Chennai Court November 1939 Judgments
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In Re: Indian Companies Act Vii of 1913;
Court: Chennai
Decided on: Nov-09-1939
Reported in: (1940)1MLJ115
ORDERVenkataramana Rao, J.1. This is an application by one Veerappa Chettiar claiming a set off of the amounts due and payable by the Bank in respect of Fixed Deposit Receipt No. 64/38 dated 6th March, 1938, in the accounts of its branch office at Karaikudi for Rs. 7500 in the name of himself and his mother Visalakshi Achi payable to either or survivor and four cash certificates of the total value of Rs. 2071-8-0 against a sum of Rs. 10,087-15-9 owing by him to the Bank on overdraft account. Mr. Sitarama Rao, his learned Counsel has not chosen to press his claim in regard to the cash certificates.2. Therefore the only question that has to be considered is that relating to the amount covered by the Fixed Deposit receipt. It is the case of the applicant that the said sum solely belongs to him and his mother Visalakshi has no interest therein and that her name was included at the time of the original deposit in 1937 as the applicant was then in failing health. The Official Liquidators opp...
Mattapalli Appa Rao Vs. Ch. Ramamurthi and ors.
Court: Chennai
Decided on: Nov-09-1939
Reported in: AIR1940Mad675; (1940)1MLJ334
Kunhi Raman, J.1. This Civil Revision Petition arises out of certain insolvency proceedings pending in the Court of the learned Subordinate Judge of Cocanada (I.A. No. 204 of 1937 in I.P. No. 29 of 1932). The petitioner was adjudged insolvent and all his properties became vested in the Official Receiver of East Godavari. On an application made by the petitioner under Section 66(2) of the Provincial Insolvency Act, it is stated that a monthly allowance of Rs. 50 out of the estate has been made in his favour by the learned Subordinate Judge. While this order was in force, the petitioner presented another application for an allotment of Rs. 4,000 to be made for celebrating the marriage of his daughter who had just attained the age of 14 years. It was conceded in the Subordinate Judge's Court that this amount included a sum of Rs. 2,000 which petitioner wanted for 'katnam' (dowry). The balance of Rs. 2,000 was claimed by him for meeting the actual expenses of the marriage. The learned Subo...
Eswara Krishna Aiyar and anr. Vs. Mariya Susai Reddiar and ors.
Court: Chennai
Decided on: Nov-09-1939
Reported in: AIR1940Mad498; (1940)2MLJ1003
Venkataramana Rao, J.1. This is an appeal from the judgment of the learned District Judge of South Arcot in a suit to enforce a mortgage dated 29th November, 1919, executed by defendants 1 to 3 in favour of the fifth defendant. This deed of mortgage Ex. A was assigned by a deed of assignment Ex. C dated 9th January, 1932, in favour of the third plaintiff who was a benamidar for plaintiffs 1 and 2. The fourth, defendant is the son of the first defendant the sixth defendant is the fifth defendant's wife; the seventh defendant is the undivided son of the fifth defendant; and the eighth defendant is a purchaser in Court auction of the suit properties in execution of a money decree against defendants 1 and 2 subsequent to the date of the mortgage. The ninth defendant, is the Official Receiver who was added as a party since the date of the suit as the representative of the first defendant who was adjudged an insolvent. The sum sought to be recovered in the suit was Rs. 20,000 which is the am...
S.K. Panikar Vs. the Travancore National and Quilon Bank Ltd. by Its O ...
Court: Chennai
Decided on: Nov-09-1939
Reported in: (1942)1MLJ161
Venkataramana Rao, J.1. This is an application for leave to set off the amount standing to the credit of the applicant in the current and savings bank either or survivor account in the name of the applicant and his wife Gowrikutti Amma in the Calcutta Branch of the Travancore National and Quilon Bank, Ltd., against the loan due and payable by the applicant to the bank. The amount due by him to the bank is a sum of Rs. 2,000 and there is a sum Es. 1,100 to his credit in the current and savings bank account of the bank. In his affidavit the applicant alleges that he opened a current and savings bank account about April, 1937 in the Calcutta Branch of the bank in his name and in the name of his wife Gowri Amma on either or survivor account and deposited some amount, that the money deposited belonged to him, that under his instructions the Chief Auditor, B. N. Railway, Calcutta was forwarding his salary every month to be credited to the said account and that the amount now standing to his ...
A.S.S.R. St. Veerappa Chettiar Vs. J.V. Pirrie and anr.
Court: Chennai
Decided on: Nov-09-1939
Reported in: AIR1940Mad436
ORDERVenkataramana Rao, J.1. This is an application by one Veerappa Chettiar claiming a set-off of the amounts due and payable by the Bank in respect of Fixed Deposit Receipt No. 64/38 dated 6th March 1938 in the accounts of its branch office at Karaikudi for Rs. 7500 in the name of himself and his mother 'Visalakshi Achi payable to either or survivor and four cash certificates of the total value of Rs. 2071-8-0 against a sum of Rs. 10,087-15-9 owing by him to the Bank on overdraft account. Mr. Sitarama Rao, his learned Counsel, has not chosen to press his claim in regard to the cash certificates.2. Therefore the only question that has to be considered is that relating to the amount covered by the fixed deposit receipt. It is the case of the applicant that the said sum solely belongs to him and his mother Visalakshi has no interest therein and that her name was included at the time of the original deposit in 1937 as the applicant was then in failing health. The Official Liquidators opp...
