Chennai Court November 1952 Judgments
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In Re: P.R. Joseph and ors.
Court: Chennai
Decided on: Nov-14-1952
Reported in: AIR1953Mad574; (1953)IMLJ326
ORDERSomasundaram, J.1. This is a reference by the learned Sessions Judge of South Malabar under the following circumstances. The four accused were tried by the Second Class Magistrate, Fort Cochin, for an Offence under Section 323, I. P. C. The Magistrate found all of them guilty of the offence under Section 323, I. P. C. and sentenced accused 1 to a fine of Rs. 50, in default to two months rigorous imprisonment. In respect of the other accused, i.e., accused 2 to 4 he was of opinion that they should be dealt with under Section 562 (1-A) Criminal P. C. and as he was not empowered to pass orders under the above section, he sent up the records to the sub-Divisional Magistrate, Port Cochin for action. The Sub-Divisional Magistrate, Fort Cochin, let off the accused with an admonition under Clause (1-A) of Section 562, Criminal P. C. Accused 2 to 4, who were thus let off with an admonition, then preferred an appeal in C. A. No. 10 of 1952 to the Sessions Court, South Malabar. At the time o...
In Re: Kunda Papanna and ors.
Court: Chennai
Decided on: Nov-14-1952
Reported in: AIR1953Mad877; (1953)2MLJ409b
1. These are thirteen cases referred by the District Magistrate (Judicial), Nandyal, for setting aside the orders of the Stationary Sub-Magistrate, Jammalmadugu, in C. C. Nos. 120 to 132 of 1952, releasing 13 persons convicted under Section 4A of Act 10 of 1937, the Prohibition Act, under Section 562(1), Cr. P. C. on their entering into bonds for Rs. 200 each to appear and receive sentence whenever called upon to do so and for inflicting substantial punishment on them. The learned Stationary Sub-Magistrate considered that, as these accused persons belonged to primitive backward tribes, like Dommara, Salai, Thogata etc., and as these were their first offences they should be released under Section 562(1), Cr. P. C. instead of awarding substantive sentences of imprisonment or fine. He also relied on the fact that two doctors differed regarding the question of these accused persons being really intoxicated by taking any illicit liquor. 2. The learned District Magistrate rightly attacks the...
In Re: Kakarla Narasayya
Court: Chennai
Decided on: Nov-13-1952
Reported in: AIR1953Mad516; (1953)IMLJ290
ORDERRamaswami, J.1. This is a criminal revision case filed against the conviction and sentence of the learned Sub-Divisional First Class Magistrate of Peddapur in C. A. No. 53 of 1951 confirming the conviction and sentence of the Additional Stationary Sub-Magistrate, Rajahmundry in C.C. No. 343 of 1930.2. The facts are :-- The complainant has purchased Musurumilli Bamboo Coupe No. 1 for the year 1949-50, i.e., for the year ending 30-6-1950 for Rs. 5000/- in auction held by the Forest Department and was working the Coupe through the men engaged by him. He was getting the stock of bamboos from the Coupe to Gokavaram and stocking them in the site of one Dasari Bulliah. This site was held under a lease of the accused from whom the complainant has taken it on an annual rent of Rs. 35/- for the purpose of securing the bamboos therein. The complainant noticed that the stock in the depot was being diminished, having been misappropriated by the accused and so he asked his agent at Gokavaram to...
Kalyani Achi Vs. K.N.S.P.R.M. Ramanatham Chettiar and ors.
Court: Chennai
Decided on: Nov-11-1952
Reported in: AIR1953Mad860; (1953)1MLJ627
Govinda Menon, J. 1. These arise out of the order of the Subordinate Judge of Sivaganga in E. P. No. 100 of 1949 in O.S. No. 53 of 1949 dated 16-7-1952. It is a matter of some doubt whether the order in question is one that comes directly under the provisions of Section 47, C. P.C.; but in any event there is the civil revision petition filed alternatively and if we are convinced that the learned Judge has not exercised the jurisdiction vested in him by law, then we have to set it aside. 2. In execution of the decree in O.S. No. 53 of 1949 in the Sub-Court, Sivaganga, three items of properties were attached before judgment and they were proclaimed for sale to be held on 17-6-1952. The order of the Court to the officer conducting the sale was to the effect that he should sell in auction sufficient portions of the properties attached before judgment on 17-6-1952 and that he should certify the manner in which the auction was held and if none was held, the reason lor the same and return the...
V. Peddarangaswami Shreshti Vs. the State of Madras, Represented by th ...
Court: Chennai
Decided on: Nov-10-1952
Reported in: AIR1953Mad583
1. These two appeals arise out of two suite tried together along with another suit (which, however, has net come up in appeal) and disposed of by a common judgment by the learned District Judge of Bellary. The appellant is the plaintiff in both the suits. For a determination of the questions which arise in these appeals it is necessary to relate the events which led up to the suits. It is sufficient to commence the narration with the grant of a prospecting licence to the appellant on 28-5-1941 (Ex. A. 1) which conferred on him the sole right, subject to the conditions contained in the licence, to mine, bore, dig and search for iron and work and carry away red oxide of iron within an area of 76 acres being a portion of S.No. 326 of Janikunta village in Bellary district. The licence was for a term of one year commencing from 28-5-1941. The contesting respondent in the appeals, one Vishnu Nimbkar, obtained a similar prospecting licence for red oxide on 11-6-1941 (Ex. B. 1) in respect of S...
