Chennai Court April 1909 Judgments
M.R.M.A. Subramanian Chettyar Vs. Rajah Rajeswara Dorai, Alias Muthura ...
Court: Chennai
Decided on: Apr-21-1909
Reported in: 2Ind.Cas.963
1. This is an appeal from the decree of the Subordinate Judge of Madura (East). The plaintiff is the minor Rajah of Ramnad. The 1st defendant was a creditor of the late Rajah and is the party in whose favour the three instruments which the plaintiff seeks to have set aside were made. The 2nd defendant is the trustee appointed under a deed of settlement (Exhibit 1 page 398) executed by the late Rajah on the 12th July 1895. The suit is brought for a declaration that an agreement of the 16th January 1899 between the 1st and 2nd defendants (Exhibit XLIX pages 514) and two mortgages of the 6th and 13th July 1899 (Exhibits (LXXXIII and LXXII pages 670 and 668) executed by the 2nd defendant in favour of the 1st defendant are invalid and for an order that a sum of Rs. 43,000 paid under these instruments should be paid by the 1st defendant to the credit of the trust estate.2. The circumstances in which the suit is brought are as follows:The late Rajah, who had contracted debts to the amount of ...
Tag this Judgment!Subban Chetty and ors. Vs. Latchmi Ammal
Court: Chennai
Decided on: Apr-19-1909
Reported in: 3Ind.Cas.206
Munro, J.1. The plaintiffs applied under Section 373, Civil Procedure Code, to withdraw their suit with permission to bring a fresh suit. The proper order on such an application was either an order refusing it or an order in the terms as prayed for. The District Munsif, however, passed an order to the effect that he allowed the withdrawal, but did not grant permission to bring a fresh suit. This is not, in my opinion, an order which he was competent to pass on the petition presented to him. The District Munsif then proceeded to judgment and said that the plaintiffs had applied to withdraw, that they had been allowed to do so, that permission to bring a fresh suit was not granted and that plaintiffs should pay the costs. It does not appear-and it is not alleged before me--that before passing judgment the District Munsif informed the plaintiffs of the way in which he proposed to deal with their application to withdraw. If the District Munsif had done so and the plaintiffs had then said t...
Tag this Judgment!In Re: Loganath Aiyar and ors.
Court: Chennai
Decided on: Apr-19-1909
Reported in: 4Ind.Cas.700
Relph Benson, J.1. The appellants are the persons who were convicted by the Sessions Judge in what are known as the Tinnevelly rioting cases. The general character of the riot is briefly stated by the Sessions Judge as follows: 'On March 13th, 1908, there occurred in Tinnevelly an outbreak remarkable on account of the wholesale and deliberate destruction of Government property by a mob of rioters and the spirit displayed by it of open defiance to constituted authority. Every public building in Tinnevelly Town, except the Sub-Registrar's Office, was attacked. The furniture and records of these public buildings, which are all within a radius of a furlong, were set on fire and in most cases the pandals and portions of the buildings themselves were burnt. The Municipal Office was gutted. No private building in Tinnevelly Town was attacked but shops were everywhere made to close. The Reserve Police had to be called out but the stone-throwing mob yelling 'Bande Mataram' would not disperse ti...
Tag this Judgment!Mundlamuny Ellamandu Vs. Gadipudi Chinnah Venkiah
Court: Chennai
Decided on: Apr-19-1909
Reported in: 2Ind.Cas.159a
ORDERMunro, J.1. The Magistrate has not found, as he should have done, under Section 145 (4) of the Criminal Procedure Code which of the parties was in possession on the date of the order passed under Section 145 (1). The possession he has found is possession a year earlier. The order is, therefore, set aside....
