Chennai Court April 1940 Judgments
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C. Thiruvengada Mudaliar Vs. M. Rajabadar Mudaliar and ors.
Court: Chennai
Decided on: Apr-02-1940
Reported in: AIR1940Mad823; (1940)2MLJ5
King, J.1. These appeals are concerned with the affairs of the Sri Thiruvateeswarar Devasthanam in Madras. It is common ground that it has been the usual custom for two trustees or Dharmakartas to be in joint management of those affairs. They are appointed under Act XX of 1863 by the Madras Hindu Devasthanam Committee, and are subject to whatever control is given to the Committee by that Act. Appellant was thus appointed in 1929. In 1934 appellant's colleague died, and his vacancy was finally filled up by the appointment of one M.N. Rajabathar Mudaliar (hereinafter to be referred to as respondent 2) on 18th November, 1935, the appointment being expressly limited to a period of three years. On 27th November, respondent 2 informed appellant that he proposed to take charge of his office at the temple the next morning. Appellant refused however to recognise the validity of respondent 2's appointment on the ground that a trustee could be appointed only for life and. so did not permit respon...
B.N. Chowdappa Chetti Vs. President, Panchayat Board
Court: Chennai
Decided on: Apr-02-1940
Reported in: AIR1941Mad24; (1940)2MLJ1
ORDERAlfred Henry Lionel Leach, C.J.1. Since the year 1930 the petitioner has been carrying on a rice milling business at Karimangalam in premises which had been used for the same purpose from 1920 to 1930 by his brother. By virtue of the provisions of Section 193 of the Madras Local Boards Act, 1930, the Panchayat Board of Karimangalam was empowered to require the petitioner to take out a license in respect of the premises. Licenses were issued to the petitioner from year to year but in 1939 the Board refused a further renewal. The petitioner says that in doing so the Board has acted in excess of its powers and asks that its order be quashed.2. Sub-Section (1) of Section 193 states that the Panchayat Board may notify that no place within the limits of the village shall be used for any one or more of the purposes specified in Schedule VII without a license issued by the President of the Board and except in accordance with the conditions specified in the license, provided that no notifi...
V.S. Narasimha Ayyar Vs. Allu Krishna Ayyar and ors.
Court: Chennai
Decided on: Apr-01-1940
Reported in: (1940)2MLJ11
Pandrang Row, J.1. The short point that arises in this appeal is whether there was negligence on the part of the appellant which caused the fire on the 12th October, 1925 which burnt down in part the house belonging to the plaintiffs and in the occupation of the defendants. There can be no doubt and the fact is indeed admitted that the house was being used as a dyeing factory and that large quantities of chemicals and mordanted yarn, that is, yarn in the process of beingdyed, were being stored in different parts of the building. It is clear from the evidence that these articles are liable to spontaneous combustion, and in particular the mordanted yarn. The case of the defendants was that there were watchmen emplqyed to guard against fire and that the usual precautions were taken. The evidence, however, adduced in support of this contention was disbelieved by the Court below and after going through the evidence we see no reason to come to a different conclusion. Only one of the two watc...
In Re: Abdul Basha Sahib
Court: Chennai
Decided on: Apr-01-1940
Reported in: AIR1941Mad316
Burn, J.1. On the morning of 13th October 1939, an Adi Dravida named Mandan (P.W. 9) who lives in Poonamallee found a corpse floating in a well called Mangadu Mudaliar's well. He saw a crowd of people searching in a neighbouring well and he told them what he had seen. Amongst that crowd was Mahadeva Chettiar (P.W. 8). He and the other people with him were looking for his mother Kanniammal who had left home the previous evening at about 6-30 to deliver some oil at the house of one Abdul Wahab Sahib and had not returned. P.W. 8 had reported the disappearance of his mother at the police station in Poonamallee at 1-10 A.M. on the 13th {vide Ex. P) and had requested the police to make enquiries about her disappearance. He mentioned there that his mother was in the habit of wearing valuable jewels consisting of a gold chain made out of twenty sovereigns, gold bangles and kammals set with red stones. P.W. 8, on hearing what P.W. 9 had discovered, went to the well of Mangadu Mudaliar and saw t...
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