Chennai Court November 1940 Judgments
Gadamsetti Peddi Subbarayadu and anr. Vs. Lingam Yella Somayya, Minor ...
Court: Chennai
Decided on: Nov-29-1940
Reported in: AIR1941Mad491; (1941)1MLJ304
King, J.1. This appeal must succeed on all points. It is not disputed that appellants are agriculturists and debtors within the meaning of the Madras Act IV of 1938 see Periaswami Chettiar v. Ramswami Goundan : AIR1941Mad113 It is argued however for the 1st respondent that inasmuch as plaintiff's mortgage debt which the appellants, are liable to pay as puisne mortgagees is also payable by first defendant as the mortgagor and first defendant has become insolvent, by Section 21 of the Act, the debt cannot be scaled down. We are unable to accept this argument. We think that good reasons are given in the judgment of Wadsworth, J., Suryanarayana v. Ramamma : AIR1940Mad808 , for holding that though this is a debt payable by two persons, the section does not apply when the claim of the debtor who is not an insolvent. is being considered. The appeal will therefore be allowed and plaintiff's decree scaled down in accordance with the provisions of the Act. The parties will give and take proporti...
Tag this Judgment!The President, Pakkam Panchayat Board Vs. Munuswami Reddy
Court: Chennai
Decided on: Nov-29-1940
Reported in: AIR1941Mad614; (1941)1MLJ720
ORDERLakshmana Rao, J.1. The Sub-Magistrate has in effect found the accused guilty of the offence under Section 207 of the Madras Local Boards Act and the acquittal of the accused on the ground that the result of his objection petition was not communicated to him is unsustainable. The acquittal is therefore set aside and there will be a re-trial of the accused in accordance with law....
Tag this Judgment!V. Panchapakesa Aiyar Vs. the Secretary of State for India in Council ...
Court: Chennai
Decided on: Nov-28-1940
Reported in: (1941)1MLJ310
Alfred Henry Lionel Leach, C.J.1. The appellant was the unsuccessful candidate at a bye-election for the Governor's Legislative Council held on the 10th March, 1930. He secured 1618 votes against 11,299 valid votes cast for his opponent. The total number of votes was 13,373, but 456 votes were found to be invalid. Under Rule 12 (1) of the Madras Electoral Rules, framed under Sections 72-A and 129-A of the Government of India Act (the Act of 1915) a candidate is required to deposit with the Returning Officer the sum of Rs. 250 in cash or in Government promissory notes. Under Sub-rule (3), if a candidate is not elected and the number of votes polled by him does not exceed in the case of a constituency returning one or two members one-eighth of the total number of votes polled, or in the case of a constituency returning more than two members, one-eighth of the number of votes polled divided by the number of members to be elected the deposit shall be forfeited to the Government. Sub-rule (...
Tag this Judgment!A.V. Viswanatha Sastri and ors. Vs. A.R. Murugappa Chetti and anr.
Court: Chennai
Decided on: Nov-28-1940
Reported in: AIR1941Mad682; (1941)2MLJ115
Alfred Henry Lionel Leach, C.J.1. The appellants instituted the suit out of which this appeal arises in the City Civil Court for a decree for the ejectment of the respondents from premises situate in Mottai Gardens, Washermanpet, Madras. The respondents claimed that they were tenants within the meaning of the Madras City Tenants' Protection Act, 1921 and that the suit could not be maintained as the notice required by Section 11 of the Act had not been given. The City Civil Court Judge held that the Act did not apply and decreed the suit. On appeal to this Court Pandrang Row, J., held that the Act did apply and that the plea raised by the respondents was a valid one. Accordingly he allowed the appeal and dismissed the suit with costs. The appellants have preferred the present appeal from the decision of Pandrang Row, J.2. In order to appreciate the contentions of the respective parties it is necessary to refer in some detail to the facts. The third appellant is a lessee from the first a...
Tag this Judgment!In Re: Marudamuthu Pillai
Court: Chennai
Decided on: Nov-28-1940
Reported in: AIR1941Mad853
Lakshmana Rao, J.1. The appellant has been convicted under Sections 409, 467 and 471, Penal Code, and sentenced to rigorous imprisonment for four years for each of the offences, the sentences being directed to run concur. rently. He has also been fined Es. 2000 with rigorous imprisonment for one year in default and the fine, if levied, has been ordered to be paid to P.W. l. Notice was issued to r, w. 1 and she does not appear. The appellant was the secretary of the Mahalakshmi Bank, Coimbatore, and he was in charge of the cash and securities of the bank. The ' opening balance on 27th August 1938 was Es. 2099 according to the accounts, and the fixed deposit of P.W. 1 for Es. 2450 matured that day. She applied for payment and the appellant asked her to return ten days later, saying that the funds were insufficient. She got nothing in spite of several visits thereafter, and the bank went into liquidation. It was then discovered that there were ample funds on hand on 27th August, and they ...