Meenakshi Ammal and anr. Vs. Murugayya Mooppanar
Court: Chennai
Decided on: Nov-08-1939
Reported in: AIR1940Mad463; (1940)1MLJ288
Alfred Henry Lionel Leach, C.J.1. The question raised in this appeal is whether the illegitimate daughters of a Hindu woman are entitled to succeed to the stridhanamoi their mother's mother, the family being governed by the ordinary Hindu Law and not by rules based on custom as in the case of dancing girls. The appellants are the illegitimate 'daughters of one Dharmu Ammal, who died on the 27th April, 1921. Dharmu Ammal was the legitimate daughter of one Murugayi Ammal, who left stri-dhanam property. The appellants' claim that under Hindu Law they are the nearest heirs of Murugayi, who was also survived by Venkatachalam Chetti, the grandson of her sister. It is common ground that if the appellants are not heirs of Murugayi the person entitled to the property is Venkatachalam.2. The suit out of which this appeal arises was filed by the appellants in the Court of the District Munsif of Tiruvadi with the object of setting aside an alienation of immovable property forming part of Murugayi'...
P.R. Govindaswami Naicker Vs. Pukhraj Sowcar and anr.
Court: Chennai
Decided on: Nov-08-1939
Reported in: (1940)2MLJ281
Horwill, J.1. The appellant in Civil Miscellaneous Appeal No. 21, who is also the petitioner in Civil Revision Petition No. 127, brought a suit for a permanent injunction restraining the second mortgagee, the first defendant, from bringing the suit property to sale without the intervention of Court in accordance with the terms of the mortgage bond, on the ground that he was an agriculturist, that the debt had to be scaled down, and that until that was done the property could not properly be brought to sale. An application was also put in for a temporary injunction during the pendency of the suit. The first defendant contended that an injunction could not properly be granted and that the remedy of the mortgagor was by way of an application under Section 69 of the Transfer of Property Act. This contention met with approval in the trial Court; but this Court held in appeal that the appellant (petitioner) had a right to have his debt scaled down and to be protected from having his property...
Ramamurthy Vs. Nandi Ramulamma
Court: Chennai
Decided on: Nov-08-1939
Reported in: AIR1940Mad558
Burn, J.1. The hearing of this appeal has involved a grievous waste of the time of two Judges of this Court. There are no merits in the appeal as there were none in the suit. The suit was based upon an extraordinary claim. It was alleged that the plaintiff's grandmother had 'absolute rights of scavenging' in about 230 houses in the 16th Division of the City of Madras and that under her will which was dated 25th August 1926 she had bequeathed the said right to the minor plaintiff, her grandson. It was alleged that the plaintiff's grandmother had borrowed Rs. 350 and Rs. 200 in October 1931 from the defendant Ramulamma and her brother now deceased on promissory notes. It was alleged that 'under an arrangement' - the plaintiff carefully refrained from mentioning who were the parties to the arrangement - the defendant should do the scavenging work of 198 houses out of the 230 yielding an income of Rs. 90 per mensem, that the defendant was to appropriate Rs. 45 out of the Rs. 90 for payment...
In Re: Vitta Venkatasubbarayudu
Court: Chennai
Decided on: Nov-07-1939
Reported in: AIR1941Mad41
ORDERLakshmana Rao, J.1. The crop was raised by the lessee of the petitioner after the court sale and delivery of the crop was not ordered by Court. The removal of the crop cannot therefore be said to be dishonest, and the conviction of the petitioner under Section 379, I.P.C., is unsustainable. It is therefore set aside and the fine if levied will be refunded....
In Re: Kattameedi Chenna Reddi and anr.
Court: Chennai
Decided on: Nov-07-1939
Reported in: AIR1940Mad710
Mockett, J.1. Accused 1 and 2 together with one Guddi Peeran were charged before the learned Sessions Judge of Cuddappah with the murder on 12th March 1939 of a woman Golla Nagamma. Guddi Peeran who was accused 3 was acquitted; accused 1 and 2 were convicted and sentenced to death and they now appeal. The plan Ex. P indicates roughly the scene of Nagamma's death. She lives at Venkatapuram which is 2i miles from Prodattur. On the 12th March, some time before midday, she was alivE.P.W. 3, her husband, said that she gave him his food before he left for Prodattur, and P.W. 2, her sister, was with her in her house on that morning. Some time after noon she was found dead, having been throttled. There is no doubt whatever that she met her death at about midday on the 12th. No cross-examination was addressed to her sister, P.W. 2, or to her husband, P.W. 3, to suggest that the deceased had in fact met her death long before noon on the 12th, even so early as late on the previous night. This asp...
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