Court : Chennai
Reported in : (1927)52MLJ653
Jackson, J.1. Appeal under Section 417, Code of Criminal Procedure, against the acquittar of accused in C.C. No. 1077 of 1925 on the file of the Court of the Sub-Magistrate, Salem Town (Criminal Appeal No. 91 of 1925 on the file of the Court of the Sub-divisional Magistrae, Salem).2. The accused was charged under Sections 249 and 338, Madras Act V of 1920, for using a rice mill within three miles of Salem Municipality without license.3. The learned Magistrate has acquitted accused for two reasons both of which are unsound. He thinks that machinery likely to be dangerous to human life within the terms of Schedule V (q) of the Act is confined to machinery dangerous to the outside public. It would be a queer machine in a factory that jeopardised the passers-by, and of course human life means the life of any person whether he be within or without the premises of the factory. The Health Officer has clearly deposed that the factory is dangerous to health, and it is difficult to understand wh...
Tag this Judgment!Court : Chennai
Reported in : (1927)53MLJ176
Venkatasubba Rao, J.1. The question I have to decide in this suit is mainly a question of law--does a widow's claim to maintenance take precedence over debts binding on the family? The plaintiff is the mother of the 1st defendant who having become an insolvent is now represented by the 4th defendant, the Official Assignee, in whom the insolvent's property has vested. The plaintiff's husband carried on business in diamonds and his son, the 1st defendant, assisted him in that business. It is not seriously disputed that the property of which the plaintiff's husband died possessed, was joint family property which on his death survived to his son the 1st defendant. The latter continued the business, but having incurred large debts was declared an insolvent. The Official Assignee sold some properties and paid off all the secured creditors. The estate now consists of a sum of money about Rs. 6,600 and a house at Tanjore. There are many unsecured creditors whose debts remain to be discharged a...
Tag this Judgment!Court : Chennai
Reported in : AIR1927Mad602
Jackson, J.1. Appeal under Section 417, Code of Criminal Procedure, against the acquittal of accused in C. C. No. 1077 of 1925 on the file of the Court of the Sub-Magistrate, Salem Town (Crl. A. 91 of 1925 on the file of the Court of the Sub-Divisional Magistrate, Salem.)2. The accused was charged under Ss. 249 and 338, Madras Act 5 of 1920 for using a rice-mill within three miles of Salem Municipality without license.3. The learned Magistrate has acquitted accused for two reasons both of which are unsound. He thinks that machinery likely to be dangerous to human life within the terms of Sch. 5 (q) of the Act is confined to machinery dangerous to the outside public. It would be a queer machine in a factory that jeopardised the passers-by, and of course human life means the life of any person whether he be within or without the premises of the factory. The Health Officer has clearly deposed that the factory is dangerous to health and it is difficult to understand why the Magistrate goes...
Tag this Judgment!Court : Chennai
Reported in : AIR1927Mad1020
1. The appellants are a firm styled Sri Vilas. They have been assessed to pay the companies tax under Section 92, District Municipalities Act as agents of the Tinnevelly Textiles Co., Ltd. The question for decision is whether they are employed by that company as agents to represent it for the purpose of transacting business in the Tinnevelly Municipality. The Courts below have found that they are so employed. Their contention is that they are, as stated in para. 8 of the plaint, 'independent contractors; in other words that the relations between them and the company are those of buyer and seller.2. The answer to the question turns on the construction of the agreement between the parties, Ex. 4. Under that agreement the appellants were appointed sole banyans of the company for a period of 30 years. They were (Clause 2)to sell all goods manufactured or produced by the company at such prices as shall be approved by or on behalf of the company.and to be:responsible to the company for the d...
Tag this Judgment!Court : Chennai
Reported in : AIR1927Mad1092
Venkatasubba Rao, J.1. The question I have to decide in this suit is mainly a question of law--does a widow's claim to maintenance take precedence over debts binding on the family? The plaintiff is the mother of defendant 1 who having become an insolvent is now represented by defendant 4, the official assignee, in whom the insolvent's property has vested. The plaintiff's husband carried on business in diamonds and his son, the defendant 1, assisted him in that business. It is not seriously disputed that the property of which the plaintiff's husband died possessed, was joint family property which on his death survived to his son, the defendant 1. The latter continued the business but having incurred large debts was declared an insolvent. The official assignee sold some properties and paid off all the secured creditors. The estate now consists of a sum of money about Rs. 6,600 and a house at Tanjore. There are many unsecured creditors whose debts remain to be discharged and the question ...
