Chennai Court May 1883 Judgments
In Re: Narayana Taragan and anr.
Court: Chennai
Decided on: May-26-1883
Reported in: (1883)ILR7Mad49
Charles A. Turner, Kt., C.J.1. In the township of Kalladakuriohi there is a street inhabited by weavers ( Kaikolars ): to the south of this is a street inhabited by Muham-madans known as Chattram Street; and still further to the south is the main high road to Ambasamudram.2. A street runs north and south from the Weavers' Street to the main high road bisecting the Chattram Street.3. For some months before the date of the order under review, a dispute existed between the Muhammadans and Hindus as to the right of the latter to carry corpses along the street crossing Chattram Street.4. From the cases which have come before this Court, it would seem that resistance was first offered to the conveyance through the cross street of the corpse of a Hindu who had died in the southernmost street. The Muham-madans on that occasion forcibly resisted the passage of the procession. Shortly afterwards, a Hindu died in the Weavers' Street, and, in order to vindicate the right of way they claimed, the H...
Tag this Judgment!The Queen Vs. Vyapuri Kangani
Court: Chennai
Decided on: May-25-1883
Reported in: (1883)ILR7Mad70
Charles A. Turner, Kt., C.J.1. The term 'arms' in Act XI of 1878 includes parts of arms. If then, the look and barrel of the gun, of which the accused admitted possession, were serviceable, the ground on which the conviction was set aside was erroneous. The statement of the accused that the gun had been delivered to his friend that a new stock might be supplied to it argues that it was serviceable. A re-hearing of the appeal would have been directed had not the appellant been sufficiently punished under the circumstances by the incarceration he has undergone....
Tag this Judgment!The Queen Vs. Arayi
Court: Chennai
Decided on: May-10-1883
Reported in: (1883)ILR7Mad17
Charles A. Turner, Kt., C.J.1. A peon employed by the manager of an estate under charge of the Court of Wards is not a public servant within the meaning of that term in the Penal Code.2. The conviction for an offence punishable under Section 353 * of the Indian Penal Code cannot be sustained; but as the accused is shown to punishable under Section 352 of the Indian Penal Code, the Court will not interfere further thave committed an offence han to direct an amendment of the conviction and reduction of the fine to Rs. 10.* Revision Case 211 of 1883 referred by H. E. Stokes, Acting District Magistrate of Tanjore....
Tag this Judgment!In Re: Govindappa Nayak and Antoni
Court: Chennai
Decided on: May-07-1883
Reported in: (1883)ILR7Mad36
Charles A. Turner, Kt., C.J.1. As I understand this case, a panchayit was assembled at the instance of the relatives of the complainant to inquire whether the accused Govindappa Nayak had any justification for applying an injurious epithet to the complainant. Being required to justify himself, Govindappa Nayak made the statement in respect of which defamation is charged and intimated that he had derived his information of the fact from Antoni. Antoni was then sent for and required to justify himself for giving such information. He then made a statement as to circumstances he believed he had witnessed. For the statements made by them on the occasion mentioned, Govindappa and Antoni have been convicted of defamation.2. I agree with the Sessions Judge that the statements were, on the occasion referred to; privileged. They were made in good faith for the protection of the interests of the persons making them. It being imputed to Govindappa and Antoni by the panchayit that they had defamed ...
Tag this Judgment!The Municipal Commissioners of Mangalore Vs. J.A. Davies
Court: Chennai
Decided on: May-07-1883
Reported in: (1883)ILR7Mad65
Charles A. Turner, Kt., C.J.1. Although the Vice-President should not have revised the assessment list and included Mr. Davies, for no emergency is shown which justified it, we cannot say that the revision was a nullity.2. The maxim, Quod fieri non debet factum valet, applies to such a case. Mr. Davies cannot rely on the insufficiency of the notice of assessment as an answer to the charge. Setting aside the acquittal, we order a new trial....
Tag this Judgment!Rajagopalachari Vs. Subbaraya Mudali
Court: Chennai
Decided on: May-05-1883
Reported in: (1883)ILR7Mad31
Charles A. Turner, Kt., C.J., Innes and Kindersley, JJ. 1. One Subbaraya Mudali was a tenant of lands in a Srotriem village, having a saleable interest in his holding. This interest he mortgaged to another Subbaraya Mudali, the respondent, who had obtained a decree for the enforcement of his mortgage when the Srotriemdar, alleging that default had been made in payment of rent, brought the tenant's interest to sale under the provisions of Section 38 of the Rent Recovery Act. The appellant became the purchaser. The respondent in execution of his decree procured the attachment of the property, and the appellant has failed to procure the removal of the attachment. It appeared that the existence of the arrear had been contested, and a decision passed in appeal in favour of the tenant. The Munsif held that the right of the mortgagee had been lost, because proceedings were not taken in the Revenue Court to set aside the sale within the period allowed for that purpose. He therefore decreed the...
