Chennai Court April 1953 Judgments
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Nagappa Chowdry and anr. Vs. Rangaswami Chetti
Court: Chennai
Decided on: Apr-07-1953
Reported in: AIR1954Mad475
Ramaswami, J.1. This is a civil revision petition which has been filed against the order of the learned Judge of the Court of Small Causes, Madras, in M. P. No. 8136 of 1949 in suit No. 3174 of 1948.2. The facts are: Nagappa Chowdry and Natesa Chowdry executed a promissory note for Rs. 600 on 1st June 1947 in favour of one Govindammal. This Govindammal assigned that promissory note for valuable consideration on 27th January 1948 in favour of the plaintiff Rangaswami Chetti. On the foot of that promissory note he filed a suit and the following step was taken. The return Ex. P. 4 states that the ladies in the house Informed the serving officer that the defendants who are residents of Kannampalayam village had gone to Madavakkam, two miles away, and it was not known when they would be coming back and therefore the summons were affixed on the outer-door of the house. Then the court ordered fresh summons by registered post and the registered covers were returned with the endorsement that th...
In Re: Killi Suryanarayana Naidu
Court: Chennai
Decided on: Apr-06-1953
Reported in: AIR1954Mad278
ORDERRamaswami, J. 1. This civil revision petition has been filed against the order made by the learned District Munsif of Srikakulam in I. A. No. 693 of 1952 in O. S. 207 of 1952.2. The facts are: The defendants in this suit sent a petition to the Taluk Supply Officer, Amadalavalsa, dated 10-2-1951 attributing black marketing activities to the plaintiff Killi Surva-narayana Naidu, the petitioner before us. Thereupon a confidential departmental enquiry had been held apparently to find out whether there was any substance in the allegations so that in the event of there being no substance in the petition the matter might be dropped or in the event of there being any substance action might be taken by a complaint being laid before the Police. We do not know the fate of this enquiry. This plaintiff thereupon has filed the suit Order 8. No. 207 of 1952 for defamation and recovery ot damages of Rs. 1000.3. This plaintiff summoned for the statements made by the defendants on 19-2-1951, 21-2-1...
Manuri Venkata Ramana Rao, Minor by Mother and Next Friend Manuri Rukm ...
Court: Chennai
Decided on: Apr-06-1953
Reported in: AIR1954Mad246; (1953)IIMLJ520
1. This appeal arises out of an application under Section 19, Madras Agriculturists' Relief Act, 4 of 1938 for ascertaining the amount due to the petitioner as scaled down according to the new provisions, inserted by Section 25A of the Act. The learned Subordinate Judge has found that though the amount has to be ascertained in accordance with the provisions of the Act, the payment of Rs. 3740 on 6-12-1941 should not be taken into consideration only as payment towards interest due. Hence this appeal.2. On 26-5-1935, the appellant executed a simple mortgage in favour of respondent 1 for Rs. 6000 with interest at ten annas per mensem compoundable once in three years. While the mortgage was subsisting, on 6-12-1941 the appellant paid a sum of Rs. 3740 and made an endorsement of that payment on the document which is marked as Ex. B. I(a), and it is in following terms :'6-12-1941. Towards the interest due under this deed of mortgage without possession the amount paid in cash this day through...
Prodattur Municipal Council, Represented by Its Executive Authority, t ...
Court: Chennai
Decided on: Apr-06-1953
Reported in: AIR1954Mad479; (1953)2MLJ614
Ramaswami, J. 1. This is a batch of civil revision petitions which have been filed against the order made by the District Munsif of Prodattur that the Collector is neither a necessary nor a proper party in several suits in which he was sought to be impleaded as a party-defendant.2. The suits have been filed by certain residents of Prodattur against the Prodattur Municipality which has booked them in regard to certain encroachments on road margins as per survey under the Madras Survey and Boundaries Act. These residents have filed these suits for declaration of their title in respect of those lands forming the subject-matter of encroachment and eviction notices and for an injunction against the Municipality from disturbing their possession. The Municipality contended that these properties were vested in the municipality only for municipal purposes and that the grant of a declaration of title to the plaintiffs materially affects the right of the real owner, the Government, and that the G...
Official Assignee of Madras Vs. A.P. Subramania Mudaliar and ors.
Court: Chennai
Decided on: Apr-06-1953
Reported in: (1953)2MLJ272
ORDERPanchapakesa Ayyar, J1. This is a petition by the Official Assignee, Madras, for orders declaring that respondents 2 and 3 have no manner of right to the amount Rs. 3,132-0-0. deposited in C. S. No. 132 of 1952, on the file of this Court, and that the applicant alone is entitled to the same, and for an order permitting the applicant to draw out the said amount of Rs. 3,132-0-0.2. The facts were briefly these. The Official Assignee is in charge of the properties of the insolvent, and the insolvency petition was admitted on 12-12-1952. Respondent 3 filed O. S. No. 6G2 of 1952 against the insolvent and obtained attachment before judgment of a house of the insolvent (who had not become an insolvent by then) subject to a mortgage. He got a decree in that suit, for Rs. 9,265/- or so, on 23-7-1952, and the interim attachment was made absolute on 23-7-1952. At the instance of the mortgagee of the house, the auctioneers, Murray & Co., sold the house. After discharging the mortgagee's dues,...
