. 2. The second respondent therein was employed as a clerk in the Coimbatore Branch of the Union Bank of India, the petitioner therein. Certain charges were framed against him by a memo dated 6th July, 1973, and after holding a do...
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..... (including a co-operative land mortgage bank), or (b) any financial corporation established by or under a central, state or provincial act, or (c) the life insurance corporation of india established under the life insurance corporation act, 1956 (31 of 1956), or (d) the unit trust of india established under the unit trust of india act, 1963 (52 of 1963), or (e) any company or co-operative society carrying on the business of insurance, or (f) such other institution, association or body or class of institutions, associations ..... or banking company. this is covered by section 7 of the banking regulation act, 1949. 39. insofar as the application of section 7 of the act to co-operative societies is concerned, clause (f) of section 56 provides the method and form in which section 7 will apply to co-operative societies. section 56(f) which substitutes section 7 of the banking regulation act, 1949, for the purpose of its application to co-operative societies, is extracted as follows: "[(f) for section 7, the following section shall be substituted, namely: " ..... bank", "co-operative credit society", "primary agricultural credit society" and "primary co-operative bank" would have the same meaning as assigned to them in part-v of the banking regulation act, 1949. 43. therefore the conclusion that is irresistible is that none of these enactments either central or state, make a clear distinction between a co-operative society engaged in carrying on banking business and a co-operative .....
Tag this Judgment!Court : Chennai
Reported in : [1973]87ITR602(Mad)
Ramanujam, J.1. The question referred to us by the Income-tax Appellate Tribunal under Section 27(1) of the Wealth-tax Act is this :' Whether, on the facts and in the circumstances of the case, the shares held by the assessee in the Madras Motor and General Insurance Co. Ltd. has been valued in accordance with the Wealth-tax Act '2. The assessee held 50 shares of the face value of Rs. 100 each in a public limited company called the ' Madras Motor and General Insurance Company Ltd. ', which carried on business of motor and general insurance. The shares of the company are not quoted in the share market. As on the valuation dates, on March 31, 1960, and March 31, 1961, for the assessment years 1960-61 and 1961-62, respectively, the assessee had valued these shares for the purpose of inclusion in his net wealth at their face value of Rs. 100 per share. The Wealth-tax Officer did not accept the said valuation. He worked out their value on the basis of the balance sheet of the company as on ...
Tag this Judgment!Court : Chennai
Reported in : [1989]175ITR93(Mad)
M.N. Chandurkar, C.J. 1. In these three tax cases which are being disposed of by this common judgment, three questions fall for consideration. These are as follows : '1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the payment of Rs. 50,000 made by the assessee to Pioneer Construction Company, Vijayawada, under the 'Dissolution deed' dated January 1, 1966, was allowable as deduction in computing the income of the assessee for the assessment year 1969-70 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in cancelling the order of the Commissioner of Income-tax under section 263 of the Income-Tax Act, 1961f, for the assessment year 1967-68 3. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the payment of Rs. 50,000 made by the assessee to Pioneer Construction Company, Vijayawada, under the 'dissolution deed' dated Jan...
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Reported in : 1997(1)CTC695
..... (subsidiary banks) act, 1959 (central act 38 of 1959);(d) a corresponding new bank constituted section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970 (central act 5 of 1970)(e) the industrial finance corporation of india, established under the industrial finance corporation act, 1948 (central act 15 of 1948), the life insurance corporation of india, established under the life insurance corporation act, 1956 (central act 31 of 1956), the unit trust of india, established under the unit trust of india act, 1963 (central act 52 of 1963), the ..... trade in art silk yarn, raw silk cotton yearn, art silk cloth, silk cloth and cotton cloth is clearly advancement of an object of general public utility. but the real difficulty arises when we turn to consider the applicability of the second condition. what do the words, 'not involving the carrying on of any activity for profit' mean and what is the nature of the limitation they imply, so far as the purpose of advancement of an object of general public utility is concerned? and ..... which the excess vacant land according to the respondent is 43 grounds 0840 sq.ft.28. the point for consideration is whether the excess urban land owned by the petitioner trust for running the school is exempt by virtue of operation of section 20(1 )(iv) of the tamil nadu urban land (ceiling and regulation) act, 1978. section 20 falls in chapter iii of the act dealing with ceiling on vacant land. section 20 says that chapter iii not to .....
