Chennai Court April 1909 Judgments
N.R. Authipurnam Pillai Vs. N. Appasawmi Pillai
Court: Chennai
Decided on: Apr-29-1909
Reported in: (1910)20MLJ99
1. The question is whether the plaintiff's father took an absolute estate or an estate of inheritance under the terms of the Will-Exhibit A.2. By that Will the testator bequeathed the two houses now in suit to his brothers-in-law Ramalinga Pillai and Veerasami Pilla and his adopted son Kandasawmi Pillai to be enjoyed by them ('Vamsa Paramparyamayi') from generation to generation ('egopithu') which means according to the plaintiff 'harmoniously; ' according to the defendants 'living jointly ', without any power of gift, mortgage or sale. There is also a gift in absolute estate of certain other property to his adopted son Kandasawmi Pillai.3. The contention of the learned pleader for the appellant is that the testator has sufficiently shown his intention to create an estate inheritable according to law by the use of the words 'Vamsa Paramparyamayi'' and that the words restricting the power of transfer cannot be given effect to as being an attempt to take away the power of transfer which ...
Tag this Judgment!In Re: Mantri Kamaraju
Court: Chennai
Decided on: Apr-23-1909
Reported in: 2Ind.Cas.128
ORDERRalph Benson, J.1. The order of the Sessions Judge staying the trial of Sessions Cases Nos. 47 to 49 of 1908, pending appeal, if any, by the accused against the conviction in Sessions Cases Nos. 44 to 46 of 1908 is not warranted by Section 240 of the Criminal Procedure Code, under which it purports to have been made.2. The opening words of that section make it clear that it is only applicable to joinder of charges in the same case, not to separate charges of distinct offences tried separately as in the present case. This was ruled in the unreported case Queen v. Sadia Unrep. Cr. Cas. Bom. p. 3623. It may be observed that the Sessions Judge might have attained the desired object by adjourning the trial under Section 344, Criminal Procedure Code, pending appeal, if any, in the other cases and the result thereof. Under Section 494, Criminal Procedure Code, the Public Prosecutor, might, with the consent of the Court, have withdrawn from the prosecution and may still do so, if so advis...
Tag this Judgment!Syed Bavuddeen Saheb Vs. Syed Esaff Sahib
Court: Chennai
Decided on: Apr-22-1909
Reported in: 3Ind.Cas.20
1. The Sub-Judge held on a question of fact that the stipulation in question' was by way of penalty. In holding that, oh the facts of this particular case, the stipulation was by way of penalty he has the support of the passages in the judgment of the Privy Council in Sundar Koer v. Rai Sham Krishen 4 A.L.J. 109 : 11 C.W.N. 240 We arc not prepared to say that the compensation which the Sub-Judge has awarded, is not reasonable compensation. The appeal is dismissed, with costs....
Tag this Judgment!The Administrator-general of Madras and anr. Vs. the Official Assignee ...
Court: Chennai
Decided on: Apr-22-1909
Reported in: 3Ind.Cas.163
Arnold White, C.J.1. The point raised in this case is by no means free from difficulty.2. The effect of the death of Mr. Macfadyean was to dissolve the partnership, Indian Contract Act section, 253 (10). After the dissolution the rights and obligations of the partners continued in all things necessary for winding up the business of the partnership (section 263). Mr. Napier on behalf of the appellant did not contend that Sir George Arbuthnot, as the surviving partner, had not the right to realise the property of the partnership and discharge its liabilities. I may omit Mr. Young's name since it is not disputed that Sir George Arbuthnot and Mr. Macfadyean were alone interested in the partnership's assets, Mr. Young being what is known as a salaried partner'. Mr. Napier's argument was that this being a personal right based on the natural confidence between the partners (see Lindley on Partnership, 7th Edition page 648), it did not pass to the Official Assignee and that for the purpose of ...
Tag this Judgment!Emperor Vs. Moonoosawmy and ors.
Court: Chennai
Decided on: Apr-22-1909
Reported in: 2Ind.Cas.84
1. The accused were charged by the Police with an offence punishable under Section 75, Madras City Police Act, III of 1888, in that they were drunk and disorderly in a certain arrack shop. The Presidency Magistrate acquitted the accused on the ground that an arrack shop is not a place of public resort' within the meaning of Section 75. The Crown Prosecutor, on behalf of Government, appeals against the acquittal on the ground that the Magistrata's decision is erroneous and that the decision is of general importance from the point of view of public order and good conduct.2. We think that the view of the Presidency Magistrate is erroneous. The words of the section are:Whoever is found drunk and incapable of taking care of himself...is guilty of any riotous, disorderly or indecent behaviour in any street or thoroughfare in any place of public amusement or resort, or on board any passenger boat or vesse, and whoever is guilty of any violent, disorderly or indecent behaviour in any Place, Co...
