Chennai Court April 1941 Judgments
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Thadi Murali Mohana Reddi, Minor by Guardian, Sabbella Rami Reddi and ...
Court: Chennai
Decided on: Apr-30-1941
Reported in: AIR1941Mad772; (1941)2MLJ311
ORDERAlfred Henry Lionel Leach, C.J.1. The question which the Court is called upon to answer in this case is whether a Hindu father who has been adjudicated an insolvent, can by reason of the acknowledgment of indebtedness embodied in the schedule filed by him in the insolvency proceedings extend the period of limitation against his sons who have separated from him since the debts were incurred, the debts not having been incurred for any illegal or immoral purpose.2. The first and second respondents filed a suit in the Court of the Subordinate Judge of Cocanada to recover a sum of Rs. 17,909-7-9 claimed to be due on four promissory notes executed by the father of the appellants. The promissory notes are dated the 10th May, the 12th June, the 18th August 1929 and the 31st May, 1930 respectively. When they were executed the first appellant was joint with his father. The second appellant had not then been born. On the 2nd November, 1931 the first appellant brought a suit for the partition...
The Dhanalakshmi Weaving Works Vs. Hajee Mohammad Abdul Azeez Sahib
Court: Chennai
Decided on: Apr-30-1941
Reported in: AIR1942Mad179; (1941)2MLJ435
Venkataramana Rao, J.1. This appeal arises out of a suit filed by the plaintiff for restraining the defendants from using the trade name 'Diamond' or any other colourable imitation of that word in relation to cotton shirtings manufactured and sold by the second defendant. The learned City Civil Judge decreed the suit in favour of the plaintiff and it is against this decision the second defendant has preferred this appeal.2. The finding of the lower Court is that the word 'Diamond' has become associated in the public mind with the cotton twill shirtings which the plaintiff was dealing in since the last 13 years. This finding has been canvassed by Mr. Ramakrishna Aiyar on behalf of the appellant but the evidence justifies the finding. The evidence of the plaintiff's witnesses was believed by the learned Judge and I see no reason to differ from his estimate of it. The main defence is that the plaintiff has no doubt been using the word 'Diamond' with reference to twill shirtings but it is ...
Vasantam Venkayya Vs. Vasantam Raghavamma
Court: Chennai
Decided on: Apr-29-1941
Reported in: AIR1942Mad1; (1941)2MLJ263
Alfred Henry Lionel Leach, C.J.1. This appeal raises the question whether a wife who has obtained a decree for maintenance can enforce it after having cohabited with her husband. The appellant is the husband of the respondent. In 1930 the respondent instituted a suit in the Court of the District Munsif of Bapatla for a decree for maintenance. She alleged that her husband had so illtreated her that she was unable to live with him. On the 23rd June, 1930, by consent a decree was passed in her favour for Rs. 120 per annum. Shortly after this decree had been passed the parties decided that they could live together happily and the wife returned to the husband. They lived together for several years. According to the appellant the second separation did not take place until the 24th August, 1937, but according to the respondent, it took place on the 15th July, 1935. Admittedly they lived together for over five years and during this period the respondent bore a son to her husband. On the 2nd Ma...
The Public Prosecutor Vs. Jevan and ors.
Court: Chennai
Decided on: Apr-29-1941
Reported in: AIR1941Mad845; (1941)2MLJ349
Lakshmana Rao, J.1. These are appeals by the Provincial Government against the orders of acquittal of the respondents of an offence under Section 123 (1) of the Motor Vehicles Act.2. The respondents are drivers of transport vehicles and they were prosecuted under Section 123 (1) of the Motor Vehicles Act for driving the vehicles on the public road without a permit authorising the use of the vehicles in a public place. They pleaded that it was the duty of the owner to obtain the permit and accepting their plea the Sub-Magistrate acquitted them.3. The alleged driving of the transport vehicles on the public road without a permit authorising the use of the vehicles in a public place was not denied by the respondents, and so far as is material, Section 42 (1) of the Motor Vehicles Act provides that no owner of a transport vehicle shall use or permit the use of the vehicle in any public place save in accordance with the conditions of a permit authorising the use of the vehicle in that place....
In Re: Karichiappa Goundan
Court: Chennai
Decided on: Apr-25-1941
Reported in: AIR1942Mad285
Mockett, J.1. The appellant has been convicted of the offence of rape under Section 376, Penal Code. The woman on whom he is alleged to have committed rape is named Subbammal. She lived at a village Poovanallur which is nine miles from Kangeyam and the offence is said to have been committed on 9th December 1940 at lamp-lighting time, which may approximately be said to be about 6 o'clock. The allegation is that Subbammal had gone to Kangeyam where the shandy was and was returning in the evening when she was raped by the appellant. The learned Sessions Judge has accepted the case for the prosecution, has taken a very grave view of the offence which, he considered was committed with considerable brutality and sentenced the appellant to rigorous imprisonment for five years and to receive 25 stripes under Section 4, Whipping Act. The occurrence, as I have said, is alleged to have taken place at about, 6 P.M., on 9th December. The first information report reached the police at Kangeyam on th...
