Chennai Court December 1948 Judgments
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Yvonme Gwendoline Marie Lewis Vs. Aloysius Lewis
Court: Chennai
Decided on: Dec-06-1948
Reported in: (1949)1MLJ547
1. This is an application under Section 7 of the Indian Divorce Act by the respondent in O.M.S. No. 17 of 1948 against her husband, the petitioner therein, for an order directing him to pay to the applicant a sum of Rs. 300 in order to enable her to meet the expenses incidental to the defence of the suit. Mr. Gopala Menon on behalf of the respondent herein has raised a series of objections. The first objection is that the application is not maintainable under the Indian Divorce Act. Section 7 of that Act reads thus:Subject to the provisions contained in this Act, the High Courts and District Courts shall in all suits and proceedings hereunder, act and give relief on principles and rules which, in the opinion. of the said Courts, are as nearly as may be conformable to the principles and rules on which the; Court for Divorce and Matrimonial Causes in England for the time being acts and gives relief. This is followed by a proviso.2. The applicant has relied on Rule 74 of the Matrimonial C...
Palaniyandi Mudaliar and ors. Vs. Palanivel Mudali and anr.
Court: Chennai
Decided on: Dec-03-1948
Reported in: (1949)1MLJ209
Subba Rao, J.1. The question in this civil miscellaneous second appeal is one of 'limitation and it turns on the construction of Section 78 of the Provincial Insolvency Act.2. The appellants are the legal representatives of the decree-holder in O.S. No. 875 of 1926 on the file of the District Munsiff's Court, Tiruvannamalai. The final decree in the suit was passed on 19th December, 1929. The judgment-debtor was adjudged insolvent on 30th March, 1930. The adjudication was annulled under Section 43 of the Provincial Insolvency Act by an order of the Subordinate Judge of Vellore, dated 7th December, 1942. Subsequent to the annulment on 26th March, 1943, an affidavit was filed by a clerk of the appellants in the Court of the Subordinate Judge of Vellore alleging that the appellants' father died on 8th August, 1941, and that an amount of Rs. 1,600 was due to him by the insolvent under a decree in O.S. No. 875 of 1925, Tiruvannamalai District Munsiff's Court. The appellants preferred an appe...
Parattakath Mayan and ors. Vs. Palakkotanteakatte Mammad Kunhi
Court: Chennai
Decided on: Dec-03-1948
Reported in: (1949)1MLJ295
Satyanarayana Rao, J.1. The defendants are the appellants. The respondent instituted the suit out of which this second appeal arises for a perpetual injunction restraining the defendants from interfering with his possession of the plaint properties in any manner. He also prayed in the alternative that if the defendants were found to be in possession of any of the items of the property a decree for possession and mesne profits should also be granted in his favour. The defendants raised the pica that the plaintiff had no title to the property.2. In order to appreciate the contention of the defendants it is necessary to state a few facts. The property in suit originally belonged to the first appellant Paratlakath Mayan. He assigned the properties to his wife. Subsequently the wife died and it is alleged that the first appellant and appellants 2 to 5 his children became entitled to the property as the heirs of his deceased wife. In 1926 the first appellant as guardian of the minor children...
S.K.S. Ayyathurai Mudaliar Vs. Ibramsa Rowther and anr.
Court: Chennai
Decided on: Dec-02-1948
Reported in: (1949)1MLJ112
Mack, J.1. This petition raises an interesting point of limitation law applicable to a defaulting member of a chit fund.2. The plaintiff was a stakeholder who conducted in Madura what is called an auction chit of the usual type. There were 100 chit subscribers who contracted to pay Rs. 20 a month for a period of 50 months from 5th December, 1941. The chit auction was to be held on the 20th day of each Tamil month, the bid commencing from Rs. 1,000. At the eleventh call the defendant who had subscribed only to a half share in the chit bought it for Rs. 343 and executed an instalment bond on 9th October, 1942, for Rs. 390, undertaking to pay future subscriptions as they fell due. The bond contained a clause that if default was made in the case of one instalment the whole sum would become payable with 12 per cent, interest. The defendant paid up to the 15th call but defaulted at the 16th call due on 3rd March, 1943. The plaintiff's case is that subsequent to this the defendant paid only a...
Nallamilli Veerayamma Vs. Karri Ammireddi
Court: Chennai
Decided on: Dec-02-1948
Reported in: (1949)1MLJ189
Viswanatha Sastri, J.1. This civil revision petition arises out of a suit by a Hindu widow to recover a debt due under a promissory note, dated 24th May, 1945, executed by the defendant in favour of her husband, Ammireddi, since deceased. The suit was dismissed by the trial Court on the findings that Ammireddi and his father were members of a joint Hindu family, that it was the father who advanced the loan to the defendant though the pronote was taken in the name of the son and that subsequent to the death of the payee Ammireddi, the debtor repaid the moneys due under the promissory note to the father and obtained a discharge evidenced by a receipt Ex. D. 1, dated 18th January, 1946.2. The plaintiff has preferred this civil revision petition on the ground that the payment to the father after the death of the son does not operate as a valid discharge of the defendant's liability and the plaintiff alone as the widow of the payee is the' holder ' entitled to give a discharge. The contenti...
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