Chennai Court February 1943 Judgments
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S.R. Ramaswami Aiyar Vs. K.C. Saptharishi Reddiar
Court: Chennai
Decided on: Feb-05-1943
Reported in: AIR1943Mad598; (1943)1MLJ297
Krishnaswami Aiyangar, J.1. The maintenance in proper condition of the irrigation and drainage channels in a village is a matter of vital importance for the well being of the village community. The productivity of the land very largely depends on the supply in time of sufficient quantities of water, and this can only be secured by keeping the channels periodically cleared of accumulating silt. Every member of the village community is fully conscious of this need but unfortunately we find quite an appreciable number, of the smaller mirasdars in particular frequently evading their share of the common burden. The problem is sufficiently accute, in the Cauvery delta and it is time that the Government devised an effective remedial measure to meet the evil, the existing machinery being inadequate.2. The difficulty appears to have been felt in the village of Seelaipillayarputhur in the Musiri Taluk as early as 1876 when we find, an agreement was entered into amongst the mirasdars of the villa...
Botawala De Rander Vs. J.P. Mitter
Court: Chennai
Decided on: Feb-05-1943
Reported in: AIR1943Mad510; (1943)1MLJ360
Bell, J.1. This is an application for an order that the petitioner in this divorce case should give security for the costs of the co-respondent. The circumstances in which the jurisdiction of this Court is sought are unusual. The petitioner apparently is a practising Barrister in Calcutta where he has practised for the last 14. years or thereabouts. For 31/2 years he practised in Meerut. The marriage took place in Calcutta and the adultery is alleged to have taken place in Bombay. The allegations of adultery in the petition are of the vaguest description and in the form in which they stand at the moment, would not enable the petition to go very far. With regard to the practice as to ordering security for costs under Section 7 of the Indian Divorce Act, the Courts in India act and give relief on principles and rules which as nearly as may be conform to the principles and rules observed in England under the Matrimonial Causes Act and Rules. It has been said that this section has been ena...
Rangayya Naidu and anr. Vs. Sundaramurthy Mudaliar
Court: Chennai
Decided on: Feb-05-1943
Reported in: AIR1943Mad511; (1943)1MLJ380
King, J.1. This is a petition filed against the decree given by the learned District Munsiff of Ranipet in S.C.S. No. 127 of 1941. The suit was filed by the plaintiff as endorsee of a promissory note against three defendants. The first defendant is the father and guardian of his minor son the second defendant. It was alleged by the plaintiff that the promissory note had been signed by the first defendant both in his personal capacity and as guardian of his son the second defendant. The consideration of Rs. 243 was alleged to have been paid in cash. The first defendant admitted the genuineness of his signature in so far as it affected himself, but denied its genuineness in so far as he is supposed to have signed it as guardian of his son. He says, however, that when he signed the promissory note it was only a blank piece of paper and that he received only Rs. 5 as consideration and that amount also not from the payee but from the payee's step-son. The third defendant pleaded that his si...
Mantripragada Sivaramayya Vs. the Official Receiver of West Godavari a ...
Court: Chennai
Decided on: Feb-05-1943
Reported in: AIR1943Mad556; (1943)1MLJ411
Wadsworth, J.1. These matters all arise out of the same insolvency. The civil miscellaneous appeal is preferred against the order approving the schedule of creditors and sanctioning the distribution of the dividend. The two sets of civil revision petitions are against two sets of applications under Section 19 of Madras Act IV of 1938 by the same insolvent, one of which was before the District Judge and the other before the District Munsiff of Ellore. All the applications under. Section 19 were dismissed.2. The appellant was adjudged an insolvent on 1st October, 1934. On the 21st March, 1938, the Official Receiver approved a statement which contained the schedule of creditors, the rate of dividend declared and the amount of dividend due to each of the creditors. On the same date he issued a notice to all the proved creditors requiring them to make their objections, if any, within one week. The insolvent on the same day, 21st March, 1938, presented an application to the District Judge in...
Damodarasami Naicken and ors. Vs. Minor Govindarajulu Naidu and anr.
Court: Chennai
Decided on: Feb-03-1943
Reported in: AIR1943Mad429; (1943)1MLJ291
Alfred Henry Lionel Leach, C.J. 1. In the month of September, 1909, one Rangasami Naicken and his three sons, Govindasami, Venkatasami and Narayanasami, who constituted an undivided family, mortgaged immovable properties belonging to the family to one Lakshminarasimha Aiyar to secure the sum of Rs. 3,000. In 1912 the family separated and there was a partition of the family estate. The mortgaged properties were divided into four shares and one share was allotted to each member. The deed of partition provided that the mortgage-debt should be discharged by the sons in other words, each son was to be liable for one-third of the total debt. In 1913 Govindasami, the fourth defendant in the suit, mortgaged his share of the family properties to Gurusami, the father of the defendants 1 to 3, to secure a ,loan of Rs. 2,500. Govindasami failed to repay the loan and consequently Gurusami was compelled to institute a suit on his mortgage. He obtained a decree and in execution proceedings in 1926 he...