Tag this Judgment!Eranjoli Illath Vishnu Nambudri Vs. Eranjoli Illath Krishnan Nambudri
Court: Chennai
Decided on: May-05-1883
Reported in: (1883)ILR7Mad3
Charles A. Turner, Kt., C.J.1. The Subordinate Judge has himself examined seven witnesses in North Malabar, and has, by the issue of a commission, procured the examination of four witnesses in South Malabar. All these witnesses are described as Nambudris of note. Seven of them are Vaidikans, spiritual teachers, and one is a Shandi (priest). As such they would presumably be familiar with the usage of the country, for they direct the religious ceremonies attendant on adoptions and are consulted by their fellow caste-men on questions relating to such of their civil rights as are regulated by their personal law. With one exception all these witnesses agree that the adoption of a daughter's or sister's son is recognized by the customary law of North and South Malabar. They support their opinion by giving instances of such adoptions which have taken place within their knowledge, and they name persons alleged by them to have been adopted in pursuance of the custom as now holding the estates t...
Tag this Judgment!Baba Vs. Timma and ors.
Court: Chennai
Decided on: May-05-1883
Reported in: (1883)ILR7Mad357
Charles A. Turner, Kt., C.J. (Innes, Kindersly and Muttusami Ayyar, JJ.)1. The question referred in this appeal is, whether a Hindu father, while unseparated from his son, has power to alienate to a stranger his self-acquired moveable estate, and his undivided share in the ancestral estate, moveable and immoveable.2. It may be admitted that some passages in the Mitakshara, respecting the father's power of alienation, are apparently conflicting; nevertheless they may be reconciled, and, when reconciled, are in agreement with the dicta of other commentators to whom reference is made as of authority in Southern India.3. To understand the subject, it is necessary to bear in mind the distinction which Hindu lawyers recognized between the ownership of, and dominion over, property, which distinction is clearly declared in relation to the question now under consideration by Devanda Bhatta in a passage to which I shall presently refer.4. In discussing the question, whether partition is the caus...
Tag this Judgment!Nawab Ahmed-un-nissa Begam Sahiba Vs. A.T. Arundel, President of the M ...
Court: Chennai
Decided on: May-02-1883
Reported in: (1883)ILR7Mad63
Charles A. Turner, Kt., C.J.1. The Municipal Commissioners have power to impose a tax on houses, buildings and lands with certain exceptions, at a rate not exceeding 10 per cent. of the annual value.2. When such a tax has been imposed, the President may, at his discretion in lieu of the tax, levy on lands unappropriated to buildings or occupied by native huts a fixed annual tax not exceeding 4 rupees per ground.3. Section 123 defines annual value for the purposes of assessment under the Act, and when that tax is levied under Section 119 it will govern the assessment.4. Section 123 has, however, no reference to the alternative given to the President by Section 120. On land of the description mentioned in that section a fixed annual tax may be imposed irrespectively of the annual value calculated under Section 123. Probably in determining the fixed annual sum the President would be somewhat, but not altogether, guided by the profits which are or would be obtained from the land if such us...
Tag this Judgment!Subramanya Ayyar Vs. the Queen
Court: Chennai
Decided on: May-01-1883
Reported in: (1883)ILR6Mad396
Charles A. Turner, Kt., C.J. 1. On the 14th September the Magistrate of the District issued a warrant for the arrest of the petitioner to answer charges of offences punishable under Sections 2011 and 5062 of the Indian Penal Code. The signature of the Magistrate was not in writing, but impressed with a stamp. It contained no direction that bail should be taken.2. The petitioner was arrested and brought before the Magistrate on 14th September, and was directed to attend on the following day. No written order was recorded for the adjournment, nor was any recognizance taken from the petitioner.3. On the 15th September the District Magistrate tried the petitioner summarily, convicted him of an offence punishable under Section 506 of the Indian Penal Code, and sentenced him to undergo rigorous imprisonment for three months. The record, which also was not signed but stamped, was apparently made by a clerk in violation of the provisions of Section 2292 of the Criminal Procedure Code, 1872. It...
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