Chennai Court July 1891 Judgments
Kunhi Mannan Vs. Chali Vaduvath and ors.
Court: Chennai
Decided on: Jul-16-1891
Reported in: (1891)ILR14Mad494
1. The only question raised is with regard to the money originally secured by Exhibit I. The decree as framed is made without prejudice to that mortgage, but the fact is overlooked that this mortgage is merged in the decree which led to the sale sought to be set aside. The proper decree should be as follows:--'We declare that the plaintiff is entitled to the property notwithstanding the sale but subject to a charge in favour of the fifth defendant on the property sold for so much of the decree amount as relates to the money secured by Exhibit I with interest thereon at the rate of 6 per cent, per annum from 22nd October 1887 up to date of payment.' The suit was substantially a suit for a declaration, and the lower Appellate Court was probably in error in directing the payment of Rs. 32. But we have no power to interfere.2. The appeal has substantially failed and therefore the appellant must pay the respondents' costs...
Tag this Judgment!Queen-empress Vs. Erugadu
Court: Chennai
Decided on: Jul-13-1891
Reported in: (1892)ILR15Mad83
1. The procedure of the Deputy Magistrate in all these cases seems to have been irregular in several respects. In the first place the proceedings were not commenced by any summons to the accused or other formal notice that a criminal investigation was about to take place.2. Chapter XXII of the Code of Criminal Procedure does not appear to intend that proceedings in summary trials shall commence ordinarily otherwise than in other criminal trials either by summons or warrant, indeed Section 262 implies the contrary. Section 263 requires a record of the proceedings to be made by the presiding officer, and we think that it is intended hat the record shall be made at the time of the trial. Presumably the Deputy Magistrate, while seated on his pony, could not have kept the record required by Section 263, and he states that no clerk accompanied him. The record must, therefore, have been prepared after the close of the trial from memory or possibly from some rough note. This is not the procedu...
Tag this Judgment!- ‹ Prev
- 1
- Next ›