Chennai Court September 1903 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Naganada Davay and ors. Vs. Bappu Chettiar
Court: Chennai
Decided on: Sep-08-1903
Reported in: (1904)14MLJ69
Boddam, J.1. I think that the protection given to pledgees by Section 178 of the Contract Act is similar to that given to buyers under Exception 1 to Section 108 of the same Act and that the possession intended is the same in both Sections . In interpreting the section the English cases are of no assistance. The meaning of the section must be determined by a consideration of the statute and of the words of the section itself. The word ' possession' in the section is clearly not intended to cover all cases in which the goods, etc., are in the physical control of the pledgor because the ' possession' in the first part of the section is distinguished from the ' custody' of them in the last paragraph of the same section. It has, therefore, been held that goods in the custody of a servant, though they are in his physical possession, cannot be pledged under the section. BiddomayeeDabee Dabee v.Sitaram and Biddomayee Datee Datee v. Soobul Das Mullick I.L.R. 4 Cal. 497 and Shanhar Murlidhar v....
Ramasami Chetti and ors. Vs. Alagirisami Chetti and ors.
Court: Chennai
Decided on: Sep-04-1903
Reported in: (1904)14MLJ14
1. The appellant sues for a partition of the 100 kulis of punja land mentioned in the plaint and for the recovery of his one-third share therein. The land is situated in the Inam village of Attukkulam, which originally belonged in equal moieties to two brothers,--the great-grandfather of the 10th defendant and the great-grandfather of Lakshmana Iyer, on whose death his half share devolved on his daughter, the 2nd defendant. The half share of the great-grandfather of the 10th defendant devolved, share and share alike, upon the 10th defendant, his brother one Peria Lakshmana Iyer and his brother's son, the 9th defendant. The village was thus in the possession of the 2nd, the 9th and the 10th defendants and one Peria Lakshmana Iyer, as tenants in common, the 2nd defendant's share being one half and those of the 9th and 10th defendants and Peria Lakshmana Iyer being one-sixth each. These persons originally had only the melvaram right in the 100 kulis of land in question, the right of occup...
Oodayanasamy Tevar and anr. Vs. Alagappa Chetty and anr.
Court: Chennai
Decided on: Sep-04-1903
Reported in: (1904)14MLJ342
1. The objection that the consent of the guardian was not obtained before he was appointed, was not taken in the petition to set aside the sale and he is now appealing as guardian on behalf of the minor. It is at best a mere irregularity. See Mussumat Bibi Walian v. Banke Behari Per shad Singh 7 C.W.N. 774. No notice was necessary to the father's representatives. The suit was against a father and sons forming a joint Hindu family and it was, therefore, quite unnecessary to join the sons as representatives of the father on his death. The appeal is dismissed with costs....
Manavikraman Vs. Moyankutti
Court: Chennai
Decided on: Sep-02-1903
Reported in: (1903)13MLJ444
1. The decree of the Subordinate Judge is clearly wrong, The Judgment-debtor gets no option under a decree for the return of moveable property. The money amount inserted in the decree is inserted under Section 208 of the Civil Procedure Code which requires that an amount of money should be inserted in the decree as an alternative if delivery cannot be had. It is therefore only when after putting in force Section 259 of the C.P.C. it is found that it is impossible to obtain the property ordered to be delivered that the alternative amount in the decree comes into operation.2. We set aside the decree of the Subordinate Judge and restore that of the District Munsif with costs in this and in the lower appellate Court....
- ‹ Prev
- 1
- Next ›