Chennai Court November 1949 Judgments
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Dravida Nadu, a Tamil Weekly Vs. the Government of the Province of Mad ...
Court: Chennai
Decided on: Nov-04-1949
Reported in: AIR1950Mad742
ORDER1. The petitioner is the editor and publisher of 'Dravida Nadu,' a Tamil Weekly which is printed at and issued from Kanchee-Puram. He seeks to set aside the order of the Provincial Government dated 26th May 1949 directing him to deposit with the District Magistrate, Chingleput on or before 25th June 1949 security to the amount of Rs. 3,000. The order was passed in exercise of the powers conferred by Section 7(3), Indian Press (Emergency Powers) Act, 1931, on the ground that the issues of the petitioner's journal dated 4th April 1948 and 18th April 1948 contained matter of the nature described in Section 4(1)(h) of the said Act. A translation in English of the offending passages from the two issues mentioned above was appended to the order. This application has been made under Section 23 of the Act and what this Court has to decide is whether the news, paper in respect of which the order was made did or did not contain any words of the nature described in Section 4 (1) (h) of the A...
In Re: E.P.T. Valyudam and ors.
Court: Chennai
Decided on: Nov-03-1949
Reported in: AIR1950Mad324
Govinda Menon, J. 1. These are petitions under Section 491, Criminal P. C., by the various petitioners herein praying that directions in the nature of habeas corpus to be issued to the superintendent of the respective jails in which they are confined to produce them before this Court so that they might be set at liberty. In all these cases the petitioners are detained under the provisions of Madras Maintenance of Public Order Act, 1947 (Act I [1] of 1947) as amended by the Madras Maintenance of Public Order (Amendment) Act, 1948 (Act XVII [17] of 1948). Madras Act I [1] of 1947 was to remain in force for a period of one year from 12th March 1947 and there was a provision therein that the Provincial Government may, from time to time, by notification in the Fort St. George Gazette, extend the continuance of the Act for a further period or periods not exceeding one year in the aggregate. In accordance with that provision contained in Section 1 (4) of Act I [1] of 1947, the Provincial Gove...
Viramallu Swarajya Lakshmi Mancharamma Vs. Viramallu Satyanarayana and ...
Court: Chennai
Decided on: Nov-03-1949
Reported in: AIR1950Mad356
Panchapagesa Sastri, J.1. This is a suit for restitution of conjugal rights by the husband against his third wife. It would appear that he married the third wife when the second wife was alive. He had abandoned her and contracted this marriage. He was living for sometime with the third wife and when she became pregnant sent her to her parents' home for confinement. The husband thereupon called back the second wife to live with him and has since then been living with her. The third wife is the appellant before me, In the first Court she filed a written statement setting out that her jewels had been taken away by the husband and not returned to her and he has failed to account to her for the proceeds of her lands which he was managing. She also setup that she was told at the time of the marriage that the husband was not living with the second wife and that he had severed his connections with her and settled her maintenance claim and separated from her. Before the learnedDistrict Munsif i...
Navan Kattayya Goundan Vs. Mambattanveettu Kannan Alias Periabbu Gound ...
Court: Chennai
Decided on: Nov-03-1949
Reported in: AIR1950Mad598
Vishwanatha Sastri, J.1. The plaintiff is the appellant in this second appeal. He sued for an injunction restraining the defendant from interfering with his right to go on the defendant's land and having access to ten tamarind and four iluppai trees belonging to the plaintiff for the purpose of collecting the produce of those trees. The Courts below have dismissed the suit. Hence, this second appeal.2. One Venkatapathi Naidu owned a tope adjoining which there was a bit of poromboke land. On this poromboke land he planted the trees now claimed by the plaintiff. The Government asserted its right to the poromboke land and granted a tree patta in favour of Venkatapathi Naidu in respect of the trees planted by him on the poromboke. Venkatapathi Naidu was enjoying the produce of the trees in accordance with the terms of the tree patta granted to him. After his death his son Narayanaswami Naidu succeeded to his properties and sold the tope to one Poraiswami Chetti in 1940 and this person agai...
Ramamurthi Ayyar and ors. Vs. Kuppuswami Ayyar
Court: Chennai
Decided on: Nov-01-1949
Reported in: AIR1950Mad621
Subba Rao, J.1. The main question in these appeals is whether a son is liable to discharge the liability of his father in regard to a covenant of indemnity given by him. Defendants 1, 2 and 3 are the sons of one Venkatarama Iyer. Venkatarama Iyer for himself and acting as guardian of his minor sons, defendants 2 and 3, and defendant 1 as a major executed a sale-deed in favour of the plaintiff's father, Ramaswami Iyer on 12th August 1937 in respect of their joint family properties for a sum of Rs. 21,000. Out of the said amount, Ramaswami Iyer paid Rs. 9.000 for discharge of antecedent debts. Of the balance of the price, Ramaswami Iyer executed a promissory note in favour of Venkatarama Iyer for a sum of Rs. 5,250 with an understanding that out of the said amount Rs. 2,'250 was to be paid within one year and the balance of Rs. 3,000 to be paid on defendant 3 attaining majority and giving a release deed. The balance of the sum of RS. 6,000 was agreed to be paid to defendants 2 and 3 in e...
Arumuga Mudaliar Vs. Muruga Mudaliyar (Died) and ors.
Court: Chennai
Decided on: Nov-01-1949
Reported in: AIR1950Mad603
Raghava Rao, J.1. This appeal is against an order of remand by the lower appellate Court of a suit dismissed by the trial Court. The suit was for refund of a certain sum of money paid to the defendant by the plaintiffs under a contract by the defendant to lease certain lands to the plaintiffs, and for recovery of damages for breach of the contract. The plaintiffs relied on Ex. A in proof of the lease; but the trial Court held it to be inadmissible in evidence for want of registration, and dismissed the suit as not therefore maintainable. On appeal the lower appellate Court has remanded the suit after reversing the view of the trial Court in regard to the admissibility in evidence of Ex. A.2. Exhibit A runs in the following terms in the translation to be found in para. 9 of the judgment of the lower appellate Court which I prefer on the whole to the translation to be found in the record printed here :'The band letter by Arumugha Mudali to Muruga Mudaliar and Palani Mudaliar dated 2nd Ap...
Sv. L. Sv. Sevugan Chettiar Vs. Chinnasami Reddiar and anr.
Court: Chennai
Decided on: Nov-01-1949
Reported in: AIR1950Mad654
Rajamannar, C.J.1. The only question in this appeal preferred by the plaintiff who sued to recover the amount due for principal and balance of interest on a promissory note dated 24th July 1930 executed by defendant 1 and others in his favour for Rs. 4600 is whether the defendants are entitled to any relief under the Usurious Loans Act. The suit promissory note carried interest at 24 per cent. per annum. It is common ground that this promissory note represents the final transaction in a series of transactions between the parties beginning in 1922, In that year there were two promissory notes executed by defendant 1 in favour of the plaintiff for Rs. 1000 each, Exs. P. 4 and P. 5. Under these promissory notes the rate of interest was also 24 per cent. per annum. They were consolidated into a single promissory note on 20th September 1924, Ex. P. 6, for Rs. 2000. On 12th April 1927. for the amount due under the promissory note of 1924 both for principal and balance of interest, another pr...
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