Chennai Court September 1947 Judgments
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In Re: Vadilal Laldas Patel
Court: Chennai
Decided on: Sep-04-1947
Reported in: (1947)2MLJ563
Clark, J.1. This is an application under Section 175 of the Act for the appointment of a Provisional Liquidator of the Andhra Paper Mills Ltd., a Company having its registered office at Rajahmundry. The main petition is fixed for hearing on the 22nd instant. This application came before me first on the 27th of August, when I directed notice to issue to the company. The company has been duly served and is now represented before me by counsel. In addition, the trustees for the holders of the First Debentures issued by the Company are represented by counsel, and one shareholder appears by counsel.2. The company was registered in January, 1929, and has an authorised capital of Rupees 23 lakhs divided into 20,000 ordinary and 3,000 preference shares, each of the face value of Rs. 100. The issued capital is 11,290 ordinary shares and 1,162 preference shares all of which except to a small extent of Rs. 120 are fully paid. Thus the paid-up capital of the Company amounts to Rs. 12,45,200. The p...
V.T. Elaya Pillai Vs. A.M. Muhammad Ibrahim Sahib and ors.
Court: Chennai
Decided on: Sep-04-1947
Reported in: AIR1948Mad302; (1948)1MLJ75
Govindarajachari, J.1. C.M.A. No. 389 of 1944: This is an appeal against the decree of the District Judge of South Arcot determining the amount of the liability of the appellant under a security bond executed by him. The material facts are the following. One Muthuswami Jadaya Goundan filed O.S. No. 43 of 1936 in the Court of the District Judge of South Arcot for the recovery of an impartible estate known as Jadaya Goundar Jaghir. The first defendant in the suit was the rival claimant. The second defendant was the first defendant's son and was impleaded pro forma. The third defendant claimed to be a lessee of the forest produce in the Jaghir under a lease granted in 1934 by the previous Jaghirdar for a period of seven years commencing from 16th July, 1936. The suit was decreed and it was held that the plaintiff was entitled to succeed to the estate on the death of the last holder. The lease in favour of the third defendant was held to be not binding on the plaintiff and was consequently...
The Province of Madras, Represented by the Collector of Madras Vs. R.B ...
Court: Chennai
Decided on: Sep-03-1947
Reported in: (1948)2MLJ423
Govinda Menon, J.1. An application to amend the plaint in O.S. No. 67 of 1945 on the file of the Sub-Court of Madura by the addition of a paragraph 19-A, to the original plaint has been allowed by the learned Subordinate Judge and the Provincial Government represented by the Collector of Madura seeks to revise that order on- the ground that as the amendment introduces a new cause of action, it cannot be allowed without the imperative pre-requisite of a notice under Section 80 of the Code of Civil Procedure.2. The suit as originally framed was for a declaration that the acquisition by the Government, of certain ground and premises belonging to the plaintiff and set forth in the schedule to the plaint was illegal, mala fide, unreasonable, ultra vires and without jurisdiction and for granting a permanent injunction restraining the defendant (Provincial Government) from proceeding with the said acquisition or from taking possession of the said property. Pending the suit, an application was...
Pasumarti Satyanarayana Rao and anr. Vs. the Official Receiver of West ...
Court: Chennai
Decided on: Sep-03-1947
Reported in: (1947)2MLJ425
Govindarajachari, J.1. These civil miscellaneous appeals are against the orders of the District Judge of West Godavari dismissing two petitions filed by the appellants, two creditors of an insolvent, for review of an order which had been made by the District Judge on the 18th November, 1944, whereby he annulled the insolvency under Section 43 of the Provincial Insolvency Act. The insolvent was one Chakka Rangayya who was adjudged an insolvent on his own petition on the 17th November, 1927, in I.P. No. 8 of 1927 on the file of the District Judge of West Godavari. It would appear that the insolvent had obtained a decree for about Rs.10,000 against one Appaia Raju. There was a doubt whether that decree created a charge and there was litigation for the purpose of enforcing the charge, if any. The two appellants and certain other creditors financed that litigation and advanced about Rs. 2,000. The litigation was, however, unsuccessful and it was ultimately established that there was no char...
Rama Asra and ors. Vs. the Official Receiver of South Kanara and ors.
Court: Chennai
Decided on: Sep-03-1947
Reported in: (1947)2MLJ509
Frederick William Gentle, C.J.1. In 1932, one, Vasudeva Patteri, obtained a decree against one, Rama Asra, personally and as the manager of an undivided family for a sum of money. Previously, and pending the suit, there was an attachment of the properties belonging to the family of which the kartha was a member. In pursuance of the decree and by arrangement with the Canara Land Investments, Ltd., that company, on behalf of the decree-holder, issued an execution application which remained undisposed of until the 28th November, 1938, when it was directed to be struck off; but the attachment, which had first been effected in 1932, before judgment, was directed to continue for the space of one year. The year ended on the 28th November, 1939. The judgment-debtor Rama Asra died in the year 1934 at a time when the attachment was in force and the execution petition, to which reference has been made and which was instituted by the Canara Land Investments, Ltd, was against Rama Asra's legal repr...
