Chennai Court February 1929 Judgments
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(Raja) Vasireddi Bala Chendra Sekhra Vara Prasada Bahadur Garu Vs. Unn ...
Court: Chennai
Decided on: Feb-12-1929
Reported in: AIR1930Mad317
Jackson, J.1. Suit to recover possession of 18 acres of land. The lower Court decreed the suit and defendant 4 appeals.2. The Rajah of Chellapalli had a daughter Rajyalakshmamma who had two children, a daughter, Lakshmidevamma and a son, defendant 4. The Raja was very fond of his daughter who either from him or her mother received property worth three or four lakhs. She died in July 1919, and this stridhanam property devolved upon her daughter Lakshmidevamma for whom, the Raja acted as manager. But he was failing in health, and in March 1921 the Court of Wards took over his estate, and put it under the management of his son. In June 1921 he died. Then both his son and grandson defendant 4 set up claims to the property held, by Lakshmi devamma. The son claimed lands she hold on lease, and house property in Bandar; the grandson, setting up an oral will, claimed the estate of his mother Rajyalakshmamma, including a mitta in Chingleput District. Before any actual suit was filed by the cont...
The Municipal Council Vs. the Madras and Southern Maharatta Railway Co ...
Court: Chennai
Decided on: Feb-12-1929
Reported in: 121Ind.Cas.839
Coutts-Trotter, C.J.1. Under Section 135 of the Indian Railways Act IX of 1890, it is laid down that a Railway Administration shall not be liable to pay any tax in aid of the funds of any local authority unless the Governor-General in Council has, by notification in the Official Gazette, declared the Railway Administration to be liable to pay the tax. This tax is sought to be imposed by virtue of Act V of 1920, District Municipalities Act, whereby Municipal Councils are entitled to levy property tax under Section 81. In fact no notification has been issued by the Government of India since Madras Act V of 1920, came into force and the Municipal Council can only rely upon a notification of the 24th November, 1911, which was issued under the previous Act. It is said that the new section of the Act of 1920 amounts to no more than a compressing into one category of what under the old Act had fallen under three. To my mind that argument is unsound. Taxing Statutes are to be construed strictl...
Dasan Vs. Emperor
Court: Chennai
Decided on: Feb-11-1929
Reported in: AIR1929Mad495
1. The appellant has been convicted of the murder of his wife. That they were on bad terms is clear. The woman went out with the appellant to a shola on 25th June. He came back without her and gave a false explanation of her absence. On 27th her dead body was found lying in a stream in the shola. About ten feet from it was a large chisel that had been in the possession of the appellant. The body had been partly devoured by wild beasts but enough of it regained to show that the woman's throat had been cut, obviously with the chisel. The circumstantial evidence is overwhelming and its truth is established by the confession made by the appellant to P.W. 7, whose evidence the Sessions Judge accepted and we accept.2. The conviction is correct. The only question that remains is that of sentence. The Sessions Judge did not pass sentence of death, because he thought that the appellant entertained a suspicion, whether well founded or not, against his wife in relation to one Jadayan. Wife-murder...
Aiyanars and Kaniyala Swamigal Koli Devasthanam and ors. Vs. Periakaru ...
Court: Chennai
Decided on: Feb-11-1929
Reported in: AIR1929Mad617; 118Ind.Cas.279
Srinivasa Ayyangar, J.1. These Letters Patent Appeals have been preferred from the judgment of Phillips, J., sitting as a single Judge and against his decision allowing certain second appeals and restoring the decrees passed by the District Munsif who dismissed the plaintiffs' suits. The plaintiffs are thus the appellants before us.2. The first point taken on behalf of the appellants is that the learned Judge erred in considering that the burden of proof in the suits was wrongly laid on the defendants by the learned Subordinate Judge in the lower appellate Court. We have perused the judgment of the lower appellate Court carefully, and, though the Subordinate Judge at first begins by stating the question for determination correctly to be whether the grant by the Nawab of Walajah which was confirmed by the British Government includes both the melwaram and the kudivaram and by observing that there is no presumption either way in such cases, he later on proceeds to lay down that the burden...
In Re: Dasan Alias Devan
Court: Chennai
Decided on: Feb-11-1929
Reported in: 116Ind.Cas.142
1. The appellant has been convicted of the murder of his wife. That they were on bad terms is clear. The woman went out with the appellant to a Shola on 25th June. He came back without her and gave a false explanation of her absence. On 27th her dead body was found lying in a stream in the Shola. About 10 feet from it was a large chisel that had been in the possession of the appellant. The body had been partly devoured by wild beasts, but enough of it remained to show that the woman's throat had been cut, obviously with the chisel. The circumstantial evidence is overwhelming and its truth is established by the confession made by the appellant to P.W. No. 7, whose evidence the Sessions Judge accepted and we accept.2. The conviction is correct. The only question that remains is that of sentence. The Sessions Judge did not pass sentence of death, because he thought that the appellant entertained a suspicion whether well-founded or not against his wife in relation to one Jadayan Wife murde...
