Chennai Court March 1928 Judgments
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In Re: N.D., a Second Grade Pleader
Court: Chennai
Decided on: Mar-01-1928
Reported in: 110Ind.Cas.815; (1928)55MLJ170
Murray Coutts Trotter, Kt., C.J.1. The pleader in this case is fortunate in that the District Judge has not actually found in terms that the story told by him is a deliberate concoction. He found that the story was extremely improbable but not demonstrated to be false. Had he so found the pleader would have been struck off for life. But what is left is very serious. Here is a professional man, whose business it is to appraise evidence, launching a grave charge against a public judicial officer on materials which he must have known to be wholly inadequate to sustain it. At the last moment under pressure from this Court he brought forward in corroboration an alleged eye-witness of the bribe taking, whose evidence is transparently false. We wish to make it clear to the profession, if it does not already realise it, that it is misconduct for a professional man not only to make charges which he knows to be false but charges which he must know he has no reasonable prospect of substantiating....
Dadamudy Tatayya and ors. Vs. Kelachina Venkatasubbarayya Sastri
Court: Chennai
Decided on: Mar-01-1928
Reported in: AIR1928Mad786
Devadoss, J.1. It is contended by Mr. Venkatachariar for the appellants that the words ' jeroyiti lands ' mean ryoti lands and he relies upon a number of decisions of this Court in support of his contention. There are the cases of this Court in which it was held that the term ' jeroyoti ' does not necessarily mean ' ryoti. ' It is again urged that in the Kistna District the ward ' jerpyoti ' is used as meaning ' ryoti. ' It would not be very satisfactory to decide upon the meaning of this word by reference to cases in which the term was used as denoting ryoti land. I think for a proper disposal of this case there should be a specific finding as to the meaning of the word 'jeroyiti' as used in the part of the country in which the plaint land is situated. It is suggested for the respondents by Mr. Raghava Rao that the word 'savaram jeroyiti' mean homeform land. The Subordinate Judge will record a finding first as to the meaning of the words ' jeroyiti ' and ' seri 'as used in that part o...
Pattammal Vs. Krishnaswami Iyer
Court: Chennai
Decided on: Mar-01-1928
Reported in: AIR1928Mad794
Thiruvenkatachariar, J.1. The question which has first to be considered in this case is whether this petition can be entertained under Section 115, Civil P.C. Under that section no application for revision in respect of any decree or order can be entertained if an appeal lies to the High Court in the case. The order sought to be revised was passed by the District Munsif of Shiyali upon an application for the execution of the decree of that Court in O.S. 97 of 1908. I think there can be hardly any doubt that the said order is a decree as defined in Section 2, Sub-section (2), Civil P.C. It relates to the execution of a decree for maintenance passed in favour of the petitioner under which certain immovable properties belonging to the defendants in the suit were charged for the payment of the annual maintenance decreed to her. Subsequent to the decree the respondent purchased from one of the judgment-debtors some of the properties over which the charge was created by the decree. The petit...
In Re: N. Dharmaraja Ayyar, Second Grade Pleader
Court: Chennai
Decided on: Mar-01-1928
Reported in: AIR1928Mad918
Coutts-Trotter, C.J.1. The pleader in this case is fourtunate in that the District Judge has not actually found; in terms that the story told by him is a, deliberate concoction. He found that the story was extremely improbable but not demonstrated to be false. Had he so found the pleader would have been struck off for life. But what is left is very serious. Here is a professional man whose business it is to appraise evidence launching a grave charge against a public Judicial Officer on materials which he must have known to be wholly inadequate to sustain it. At the last moment under pressure from this Court he brought forward in corroboration an alleged eyewitness of the bribe taking whose evidence is transparently false. We wish to make it clear to the profession, if it does not already realize it, that it is misconduct for a professional man not only to make charges which he knows to be false but charges which he must know he has no reasonable prospect of substantiating. This pleader...
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