M. Vasuntharadevi Ammah Vs. Dr. C.M. Ramakrishna Naidu
Court: Chennai
Decided on: Sep-03-1947
Reported in: (1947)2MLJ544
Rajamannar, J.1. The plaintiff is the wife of the defendant. The suit originally comprised two claims, a claim for maintenance and a claim for recovery of certain articles set out in schedule A to D to the plaint or their value. Soon after the institution of the suit, most of the articles claimed were delivered to the plaintiff and she has not pressed her claim as regards the rest. The trial was therefore confined to her claim for maintenance. The suit was instituted on the 24th January, 1947. The plaintiff claims arrears of maintenance at Rs. 200 a month from 1st October, 1944, up to the date of the institution of the suit and future maintenance at the same rate. The plaintiff is the daughter of a retired Assistant Surgeon in the medical department of the Government of Madras and she is a Graduate. The defendant is the only son of a retired medical officer employed by the Corporation of Madras. He received medical education in Great Britain and at the time of the suit he was employed ...
Sivalinga thevar Vs. Srinivasa Mudaliar and ors.
Court: Chennai
Decided on: Sep-03-1947
Reported in: (1947)2MLJ583
Govindarajachari, J.1. A.A.O. No. 519 of 1945:- This is an appeal by the third defendant against an order directing execution against him of a decree, dated 8th September, 1932 which was in respect of a promissory note executed by one Govinda Thevar. Govinda Thevar died before suit. His father Veerappa Thevar was the first defendant and his brothers Gopala and Sivalinga were the second and third defendants. The fourth defendant Veerappa Thevar was the son of the executant of the promissory note. The fifth defendant Murugappa Thevar was the son of Gopala the second defendant. There was a personal decree against defendants 1 and 2 who alone were majors while the decree against the other defendants who were minors was only against their interests in the family properties. On the 15th October, 1932 the decree-holder applied in E.P. No. 125 of 1932 for execution. This petition was dismissed on 20th November, 1933 as no sale batta was paid. On 1st November, 1933 the adult members of the fami...
Ammani Ammal Vs. K.P. Sabapathi Pillai
Court: Chennai
Decided on: Sep-03-1947
Reported in: (1948)1MLJ422
Yahya Ali, J.1. This appeal arises out of proceedings in execution. The plaintiff filed a suit on a mortgage to recover the mortgage amount by sale of the hypotheca. The mortgage had been executed by the first defendant for himself and as guardian of his two sons, the second and third defendants. Among the other defendants who were impleaded, the sixth defendant, who is the mortgagor's paternal uncle's son's widow, was impleaded on the ground that she was living in one of the two houses which formed the subject-matter of the mortgage. She in defence set up her own title to that house, namely, house No. 48 claiming that it had fallen to her deceased husband's share in a partition which took place prior to the date of suit. The first issue framed in the suit related to the claim of the sixth defendant. The learned Subordinate Judge who tried the suit considered it unnecessary to decide the question of paramount or hostile title raised by the sixth defendant and leaving that question open...
The Nellore Co-operative Urban Bank Ltd. by Its Secretary, Mr. V. Venk ...
Court: Chennai
Decided on: Sep-02-1947
Reported in: AIR1948Mad252; (1947)2MLJ487
Patanjali Sastri, J.1. This second appeal was heard by Rajamannar, J., in the first instance but the learned Judge by his order dated, the 12th March, I947 referred the case to a Division Bench as it raised important points on which there is no direct authority.2. The facts are not in dispute and may be briefly stated. One Yarramreddi Balakrishna Reddi borrowed Rs. 500 on the 20th May, 1932, from the Nellore Cooperative Urban Bank, Ltd. (hereinafter called 'the Bank'), and the respondent herein guaranteed the due repayment of the debt. As the debt was not, however, duly paid, the bank preferred a claim under Section 51 of the Madras Co-operative Societies Act (VI of 1932) and the claim having been referred to an arbitrator, an award was passed against both Balakrishna Reddi and the respondent on the 13th July, 1936.3. The award runs thus:That the defendants 1 and 2 do pay plaintiff Rs. 469-14-1 with interest thereon at 1 and 1 1/5 pies per rupee per mensem from this date until realisat...
Kasi Alias Alagappa Chettiar and ors. Vs. Rm.A.Rm.V. Ramanathan Chetti ...
Court: Chennai
Decided on: Sep-02-1947
Reported in: (1947)2MLJ523
Patanjali Sastri, J.1. This appeal arises out of a suit brought by the respondents for the taking of partnership accounts. Valliappa Chettiar, the deceased father of the first respondent and Alagappa Chetty, the deceased father of the first appellant, carried on business as money-lenders and bankers at Theinzig in Burma under the name and style of ' R. M. P.'. Alagappa died in 1925, but his sons took.his place in the partnership and continued the business. On the 23rd May, 1927, Valliappa also died and as his only son, the first respondent, was a minor at the time, Alagappa's sons, the first appellant and the deceased father of the third appellant, were left in sole management of the business and its assets. Though the first respondent attained majority in 1936 as he is deaf and dumb and mentally defective the present suit was brought in 1939 by one Ramanathan Chettiar his next friend and his deceased brother's widow who has adopted the second respondent. Various pleas were raised in a...
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