In Re: D. Pandurangan and anr.
Court: Chennai
Decided on: Nov-07-1952
Reported in: AIR1953Mad418; 1953(I)MPLJ144
Somasundaram, J.1. The two appellants were tried and convicted by the Chief Presidency Magistrate for an offence under Section 292, I. P. C. and sentenced each to three months' rigorous imprisonment and a fine of Rs. 1,000. 2. Accused 2 in the case is the keeper of a Press called 'Sri Andal Press'. This is situated in 175 Lloyds Road, Royapettah. Accused 1 is the printer and publisher of a book called 'Kama Leelai'. The book contains pictures of various postures of sexual intercourse with an explanatory note on the opposite page. It is clear from Ex. P. 5 filed in the case thaf accused 1 printed as many as 700 copies of the book. The two ledgers Exs. P. 2 and P. 3 seized by the police show the number of books sold by accused 1. It is clear therefore from these two documents that accused 1 has printed and published these books for the purpose of sale. In fact, this is not seriously disputed, though it is stated that the sale was intended only for adults. Even so these books were undoubt...
Sm. K. Ponnalagu Ammal Vs. the State of Madras, Represented by the Sec ...
Court: Chennai
Decided on: Nov-07-1952
Reported in: AIR1953Mad485; (1953)IMLJ410
1. L. P. A. No. 134 of 1952:--This is an appeal under the Letters Patent against the judgment of Subba Rao J. in C.M.P. No. 13519 of 1950. That petition was filed in the following circumstances. Krishna Vijaya Poochaya Naicker, Zamindar of Marungapuri, an impartible estate situated in Tiruchirapalli district, died on 17-9-1926 leaving behind him three widows, Lakshmi Ammani, Ponnalagu Ammani and Muthulagu Ammani. As one of the incidents of impartible estates in Southern India is that the estate is descendible to a single heir, the seniormost of the three widows would be first entitled to succeed. The Government, on the assumption that Lakshmi Ammani was the seniormost of the widows, proceeded to exercise powers conferred on them by the Madras Court of Wards Act. On 11-7-1927 the following notification was published in the Fort St. George Gazette and in the Tiruchirapalli district Gazette:'Under Section 15, Madras Court of Wards Act, 1902, His Excellency the Governor in Council declares...
Anaithalayan Vs. Marudamuthu
Court: Chennai
Decided on: Nov-07-1952
Reported in: AIR1953Mad528; (1953)IMLJ302
ORDERVenkatarama Aiyar, J.1. The respondent instituted O. S. No, 302 of 1946 in the Court of the District Munsif, Namakkal, for recovery of possession of certain properties and for mesne profits, and the same was decreed 'ex parte' on 16th September 1946.2. The defendant then applied in I. A. No. 835 of 1946 to set aside the decree passed 'ex parte' on the ground that the summons was not duly served on him. The facts as found by the Courts below are that the summons was tendered to the defendant on 14-9-1946, and that he refused to sign the acknowledgment The contention of the petitioner is that the process-server must either take an acknowledgment from the defendant or affix the summons to the outer door of the house and that as neither was done, there was no due service of summons as required by Order 5, Rule 17 and that, therefore, the Court was bound to set aside the 'ex parte' decree under Order 9, Rule 13. The Courts below met this contention by reference to the proviso to Order ...
Vennamuddala Venkata Challamma Alias Venkata Lakshmamma Vs. Cheekati A ...
Court: Chennai
Decided on: Nov-07-1952
Reported in: AIR1953Mad571; 1953(I)MPLJ358
1. In this appeal filed under the Letters Patent against the judgment of Panchapagesa Sastri J. in S. A. No. 1501 of 1947, the question relates to the succession to the properties of a dancing girl.2. One Pullamma brought a suit for partition and possession of her half share of certain properties conveyed to her and her brother's daughter jointly in gift by a third person. When the suit was pending Pullamma died. Thereupon, the first respondent sought to come, on record as her legal representative and continue the action. He claimed to be the grandson of the brother of one Nandamma who was alleged to have adopted Pullamma as her daughter. The brother's daughter who was the contesting defendant claimed to succeed to the properties of Pullamma as her nearest heir.3. It was common ground that both Nandamma and Pullamma belonged to the dancing girl caste and that Nandamma had adopted Pullamma as her daughter. It was further found that the first respondent was the brother's grandson of Nand...
Gundapuneedi Veeranna and ors. Vs. Gundapuneedi China Venkanna and ors ...
Court: Chennai
Decided on: Nov-07-1952
Reported in: AIR1953Mad878; (1953)IIMLJ317
1. This is an application for leave to appeal to the Supreme Court of India against the decree and judgment of this Court in A. S. No. 2 of 1947 dated 24-8-1951. The petitioners are defendants 1 to 4 in O. S. No. 47- of 1945 on the file of the Court of the Subordinate Judge of Kakinada. The suit was instituted by respondent 8 for partition of certain items of im-moveable property and for delivery of possession to-rum of a fourth share in the first item and a half share in the second and third items. The petitioners supported the plaintiff's claim. Petitioner 1 claimed for himself a fourth, share in item 1 and a half share in items 2 and 3, while petitioners 2 to 4 claimed a 12th share in the first item alone. The contesting defendants were defendants 5 to 11. The Subordinate Judge passed a preliminary decree-for partition, but on appeal by defendants 5 to 11 this Court reversed the decision of the Court below and dismissed the suit in toto.2. When this application originally came on be...
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