Chennai Court February 1927 Judgments
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In Re: Bodipatti Lalamma and Two ors.
Court: Chennai
Decided on: Feb-03-1927
Reported in: (1928)54MLJ709
Wallace, J.1. In a case where the President of the Bench is in a minority as to conviction or acquittal, the judgment should be written by some member of the majority. Otherwise, as in the present case, we have a conviction based on an acquitting judgment, and we are left without any reasons for conviction which, under the provisions of the Criminal Procedure Code, the Bench is bound to set out. The judgment does not conform to the law and the conviction cannot be upheld. It is hereby set aside. The fines, if paid, should be refunded.2. It is not a case for ordering retrial....
Govindasamy Koundan and ors. Vs. Bapatla Venkoba Row and ors.
Court: Chennai
Decided on: Feb-03-1927
Reported in: AIR1927Mad779
Odgers, J.1. In this case the assignee decree-holder has applied under Order 34, Rule 6, Civil P. C., for a decree that a mortgagor be directed to pay the difference between the amount realized by the sale of the hypotheca and the amount due to the plaintiff on his mortgage. The request has been refused by the District Munsif and allowed on appeal by the Subordinate Judge, and it is against this allowance of the personal remedy that the appeal has come to us here.2. The mortgage was one of 1905 and the suit on it was brought in 1912. The plaint in the mortgage suit is printed as Ex. A, and it asks for sale of the mortgaged property, and:directing that if there be still any balance even after the auction sale, defendant 1 personally and the family properties of defendants 1, 2 and 3 be held responsible therefor.3. The argument of the learned vakil for the appellants is that the plaintiff having asked for that personal relief, and the decree which appears as Ex. 1 being silent on the poi...
William PlyThe Petrett Vs. Emperor
Court: Chennai
Decided on: Feb-03-1927
Reported in: AIR1927Mad1018
1. We think the conviction is right. The evidence is clear that the furniture was entrusted to the appellant by the Official Assignee for the purpose of continuing his business and that, in breach of the trust, the appellant disposed of it to various persons. It is urged that the offences committed fell under Section 103, Presidency Towns Insolvency Act, and that the jurisdiction of the Magistrate was thereby excluded. Assuming that the facts proved do amount to an offence under Section 103, (b) (2), Presidency Towns Insolvency Act, which is not clear, we do not think that the Magistrate had no jurisdiction: vide Segu Baliah v. Ramaswamiah [1917] 6 M. L. W. 283 42 I. C. 608.2. The sentence is not excessive. The appeal is dismissed....
(Boddipati) Lalamma and ors. Vs. Emperor
Court: Chennai
Decided on: Feb-03-1927
Reported in: AIR1928Mad197
ORDERWallace, J.1. In a case where the President of the Bench is in a minority as to conviction or acquittal, the judgment should be written by some member of the majority. Otherwise, as in the present ease, we have a conviction based on an acquitting judgment, and we are left without any reasons for conviction which under the provisions of the Criminal Procedure Code, the Bench is bound to set out. The judgment does not conform to the law and the conviction cannot be upheld. It is hereby set aside. The fines, if paid, should be refunded.2. It is not a case for ordering retrial....
In Re: William PlyThe Perrett
Court: Chennai
Decided on: Feb-03-1927
Reported in: 105Ind.Cas.448
1. We think that the conviction is right. The evidence is clear that the furniture was entrusted to the appellant by the Official Assignee for the purpose of continuing his business and that, in breach of trust, the appellant disposes of it to various other persons. It is urged that the offences committed fell under Section 103 of the Presidency Towns Insolvency Act and that the jurisdiction of the Magistrate was thereby excluded. Assuming that the facts proved do amount to an offence under Section 103(6)(2) of the Presidency Towns Insolvency Act, which is not clear, we do not think that the Magistrate had no jurisdiction, vide Segu Balliah v. Ramasamiah 42 Ind. Cas. 608 : 6 L.W. 283 : 18 Cri. L.J. 992.2. The sentence is not excessive. The appeal is dismissed....
Simhadri Venkatanarasayya Vs. the Official Receiver
Court: Chennai
Decided on: Feb-02-1927
Reported in: (1927)53MLJ136
Odgers, J.1. The first point urged in this case by Mr. Lakshmanna for the appellant is one of law and the appeal is from the order of the District Judge of Godavari on a petition under Section 53 of the Provincial Insolvency Act asking for the cancellation of a certain mortgage deed executed by the insolvent in favour of the respondent on the 26th of July, 1920, Exhibit I. The point of law is that although the mortgage deed in question was executed on the 26th of July 1920 and the adjudication was on the 24th of October, 1922 the petition for adjudication is dated the 25th of April 1922 or within two years of the execution of the mortgage deed in question. So that it comes to this; that if the provisions of Section 28(7) of the Provincial Insolvency Act, which says that an order of adjudication shall relate back to, and take effect from, the date of the presentation of the petition on which it is made, are to be applied to Section 53, then the transaction in question is clearly within ...
