Chennai Court October 1939 Judgments
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In Re: Nainamuthu
Court: Chennai
Decided on: Oct-17-1939
Reported in: (1940)2MLJ89
Stodart, J.1. The appellant has been convicted of murdering Palaniammal, his concubine, a woman of thirty years and sentenced to death subject to the confirmation of this Court. There can be no doubt about the facts of this case. The parties are Adi-Dravidas. The accused was a married man and he had been keeping the deceased as his concubine for a considerable time. P.W. 2 his wife, lived with her parents in a house adjoining that in which the accused and the deceased lived. Some four or five months before the crime, the accused and his wife removed to another residence, namely, a shed in a garden belonging to P.W. 3. This removal was in order to put a stop to the scandal of the accused living with his concubine while the accused's wife lived in a separate house. But ever after this change of residence, the deceased used to visit the accused and even to spend the night with him in the new house. The accused's parents tried to put a stop to this conduct and complained to the owner of th...
M. Venkatachariar Vs. Moulvi Mahammad Faizuddeen Sahib Bahadur, by Age ...
Court: Chennai
Decided on: Oct-17-1939
Reported in: (1940)2MLJ374
Horwill, J.1. The petitioner's suit was decreed ex parte and the respondent put in an application under Order 9, Rule 13 of the Code of Civil Procedure, to set aside the ex parte decree. A conditional order was passed setting aside the ex parte decree if the respondent deposited a certain sum of money within a prescribed time. The condition was not fulfilled and so the petition was dismissed. No appeal was preferred against that order; but a petition was filed purporting to be under Order 9, Rule 9 and Section 151, Civil Procedure Code, to restore the earlier petition which had been dismissed for non-fulfilment of the condition. The District Munsif considered the application on its merits and came to the conclusion that the respondent did not show sufficient cause for re-opening the earlier application. He accordingly dismissed it. An appeal against this later order was preferred to the District Court, Chittoor. No question as to the maintainability of the appeal seems to have been rai...
M. Venkatachariar Vs. Moulvi Mahammad Faizudeen Sahib Bahadur by Agent ...
Court: Chennai
Decided on: Oct-17-1939
Reported in: AIR1941Mad17
ORDERHorwill, J.1. The petitioner's suit was decreed ex parte and the respondent put in an application under Order 9, Rule 13, Civil P.C., to set aside the ex parte decree. A conditional order was passed setting aside the ex parte decree if the respondent deposited a certain sum of money within a prescribed time. The condition was not fulfilled and so the petition was dismissed. No appeal was preferred against that order; but a petition was filed purporting to be under Order 9, Rule 9 and Section 151, Civil P.C., to restore the earlier petition which had been dismissed for non-fulfilment of the condition. The District Munsif considered the application on its merits and came to the conclusion that the respondent did not show sufficient cause for re-opening the earlier application. He accordingly dismissed it. An appeal against this later order was preferred to the District Court, Chittoor. No question as to the maintainability of the appeal seems to have been raised and the learned Dist...
Jupalli Narasimha Nayanim Varu Vs. Rao Bahadur K. Venkatarama Naidu Ga ...
Court: Chennai
Decided on: Oct-16-1939
Reported in: AIR1940Mad235; (1939)2MLJ791
Mockett, J.1. The petitioner is an agriculturist. He owed no rent for fasli 1345 or for any previous fasli but he did on the 3rd December, 1938, owe for faslis 1346 and 1347. On that date he made a payment declaring it to be in respect of fasli 1346 (Section 64 of the Madras Estates Land Act). The respondent sought to bring the property to sale in respect of fasli 1347 before the Special Deputy Collector. The petitioner claimed that, notwithstanding his declaration, the rent should be credited to fasli 1347 under Section 15(3) of Act IV of 1938. The petition was rejected by the Special Deputy Collector. I think his order was right. Section 15(3) no doubt exempts from consideration any agreement or any payment under Section 64 of the Madras Estates Land Act and exacts that ' any payment of rent made by a tenant after the commencement of this Act shall be credited towards the rent due by him for fasli 1347.' But Sub-section (3) is necessarily part of the main Section 15 and the proviso t...
Akki Dodda Basappa Vs. Akki Mallamma and anr.
Court: Chennai
Decided on: Oct-16-1939
Reported in: AIR1940Mad458; (1940)1MLJ204
Venkataramana Rao, J.1. This is an appeal from the decree of the learned District Judge of Bellary dismissing the plaintiff's suit for a declaration that the decree passed in O.S. No. 3 of 1928 on the file of the Sub-Court of Bellary against himself and the second defendant in favour of the first defendant is not (sic) on him. The facts are few and (sic) in dispute. The first defendant's husband died in or about 1918 leaving him surviving the first defendant, the second defendant his son by the first wife and the plaintiff his brother. On the date of his death the first defendant's husband was a member of an undivided family consisting of himself, the plaintiff and the second defendant. In 1928 the first defendant filed a suit for maintenance and residence against the plaintiff and the second defendant and obtained a decree on 23rd January, 1929, by which the plaintiff and the second defendant were directed to pay maintenance at the rate of Rs. 40 per month and arrears of maintenance a...
Nallapareddi Annapoornamma Vs. Pelleti Veeraraghava Reddi and ors.