Tag this Judgment!Court : Chennai
Reported in : AIR1979Mad267; (1979)2MLJ304
1. The short question that arises for consideration is whether the plaintiffs are entitled to recover a sum of Rs. 11,261-25 after having executed a receipt in full settlement for a sum of Rs. 3753-75 for non-delivery of certain goods shipped through the defendant. The plaintiff is Bharat Electronics Ltd. Bangalore. It purchased 20 cartons of Electron tubes from an American company. The goods were sent under a Bill of Lading from New York by s.s. 'Flying Cloud' belonging to the defendants. The ship arrived at Madras on 22-9-1969. When the goods were unloaded 9 cartons were found to be in a damaged condition. A survey was conducted on 1-10-1969. Which disclosed that 4 cartons were completely empty. Bharat Electronics Ltd. sent a claim bill dated 19-11-1969 for a sum of Rs. 20496 representing the value of the goods lost by non-delivery. As there was no response, a notice was sent through the recovery agent for the said sum. By a letter dated 3-3-1970 the defendants informed Bharat Electr...
Tag this Judgment!Court : Chennai
Reported in : (1997)1MLJ123
AR. Lakshmanan, J.1. The writ appeal is preferred against the order dated 22.8.1996 in W.P. No. 18785 of 1992, allowing the writ petition filed by the respondent and quashing the communication dated 28.12.1989 of the Personnel Manager of the appellant bank expressing their inability to keep the offer of appointment open favouring the respondent on her attaining the age of majority, and directing the appellant to provide a suitable job to the respondent in any existing vacancy or any future vacancy as expeditiously as possible.2. In order to appreciate the controversy between the parties, the following facts require to be noticed. The respondent is the first daughter of late N. Narayana Pillai, who was working in the appellant bank. He died on 29.6.1984 while in service. The respondent's mother, who is working in the Fisheries Department, Government of Tamil Nadu, approached the appellant seeking a job on compassionate basis for the respondent. The respondent's mother was intimated by t...
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Reported in : (1981)1MLJ452
V. Sethuraman, J.1. These two appeals arise out of the judgment of the learned Fourth Assistant Judge, City civil Court, Madras, in O.S. No. 4534 of 1972. The plaintiff submitted its tender in response to an advertisement issued by the first defendant, for purchase of four items of Nutmegs with shell, Nutmegs without shell, Maco and Betelnuts. The total amount for which the plaintiff tendered came to Rs. 4,44,867. The plaintiff sent a demand draft for Rs. 44,487 being ten per cent of the value of the goods agreed to be purchased by him. The first defendant accepted the plaintiff's offer in relation to the second item, namely Nutmegs without shell, which was stored at Bombay. Out of this amount Rs. 26,409.65 due as and by way of deposit relating to the accepted quantity of the tender was retained and the balance was refunded. As a condition precedent for taking delivery of the goods, sales-tax was demanded by the first defendant and the plaintiff protested that it was contrary to the te...
Tag this Judgment!Court : Chennai
Reported in : (1995)IIMLJ401
Raju, J.1. The above writ appeal has been filed by the writ petitioner Management challenging the Order, dated September 28, 1993 made by the learned single Judge in Writ Petition No. 611 of 1993 Whereunder the Writ Petition No. 611 of 1993 filed by the appellant challenging the order of the first respondent Labour Court, dated December 28, 1992 in I.D. No. 708 of 1992, refusing to record and pass an Award in terms of the Memorandum of Settlement, dated December 14, 1992 under Sec. 18(1) of the Industrial Disputes Act (hereinafter referred to as the Act) and for a consequent direction to the first respondent-Labour Court to pass an Award in terms of the Memorandum of Settlement, came to be rejected by the learned Judge. 2. The relevant facts necessary for a proper understanding and adjudication of the issues raised before us need be mentioned at the forefront. During September, 1990. The issue for payment of bonus for the year 1989-90 came up for consideration and the appellant Managem...
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