S.P.M. Muthiah Chetti and ors. Vs. Muthu K.R.A.R. Karuppan Chetti and ...
Court: Chennai
Decided on: Feb-02-1927
Reported in: AIR1927Mad852; (1927)53MLJ606
Kumaraswami Sastri, J.1. The plaintiffs are a firm of Nattukottai Chetties carrying-on banking business in Singapore and other places. They allege in the plaint that they appointed the defendant as their agent to conduct business in Singapore for a period of 3 years and as his conduct was found not to be satisfactory they sent another agent after the expiry of the 3 years' period and wrote to the defendant to hand over the business with the account books, documents and cash on hand to the new agent, that the defendant refused to hand over charge of the business to the new agent until and unless the accounts between him and the plaintiffs were settled and the letter containing the terms of the agency written by him to the plaintiffs, called the salary chit, was returned to him and a release deed was executed in his favour releasing him from all claims against him with reference to his agency, that as the defendant was obdurate and as the plaintiffs feared that they might suffer heavy lo...
S.S.A.S. Arunachalam Chettiar Vs. A.M. Muhammad Salihu Marakkayar and ...
Court: Chennai
Decided on: Feb-02-1927
Reported in: AIR1928Mad133
Kumaraswami Sastri, J.1. Plaintiff is the appellant. The plaintiff's father had dealings with defendants 1 to 4 who are Mahomedan merchants who carried on business in 1914 and 1915 in Colombo. Defendants 1, 2 and 4 by their agents and defendant 3 personally executed a bond in favour of the plaintiffs father for Rs. 75,000 on the 29th September 1914 and also created a sub-mortgage document executed in their favour by third persons. The plaintiff's father filed suit No. 4186 of 1915 in the District Court of Colombo on the 25th May 1915 and obtained an ex-parte decree on the 18th June 1915 which is filed as Ex. A in this case. The decree states that the defendants did not appear either in person or by proctor or by counsel although duly served with summons. The property which was sub-mortgaged was sold in execution of the 10th January 1916 and was purchased by the plaintiff for a sum of Rs. 100 and finding that he could not obtain anything more by execution in the Colombo Court, the plain...
Ramaswamy Pillai and ors. Vs. Kasinatha Iyer and ors.
Court: Chennai
Decided on: Feb-02-1927
Reported in: AIR1928Mad226a
Kumaraswami Sastri, J.1. Appeal No. 213 arises out of a suit filed by the plaintiffs who are brothers and sons of one Arunachalam Pillai to set aside the sales and mortgages referred to in the plaint effected by one N.S. Ramaswamy Pillai, now deceased who, it is alleged, purported to act as their guardian though he had no right to do so and made the alienations complained of. The defendants in that suit were the alienees. Appeal No. 214 arises out of a suit filed by a mortgagee from the aforesaid guardian who seeks to enforce his mortgage on the ground that the mortgage is binding on the plaintiffs. The title of the plaintiff's father to the properties alienated by the guardian is not disputed: Though the suits were not between the same parties the evidence recorded in one suit was by consent of parties treated as evidence in the other and one judgment was delivered in both the suits. The Subordinate Judge held that the mortgage was for necessary purposes and binding and as regards the...
Ramasami Pillai and ors. Vs. Kasinath Iyer and ors.
Court: Chennai
Decided on: Feb-02-1927
Reported in: 108Ind.Cas.529
Kumaraswami Sastriar, J.1. Appeal No. 213 arises out of a suit filed by the plaintiffs, who are brothers and SONS of one Arunachala Pillai, to set aside the sales and mortgages referred to in the plaint effected by one N. S. Ramasami Pillai, now deceased, who, it is alleged, purportad to act as their guardian though he had no right to do so and made the alienations complained of. The defendants in that suit were the alienees. Appeal No. 214 arises out of a suit filed by a mortgagee from the aforesaid guardian who seeks to enforce his mortgage on the ground, that the mortgage is binding on the plaintiffs. The title of the plaintiffs' father to the properties alienated by the guardian is not disputed. Though the suits were not between the same parties, the evidence recorded in one suit was by consent of parties treated as evidence in the other and one judgment was delivered in both the suits. The Subordinate Judge held that the mortgage was for necessary purposes and binding and as regar...
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