Chennai Court December 1927 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Thammul Sowcar Vs. Nattu Ramadoss Reddiar and anr.
Court: Chennai
Decided on: Dec-19-1927
Reported in: 110Ind.Cas.54
Wallace, J.The plaintiff is a first mortgagee aud is suing to enforce his mortgage which runs over A aud B schedule properties. In the suit he gave up his right over B schedule property on the ground that his mortgagor, the 1st defendant, had sold it to one Narasimhulu Chettjr and had credited the sale price to the interest on the mortgage, The 2nd defendant, the appellant has been joined in the suit as the purchaser of the equity of redemption in A schedule property.He also appears to be the second mortgagee of A schedule property. He claims that in this suit he is entitled as second mortgagee so to marshall the burdens on A and B schedule properties as to compel the plaintiff to bring the B schedule pro-party to sale and recover from it as much of his mortgage-debt as he can before he proceeds against A schedule property and for that end the appellant maintains that his petition to bring the B schedule property purchaser Narasimhulu Ohetty on the record in order that this claim might...
Gamini Rangayya Vs. Rajahmundry Municipal Council, Represented by the ...
Court: Chennai
Decided on: Dec-19-1927
Reported in: 109Ind.Cas.578
1. The contention raised by the appellant is that under Section 182 of the District Municipalities Act V of 1920, a Municipal Council is not empowered to remove an encroachment the title to which became perfected before the commencement of the Act. There is nothing in Section 182 to suppose that any distinction is drawn between a title perfected before the coming into force of the Act end a title perfected after its coming into force. Clause (1) states in very general terms that any projection, encroachment or obstruction may be removed or altered. If the Legislature bad intended to except any class of encroachments from this Rule one would naturally expect a special clause to that effect. Instead of inserting such a clause the Legislature has enacted Clause (2) which says that when the projection, etc., has existed for a period sufficient under the Law of Limitation to give a prescriptive title, then it shall still be liable to removal, but the Council shall pay reasonable compensatio...
Yelumalai and anr. by Next Friend M. Mariappa Naicker Vs. Kuppammal an ...
Court: Chennai
Decided on: Dec-16-1927
Reported in: AIR1928Mad385; (1928)54MLJ263
Venkatasubba Rao, J.1. A question of some importance has been raised in this case by Mr. Devanathan. He contends that Order 33, Rules 10 and 11, Civil Procedure Code, do not apply to suits by paupers filed on the Original Side of the High Court. As this question must arise frequently, I have directed notice to the Government Solicitor and the learned Advocate-General has appeared and argued the point. To deal with this contention, it is necessary to examine several provisions of law. The broad question is, to what extent do the provisions of the Civil Procedure Code apply to the High Court in the exercise of its ordinary original civil jurisdiction? Section 117 which occurs in Part IX provides that, save as provided in that Part or in Part X or in rules, the provisions of the Code shall apply to High Courts. Section 121 runs thus:The rules in the First Schedule shall have effect as if enacted in the body of this Code until annulled or altered in accordance with the provisions of this P...
Meer Mayamathi Alimsa Sahib Vs. Suppu Goundan and ors.
Court: Chennai
Decided on: Dec-16-1927
Reported in: AIR1928Mad557
Kumaraswami Sastri, J.1. Defendant 5 is the appellant. He purchased the property in dispute in execution of a mortgagee decree in Suit No. 464 of 1919. This was a. suit filed by the second mortgagee impleading the first mortgagee and the mortgagor and his sons. The sale certificate issued to the appellant says that the property was sold to him for Rs. 500 in execution of the decree in that suit. Then a note is made in the sale certificate that the plaint item properties were sold after giving notice of the fact of the hypothecation thereof Rs. 1 000, by defendant 1 to one Subba Goundan. I have little doubt that the sale was subject to the first mortgage as there was nothing to show that the sale was free from the first mortgage, a fact that ought to have been stated in the sale certificate if this were so. The present suit is by the first mortgagee against the mortgagor and his sons, defendant 1 being the mortgagor, defendants 2-4 his sons, and defendant 5 being the present appellant i...
Chairman, Municipal Council Vs. Thirunarayana Aiyangar
Court: Chennai
Decided on: Dec-15-1927
Reported in: (1928)55MLJ566
ORDERDevadoss, J.1. This is an application to revise the order of the Sub-divisional First Class Magistrate of Chidambaram acquitting the accused in a prosecution launched by the Municipal Council of Chidambaram under Section 338(b) read with Sections 249 and 321 of the District Municipalities Act.2. The facts of the case are. The respondent, a coffee-hotel keeper, had a license for carrying on business of coffee-hotel keeper for the year 1926-27. As he disobeyed the order of the Chairman in connection with some matter not connected with the license, the Chairman gave notice that he had cancelled his license. Notwithstanding the cancellation, the respondent continued to carry on business as coffee-hotel keeper and he was prosecuted for keeping a coffee-hotel without a license as required by Section 249 and Schedule V of the District Municipalities Act. The learned Sub-divisional Magistrate acquitted the respondent on the ground that the prosecution had failed to prove that there was an...
