Chennai Court April 1883 Judgments
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Davani Ammal Vs. Ratna Chetti and ors.
Court: Chennai
Decided on: Apr-23-1883
Reported in: (1883)ILR6Mad417
Charles A. Turner, Kt., C.J. and Innes, J.1. A question has been raised as to the number of years for which a claim can be brought for interest, when such interest is charged on land. With the same hesitation as is expressed by the learned Judges of the Bombay High Court in Lallubbai v. Naran I.L.R. 6 Bom. 719 we agree with that Court that Article 1321 of the Second Schedule of the Limitation Act is applicable, and that such interest may be recovered for twelve years. A decree will pass for payment to the plaintiff by the first, and by the second defendant as the representative of his father, of the sum of Rs. 5,081-14-0 with costs oh the amount decreed and future interest at 6 per cent., and for realization of the amount decreed by sale of the hypothecated property if the debt is not discharged in six months.2. We also order that the plaintiff's costs, decreed as aforesaid, shall be recoverable from the third defendant as well as from the first and second defendants, and we affirm so ...
Saminadha Mudali Vs. the South Indian Railway Company
Court: Chennai
Decided on: Apr-20-1883
Reported in: (1883)ILR6Mad420
1. The decision of this case turns on the construction we are to place on the terms 'silks in a manufactured state and whether wrought up or not wrought up with any other materials.' We are unable to agree with the Subordinate Judge that these terms were intended to apply to all classes of goods in which silk may be introduced; yet it is difficult to arrive at any precise definition of the terms. Mr. Shaw has called our attention to the case of Brunt v. The Midland Railway Company 2 H. & C. 889 in which a web known in the trade as silk web having a silk face and composed in the proportion of 1oz. of silk to 1 1/4oz. of India-rubber and 3/4 oz. of cotton with relative values of 12d or 13 1/2d (silk) to 7 1/2d (India-rubber) and 31 /4d (cotton) was held to be silk within the meaning of the Act. With the exception of articles 2, 3, 12b, and 16 not one of the pieces of goods produced in this case has a silk face. But there are several in which the silk forms the most expensive part of the ...
The Queen Vs. Sri Vidya Sankara Narasimha Bharathi Guruswamulu
Court: Chennai
Decided on: Apr-20-1883
Reported in: (1883)ILR6Mad381
Muttusami Ayyar, J.1. This is an appeal from an order of acquittal made by the Joint Magistrate of the district of Godavari in Calendar Case 2 of 1882 on his file. The complainant in this case is one Atmuri Lakshmi Narasimham, a komati by caste, and the District Munsif of Rajahmundry, and the respondent is the high priest of the Smarta sect in the Northern Circars, and the head of one of the six mattams belonging to that sect called Abhinava Virupakshi mattam. In 1881 there was an earnest discussion in Rajahmundry and in other places, as to whether widow-marriage was not really in accordance with Hindu Law, and whether, if contracted in opposition to the existing usage, it should entail loss of caste. As might be expected, there was a difference of opinion on the subject, and the party in favour of such marriage was numerically small in comparison with the orthodox party which was opposed to it. The foremost advocate of widow-marriage in Rajahmundry is one Kandukuri Virasalingam, a Bra...
In Re: T.P. Waller
Court: Chennai
Decided on: Apr-20-1883
Reported in: (1883)ILR6Mad430
Charles A. Turner, Kt., C.J.1. It was enacted by the Civil Procedure Code, Act X of 1877, Section 8, that, save as provided in Sections 3, 25, 86, 223, 225, 386 and Chapter XXXIX, that Code should not extend to any suit or proceeding in any Court of Small Causes established in the towns of Calcutta, Madras or Bombay; but that the Local Government might, by a notification published in the official gazette, extend to such Court the Civil Procedure Code or any part thereof except so far as related to appeals and reviews of judgment.2. Chapter XX of that Code invested the District Court (a Court of unlimited jurisdiction in respect of value) with a jurisdiction in insolvency in the cases of insolvent judgment-debtors who might be residing, or in custody, within the local limits of its jurisdiction.3. The jurisdiction so conferred enabled the District Court not only to discharge and protect an insolvent judgment-debtor from imprisonment (Section 351), but committed to it powers which could ...
Subramanya Ayyar and ors. Vs. the Secretary of State for India
Court: Chennai
Decided on: Apr-19-1883
Reported in: (1883)ILR6Mad361
1. The appellants are inamdars in the Palaiyapat village of Urkad in the taluk of Ambasamudram in the district of Tinnevelly. Their ancestors had held 9-72 acres of wet land as inam from before 1800, for the purpose of maintaining a 'Dwadasi Katlai Chattram' and feeding four Brahmans on every Dwadasi or the 12th day of every lunar fortnight. They since divided the inam, and a third share is now held by one Yegna Subba Ayyar, the remaining two-thirds being held by the appellants. It was asserted by the zamindar of Urkad that the inamdars entered into an agreement in 1850 that they were to pay the zamindar every year seven kottais of paddy for each kottai of land for the maintenance of the charity. In 1864, the tenure on which this inam was held was investigated by the Inam Commissioner, and, on the 18th August 1864, the title-deed D was issued by that officer on behalf of the Governor in Council. It purported to have been issued to the manager for the time being of Dwadasi Katlai Chattr...
