Chennai Court October 1953 Judgments
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R.M.S. BenjamIn Vs. Devadoss and ors.
Court: Chennai
Decided on: Oct-06-1953
Reported in: AIR1955Mad245; (1954)IMLJ537
Krishnaswami Nayudu, J.1. This appeal arises out of a suit for redemption. There was a usufructuary mort-gage under a registered document dated 24-8-1892 for a sura of Rs. 31-8-0 in favour of Jacob and Mariammal. The mortgagees who were in possession usufructuarily sub-mortgaged their rights in favour of one Marivel Servai for the same sum of Rs. 31-8-0 by a deed dated 21-8-1910 duly executed and registered. As sub-mortgagee Marivel Servai was in possession. In execution of a money decree obtained against Marivel Servai by the second defendant, the mortgage rights of Marivel Servai which he obtained under the deed dated 21-8-1910 were brought to sale and the first defendant purchased the property in court auction and took delivery of possession. The first defendant therefore became entitled to the mortgagee's rights in the usufructuary mort-gage dated 24-8-1892.The plaintiffs as representatives of the original mortgagors, instituted O. S. No. 504 oi 1946 for redemption. The prayer for ...
Indian Leaf Tobacco Development Co. Ltd. Vs. Council, Corporation of M ...
Court: Chennai
Decided on: Oct-06-1953
Reported in: AIR1954Mad541; [1954]24CompCas83(Mad); (1954)IMLJ176
1. This is a reference under Rule 17 of Schedule IV of the Madras City Municipal Act. The question referred is whether a company called the Indian Leaf Tobacco Development Co., Ltd., is liable to pay company tax to the Corporation of Madras for the six half years commencing from the first half year of 1943-47. The Corporation claimed tax at the rate of Rs. 1000 for each half year on the ground that the paid up capital of the company exceeded Rs. 20,000,00, The company appears to have taken up the extreme position that they were not liable to pay any tax at all evidently on the ground that they were not transacting any business within the city. The learned Chief Judge of the Court of Small Causes held that the company must be deemed to have been transacting business in the City during the concerned half years but he held that the company was not liable to pay company tax.2. To understand the scope of the reference it is necessary to refer to certain provisions of the City Municipal Act....
In Re: Periaswami Goundan
Court: Chennai
Decided on: Oct-06-1953
Reported in: AIR1954Mad810
1. This is a civil revision petition, which is sought to be filed against I. A. No. 1685 of 1952 in O. S. No. 586 of 1950 on the file of the District Munsif of Erode.2. The facts are : O. S. No. 586 of 1950 has been filed by one Karuppa Goundan against Umal Malaya Goundan and three others. This Umai Malaya Goundan is a deaf-mute. The plaintiff filed an application for the appointment of a guardian-ad-litem under Order 32, Rule 15 C. P. C. It was resisted on the ground that Umai Malaya Goundan has been leading a family life with a wife and child and that he is eking out his livelihood by grazing cattle and doing farm work and that he is quite capable of managing his family affairs and that therefore a guardian-ad-litem need not be appointed.On the other hand, the elaborate enquiry held by the learned District Munsif revealed two sets of facts. In regard to the properties of this Umai Malaya Goundan several documents have been executed on his behalf by a guardian or his wife has been ass...
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