Chennai Court August 1935 Judgments
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In Re: Appadurai Nainar and ors.
Court: Chennai
Decided on: Aug-06-1935
Reported in: 159Ind.Cas.853
ORDER1. This is an application to quash the commitment of accused Nos. 2 lo 4 in P.R.C. No. 13 of 1934 on the file of the Second Glass Magistrate's Court, Wandiwash, in the following circumstances.2. A suit on a promissory note alleged to have been executed by the complainant in the case was instituted against him before a Panchayat Court by the 1st accused. The writer of the promissory note is accused No. 2, and accused Nos. 3 and 4, are the attestors. For the purpose of this Criminal Miscellaneous Petition it must be taken that the suit was dismissed by the Panchayat Court on the ground that the promissory note was a forgery. Subsequent to its dismissal, a complaint with respect to an offence under Section 467, Indian Penal Code (forgery of a valuable security) was filed against the plaintiff in the case who is the first accused, and accused Nos. 2, 3 and 4 who are, as already stated, the writer and attestors of the promissory note. On a preliminary objection on behalf of the first a...
Kanthimathi Ammal Vs. Ganesa Aiyar Insane by His Wife and Next Friend ...
Court: Chennai
Decided on: Aug-05-1935
Reported in: AIR1936Mad101; 159Ind.Cas.718; (1935)69MLJ781
Wadsworth, J.1. This appeal is preferred against the rejection of an appeal on the ground that the petition for leave to appeal in forma pauperis was refused. A preliminary objec-is taken that no appeal lies. It seems to me that this objection must fail. Although in terms the learned District Judge's order is merely a rejection of the application to appeal in forma pauperis, it is in fact a rejection of the appeal itself and following the line of decisions of this Court Ayyanna v. Nagabhooshanam I.L.R.(1892) 16 Mad. 285, Zamindar of Tuni v. Benayya I.L.R.(1898) 22 Mad. 155 : 8 M.L.J. 304 and Saminatha Aiyar v. Venkatasubba Aiyar : (1903)13MLJ300 I must hold that the rejection of an appeal for a preliminary defect is a decree within the definition in Section 2 of the Civil Procedure Code.2. The order of the learned District Judge is in the following terms:I have carefully read this judgment and the appeal memo. I see no reason to think that the decree is contrary to law or erroneous or ...
P.A.R. Ramaswami Chettiar Vs. Srinivasa Iyer and ors.
Court: Chennai
Decided on: Aug-05-1935
Reported in: AIR1936Mad94; (1936)70MLJ214
M. Venkatasubba Rao, Officiating C.J.1. Before each appeal is dealt with separately, the undisputed facts common to the appeals may be briefly stated. The first defendant and his sons defendants 2 to 4, Nattukottai Chetties by caste, were members of a joint Hindu trading family, which carried on business under the name of P.A.R, Firm. On the 1st September, 1923, the third defendant filed a suit for partition ' of the family property, impleading as defendants, the other members of the coparcenary. On the 26th February, 1924, the second defendant filed his written statement, praying also for partition. On the 14th July, 1927, a preliminary decree foe partition was made. The defendants were natives of India, but the business was being carried on at Colomba. By a power-of-attorney dated the 11th October, 1916, the fourth defendant and one Subbiah Pillai were constituted as the first defendant's agents for the purpose of conducting the business. The next power-of-attorney that has been file...
P.A.R. Ramasawmi Chettiar Vs. Sreenivasa Ayyar and ors.
Court: Chennai
Decided on: Aug-05-1935
Reported in: 162Ind.Cas.371
Venkatasubba Rao, Offg., C.J.1. Before each appeal is dealt with separately, the undisputed facts common to the three appeals may be briefly stated. The 1st defendant and his sons defendants Nos. 2 to 4 Nattukottai Chetties by caste, were members of a joint Hindu trading family, which carried on business under the name of P.A.R. Firm. On September 1, 1923, the 3rd defendant filed a suit for partition of the family property impleading as defenders, the other members of the co-percenery. On February 26, 1924, the 2nd defendant filed his written statement, praying also for partition. On July 14, 1927, a preliminary decree for partition was made. The defendants were natives of India, but the business was being carried on at Colombo. By a power of attorney dated October 11, 1916, the 4th defendant and one Subbiah Pillai were constituted as the 1st defendant's agents for the purpose of conducting the business. The next power of attorney that has been filed is dated March, 6, 1925 and was gra...
K. Adinarayanaswami and ors. Vs. Rajah Sir Annamalai Chetti, (Successo ...
Court: Chennai
Decided on: Aug-01-1935
Reported in: 159Ind.Cas.779; (1935)69MLJ719
Madhavan Nair, J.1. These second appeals arise out of suits instituted by the proprietor of Pullur Village against his ryots for recovery of arrears of rent under Section 77 of the Estates Land Act for faslis 1332 to 1335. The ryots are the appellants.2. The only question of law that arises for decision in these second appeals relates to the application of Clause (3) to Section 13 of the Estates Land Act. The lands held by the ryots are admittedly dry lands. They are being cultivated under what is known as the cropwar system. The tenants dug up new wells in the fields and with the water from those wells they raised wet crops. The landlord is now seeking to charge wet rates for the crops thus raised. The rates admittedly will be higher than the dry rates otherwise chargeable. The question is whether he is entitled to do so. Reliance is placed on Section 13, Clause (3) of the Estates Land Act which says that:Notwithstanding any usage or contract to the contrary, a ryot shall not, by reas...
Doraisami Pillai Vs. Arumuga Naicker
Court: Chennai
Decided on: Aug-01-1935
Reported in: 159Ind.Cas.1027; (1935)69MLJ799
Cornish, J.1. The question raised in this Second Appeal is an important one, and I should have been glad if it had been argued on behalf of the respondent. However, I have had the benefit of a very able argument from the learned Advocate of the appellant, and I am satisfied on that argument that this appeal should succeed. The facts are that the appellant obtained a money decree against respondent, having attached respondent's property before judgment. Notwithstanding the attachment, and contrary to it, the respondent alienated the property to some third person. Subsequent to these events the respondent was adjudicated insolvent, and the appellant proved his debt due under the decree. I am told that he received nothing, as no assets were realized by the Official Receiver. In due course the debtor received his discharge. The appellant then sought to execute his decree against the property which he had attached and which, as already stated, the debtor had transferred prior to his insolve...
V. Macha Koundan Vs. V.K. Kottora Koundan
Court: Chennai
Decided on: Aug-01-1935
Reported in: 159Ind.Cas.625; (1935)69MLJ750
ORDER25. Even in the original application a request was made to treat the petition as a suit. We see no objection to this being done, but it will be necessary that Court-fee be paid as for a suit, the same being fixed on the amount claimed in the application in the first Court. We allow one month's time for the present respondent to pay the court-fee payable in the Court of First Instance.26. The necessary court-fee has been paid in accordance with the above direction. According to the opinion of the Full Bench the Respondent is entitled to the relief given to him by the Lower Appellate Court. The Civil Miscellaneous Second Appeal is therefore dismissed with costs. The lower Appellate Court's decree will be treated as a decree passed in a suit and the respondent will be entitled to add to his costs the extra court-fee he had to pay in accordance with our order of the 11th February, 1935....
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