Court: Chennai
Decided on: Oct-16-1939
Reported in: AIR1940Mad547; (1940)1MLJ608
Pandrang Row, J.1. These four connected appeals arise out of two suits for maintenance filed by two widows belonging to the same composite family. Appeals Nos. 156 and 191 are by the plaintiffs in the suits and the other two appeals are by defendants 1 to 7. The suits were for maintenance including arrears of maintenance and also for recovery of jewels or their value and for provision for residence. The claim in both cases was for maintenance and arrears at the rate of Rs. 300 a month and Rs. 5,000 each in lieu of provision for residence. The value of the stridhanam jewels that were claimed was Rs. 6,700 and odd in one case and in the other Rs. 8,700. The suits were tried together and disposed of by one and the same judgment dated 12th October, 1935, the suits having been actually instituted in 1929. The Subordinate Judge of Nellore who decided both these suits gave a decree in each case for Rs. 100 a month as maintenance and arrears of maintenance and Rs. 2,500 as provision for reside...
Pr. N. Sm. Chokkalingam Chettiar Vs. the Official Assignee of Madras
Court: Chennai
Decided on: Oct-16-1939
Reported in: AIR1940Mad837; (1940)2MLJ621
Venkataramana Rao, J.1. These two connected appeals are against the order of our learned brother Wadsworth, J., on the application made by Pr. N. Sm. Chokkalingara Chettiar the appellant in O.S.A. No. 68 of 1937 to recover a sum of Rs. 1,61,127 and 22 cents and interest thereon less a sum of Rs. 47,573 and 80 cents from and out of the estate of the insolvents in the hands of the Official Assignee of Madras. The learned Judge allowed the said Chokkalingam Chettiar to prove the balance of. his debt as claimed by him subject to certain limitations specified in para. 2 of the order disallowing all claims to priority in respect of any portion - of the assets in the hands of the Official1 Assignee. O.S.A. No. 68 of 1937 is by the said Chokkalingam Chetti against the order in so far as it disallowed his claim to priority and O.S.A. No. 82 of 1937 is by the Official Assignee against the order allowing the said Chokkalingam Chetti to prove the claim in the insolvency. Before dealing with the co...
Rowthmall Neopani Through their Representative Ladhuram Purohit Vs. Na ...
Court: Chennai
Decided on: Oct-13-1939
Reported in: AIR1940Mad179; (1940)1MLJ107
Burn, J.1. These are appeals preferred from the orders passed by the learned District Judge of Guntur on I.A. No. 73 and I.A. No. 85 of 1939 in O.P. No. 266 of 1936 on the file of the High Court, Madras. The original petition was for the winding up of the Guntur Cotton, Jute and Paper Mills Co., Ltd., and it was filed in the High Court on the 2nd October, 1936, and the winding up order was passed on the 17th December, 1936. The subsequent proceedings in liquidation were transferred to the District Court, Guntur.2. It is not necessary, I think, to state again in detail all the facts which have been fully set forth in the order of the learned District Judge. Put quite briefly the position is as follows. On the 15th February, 1938, the District Judge gave permission to the Official Liquidator to sell the entire property belonging to the Guntur Cotton, Jute and Paper Mills Company Ltd. The permission was coupled with a condition that the sale should be for not less than Rs. 80,000. On the ...
Tholpetti Koloor Kalappan Shetti's son Mondan Shetti Vs. Ammani Nanchu ...
Court: Chennai
Decided on: Oct-13-1939
Reported in: (1939)2MLJ882
Wadsworth, J.1. This appeal arises out of a suit for maintenance. The appellant (the husband) raises the contention that his marriage with the first plaintiff is invalid because the first plaintiff was pregnant at the time of her marriage; consequently her daughter the second plaintiff must be deemed to be an illegitimate child.2. The lower appellate Court has found as a fact that the first plaintiff was pregnant at the time of her marriage, that she was pregnant by the defendant himself and that the marriage was none the less valid, the parties being Sudras. It seems to me not quite clear whether in fact the parties, who belong to the caste known as Edanatan Shettis, are Sudras or Vaisyas, strictly speaking. But I am of opinion that this question has no bearing on the point to be decided. The learned District Munsif propounded 'a rule, for which he quotes no authority, that one of the essential conditions of a valid Hindu marriage is that the bride should be a virgin. The learned Dist...
Mandan Shetti Vs. Thimmi Avva and anr.
Court: Chennai
Decided on: Oct-13-1939
Reported in: AIR1940Mad135
Wadsworth, J.1. This appeal arises out of a suit for maintenance. The appellant (the husband) raises the contention that his marriage with plaintiff 1 is invalid because plaintiff 1 was pregnant at the time of her marriage; consequently, her daughter, plaintiff 2, must be deemed to be an illegitimate child. The lower Appellate Court has found as a fact that plaintiff 1 was pregnant at the time of her marriage, that she was pregnant by the defendant himself and that the marriage was nonetheless valid, the parties being Sudras. It seems to me not quite clear whether in fact the parties, who belong to the caste known as Edanatan Shettis, are Sudras or Vaisyas, strictly speaking. But I am of opinion that this question has no bearing on the point to be decided. The learned District Munsif propounded a rule, for which he quotes no authority, that one of the essential conditions of a valid Hindu marriage is that the bride should be a virgin. The learned District Judge says that there is no ob...
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