Chennai Court April 1915 Judgments
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Raja Damara Kumara Venkataappa Nayanim Bahadur Varu Vs. Damara Ranga R ...
Court: Chennai
Decided on: Apr-29-1915
Reported in: AIR1916Mad919(2); 30Ind.Cas.106
John Wallis, C.J.1. The plaintiff-appellant in this case bases his claim to succeed to the estate of the late Gangadbara Rama Nayanim, on the ground that he was duly adopted by the junior widow with the consent of the sapindas after the senior widow had refused the adopt a boy. The District Judge has found, and we agree with him, that no such refusal is proved. On the other hand the evidence shows that the senior widow who left the family house shortly after her husband's death set up almost at once that her husband had authorised her to adopt during his life-time. It also appears that two days after the adoption of the plaintiff by the junior widow, and as soon as she heard of it, she went through the form of adopting the defendant purporting to act under the alleged authority from her husband. The District Judge found that this authority had not been proved, but this finding did not affect the result, as he also found that the plaintiff's adoption by the junior widow was invalid on t...
Ramaswami Aiyar and Vs. S. Sundaram Aiyar and Manager
Court: Chennai
Decided on: Apr-29-1915
Reported in: 30Ind.Cas.166
Sadasiva Aiyar, J.1. These twenty connected second appeals arose out of suits brought by 20 sots of tenants against the Receiver and Manager of the Tanjore Palace Estate for recovery of the excess amount alleged to have been exacted' as swatantrams (beyond the legitimate vents) by the defendant in Fasti 1320, these swatan trams being alleged to be not part of the legitimate melvaram due for the landlord's share.2. Section 143 of the Eatates Land Act says 'that landlords shall not exact from the ryots under any name or under any pretence anything in addition to the rent lawfully payable. All stipulations and reservations for such additional payment shall be void'. Then Section 144 provides that every ryot from whom any sum of money or any portion of the produce of the land has been exacted by the landlord in excess of the rent lawfully payable, shall be entitled to recover by a suit before the Collector, in addition to the amount or value of what has been so exacted, such sum be way of ...
Lodd Govinda Doss Krishna Doss Varu and anr. Vs. the Rajah of Karvetna ...
Court: Chennai
Decided on: Apr-29-1915
Reported in: 30Ind.Cas.357
1. These appeals are from an application to execute a mortgage decree. The decree was passed in favour of the appellant's father on the 29th of September 1903. The suit itself was instituted in 1901. At the time of the institution of the suit, the Court of Wards was in charge of the estate a portion of which was mortgaged to the appellant's father. The possession of the Court commenced in 1900 and was relinquished in or about September 1905. The appellant took possession of the village thereafter. There is a dispute as to the exact date when be assumed management. He presented his application for an order absolute and for the sale of the mortgaged properties in December 1905. That order has not been exhibited in these proceedings. The District Judge says: 'Before the order for sale was passed, it was not, however, ascertained what the balance of the mortgage-debt outstanding at the time of the application was, nor was the order absolute made for the realisation of any-specific amount.'...
In Re: Abibulla Rowthan Alias Kabil Rowthan and ors.
Court: Chennai
Decided on: Apr-29-1915
Reported in: AIR1916Mad407; 30Ind.Cas.447
1. There was no evidence before the Sessions Court against accused Nos. 2, 6 and 7 other than their own admissions in the Court below and the Sessions Court itself. The admissions in the Court below were made in answer to an invitation from the Committing Magistrate to say what they had to say. At the time when these statements were made in the Court of the Committing Magistrate the prosecution had given no evidence at all involving any one of these accused, as appears from an examination of the record of the evidence given in that Court. Section 342 of the Code of Criminal Procedure only gives the Magistrate the right to question the accused for the purpose of enabling him to explain any circumstance appearing in the evidence against him. We think that where no evidence has been given implicating the accused, the Magistrate has no right under the Statute to put questions to the accused or invite him to make a statement. We further think that if a statement is made by the accused in su...
A.M. Ross, Duly Authorised Agent of CertaIn Tea Companies and Labour A ...