Tag this Judgment!Court : Chennai
Reported in : AIR1928Mad245; 108Ind.Cas.319
Srinivasa Aiyangar, J.1. The only point that arises in this second appeal bears on the construction of Ex. A in this ease, one of the usual documents that are executed by a subscriber to chit fund in favour of the stake-holder giving security for the amount of the instalment, engaging to pay the sums as and when they fall due regularly. The document mentions the total of all the instalments payable by the defendant subscriber and provides for the payment of the same according to the due dates on which the chits are payable by the subscribers. Provision is also made for the amount omitted to be paid carrying interest at a particular rate. The lower Court has allowed a certain rate of interest as being the reasonable rate and there is no question before me with regard to it. The following is the provision in the deed with regard to the further non-payment of any instalments:If I fail to pay on the dates mentioned above, I shall pay the amount in default with interest thereon at the rate ...
Tag this Judgment!Court : Chennai
Reported in : AIR1928Mad613; 108Ind.Cas.637
Srinivasa Ayyangar, J.1. I think this appeal should be allowed. The plaintiff who is the appellant in this Court brought this suit as one of the heirs and legal representatives of one deceased Rasul Bi, for the recovery of his share of certain property made a gift of to her by her husband. The question turns upon the construction of the deed of gift Ex.-A. The Court of first instance granted the decree in favour of the plaintiff, but that was reversed by the lower appellate Court. The ground on which the lower appellate Court reversed the decree was that Ex. A which purports to be a deed of gift is not really a deed of gift but a deed of family arrangement. I am not satisfied that any Useful purpose can be regarded as having been served by calling a clear deed of gift as a deed of family arrangement. The provision in the deed is to the effect that Rasul Bi should take the property and one of the clauses is to the effect that she, like the other donees, should have absolute powers of di...
Tag this Judgment!Court : Chennai
Reported in : 101Ind.Cas.667
Jackson, J.1. Appeal under Section 417 of the Code of Criminal Procedure against the acquittal of accused in C.C. No. 1077 of 1925 on the file of the Court of the Sub-Magistrate, Salem Town (Criminal Appeal No. 91 of 1925 on the file of the Court of the Sub-Divisional Magistrate, Salem).2. The accused was charged under Sections 249 and 338, Madras Act V of 1920 for using a rice mill within three miles of Salem Municipality without license.3. The learned Magistrate has acquitted accused for two reasons both of which are unsound. He thinks that machinery likely to be dangerous to human life within the terms of Schedule V (q) of the Act is confined to machinery dangerous to the outside public. It would be a queer machine in a factory that jeopardised the passerby; and of course human life means the life of any person whether he be within or without the premises of the factory. The Health Officer has, clearly deposed that the factory, is dangerous to health and it is difficult to understan...
Tag this Judgment!Court : Chennai
Reported in : AIR1927Mad627; (1927)52MLJ605
1. L.P.A. No. 37 of 1927: Wallace, J.: This Letters Patent Appeal is against the decision of Curgenven J., in the matter of an order by him on C.M.P. No. 3718 of 1926 dated 6th January, 1927 refusing to set aside a Court sale in execution of a mortgage decree against the appellants. The chief point raised is a question of the jurisdiction of the Sub-Court, Vizagapatam, to sell the property in execution as the property is not within its territorial jurisdiction. The learned Judge has not dealt with this point, but has merely dismissed the petition for stay.2. It is not in dispute that between the date of the preliminary decree in the mortgage suit and the final decree the local area in which this property Res was taken away from the jurisdiction of the Sub-Court. The question for decision is whether in execution of the final decree the Court which passed the decree retains jurisdiction to sell the property which has passed out of its jurisdiction. This is a vexed question which has been...
Tag this Judgment!Court : Chennai
Reported in : AIR1927Mad835; (1927)53MLJ255
Odgers, J.1. This is an appeal from the order of the Subordinate Judge of Bezwada under the following circumstances. The petitioner decree-holder obtained a mortgage decree. In execution he brought to sale some only of the mortgaged items and bought them in Court auction, and as the price fetched was enough to satisfy the decree, satisfaction was recorded. After the sales were confirmed, when the petitioner went to take possession of the properties he had bought, he was resisted by a stranger. His petition to remove obstruction and get delivery was dismissed. Thereupon the decree-holder filed the petition appealed from to set aside the satisfaction that had been entered up, as the judgment-debtor had no saleable interest in some of the properties sold and the petitioner had consequently failed to get possession. The Subordinate Judge relying on certain authorities held that the petition lay and allowed further execution to the extent of the sale price of the item in respect of which th...
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