Tag this Judgment!R.M.P.R.M.M. Subramanian Chettiar by His Power-of-attorney Agent M.S. ...
Court: Chennai
Decided on: Nov-27-1940
Reported in: (1941)2MLJ212
Alfred Henry Lionel Leach, C.J.1. This application arises out of insolvency proceedings in the Court of the Subordinate Judge of Tanjore. On the 27th October, 1931 V. Ry. Badranandaji alias Vasudeva Sahib, was adjudicated an insolvent on his own petition, which had been filed on the 11th March, 1930. The insolvent is a son of an illegitimate son of the late Rajah of Tanjore, and as the result of the suit which came up on appeal to this Court in Maharaja of Kolhapur v. Sundaram Ayyar I.L.R.(1924) Mad. 1, and eventually went to the Privy Council, he became entitled to a considerable share in what is known as the Tanjore Palace Estate. So far as the insolvent is concerned, his share was finally decided by the judgment of this Court, which was delivered on the 21st January, 1924. According to the District Judge of West Tanjore whose order is the subject matter of this application for revision, the insolvent is a man of depraved tastes and has merely led a life of pleasure. It has been esta...
Tag this Judgment!In Re: Ramasami Konar and anr.
Court: Chennai
Decided on: Nov-27-1940
Reported in: AIR1942Mad48
Lakshmana Rao, J.1. The sample was in fact analyzed by the Government Analyst and it was not incumbent on the Magistrate to send it again to the Government Analyst under Section 16, Clause (5), Madras Prevention of Adulteration Act, 1918. There is therefore no ground for interference with the conviction of the petitioners and the sentence of petitioner 1 is not excessive. But petitioner 2 is the ser vant and his fine is excessive. The fine of petitioner 2 is therefore reduced to Rs. 5 and otherwise this petition is dismissed....
Tag this Judgment!The Stock and Share Exchange Bureau, Rawalpindi, by Proprietor, Prof. ...
Court: Chennai
Decided on: Nov-26-1940
Reported in: AIR1941Mad435; (1941)1MLJ319
Krishnaswami Ayyangar, J.1. This is a petition by the defendant in a suit on the file of the Court of Small Causes at Madras to revise an order passed by that Court refusing to set aside an ex parte decree passed against him on the 30th of April, 1938.2. The suit was filed on the 26th of January, 1938 and the first date fixed for hearing was the 2nd of March, 1938. A summons was taken out for service on the defendant with reference to the hearing on the 2nd of March, 1938, but it was not served. The suit was adjourned to the 22nd of March, 1938, for which date a fresh summons was taken out. Unfortunately, this summons was served upon the defendant only on the 29th of March which is, it will be noticed, a week later than the date fixed for hearing. No further summons appears to have been taken out but on the 30th of April, 1938, the suit was taken up and an ex parte decree was passed against the defendant who did not appear on that date. On the 15th of June, 1938, the defendant applied ...
Tag this Judgment!In Re: Sri R.K. Aiyar, Advocate
Court: Chennai
Decided on: Nov-25-1940
Reported in: (1941)1MLJ128
Alfred Henry Lionel Leach, C.J.1. The respondent is an Advocate practising in the Madura District. He has been charged with professional misconduct in that he wrote a letter to a clerk of the Sub-Magistrate of Manaparai in the Trichinopoly District asking in effect that the return of money, jewels and a wrist watch to his clients should be dealt with urgently. They were entitled to the return of the money and the articles. In fact an application had been made to the District Magistrate for an order directing their return and this order had been passed. The letter complained of is dated 18th May, 1938 and is in these terms:My dear brother,I pray that you will be blessed with welfare, riches and good luck. I have herewith enclosed a memo. Yesterday, I have sent a memo. You should immediately send the documents referred to in these two memos to the Treasury Office at Kulittalai (for reference and return); further, I request you much to send me immediately ,the order directing the return o...
Tag this Judgment!In Re: Kadiyala Venkata Satyanarayanamurti
Court: Chennai
Decided on: Nov-25-1940
Reported in: AIR1941Mad413; (1941)1MLJ185
1. The contention in these appeals is that for the purpose of proviso C to Section 3(iii) of Act IV of 1938 the Court can go into evidence not merely as to the correctness of the certificate under Section 27(as was held in Kamakshi Chetti v. Alaganan Chettiar (1940) 2 M.L.J. 468) but also as to the propriety of the assessment on the basis of which the person is to be qualified or disqualified as an agriculturist. We cannot accept this contention. If in fact there has been an assessment at a certain date it is this assessment which must govern the application of the proviso and not some theoretical figure which might have been, but was not, adopted. The appeals are dismissed under Order 41, Rule 11 of the Code of Civil Procedure....
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