Court: Chennai
Decided on: Apr-29-1915
Reported in: AIR1916Mad1157; 31Ind.Cas.224
Sadasiva Aiyar, J.1. Plaintiff is the appellant. So far as this suit, which is brought to recover damages against the Secretary of State for India in Council, is based upon the suspension and dismissal of Rama Sastry (a 'local agent' of the Assam Planters) by the Collector and District Magistrate of Ganjam, the plaintiff gave up his contention that such suspension and dismissal were wrongful.2. The remaining facts on which the claim is founded are (a) that the Collector and District Magistrate on the 22nd February 1910 closed a labour-recruiting depot at Berhampore, that recruiting depot having been intended -for the accommodation of coolies recruited on behalf of certain Tea Planting Associations in Assam, of which Associations the plaintiff had been appointed as agent; (b) that the Governor-in-Council by a Government Order, dated 12th October 1910, ratified and confirmed the Collector's order closing the depot till that date; (c) that the Government on the said 12th October 1910 in t...
The Public Prosecutor Vs. Kolangaret Imbichikuttam
Court: Chennai
Decided on: Apr-29-1915
Reported in: AIR1916Mad629(2); 29Ind.Cas.670
1. We think the accused should have been convicted under Section 307, Indian Penal Code. The finding is that he intentionally discharged a loaded gun at the complainant from a short distance and inflicted injuries which might well have been of a fatal character. In the circumstances, we convict the accused under Section 307 and enhance the sentence from two to three years rigorous imprisonment at the same time remitting the fine of Rs. 100....
Narayana Annavi and ors. Vs. K. Ramalinga Annavi Minor by His Guardian ...
Court: Chennai
Decided on: Apr-29-1915
Reported in: 36Ind.Cas.428
Sankaran Nair, J.1. This is a suit for partition. The following pedigree will show the relationship of the parties:____________________________________________________________________| | |Subramania Aunavi, Raman Annavi, Krishna Annavi, died died died| (k) Adopted son |Auantanarayana Annavi, Auantanarayana Annavi, | died died, || Natural son of Ramalinga Aunavi, |_________________ (x) married Ramulu Animal, || | | (who died in 1891) |Subb- Son Son |ramania died. died. |Annavi |died || |Anantanarayana |Annavi ____________________________________D.W. No. 4. |___________________________________________________________| | |Muthusami Annavi, Kamalinga Annavi, Lakshiwrvaraya Annavi, died in 1898. died in 1901 died, March 1909| || ___________________________| | | | Narayana Annavi, Pannu Ammal,| Plaintiff No. 1 defendant No. 4. | || ____________________| | | |Ramakrishna Krishnan,|Subranianian, minor plaintiff No. 3.|minor plaint-|iff No. 2.| |_________________________________________________...
The Public Prosecutor Vs. Thandavan Chetty
Court: Chennai
Decided on: Apr-28-1915
Reported in: 29Ind.Cas.671
1. The Sessions Judge has not considered the provisions of a law applicable to this offence having regard to the nature of the injuries inflicted by the accused. Under Section 300 (3), of the Indian Penal Code the offence is ordinarily murder if the bodly injury intended to be inflicted was sufficient in the ordinary course of nature to cause death. The accused in addition to other wounds inflicted a stab in the back one inch deep which pierced the pleura. This, in our opinion, was an injury sufficient in the ordinary course of nature to cause death. The Medical Officer, thinking the wound was only half an inch deep, stated in the wound certificate that the wounds were not serious. Before the Magistrate he deposed in answer to a question that that he had made this statement, but cannot, we think, have intended to repeat it in the light, of the fuller information obtained afi the post mortem examination. If the wound was of the serious character indicated, it cannot, in our opinion, be ...
In Re: Chagantipati China Basavapp
Court: Chennai
Decided on: Apr-28-1915
Reported in: AIR1916Mad624(1); 29Ind.Cas.544
Napier, J.1. There is no provision in Section 14 of the Indian Arms Act requiring a person to deposit a spear: and no other basis for the conviction is put forward by the Magistrate. The conviction and sentence are set aside. The fine should be refunded and the spear should be returned to the accused....
Veerappa Chettiar Vs. Visvanadha Aiyar
Court: Chennai
Decided on: Apr-27-1915
Reported in: 30Ind.Cas.507
1. We agree with the Subordinate Judge that the passage at the end of the deed was an interpolation and that under Section 20 of the Registration Act, the Sub-Registrar was justified in refusing to register the deed as the parties were not prepared to admit the interlineation. We also think there was a denial of execution by the defendant within the meaning of Section 35. We do not think the plaintiff is entitled to have the document registered as the deed of the defendant. As incidental to the dismissal of the plaintiff's suit for the registration, we think that we should at the same time order the registration of the execution of the deed by the plaintiff to be cancelled.2. The appeal is dismissed with costs.3. The memorandum of objections is dismissed with costs....
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