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Chennai Court August 1924 Judgments

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Aug 19 1924

Natesa Naicken Vs. Raghavachari and ors.

Court: Chennai

Decided on: Aug-19-1924

Reported in: AIR1925Mad327; 85Ind.Cas.256

ORDERBeasley, J.1. The facts of these cases appeal to be that an application under Section 145, Criminal Procedure Code, was pending and during the pendency of that application, the Sub-Inspector of Police seized certain harvested crops apprehending a breach of the peace. The crops were first entrusted to the Village Munsiff and subsequently the crops were sold and the sale proceeds amounting to Rs. 340 were deposited and the proceedings under Section 145 were dropped with the consent of both parties. As there was no likelihood of a breach of the peace taking place, the question of possession was not decided. The Magistrate then appears to have decided the question, as to which of the parties was to receive the money, which had been deposited and he decided that the money was to be handed over to the counter-petitioners, in Miscellaneous Case No. 62 of 1922. The effect of this was that he really was deciding a question, which was the subject of dispute, between the parties, to be decid...


Aug 19 1924

N.M. Rayulu Iyer, Nagasami Iyer and Co. Represented by N.M. Nagaswami ...

Court: Chennai

Decided on: Aug-19-1924

Reported in: 88Ind.Cas.241

Ramesam, J.1. This appeal arises out of a suit for damages for non-acceptance of goods agreed to be sold to defendants by plaintiffs. The Subordinate Judge dismissed the suit The plaintiffs appeal.2. The plaintiffs and defendants are me chants of Madura dealing in yarn and cloth. On 20th August 1918, Ex. A was executed for the purchase of 50 bales (each of 20 bundles) of 'double deer yarn (Palukka)' at Rs. 21 per bundle, the defendants being represented by broker K.M. Nagaswami Iyer. Exhibit I is the corresponding entry in defendants' chitta of the same date. Rs. 100 was paid as earnest-money and Rs. 25 was to be paid as advance for each bale. Exhibit B is the letter of plaintiffs dated 24th August 1918 acknowledging the receipt of Rs. 1,250 as advances and promising to intimate the arrival of the bales from Bombay. It shows that the bales contracted for were out of the bales ordered for by the plaintiffs' Bombay firm from the dyeing factory at Pedlad.3. The plaintiffs got Pedlad yam f...


Aug 18 1924

Pyda Satyarazu Vs. the Guntur Cotton, Jute and Paper Mills Company Ltd ...

Court: Chennai

Decided on: Aug-18-1924

Reported in: (1924)47MLJ710

1. Respondents represent a company called ' The Guntur Cotton, Jute and Paper Mills Company, Ltd.' The appellant Pyda Satyarazu is the wife of one of the Directors who is also the Secretary of the Company. She is stated to have a mortgage, dated 2nd January, 1918, for Rs. 1,23,354 upon the assets of the firm. Rs. 74,000 out of this sum having been paid towards interest and principal, about Rs. 90,000 remains to be paid. Three suits have been brought in the Guntur Courts which raise questions as to the validity of this mortgage and none of these suits have been finally settled. One is O.S. No. 42 of 1919 on the file of the Additional Sub-Court for accounts in which the appellant's husband was charged with misfeasance in his capacity as Company Director. We are informed that the appeal in this suit is still pending. The other two are O.S. No. 15 of 1923 brought for a declaration that the debt is not binding on the Company, and O.S. No. 21 of 1924, the mortgagee's suit for the enforcement...


Aug 18 1924

Nallagatti Goundan Vs. Ramana Goundan and ors.

Court: Chennai

Decided on: Aug-18-1924

Reported in: AIR1925Mad170; 85Ind.Cas.677; (1924)47MLJ783

1. The appellant who had filed an application for adjudication as an insolvent applied for interim protection and this application was rejected by the District Judge. This appeal is against that order refusing such protection. In our opinion, the District Judge has inherent powers under Section 5 of the Provincial Insolvency Act to grant the appellant the protection he has claimed. See Abdul Razak v. Basiruddin Ahmed 14 CWN 586. On the merits of the application we are not satisfied that the discretion vested in the District Judge has been wrongly exercised by him. In these circumstances we dismiss this Miscellaneous Appeal with costs....


Aug 18 1924

P. Satyarazu Vs. Guntur Cotton, Jute and Paper Mills Co., Ltd.

Court: Chennai

Decided on: Aug-18-1924

Reported in: AIR1925Mad199

1. Respondents represent a company called 'The Guntur Cotton, Jute and Paper Mills Company, Ltd.' The appellant Pjda Satyarazu is the wife of one of the Directors who is also the Secretary of the Company. She is stated to have a mortgage, dated 2nd January, 1918, for Rs. 1,23,354 upon the assets of the firm, Rs. 74,000 out of this sum having been paid towards interest and principal, about Rs. 90,000 remains to be paid. Three suits have been brought in the Guntur Courts which raise questions as to the validity of this mortgage and none of these suits has been finally settled. One is O.S. No. 42 of 1919, on the file of the Additional Sub-Court for accounts in which the appellant's husband was charged with misfeasance in his capacity as Company director.2. We are informed that the appeal in this suit is still pending. The other two are O.S. No. 15 of 1923, brought for a declaration that the debt is not binding on the Company, and O.S. No. 21 of 1924, the mortgagee's suit for the enforceme...


Aug 18 1924

Sri Raja Bommadevara Raja Lakshmi Devi Amma Garu Vs. Sri Raja B. Nagan ...