Tag this Judgment!Garu of Venkatagiri Vs. Vemaraja Suryaprakasam
Court: Chennai
Decided on: Apr-16-1909
Reported in: (1910)20MLJ120
1. The Collector's sanction was not required to the charge of water tax and this item should have been allowed with the interest on it. We do not find that there was any dispute as to the amount. We modify the decree by allowing the plaintiff to recover the amount claimed as water tax with interest in addition to the amount allowed by the Subordinate Judge. Respondent must pay the costs of this petition....
Tag this Judgment!Kutti Chettiar and ors. Vs. Subramania Chettiar and ors.
Court: Chennai
Decided on: Apr-16-1909
Reported in: 4Ind.Cas.1077a
1. The appellant instituted an action by which he sought to recover possession of a house from the defendants-respondents and further prayed in the alternative for partition of the house and delivery of possession to him of one moiety of it on payment by him to the defendants of one half of the amount for which the latter bought the property at a Court auction sale held in February 1900. The circumstances which led the plaintiff to make his claim are as follows:2. The house in question and shops belonged originally to two undivided brothers of a joint Hindu family viz., Kuppusawmi and Basappa. On the 29th June 1894, Kuppusawmi hypothecated a moiety of the house and also of one of the shops to one Veeraraghava Chetti. Then the two brothers, on the 14th July 1894, partitioned the properties, and in the partition each of them got a shop while the entire house fell to the share of Basappa who agreed to pay the whole of the debt payable to Veeraraghava. On the 22nd August 1895, both Kuppusa...
Tag this Judgment!Kayarunisa Begum Vs. Sakina Bivi and ors.
Court: Chennai
Decided on: Apr-16-1909
Reported in: 5Ind.Cas.991
1. We must follow the decision printed in a foot-note to Venkatasawmi v. Sri Deviamma 10 M. K180 and hold that no appeal lies against the District Judge's order under Section 565 of the Code of 1882.2. The appeal is dismissed with costs....
Tag this Judgment!Zamindar of Venkatagiri Vs. Vemaraja Suryaprakasam
Court: Chennai
Decided on: Apr-16-1909
Reported in: 5Ind.Cas.904
1. The Collector's sanction was not required to the charge of water tax and this item should have been allowed with the interest on it. We do not find that there was any dispute as to the amount. We modify the decree by allowing the plaintiff to recover the amount claimed as water tax with interest in addition to the amount allowed by the Subordinate Judge. Respondent must pay the costs of this petition....
Tag this Judgment!A. Munisawmi Chetty and ors. Vs. A. Murugappa Chetty and ors.
Court: Chennai
Decided on: Apr-15-1909
Reported in: 5Ind.Cas.515
Wallis, J.1. This is a suit brought by the two original plaintiffs who described themselves as members of the Beri Chetti caste of the Vaisya community and followers and disciples of Sri Abhimana Dharma Siva Chariar and worshippers of the temple of Sri Muthukumarasawmy against defendants Nos. 1 to 3 of whom the first is one of the Dharmakartas of the Temple and the 2nd and 3rd are alleged by the plaintiffs to have been duly elected as Dharmakartas. The plaintiffs alleged that they were interested in the said temple, in the worship therein conducted, in its appurtenances and in the management and administration of its property and purported to sue on behalf of themselves and all the other members of the said Beri Chetti caste being followers or disciples of the said Abhimana Dharma Siva Chariar besides people of all other Hindu communities--these last words having been added by way of amendment. The plaintiffs obtained the Acting Advocate General's leave to sue under Section 539, Civil ...
Tag this Judgment!In Re: Chillashi Nanu Nair and ors.
Court: Chennai
Decided on: Apr-15-1909
Reported in: 2Ind.Cas.425
1. In the absence of any-thing to show that the Magistrate's order under Section 476, Criminal Procedure Code, was part of the proceedings in the trial in which the alleged offence was committed, we are bound by the decision of the Pull Bench in Rahimadulla Sahib v. Emperor 31 M.K 140 and Aiyakannu Pillay v. Emperor 32 M.K 49 : (1909) 1 Ind. Cas. 597 and must hold that the order was made without jurisdiction. We set it aside....
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