(Kakani) Krishnayya and anr. Vs. (Kodali) Kottayya and anr.
Court: Chennai
Decided on: Feb-08-1929
Reported in: AIR1929Mad449
Phillips, J.1. In this appeal, three alienations in favour of the appellants are in question. They were made by a widow and the lower appellate Court has found that they are not binding upon the estate except in one case where the consideration is binding to the extent of Rs. 180. These findings have been sought to be attacked on the ground that the learned Judge has committed various errors of law in coming to that conclusion. These errors of law seem to consist mainly in an alleged failure to consider some of the evidence and this argument is based on the absence of reference to all the details of the evidence in the judgment and the learned advocate for the appellants has been allowed to refer to some of that evidence which is deemed to be so material as to vitiate the judgment of the learned Judge. He has been unable to point out anything which is so material that an omission to refer to it in the judgment would vitiate that judgment and the District Judge appears to have considere...
The Madras Native Permanent Fund Limited in Liquidation by Fraser and ...
Court: Chennai
Decided on: Feb-07-1929
Reported in: AIR1929Mad773; (1929)57MLJ814
1. This matter arises out of the liquidation of the Madras Native Permanent Fund Limited which is what is commonly called a Nidhi. The greatest difficulties arise when these funds are turned into Limited Companies, because their articles are usually drawn without regard either to the provisions of the Memorandum or to the general law embodied in the Companies Act. The effect of the articles relied upon in this case was shortly to enable persons who had subscribed for shares of Rs. 100 to sever their connection with the company and end all their liability when they had paid up Rs. 84. That appears to us not only to be ultra vires of the memorandum but to be a reduction of capital without the assent of the Court which is directly forbidden by the Indian Companies Act. That being so, it is clear that these 357 persons mentioned in the Liquidators' list should be declared to be contributories. Mr. S. Duraiswami Aiyar argued a wider ground before us, namely, that the debts which it was soug...
(Avoor) Ramaswami Iyer and anr. Vs. Emperor
Court: Chennai
Decided on: Feb-07-1929
Reported in: AIR1929Mad603
ORDEROdgers, J.1. In this case the petitioners have been convicted for offences under Sections 6 and 7, Act 3 of 1889, namely, for opening or permitting to be used any common gaming house and for being found gaming or present for the purpose of gaming in a common gaming house. The prosecution sought to establish the offences by the evidence of Sub-Inspector, P.W. 1, who arranged to raid the house himself, he having previously deputed P.W. 2, a police constable to get into the house and to arrange to play. P.W. 1 says that he never went into the house on any previous occasion. He does not know how long accused 1 has been residing in the house and as for P.W. 2 he admits that accused 1 might have known him. On the other hand, the defence evidence is that accused 1 has been living in the house in question for 30 years with his wife and family and that it is a residential house and that the reason why there was cards play at that house at the time in question was that there was a Thirukaly...
Avoor Ramaswami Iyer and anr. Vs. Emperor
Court: Chennai
Decided on: Feb-07-1929
Reported in: 119Ind.Cas.165
ORDEROdgers, J.1. In this case the petitioners have been convicted for offences under Sections 6 and 7 of Act III of 1889, namely, for opening or permitting to be used any common gaming house and for being found gaming or present for the purpose of gaming in a common gaming house. The prosecution sought to establish the offences by the evidence of Sub Inspector, P.W. No. 1, who arranged to raid the house himself, he having previously deputed P.W. No. 2, a Police Constable to get into the house, and to arrange to play. Prosecution Witness No. 1 says that he never went to the house on any previous occasion. He does not know how long the 1st accused has been residing in the house and as for P. W. No. 2 he admits that the 1st accused might have known him, On the other hand, the defence evidence is that the 1st accused has been living in the house in question for 30 years with his life and family and that it is a residential house and that the reason why there was cards play at that house a...
Neyna Moona Kavanna Muhammad Moideen and 4 ors. Vs. S.K.R.S.K.R. Chint ...
Court: Chennai
Decided on: Feb-01-1929
Reported in: (1929)56MLJ547
Ramesam, J.1. This appeal arises out of a suit on a foreign judgment. The Lower Court granted a decree. The defendants appeal. The plaintiffs-respondents are members of the S. K. R. S. K. R. Firm. This Firm acting through their agent Nachiappa Chetti and another A. V. R. V. Andappa Chetti filed a suit in the Court of the District. Judge of Colombo, No. 46088. When the case came on for trial, both the parties filed a joint application to the effect that the trial of the case be postponed for three months with a view to settlement and that if not settled, judgment be entered for plaintiffs as prayed for with costs less Rs. 50 and that the property mortgaged with the plaintiffs be sold by Messrs. A V. Daniel & Sons, Licensed Auctioneers forthwith. This was on the 16th March, 1917. The case accordingly stood over for the 18th June. On that day the case was called on again and the District Judge passed this order:Case called. Mr. Somasundaram for plaintiff states that the case has not been ...
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