Chennai Court February 1883 Judgments
Chowakaran Orkatari Bappan and anr. Vs. Chowakaran Cheria Orkatari Mak ...
Court: Chennai
Decided on: Feb-20-1883
Reported in: (1883)ILR6Mad259
1. We must accept the findings as to custom. There is evidence to support them and none to contradict them.2. The amount allotted is not excessive, having regard to the income of the tarwad and assuming it to be no greater than the Lower Appellate Court has found it to be. The respondent has not proved it to be greater, and we are not prepared to allow interest on amounts which had not been ascertained.3. The decree of the Lower Appellate Court is affirmed and the appeal dismissed with costs....
Tag this Judgment!Panchanadayan Vs. Nilakandayyan
Court: Chennai
Decided on: Feb-20-1883
Reported in: (1883)ILR7Mad191
Charles A. Turner, Kt., C.J.1. It appears that grants of certain lands revenue-free and not merely of the revenue, were made to the ancestors of the parties to the suit and certain other persons, and that the holders of those lands have in course of time acquired a somewhat larger area than was included in the original grants.2. The interest of the appellant and of his two brothers extends to a one-third share which has not been ascertained by metos and bounds, but of which the profits are nevertheless enjoyed separately from the other co-sharers by the appellant's family.3. We are of opinion that the nature of the grants is such that they do not come within the provisions of the Pensions Act. That Act contemplates money payments to be received through the Collector or recovered from persons bound to pay revenue. The decision in Vasudev Sadashiv Modak v The Collector of Ratnagiri I.L.R., 2 Bom. 99 is in accordance with this view.4. Holding then that the Civil Court had jurisdiction to ...
Tag this Judgment!Shair Mull and anr. Vs. Singaravelu Mudali
Court: Chennai
Decided on: Feb-19-1883
Reported in: (1883)ILR6Mad294
Charles A. Turner, Kt., C.J.1. There appears to us sufficient evidence that the borrower Siddulu, in consideration of the loans he obtained, made an equitable assignment of his interest in the fund subject to the claims of Messrs. Champion and Thompson, the intention being that the attorneys should, for the satisfaction of their own lien and for the satisfaction of the loans advanced by Singaravelu, be invested with special authority to receive the proceeds of the decree.2. The attaching creditors could take no higher interest than Siddulu enjoyed at the date of the attachments.3. The learned Judge rightly held that they were bound to account to the respondent for the sums they had received so far as is necessary for the satisfaction of the advances made by him and interest.4. The appeal fails and is dismissed with costs....
Tag this Judgment!Anakattil Narayana Krishnan Karthavu Vs. Kocheri Pilo Pilo
Court: Chennai
Decided on: Feb-16-1883
Reported in: (1883)ILR6Mad191
Innes and Kernan, JJ.1. The Subordinate Judge of South Malabar at Cochin refers for our decision the question whether his Court has jurisdiction to entertain a suit on a judgment of a Court in the Native State of Cochin.2. The obligation arising out of the duty to obey the judgment of a foreign Court is not one of the obligations upon which a suit can be entertained in the Small Cause Court....
Tag this Judgment!Ramanadan Chetti Vs. Periatambi Shervai and anr.
Court: Chennai
Decided on: Feb-16-1883
Reported in: (1883)ILR6Mad250
Innes and Kernan, JJ.1. We are of opinion that the application of 1879, although not complying in every particular with the requirements of Section 235 of the Civil Procedure Code, was substantially an application made in accordance with law, and that, although it was returned for amendment and nothing further was done upon it, the application gives a fresh starting point from the date of its presentation. The present application is in time....
Tag this Judgment!Puna Karuppana Pillai Vs. Virabadra Pillai and anr.
Court: Chennai
Decided on: Feb-16-1883
Reported in: (1883)ILR6Mad277
Innes, J.1. As we understand the case, the plaintiff sues a father and son for money properly borrowed for the son's marriage, the purpose being a proper and necessary family purpose. The District Munaif referes the question whether such a suit, including as it does a demand on the son, is properly within the jurisdiction of the Small Cause Court. He is of opinion that it is not, because the debt (he considers) was the debt of the father, and the liability of the son to pay the debt of the father is a liability not arising by contract, but by Hindu Law. We think that the suit is cognizable by a Court of Small Causes. The debt is not, properly speaking, the debt of the father, but the debt of the father and son, the father having, in borrowing the money, acted as manager and agent of the family. There is nothing, therefore, to prevent the cognizance of the suit by the Small Cause Court.2. We may further observe that in Govinda Munaya Tiruyan v. Bapu 5 M.H.C.R. 200 it was held that the w...
