Chennai Court December 1952 Judgments
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K. Ramaswami Mudaliar Vs. Poongavanam
Court: Chennai
Decided on: Dec-04-1952
Reported in: AIR1954Mad218; (1953)IILLJ735Mad; (1953)IMLJ557
Basheer Ahmed Sayeed, J.1. This is an appeal against an order of the Additional Commissioner for Workmen's Compensation passed on a claim preferred by the respondent-cooly under Section 10(1), Workmen's Compensation Act. The respondent-cooly was employed under the appellants for the purpose of loading and unloading oil barrels from fhe Beach Railway Station to the warehouse of the appellants. The nature of the employment was that the cooly was working directly under the clearing agents, who were doing the work of transporting oil barrels from the 'station to the warehouse. The cooly was paid wages by the clearing agents, who received in turn the charges for transporting the oil barrels to and from the appellants. On 23-8-1947, the respondent-cooly when he was unloading oil barrels, which he had carried in a hand cart from the Beach station to the warehouse of the appellants in Ibrahim Sahib Street suffered an accident by reason of six barrels in the hand cart slipping down. As a result...
In Re: Puthiya Purayil Ammad Kunni Moideen
Court: Chennai
Decided on: Dec-02-1952
Reported in: AIR1953Mad519; (1953)IMLJ334
Ramaswami, J.1. Both the lower Courts found 'that the othidar in this case was entitled to a right of pre-emption by paying a reasonable price to the mortgagor selling the properties and that the price need not be the price which is offered by a stranger.2. In support of his contention that this raises a point of law and that the price which the mortgagor ought to receive is the price which is offered by a stranger, the learned Advocate for the appellant relied upon five decisions. The first decision is - 'Cheria Krishnan v. Vishnu', 5 Mad 198 (A), decided by Kernan and Kindersley JJ. In this decision it was held that 'an otti mortgagee, if he avails himself of his right of pre-emption, must pay whatever sum is bona fide offered to the jenmi for his equity of redemption; but the ottiholder is entitled to be fully informed as the circumstances and amount of the offer before electing to buy; public notice of, and the option of bidding at, a court-sale of the jenmi's right do not constitu...
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