Chennai Court December 1892 Judgments
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Queen-empress Vs. Viraperumal
Court: Chennai
Decided on: Dec-05-1892
Reported in: (1893)ILR16Mad105
Arthur J.H. Collins, Kt., C.J.1. The accused Viraperumal Asari has been convicted of the murder of a boy named Vellayan, aged three years, on the 3rd June 1892 and sentenced to death. Viraperumal Asari was on a visit to the boy's parents and had been living in their house for some weeks.2. On the 3rd June the father of Vellayan went to work at a village some miles from his home. His wife brought him his meals at mid-day, and at three naligais after sunset he returned to his village. On his way home he was met by his wife who informed him that the child was missing. He searched for the child that evening, but with no result. Next morning he renewed the search and passing by a well some three-quarters of a mile from his house discovered the body of his son floating in the water. He took the body from the well and discovered that the jewels usually worn by the child were missing, viz., a kapu, silver waistcord and a toe-ring. The neighbours soon assembled at the place, and the Police bein...
Khadir Moideen Routher Vs. Rama Naickan and anr.
Court: Chennai
Decided on: Dec-01-1892
Reported in: (1893)3MLJ176
1. The facts of the case are as follows. In October 1877 the 1st defendant, the father of defendants Nos. 2 and 3, and brother of 4th defendant, borrowed a sum of Rs. 200 from Subba Naick, the brother of the two plaintiffs and of 6th defendant, on the security of certain immovable property of which 5th defend ant has since become the purchaser. Subba Naick having died, the plaintiffs instituted the present suit to recover 1/3rds of the amount due on the mortgage; as the other claimant, 6th defendant would not join, they made him 6th defendant and relinquished 1/3rd of the amount due. During the progress of the suit the 6th defendant was by order of the court made 3rd plaintiff, but at the time his right to recover was barred. Two contentions were raised by defendants Nos. 1 and 5, first, that the suit was not maintainable, second, that the debt had been satisfied. Both were overruled and plaintiffs Nos. 1 and 2 obtained a decree. The 5th defendant appeals.2. By Section 22 of the Limita...
Chittury Siramulu Vs. Nalla Ravanamma
Court: Chennai
Decided on: Dec-01-1892
Reported in: (1893)3MLJ183
1. Upon the facts found the decision is clearly right. The property in dispute was admittedly the Stridhanam of Venkamma deceased. In 1877 she married the plaintiff's son in the Brahma form. The property was given to her partly by her own family and partly by her husband's family on the 2nd day of the marriage. The marriage being of the approved form it is clear that plaintiff who is her son's sapinda is entitled to take the property. It is laid down in Mitakshara Chap. 2, Section 11, that the Stridhanam property of a woman married in the approved form goes on her death to her husband and if he is dead to his nearest kinsmen.2. For appellant it is contended that Venkamma's husband's father who is said to be alive is a preferable heir to plaintiff on the ground that as a general rule males excluded females unless the succession of the latter is provided for by special texts. We are not however prepared to accept this contention. The class of heirs indicated by the text mentioned above i...
Raman Vs. Sridharan and anr.
Court: Chennai
Decided on: Dec-01-1892
Reported in: (1893)ILR16Mad449
1. The only point for consideration in this appeal is whether the suit is barred by Section 43 of the Code of Civil Procedure. We are of opinion that it is not, for the reasons stated in Nobin Chandra Roy v. Magantara Dassya I.L.R. 10 Cal. 924 2. We set aside the decree and remand the appeal for disposal according to law.3. The costs will abide and follow the result....
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