Chennai Court February 1952 Judgments
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M. Thirumaleshwara Bhatta Vs. Balike Govinda Bhatta and ors.
Court: Chennai
Decided on: Feb-04-1952
Reported in: AIR1952Mad776; (1952)1MLJ618
Satyanarayana Rao, J. 1. The second defendant is the appellant in this appeal. The first plaintiff is the son of the first defendant. They were members of a joint undivided Hindu family. On the 27th of April 1938 (Ex. B. 25) the father and the son executed a trust deed in respect of their family properties in favour of their family deity, Shri Sankaranarayana Devaru constituting themselves trustees on behalf of the God. Thereupon the second defendant who was a creditor of the first defendant filed I. P. No. 11 of 1938, Sub-Court, South Kanara on the 26th of July 1938, Ex. B. 26 to adjudicate the first defendant an insolvent. The deed of trust was relied on as constituting an act of insolvency. On the 15th of November 1939, the first defendant was adjudicated an insolvent, (Ex. B. 27). The Official Receiver in whom the property became vested then filed R.I.A. No. 93 of 1940 to set aside the deed of trust under Sections 4, 5, 53 and 54 of the Provincial Insolvency Act on the 10th January...
Arunadevi Jajodia and ors. Vs. the Collector of Madras and ors.
Court: Chennai
Decided on: Feb-04-1952
Reported in: AIR1952Mad794; [1952]21ITR349(Mad); (1952)2MLJ4
ORDERSubba Rao, J.1. This is an application for issuing a writ of mandamus directing the first respondent to forbear from proceeding with the sale or doing anything pursuant to the notice dated4-10-1951.2. The first petitioner is the widow, and the other petitioners, are the sons of late Rangilal Jajodia, who died on 11th January 1946. Shankarlal Jajodia is the eldest brother of petitioners 2, 3 and 4. Prior to his death Rangilal Jajodia submitted returns for the assessment years 1941-42, 1942-43 and 1943-44 under the Incometax Act in respect of the business carried on by him at Madras. He also submitted returns under the Excess Profits Tax Act. He employed an auditor to discuss the matter with the Incometax Officer, and the enquiry was practically concluded, though the formal assessments were not made. After the death of Rangilal Jajodia the Incometax Officer altered the title for the assessment as 'Estate of the late Sri Rangilal Jajodia, represented by Sri Shankarlal Jajodia, son of...
Palvannam Pillai (Since Deceased) and ors. Vs. Ganpathy Ayyar Alias Sa ...
Court: Chennai
Decided on: Feb-01-1952
Reported in: AIR1954Mad179; (1952)IMLJ552
Venkatarama Ayyar, J.1. This Second appeal raises a question of some novelty and importance about the rights of members of the public to take funeral procession through public streets and pathways. The plaintiffs are the appellants. They are residents of a hamlet called Puthukudy Kallur which is attached to the village of Kodaganallur. The defendants are residents of this latter village. To the west of the hamlet of Puthukudy Kallur there is a road running north to south, marked Road No. 9-G in the plaint plan, Ex. P. 1. At a point in the said road marked X in Ex. P. 1 there is branch road running east and that is marked X. Y. Z. in the plan. This road passes through the streets in the village of Kodaganallur between the points X-1 to E E X-6 and at the point Y it turns southwards and leads on to the cremation ground on the banks of the river Tamraparni marked 'Z' in the plan. The plaintiffs allege that the main road 9-G and the branch road X, Y, Z, are public roads belonging to the Di...
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