K.T. Parameswara Nambudripad Vs. (Koyadan Chalil) Sridharan Nambiar
Court: Chennai
Decided on: Dec-15-1927
Reported in: AIR1929Mad289
1. The appellant has obtained a decree for redemption and has been ordered to pay compensation in respect of trees of spontaneous growth grown during the period of the tenancy and also in respect of certain reclaimed lands called kari nilam. As regards the trees of spontaneous growth, it is found by the District Judge that they grew during the period of the tenancy and that although they may have replaced the trees cut and burnt down by the tenant, they add to the value of the holding and that the land would be worthless as soil for punam if they were not on it. He has further held that they answer the definition of 'improvement' on the strength not of Section 3 of the Act (Compensation for Malabar Tenant's Improvements Act 1 of 1900) which defines the word 'improvement' but on the strength of certain remarks in two judgments of this Court. The first one is that of Sadasiva Ayyar, J., in T. Raman v. K.P. Manakkal Karnavan : AIR1915Mad1215 .Section 10 says (as I understand it) that tree...
Chairman, Municipal Council Vs. Tirunarayana Iyyengar
Court: Chennai
Decided on: Dec-15-1927
Reported in: 110Ind.Cas.454
ORDERThis is an application to revise the order of the Sub-Divisional First Class Magistrate of Chidambaram, acquitting the accused in a prosecution launched by the Municipal Council of Chidambaram under Section 338 (6) read with Sections 249 and 321 of the District Municipalities Act.The facts of the case are: The respondent, a Coffee-hotel keeper, had a license for carrying on business of Coffee-hotel keeper for the year 1926-27. As he disobeyed the order of the Chairman in connection with some matternot connected with the license, the Chairman gave notice that ha had cancelled his license.Notwithstanding the cancellation, the respondent continued to carry on business as Coffee-hotel keeper and he was prosecuted for keeping a Coffee-hotel without, license as required by Section 249 and Schedule V of the District Municipalities Act. The learned Sab-Divisional aMagistrate acquitted the respondent on the ground that the proseon tion had failed to prove that there was any justification f...
The Commissioner of Income Tax Vs. in the Matter of the Income Tax Ass ...
Court: Chennai
Decided on: Dec-14-1927
Reported in: (1928)55MLJ19
1. The assessee moved the Commissioner of Income-tax, Madras, to refer to the High Court certain questions of law which he alleged arose in connection with the assessment made by the Income-tax Commissioner. The Income-tax Commissioner being of opinion that no question of law in connection with the said assessment arose declined to make any reference. Thereupon the assessee moved the High Court and the High Court by its order, dated the 9th March, 1926, directed the Income-tax Commissioner to state a case on three points mentioned in that order. Subsequently the assessee moved the High Court to add a fourth point on which the Commissioner should be directed to state a case, the fourth point being:Where, in the absence of accounts, assessment was levied at an agreed figure as the result of negotiations by and on behalf of the assessee and the Income-tax Officer, whether the said assessment can be reopened Under Section 34 on the same state of affairs, viz., 'absence of accounts' or by r...
The Public Prosecutor Vs. Ponnuswami Nayak and ors.
Court: Chennai
Decided on: Dec-14-1927
Reported in: (1928)55MLJ674
1. Eight persons were charged with the murder of one Venkatarama Reddi. The Committing Magistrate discharged three of them and committed the rest for trial. At the trial one of the assessors thought that all the five accused were guilty. Two thought that one of them, the fifth, was innocent and the fourth that two - the third and the fifth were. The Sessions Judge, however, acquitted all of them. Against this acquittal the Public Prosecutor has appealed and we have called upon the three accused who were discharged by the Committing Magistrate to show cause why they should not be committed for trial. 'As we are ordering a re-trial, we propose to say as little as possible about the evidence in the case. A great deal of it relates to the parts said to have been played by two of the discharged accused. It is alleged that while the acquitted accused were parleying with the murdered man these two drove slowly past in a motor car and instigated them to shoot. The Committing Magistrate, on the...
In Re: Income-tax Assessment of P. Thiruvengada Mudaliar
Court: Chennai
Decided on: Dec-14-1927
Reported in: AIR1928Mad889
1. The assessee moved the Commissioner of Income-tax, Madras, to refer to the High Court certain questions of law which he alleged arose in connexion with the assessment made by the Income-tax Commissioner. The Income-tax Commissioner being of opinion that no question of law in connexion with the said assessment arose declined to make any reference. Thereupon the assessee moved the High Court and the High Court by its order, dated 9th March 1926, directed the Income-tax Commissioner to state a case on three points mentioned in that order. Subsequently the assessee moved the High Court to add a fourth point on which the Commissioner should be directed to state a case, the fourth point being:Where, in the absence of accounts, assessments was levied at an agreed figure as the result of negotiations by and on behalf of the asses-sea and the Income-tax Officer, whether the said assessment can be reopened under Section 34 on the said state of affairs, namely, absence of accounts or by raisin...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- Next ›
- Last »