Court: Chennai

Decided on: Aug-18-1924

Reported in: AIR1925Mad757; 87Ind.Cas.571

Spencer, Og.C.J.1. This is a suit to recover 12 years' arrears of maintenance. The 1st defendant, who was the Zamindar of Vallur, died after the institution of the suit and his sons were brought on the record, as 2nd and 3rd defendants. He married two wives, who were sisters of each other. The plaintiff is the senior wife. She bore two sons and a daughter, but the sons died young. She claimed maintenance at the rate of Rs. 500 per month, for the last 12 years. She was living apart from her husband, for the last 23 years; but, as her claim for more than 12 years' maintenance is barred under Article 128 of the Limitation Act, she makes no claim for the remaining eleven years.2. It appears from Exs. G, G-2, G-3, G-4 and G-9, which are letters written by the Zamindar, that he was fond of his wife at first and grateful to her for letting him marry her sister. In 1890, she went away to Cocanada from Pangidigudem, her husband's residence, but returned. In November 1894, she and her sister bot...


Aug 18 1924

Chinnammal Vs. Papathi Ammal

Court: Chennai

Decided on: Aug-18-1924

Reported in: AIR1925Mad986; 85Ind.Cas.982

Madhavan Nair, J.1. This is an application under Section 115 of the C.P.C. to revise an order made by the Subordinate Judge at Ootacamund granting permission to the respondent to sue in forma pauperis.2. The respondent, Papathi Ammal, claimed certain properties with mesne profits on the ground that they belonged to her mother, Maruthayi (who died in 1904) as her stridhanam and that the decree in O.S. No. 91 of 1907, on the file of the Sub-Court at Ootacamund, which the present petitioner obtained against Maruthayi's son in respect of the said properties and the purchase thereunder are not valid and binding on her. With a view to enforce her claim she filed O.P. No. 19 of 1919 on the file of the Sub-Court for permission to sue as a pauper. The present petitioner Chinnammal opposed this application (Exhibit II). On the 30th of March, 1920 when the petition came on for hearing Papathi Ammal, the respondent, was absent and her Counsel stated that he had no instructions. The application was...


Aug 18 1924

Rangappa Nayakan Vs. Rangaswami Nayakan and ors.

Court: Chennai

Decided on: Aug-18-1924

Reported in: 88Ind.Cas.249

1. The facts relating to this appeal may be set out very briefly. One Gopal Nayak died in the year 1900, leaving him surviving no son but only his daughter one Koppammal and grandson by that daughter one Ganga Nayak. He left also a brother and his sons. That he also left a Will seems undisputed; but the terms of this Will are in dispute.2. Soon after the death of Gopal Nayak, his daughter Koppammal and grandson Ganga Nayak began alienating various items of property peitaining to his estate. Exhibits C series and D series and 34 series and 35 are all deeds of hypothecation of sale so made in the years 1901 and 1902 by registered instrument marked F in the case of Koppammal and Ganga Nayak supported to sell and convey to one Govindappa Nayak all the items of the immoveable property set out in Schedules 1 and 2 to the plaint.3. It also appears that sometime after the death of Gopal Nayak, his daughter and grandson applied for succession certificate to the District Court of Tinnevelly and ...


Aug 18 1924

Gurumoorthi Iyer, Minor, by His Next Friend Meenambal Vs. P.S. Subrama ...

Court: Chennai

Decided on: Aug-18-1924

Reported in: 107Ind.Cas.401

C.V. Kumaraswami Sastri, J.1. This is a suit filed by the minor plaintiff represented by his mother as his next friend for a partition against his father the 1st defendant.2. Defendants Nos. 2, 3 and 4 are mortgagees from the 1st defendant.3. The plaint sets out that the plaintiff and the 1st defendant constitute a joint undivided Hindu family, that Gurumurthi Iyya, the father of the 1st defendant and grandfather of the plaintiff was a Subordinate Judge and died in about 1903 leaving considerable properties, mostly immoveable, of the value of Rs. 2,37,000, that the 1st defendant was only six years of age when his father died and was under the guardianship of his mother till about the year 1918, that even before he attained majority he fell into bad company and was leading a very dissolute and immoral life, that the 1st defendant attained majority in 1918, and has been borrowing monies very recklessly for illegal and immoral purposes and has incurred considerable debts to the extent of ...


Aug 18 1924

Pyda Satyaraju Vs. the Guntur Cotton, Jute and Paper Mills Co. Ltd.

Court: Chennai

Decided on: Aug-18-1924

Reported in: 85Ind.Cas.333

1. Respondents represent a Company called 'The Guntur Cotton, Jute and Paper Mills Co., Ltd.' The appellant Pyda Satyaraju is the wife of one of the Directors who is also the Secretary of the Company. She is stated to have a mortgage dated 2nd January 1918 for Rs. 1,23,354 upon, the assets of the 'firm, Rs. 74,000 out of this sum having been paid towards interest and principal, about Rs. 90,000 remain to be paid. Three suits have been brought in the Guntur Courts which raise questions as to the validity of this mortgage and none of these suits have been finally settled. One is O.S. No. 42 of 1919 on the file of the Additional Subordinate' Court for accounts in which the appellant's husband was charged with misfeasance in his capacity as Company Director. We are informed that the appeal in this suit is still pending. The other two are O.S. No. 15 of 1923 brought for a declaration that the debt is not binding on the Company and O.S. No. 21 of 1924, the mortgagee's suit for the enforcemen...


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