Tag this Judgment!The Queen Vs. Nabi Saheb
Court: Chennai
Decided on: Feb-14-1883
Reported in: (1883)ILR6Mad247
Charles A. Turner, Kt., C.J.1. One Nabi Sahab, a Muhannadab by creed and a dealer in miscellaneous wares by profession was convicted by a Village Munsif of a petty theft and sentenced to be put in the stocks for three hours2. The District Magistrate has referred the case to this Court, suggesting that the accused did not belong to the class on which the infliction of the punishment of stocks is sanctioned.3. The 10th Section of Madras Regulation XI of 1816 authorize Village Munsif to inflict the punishment, if the offending parties be of any of the lower castes of the people on whom it may not be improper to inflict so degrading a punishment. inflict so4. The definition has been held by this Court to involve two conditions the one having relation to the position of the caste to which an offender belongs the other to the social status of the person himself. A dealer in petty or may not be a person on whom the infliction of the punishment may degrading but we agree with the Magistrate th...
Tag this Judgment!Sivada Balarami Reddi Vs. Sivada Pera Reddi and ors.
Court: Chennai
Decided on: Feb-13-1883
Reported in: (1883)ILR6Mad267
1. The burden lay on plaintiff of showing that first defendant by being taken into another family, otherwise than by adoption, had lost his rights of succession in his own family. The Judge reports that plaintiff is unwilling to undertake to establish by further evidence the custom for which he contends.2. The evidence already taken justified the conclusion arrived at that the first defendant, who had been taken in Illatam after the division between his father and uncle, had a right to share in the estate of the uncle that had devolved after the death of the father. We agree that the karar. in releasing the first defendant's right to share in the property of the family extended only to the property of his immediate family, and not to his rights in that of the divided uncle. The circumstances that a Karar was considered necessary to preclude the first defendant from succeeding in his immediate family is evidence that, without it, in the opinion of those concerned, he would have succeede...
Tag this Judgment!Thambu Chetti Subraya Chetti Vs. A.T. Arundel
Court: Chennai
Decided on: Feb-13-1883
Reported in: (1883)ILR6Mad287
1. We entertain considerable doubt whether the Magistrates have come to a correct finding as to the nature of the building which is the subject of this reference.2. The original signification of the term Matha or Math is a building or set of buildings in which Hindu religious mendicants reside under a superior, who is called a Mahant. This spiritual superior is regarded with veneration by the members of the sect, and is installed with some ceremony, and not unfrequently receives an honorific title. Although a place of worship is not a necessary part of a Math, such a place is, as may be expected, often found in such institutions,, and, though intended primarily for the use of the inmates, the public may be admitted to it, and so this part of the building may become a place of religious worship. A Hindu Math somewhat resembles a Catholic Monastery. From the circumstance that a portion of it is not unfrequently devoted to worship, and that the public may be admitted to it, the term Math ...
Tag this Judgment!Varikara Vadaka Vittil Valia Pravathi and anr. Vs. Varikara Vadaka Vit ...
Court: Chennai
Decided on: Feb-13-1883
Reported in: (1883)ILR6Mad341
Charles A. Turner, Kt., C.J. and Kindersley, J.1. The appellant urges two objections to the decree of the Lower Appellate Court, firstly; that the Judge in estimating the amount, which the appellant should receive as maintenance from the tarwad, has deducted a sum allowed by the Court of First Instance as maintenance for the lady who is regarded as his wife and for his offspring by her.2. Although it would seem inconsistent with the principles of the Maruma-katayam law that the tarwad should contribute to the maintenance of the ladies with whom the male members cohabit and of the issue of such cohabitation, these ladies and their issue being members of another tarwad, and entitled to claim maintenance from their own tarwad, unless they voluntarily remove from the house of their tarwad, it is urged in this Court that it is the practice of the country in North Malabar for females to reside during the whole year in the tarwad of the male with whom they cohabit, and that, during such resid...
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