Chennai Court February 1912 Judgments
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Vijayaraghava Reddi Vs. Komarappa Reddi and anr.
Court: Chennai
Decided on: Feb-06-1912
Reported in: (1912)22MLJ409
1. In this case the decree was passed by the District Munsif ex parte. An application was made to set aside the ex parte decree and refused, and there was no appeal from the order refusing to set aside ex parte decree. But an appeal was filed against the decree itself. The District Judge who heard the appeal holds that the defendants were not prevented by sufficient cause from appearing on the date fixed for hearing and conducting the case, but he has set aside the decree and remanded the case to the District Munsif for disposal after giving the defendants an opportunity to adduce their evidence on the ground that the District Munsif had adjourned the case on the 12th July to the 24th August 1910 not at the request of the parties but for want of time and failed to direct the witnesses who were present to appear on the adjourned date of hearing We do not propose to pronounce a definite opinion on the question whether the District Judge could, in hearing an appeal against an ex parte dec...
K. Kunhichekkan and anr. Vs. Lydia Arucanden
Court: Chennai
Decided on: Feb-06-1912
Reported in: 14Ind.Cas.480
1. The facts necessary for the disposal of this second appeal may be briefly stated. One Acha, her son Chanthan, ard her two daughters were members of a fisherman family in Malabar governed by the Marumakkattayam law. The daughters became converts to Christianity taking the names of Lydia and Salome. Chanthan died a Hindu in September 18S8. Lydia, who also died in 1888, left three children, Nathaniel and two others. Nathaniel had been born a Hindu but became a Christian along with his mother. He died in 1899 leaving the plaintiff, his widow. Salome died in 1901 leaving five children; one of whom is the 8th defendent. All her children were born after her conversion to Christianity. The suit relates to two parambas which were mortgaged by Nathaniel to the 1st defendant on kanom in 1895. The defendants Nos. 2 to 7 are persons admittedly holding under the kanom. The plaintiff instituted the suit for redemption of the kanom after obtaining Letters of Administration to the estate of her husb...
Bhoja Ram Vs. Emperor
Court: Chennai
Decided on: Feb-03-1912
Reported in: 13Ind.Cas.927
Chevis, J.1. The conviction cannot be supported. Though the get-up of the accused's packets of beedies bears considerable resemblance to the get-up of the complainant's packets, and it may be that, the complainant may be entitled in n Civil action to obtain an injunction against the accused's selling his goods in such packets, yet the trademark used by the accused, a crescent encircling a crown over the letters A.M.R. is sufficiently different from the complainant's trade-mark, a crescent encircling a star over the letters A.G.M. I do not think that it can be said that the accused has been guilty of using a false trade-mark, or of selling goods having a counterfeit trade-mark. The dispute is one which may be fitly decided in a Civil Court, vide Surja Prasad v. Mohabir Prasad Tribedy 11 C.W.N. 887 : 6 Cri. L.J. 151; Mmperor v. Bukaullah Mallik 31 C.P 411 : 8 C.W.N. 307 : 1 Cri. L.J. 140 and Dowlat Ram v. Emperor 32 C.P 431 : 2 Cri. L.J. 320. The conviction is set aside and the fine, if ...
In Re: Ganapathi Pillai and ors. and Panchabakesa Iyer
Court: Chennai
Decided on: Feb-02-1912
Reported in: 15Ind.Cas.186
Sundara Aiyar, J.1. The only point urged in support of these petitions is that one of the trustees, Panchapagesa Iyer, having received the rent sued for and acknowledged the receipt of it, the plaintiff is not entitled to recover it again from the defendant. But the lower Court has found that the rent was not really paid to Panchapagesa Iyer.2. It is stated that this conclusion is entirely opposed to the evidence, but I have no power to interfere even if that be so. I am also unable to hold that a mere acknowledgment of payment by one of the trustees who did not really receive the money can in any way bind the institution. I dismiss the petitions....
Gudlavellaru Venkataratnam Vs. Vellathambi Venkataratnam
Court: Chennai
Decided on: Feb-02-1912
Reported in: 15Ind.Cas.218
Sundara Aiyar, J.1. The suit in this case was for contribution. The plaintiff alleged that a decree for money was passed against him and the defendant jointly, that in execution the whole of the amount was levied from him and that the defendant is, therefore, liable to pay him half of the amount. The defendant set up the contention that the debt for which the former decree was passed related to a partnership trade conducted by the plaintiff and the defendant jointly, that the plaintiff was, therefore, not entitled to recover the amount without an account being taken of the partnership transaction and that the suit was, therefore, not maintainable on the Small Cause side. The defendant did not say definitely in his written statement whether the partnership was a continuing one or not. As far as I am able to make out, his plea seems to have been that the partnership itself was dissolved, but that the account of the partnership had not been taken. If his case were that the debt sued for w...
G. Perayya (Minor) by His Mother and Next Friend, Mahalakshmamma Vs. A ...
Court: Chennai
Decided on: Feb-02-1912
Reported in: 25Ind.Cas.206
Wallis, J.1. I hold, following Neelu Ammah v. Krishna Panikar 6 Ind. Cas. 745 : 8 M.L.T. 85 : (1910) M.W.N. 211., that the plaintiff cannot maintain the suit without a succession certificate. Decree for the amount claimed with interest at contract rate up to date and subsequent interest at 6 percent., on plaintiff producing a succession certificate within two months. Otherwise the suit to stand dismissed. Plaintiff should pay defendant's costs as the litigation is due to his failure to produce succession certificate....
In Re: Vellai Ocha thevan
Court: Chennai
Decided on: Feb-01-1912
Reported in: 15Ind.Cas.315
ORDERMiller, J.1. The evidence in this case is that 18 months after a theft of 29 currency-notes, each of the value of Rs. 100, four of the stolen notes were found in the possession of the accused. He did not explain the possession but denied that he had ever had the notes with him.2. The question is whether, under these circumstances, the Magistrates were right in convicting him of dishonest retention of stolen property.3. There is no circumstance to suggest that he was the thief and in the case of currency notes, at any rate of those not of large value, it seems to me impossible to hold that possession, a year and a half after the theft, of a few of the stolen notes is by itself evidence, pointing to guilty knowledge on the part of the possessor, I do not find in the judgment of the Courts below anything to suggest that the accused is not a person who is likely to have had dealings to the amount of Rs. 400 in a single transaction, so as to render suspicious his possession of four not...
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