Tag this Judgment!A. Gopalaswami Naidu Vs. Emperor
Court: Chennai
Decided on: Apr-22-1909
Reported in: 2Ind.Cas.431
ORDER1. We are not satisfied that sanction ought to have been given in this case. The prosecution does not allege that there was no dacoity. In order to sustain a conviction it is necessary for the prosecution to prove that the Inspector, when he said that he recognised the dacoit by the flash of his revolver, not only spoke falsely 'but knew that he was speaking falsely. There is no evidence in the case to show that it is physically impossible, to recognize a man by the flash of a revolver. The cases referred to in Taylor's Medical Jurisprudence, 5th Edition, page 580, rather lead to the conclusion that identification by means of the flash, of a gun is not impossible. It is suggested by the Public Prosecutor that a revolver gives a smaller flash than a gun. That may be. It is a question depending on the relative quantity and quality of the powder used, and perhaps other circumstances also. We do not, however, think that it can be held with any certainty that identification by the flas...
Tag this Judgment!Kadri Pakirappa and ors. Vs. Manki HusaIn Saheb
Court: Chennai
Decided on: Apr-21-1909
Reported in: 3Ind.Cas.19
1. The plaintiffs' claim is not barred. There is a clear acknowledgment in the written statement of the delivery of the articles, therein referred to, to the defendant. From circumstances of that delivery-follows the legal incidents of his position to account for its price. See Sukhamoni Chow-dkrani v. Ishan Chunder Roy 25 I.A. 95. Counsel for the respondent cannot distinguish the case before us from this decision of the Privy Council and we are bound by it. If the ruling in Venkataramanayya v. Srinivasa Rau 6 M.k 182 is opposed to that decision we cannot follow it. We, therefore, set aside the decree of the lower appellate Court and direct the Judge to restore the appeal to his file and dispose of it in accordance with law. Costa will abide the result....
Tag this Judgment!Parakandyilparkum Kishakkayil Urumi Koran and ors. Vs. Kilath Puthiya ...
Court: Chennai
Decided on: Apr-21-1909
Reported in: 3Ind.Cas.41
1. We think the learned Judge was wrong in giving effect to the objection that the plaintiffs should have claimed possession. It seems to us, on the facts, a declaration was the only relief it was open to them to claim. Although the Kanom was granted to a stranger, the 1st defendant, never parted with possession. We think the decision in Padammah v. Themana Ammah 17 M.k 322 applies. We must set aside the decree of the lower appellate Court, and send hack the case to be disposed of according to law. Costs will abide the result.2. The memorandum of objection is dismissed with costs....
Tag this Judgment!S. Authikesavulu Chetty Vs. S. Ramanujam Chetty and anr.
Court: Chennai
Decided on: Apr-21-1909
Reported in: 3Ind.Cas.541
1. The suit is brought by the plaintiff-appellant, to recover the stridhanam, properties left by his wife who died without any issue. They are alleged to have been given to her at the time of marriage before the nuptial fire and during the bridal procession. The plaintiff claims to be the heir as the marriage was in the ''Brahma' form. The 1st defendant, the father and the 2nd defendant, the mother of the deceased, contend that the marriage was in the 'Asura' form, that, therefore, they are the heirs. Besides denying the right of the plaintiff to recover any properties in their possession they advance a counter-claim to recover some jewels of the deceased in the possession of the plaintiff. The learned Judge has held that the marriage' was in the Asura form and dismissed the suit. This is an appeal from that decision. It is not disputed that if the marriage was in the Brahma form, the plaintiff is the heir, and if it is in the Astira' form, one of the defendants and not the plaintiff w...
Tag this Judgment!Chenna Reddi Vs. Pedda Obi Reddi and anr.
Court: Chennai
Decided on: Apr-21-1909
Reported in: 2Ind.Cas.802
Wallis, J.1. This reference raises the question whether when an application for review of judgment has been made prior to the filing of an appeal and an appeal is filed subsequently the Court is precluded from proceeding to hear the application for review as held in Ramanadhan Chetti v. Narayanan Chetty 27 M.k 602 Section 623 Civil Procedure Code provides for making an application for review before an appeal has been filed, and Sections 624 to 630 provide that the Court is either to reject the application or to grant it and rehear the case. The legislature has thus conferred upon the party a right to apply for review and upon the Court jurisdiction to entertain the application and has directed how it shall be dealt with. When a right and a jurisdiction are conferred expressly by statute in this way it appears to me that they cannot be taken away or cut down except by express words or necessary implication. There are no express words and the question, therefore, is, is there any necessa...
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