Koraga Vs. the Queen
Court: Chennai
Decided on: Apr-14-1883
Reported in: (1883)ILR6Mad374
Charles A. Turner, Kt., C.J.1. We have considered the evidence recorded in this case, and are of opinion that it is not sufficient to prove that the cohabitation of a man and woman under the Alyasantana law constitutes such a marriage as is intended in those sections of the Penal Code which provide for the punishment of offences against the marriage right. That the Alyasantana law did not recognize such cohabitation as marriage appears to be shown by the circumstance that it founds upon it no rights of property or inheritance. The authority of the treatise attributed to Bhutalapandya has been seriously impugned.2. The customary cohabitation of the sexes under Alyasantana law appears to us to do no more than create a casual relation, which the woman may terminate at her pleasure, subject, perhaps, to certain conventional restraints among the more respectable classes, such as a money payment and the control of relations, etc., which may be prescribed as a check upon capricious conduct. I...
Srinivasa Chari Vs. the Queen
Court: Chennai
Decided on: Apr-14-1883
Reported in: (1883)ILR6Mad336
Charles A. Turner, Kt., C.J.1. The Judge has submitted this case for orders under the following circumstances.2. The accused, with other persons who have been acquitted, was tried on charges, of which some were, at the time the trial commenced, triable by a jury and others were not so triable. In accordance with the practice then obtaining, the jurors were empanelled as assessors in respect of the charges they were not competent to try as jurors.3. The trial was-protracted, and, before its conclusion, Act X of 1882 came into force. That Act, Section 269, prescribes that, where on a trial some charges are triable by a jury and others are not ordinarily so triable, all the charges shall be tried by a jury; and the Judge considers that the operation of the Act in this case was to convert the persons empanelled as assessors into jurors in respect of the charges they commenced to try as assessors. Inasmuch as the accused was convicted by the jury on one of those charges, and the Judge found...
Narayana Sanabhoga and anr. Vs. Narayana Nayak and ors.
Court: Chennai
Decided on: Apr-13-1883
Reported in: (1883)ILR6Mad327
Innes, J.1. The contract being one of 1849 is not affected by the Transfer of Property Act, Sections 111 and 114 (see provisions of Clause C, Section 2), and the case has to be dealt with upon the principles upon which this Court has hitherto acted in a long series of decisions of which Kottal Uppi v. Edavalath Thathan Nambudri 6 M.H.C.R. 258 is a clear exponent.2. The proper course is to ascertain the intention of the parties and to give effect to that intention. Having regard to the entire contract, it appears to us that the clause of forfeiture for non-payment of rent was held over the defendant in terrorem and was not intended to be enforced.. It was thus what is styled a penal clause and will be relieved against. There is in the contract no clause of forfeiture upon alienation. It simply provides that the demises shall not alienate. The effect of this is limited to rendering the alienation inoperative against plaintiff.3. We agree to the decree passed by the District Judge and sha...
Somu Vs. the Queen
Court: Chennai
Decided on: Apr-13-1883
Reported in: (1883)ILR6Mad316
Charles A. Turner, Kt., C.J.1. The petitioner complained to the Magistrate that, in consequence of her having widened a path by which her cattle were taken to pasture, K. Sankara Bhatta, I). M. Sankara Narayana Bhatta, Shambu alias Muttu Bhatta, and Sanku came to her verandah, inquired why she had widened the path, and abused her for it; that Sankara Bhatta pushed her on the neck, and, taking a switch of Maderi, struck her twice with it on the back; and that, fearing the other accused would also strike her, she entered the house. She added that the marks left by the blows were still visible.2. She was examined on her complaint; and it is recorded that she repeated her charge against Sankara Bhatta, that she admitted the other persons accused had not assaulted her, but explained that she included them in the complaint because they had stood by and abused her while Sankara was striking her.3. The Magistrate made a note that there were marks of blows on the complainant's back.4. It will b...
PugardIn Ravutan Vs. Moidinsa Ravutan and anr.
Court: Chennai
Decided on: Apr-13-1883
Reported in: (1883)ILR6Mad414
Innes, J.1. It was objected that the Court could not in such a case exercise its powers of Revision under Section 622 of the Code of Civil Procedure, as under Section 522 an appeal is provided. The case, Boonjad Mathoor v. Nathoo Shahoo I.L.R. 3 Cal. 375 was quoted in proof of this position. That is a case under the old Act, and it does not appear to me to be applicable to the questions before us in the present case. Section 522 provides that no appeal shall lie from a decree upon an award, except in so far as the decree is in excess of, or not in accordance with, the award.2. The section assumes that the conditions existed for passing a decree, that is to say, an award regularly and properly arrived at by arbitrators duly appointed. In the present case each party named two arbitrators;, an umpire was appointed by consent of both parties.3. The Judge made the order of reference to arbitrators on the 17th December 1880, assuming the consent of the arbitrators nominated. On the 20th Dece...
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