Chennai Court August 1941 Judgments
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Kakatur Linga Reddi Vs. Yerabolu Subbarami Reddi and ors.
Court: Chennai
Decided on: Aug-04-1941
Reported in: AIR1942Mad202; (1941)2MLJ1008
Wadsworth, J.1. These two matters both arise out of an application under Section 19 of the Madras Act IV of 1938. The question is as to the effect of Section 4(f) of the Act which excludes from the operation of the Act liabilities of an agriculturist falling under the head of 'any liability arising out of a breach of trust'. The applicant was a surety for the next friend of certain minors who realised a sum of Rs. 6,385 and odd in a suit filed on behalf of the minors and drew this money out of Court on the strength of a security bond given under O.32, Rule 6, Civil Procedure Code, by the present applicant. When the minors came of age they brought a suit against their guardians for an account, claiming this money as money to which they were entitled. In that suit the surety was impleaded and after a decree had been obtained against the guardians, I.A. No. 76 of 1937 was filed to enforce the security bond to the extent of the amount for which the guardians were found liable. The surety f...
The Inspecting Assistant Commissioner of Income-tax Vs. Chotabhai Jave ...
Court: Chennai
Decided on: Aug-01-1941
Reported in: (1941)2MLJ475
ORDERHorwill, J.1. The five accused in the lower Court are partners of a firm of the name of Chotabhai Javerbhai, doing business in yarn and silver; and the sixth accused is the son of the first accused and the power-of-attorney agent of the firm in Madras. The sixth accused submitted an income-tax return showing profits of about Rs. 5,000. P. W. 4, the then Income-tax Officer, upon looking through the accounts of the accused firm, discovered that the figure '1' had been introduced in front of the figures 3180 on the debit side, thus indicating an expenditure of Rs. 10,000 more than if that '1' had not been inserted. This aroused P. W. 4's suspicions, and so he examined the accounts more closely. He then discovered that many fraudulent entries had been made in the accounts and that the profits were at least Rs. 41,672. After a full examination of the accounts he assessed the firm's profits at more than Rs. 65,000, but as an appeal is pending with regard to Rs. 24,000, the case proceede...
Samuel Nadar Vs. Thangayya Nadar
Court: Chennai
Decided on: Aug-01-1941
Reported in: AIR1942Mad104; (1941)2MLJ490
Somayya, J.1. This is an appeal against the decree of the Subordinate Judge of Devakottai in A.S. No. 31 of 1937. The plaintiff (appellant) filed the suit out of which this second appeal arises for dissolution of a partnership which he and the defendant are said to have been carrying on. The business of the partnership consisted in the running of a chit transaction, both the partners acting as stake-holders. The chit was to be conducted for a period of fifty months. Two prizes were to be taken by the stake-holders and the remaining forty-eight were to be open to the other subscribers. The person who offered the lowest bid was given the prize. The suit has been dismissed by the lower appellate Court as barred by limitation.2. The chit started on 13th March, 1924 and the fifty months expired on 14th May, 1928. The present suit was filed on 13th February, 1933. If the adventure or undertaking of carrying on a chit fund was completed by the end of the fiftieth month, then there were was a ...
The Inspecting Assisting Commissioner of Income-tax Vs. Chotabhai Jave ...
Court: Chennai
Decided on: Aug-01-1941
Reported in: AIR1941Mad941; [1941]9ITR604(Mad)
ORDERThe five accused in the lower Court are partners of a firm of the name Chotabhai Javerbhai, doing business in yarn and silver; and the sixth accused is the son of the first accused and the power of attorney agent of the firm in Madras. The sixth accused submitted an income-tax return showing profits of about Rs. 5,000. P.W. 4, the then Income-tax Officer, upon looking thorough the accounts of the accused firm, discovered that the figure 1 had been introduced in front of the figures 3110 on the debit side, thus indicating an expenditure of Rs. 10,000 more than if that 1 had not been inserted. This aroused P.W. 4s suspicions, and so he examined the accounts more closely. He then discovered that many fraudulent entries had been made in the accounts and that the profits were at least Rs. 41,672. After a full examination of the accounts he assessed the firms profits at more than Rs. 65,000; but as an appeal is pending with regard to Rs. 24,000, the case proceeded on the footing that th...
Kota Nagayya Vs. Vanipenta Venkatayya and anr.
Court: Chennai
Decided on: Aug-01-1941
Reported in: AIR1942Mad82
Somayya, J.1. This is an appeal filed by the defendant against the decree of the District Judge of Kurnool passed by him in A.S. No. 123 of 1937. The plaintiffs in the action Venipenta Venkatayya and Chinna Venkatayya are brothers. During their minority, a sale was effected by their mother and guardian in favour of the appellant for a sum of Rs. 300. The vendee was not able to get possession and therefore filed O.S. No. 40 of 1931 on the file of the District Munsif's Court of Markapur for recovery of possession of the property sold to him. The mother was also made a party as defendant 3; the two minors being made defendant 1 and 2. The mother declined to act as the guardian of her minor sons and thereupon their maternal uncle one Obiah was appointed their guardian. It is found that Obiah raised all possible defences to the suit including the question whether any portion of the sum of Rs. 800 which was the consideration for the sale was binding on the minors. The Court found that the pr...
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