M.S. Aiyar and Company by C.R.V. Das and ors. Vs. G. Srinivasalu Naidu
Court: Chennai
Decided on: Apr-24-1941
Reported in: (1941)2MLJ145
ORDERMockett, J.1. The petitioner has been convicted and fined by the Senior Bench Court of Coimbatore for advertising without a licence in Coimbatore in two manners, (1) in his bullock cart and (2) by means of a board hung over his roof. Mr. Bhashyam Aiyangar argues that the conviction is without jurisdiction because no offence has been committed. That depends on a consideration of the District Municipalities Act. There is an express provision in the Madras City Municipal Act, Section 129-A. which was introduced by the Amending Act X of 1936 making-special provision for taxing advertisements but the only provision with regard to advertisements to be found in the District Municipalities Act is Section 306, Clause (28). Section 306 says:The council may make by-laws not inconsistent with this Act or with any other law to provide (28) for the prohibition and regulation of advertisements in public streets or parks.2. This section is in the same words as Section 349 (28) of the Madras City ...
Sha Moolchand Kesarimull by Its Partner Mita Lal Vs. Associated Agenci ...
Court: Chennai
Decided on: Apr-24-1941
Reported in: AIR1942Mad139; (1941)2MLJ281
Alfred Henry Lionel Leach, C.J.1. The appellant sued on the Original Side of this Court to recover a sum of Rs. 7,920 claimed as damages for breach of contract. The appellant also asked for an order directing specific performance of part of the contract and put his claim for damages hare in the alternative. The nature of the contract, however, precludes any decree for specific performance being granted and the claim for damages alone calls for consideration. Mr. Justice Gentle who tried the suit came to the conclusion that there had been no breach of the contract by the respondents, but the appellant himself had broken it.2. The contract is partly type-written and partly printed and is dated the 5th July, 1939. A printed form commonly used by the respondents, who are a firm of merchants carrying on business in Madras was used, but the main provisions were inserted by means of a type-writer at the beginning of the document. By the type-written portion, the appellant agreed to buy and th...
S.A. Ramanatha Sastrigal Vs. Koladi Krishna Menon
Court: Chennai
Decided on: Apr-24-1941
Reported in: AIR1942Mad70; (1941)2MLJ514
Alfred Henry Lionel Leach, C.J.1. These civil miscellaneous petitions can be dealt with conveniently in one judgment. In C.M.P. No. 3026 of 1939 the petitioner asks that he be granted leave to appeal to the Federal Court against the order passed by this Court in C. R.P. No. 1603 of 1938. In C.M.P. No. 3028 of 1939 he asks for leave to appeal to the Federal Court against the order of this Court in C. R. P. No. 1604 of 1938. In C. M. Ps. Nos. 3027 and 3029 of 1939 the petitioner asks for orders dispensing with deposits for printing charges and directing the office to issue bills setting out the amounts of the printing charges. His learned advocate has indicated that he is prepared to pay the bills at once. In C.M.P. No. 3030 of 1939 the petitioner asks for an order consolidating the proposed appeals to the Federal Court.2. The petitioner filed two suits against the respondent in the Court of the Subordinate Judge of Ottapalam to recover amounts claimed to be due on promissory notes. The ...
M.S. Ayyar and Co. by C.R.V. Das and ors. Vs. G. Srinivasalu Naidu
Court: Chennai
Decided on: Apr-24-1941
Reported in: AIR1941Mad749
ORDERMockett, J.1. Criminal R.C. No. 1100 of 1940. - The petitioner has been convicted and fined by the Senior Bench Court of Coimbatore for advertising without a license in Coimbatore in two manners, (1) in his bullock cart and (2) by means of a board hung over his roof. Mr. Bhashyam Ayyangar argues that the conviction is without jurisdiction because no offence has been committed. That depends on a consideration of the District Municipalities Act. There is an express provision in the Madras City Municipal Act, Section 129A, which was introduced by the amending Act 10 of 1936 making special provisions for taxing advertisements but the only provision with regard to advertise, ments to be found in the District Municipalities Act is Section 306, Clause 28. Section 306 says:The Council may make by-laws not inconsistent with this Act or with any other law to provide... (28) for the prohibition and regulation of advertisements in public streets and parks.2. This section is in the same words ...
In Re: Nadimpalli Bangaruraju and ors.
Court: Chennai
Decided on: Apr-22-1941
Reported in: AIR1942Mad58
Horwill, J.1. The eleven appellants have been sentenced to death by the Sessions Judge of Rajahmundry for having committed the murder of six persons by stabbing them to death on 21st May 1940. They have also all been convicted of rioting and sentenced to one year's rigorous imprisonment under Section 148, Penal Code. Appellants 3,6,10 and 11 were further found guilty under Section 324, Penal Code, of causing hurt to P.W. 5 with dangerous weapons and sentenced each to six months rigorous imprisonment. The fight between the appellants on the one hand and the deceased persons on the other, arose out of a dispute with regard to the cultivation of a plot of land named Malayya Pampu, which belongs to P.W. 14 and his brother. It seems fairly clear from the evidence of P.Ws. 14, 13 and 5 that accused 2 and 7 had been the tenants of P.W. 14 for many years and that for most of this time they had paid no rent. P.W. 14, unable to collect any rent, adopted the plan, not at all uncommon, of trying t...
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