Sri Raja Tyadapusapathi Simhadriraju Dakshanakavata Dugarajulungaru, M ...
Court: Chennai
Decided on: Feb-02-1943
Reported in: AIR1943Mad586; (1943)1MLJ333
Wadsworth, J.1. This petition has been referred to the High Court under Rule 59 of the Madras Agency Rules. It arises out of an application filed under Section 19 of Madras Act IV of 1938 to scale down a mortgage decree. The petitioners are mokhasadars of an estate situated partly in the Agency and partly in the plains. In 1895, the first petitioner's brother mortgaged the greater portion of the estate to the respondent bank for Rs. 20,000 and some two years later he executed a further mortgage over the same properties for Rs. 3,500. In 1907, a suit was filed in the Court of the Subordinate Judge of Vizagapatam on the two mortgages seeking to realise the security so far as it was situated in the plains. The suit was decreed and in execution of the decree the portion of the hypotheca situated in the plains was sold for Rs. 50,100. This sale was confirmed on 27th March, 1923. This sale left a considerable balance under the mortgage decree and in 1923 a further suit O.S. No. 95 was filed ...
Vasireddi Raja Lakshmamma and anr. Vs. Gopu Raghavayya and ors.
Court: Chennai
Decided on: Feb-02-1943
Reported in: AIR1943Mad592; (1943)1MLJ356
Alfred Henry Lionel Leach, C.J.1. The question in this appeal is whether a creditor can take action under Section 54-A of the Provincial Insolvency Act after the insolvent has been given an absolute discharge.2. On the 3rd January, 1929, one Pretumbaka Venkatappayya and his four sons applied to be adjudicated insolvents and on the 9th January, 1930, an order of adjudication was passed. On the 24th July, 1934, the insolvents applied for their discharge and on the 28th September, 1936, it was granted unconditionally. On the 27th July, 1926, by a registered instrument, Venkatappayya settled 5.10 acres of land on his two daughters as provisions for their marriages. The elder daughter had already been married and the younger daughter was about to be married. The Official Receiver was moved by the respondent to take action with a, view to obtaining from the Court an order setting this deed aside, but the Official Receiver refused to take action and intimated his refusal in an order dated the...
Ramija Bibi and anr. Vs. Sharifa Bibi and ors.
Court: Chennai
Decided on: Feb-02-1943
Reported in: AIR1943Mad561
Leach, C.J.1. The question in this appeal is whether the judgment of the Privy Council in Mt. Maina Bibi v. Ch. Vakil Ahmad has overruled the decision of the Full Bench of this Court which decided Beeju Bee v. Moorthuja Sahib A.I.R. 1920 Mad. 666. The answer which we give is in the negative. In Beeju Bee v. Moorthuja Sahib A.I.R. 1920 Mad. 666 this Court held that when a Mahomedan widow has not been paid her dower she is entitled to retain possession of her husband's properties, and that the properties cannot be divided among the heirs until the slower has been satisfied. The Court also held that while a sale by a widow of the estate property to satisfy the dower debt is not binding on the other heirs of her husband, the vendee has the right to retain possession of the property purchased by him until the dower debt is satisfied. It is the second part of this judgment which is said to have been overruled by the Privy Council in Mt. Maina Bibi v. Ch. Vakil Ahmad . The first part of the j...
In Re: M.K. Srinivasan
Court: Chennai
Decided on: Feb-01-1943
Reported in: AIR1944Mad410
Happell, J.1. The appellants, who will hereafter be referred to as accused 1 and 2 respectively, were promoters and two of the directors of a company designated 'The Sugar and General Investment Trust.' In connexion with the promotion and management of this company they were prosecuted in the Court of the Chief Presidency Magistrate for the offence of conspiracy to cheat the public by the issue of a prospectus punishable under Section 120B, Penal Code and for the offence of criminal breach of trust punishable under Section 409, Penal Code. Both the accused were convicted under the charge of conspiracy and for this offence were sentenced each to undergo one year's rigorous imprisonment. Accused 1 was also convicted under Section 409, Penal Code and for that offence he was sentenced to undergo 18 months rigorous imprisonment, the sentences in his case to run concurrently. To understand the case and the charges, it is necessary to refer to the events which preceded the formation of 'The S...
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