The President, Hindu Religious Endowments Madras Vs. Venkatarama Ayyan ...
Court: Chennai
Decided on: Apr-02-1953
Reported in: AIR1954Mad65; (1953)2MLJ357
Govinda Menon, J.1. There were proceedings before the Hindu Religious Endowments Board for the determination of the question as to whether the endowments standing in the name of Sri Gunaseelam Prasanna Venkataehalapathi Perumal Purattasi Radhothsavam Samaradhanai, is a religious endowment as defined in the Act and whether it is a 'specific endowment' attached to the said temple. The Board came to the conclusion that the entire endowment is religious in character and as such it is a religious endowment within the meaning of Section 9 (11-A) of the Act, namely, that it is a specific endowment by which property or money is endowed for the performance of any specific service or charity in the temple. Against the decision of the Hindu Religious Endowments Board, the managers of the Kattalai applied to the District Court of Tiruchirapalli under Section 84 (2) of the Act for setting aside the order of the Board and the learned District Judge held that the endowment did not come within the def...
Appana Veeraraghavamma Vs. Chandalada Padmaraju
Court: Chennai
Decided on: Apr-02-1953
Reported in: AIR1954Mad93; (1953)2MLJ308
Mack, J. 1. The appellants are three alienees from the insolvents. Their alienations have been set aside by the learned District Judge of East Godavari as fraudulent preferences under Section 54 of the Provincial Insolvency Act, on applications filed by a decree-holder creditor, admittedly to the tune of about Rs. 30,000. The Official Receiver declined to move the court to set aside the alienations, and the petitioner had no option but to apply to the Insolvency Court. There were altogether six alienations set aside by the learned DistrictJudge on six different applications filed, in a common order. 2. The insolvents were adjudicated on 27-1-1947 on a creditor's application filed on 5-11-1945. (After dismissing C. M. A. No. 234 of 1950 the judgment proceeded): 3. C. M. A. No. 324 of 1950 raises an interesting point of law for determination. In this case the alienee appellant was a creditor under a pronote, Ex. B. 24 dated 25-8-1943 for a sum of Rs. 2500. On 20-7-1945 he took a sate und...
M.S. Madhava Rao and ors. Vs. D.V.K. Surya Rao, Member of the Pithapur ...
Court: Chennai
Decided on: Apr-02-1953
Reported in: AIR1954Mad103; (1953)IIMLJ340
1. W. P. Nos. 632 of 1951 and 79 of 1952 : These petitions were referred to a Full Bench as conflicting views were expressed regarding the interpretation of the expression "disputes touching the business of a registered society" occurring in Section 51, Madras Cooperative Societies Act (6 of 1932), particularly in two unreported Bench decisions of this Court.2. W. P. No. 632 of 1951 is the main petition and W. P. No. 79 of 1952 is consequential and the decision in the former will govern the decision in the latter also.3. The dispute relates to the election of directors of the Pithapuram Co-operative Bank Ltd., by its general body. The Bank was registered as a Co-operative Bank under the Co-operative-Societies Act (Central Act 2 of 1912). A copy of its bye-laws hag been filed in these proceedings and marked as Ex. A. Though the Bank was registered under the Central Act, it is deemed to be registered under the Madras Co-operative Societies Act (6 of 1932) and its bye-laws shall so far as...
Bogi Arijisah Vs. Kanniappa Mudaliar
Court: Chennai
Decided on: Apr-02-1953
Reported in: AIR1954Mad266; (1953)2MLJ477
Rajamannar, C.J.1. In my opinion, the courts below were right in holding that this case is covered by the principle enunciated in the Full Bench decision of this Court in -- 'Nagendran Chettiar v. Lakshmi Animal', AIR 1933 Mad 583 (A). The contest in this case is between two auction-purchasers in execution of two mortgage decrees. The respondent-plaintiff's claim is based on a purchase in execution of a decree obtained on a mortgage of the year 1921, whereas the appellant-defendant's claim is based on his purchase in execution of the decree which he himself obtained on a subsequent mortgage of 1922. To the suit on the first mortgage, the second mortgagee was not made a party. To the suit on the second mortgage which was brought by an assignee from the original mortgagee, the person representing the purchaser in the court auction in execution of tha first mortgage decree was 'eo nomine' a party as the fourth defendant. Actually, the District Munsif who tried the suit expressly declared ...
Subbia Goundan Vs. Ramaswami Goundan and ors.
Court: Chennai
Decided on: Apr-02-1953
Reported in: (1953)2MLJ766
Satyanarayana Rao, J.1. This matter was referred to a Full Bench by Govinda Menon and Krishnaswami Nayudu, JJ., as the learned Judges felt that there were 'conflicting decisions regarding the interpretation of Section 37 of the Provincial Insolvency Act and that the conflict should be resolved by a Full Bench. From the order of reference, it is not clear whether the case itself is referred to the Full Bench or only the question on which there are conflicting decisions in this Court. We, however, understand the order of reference to be restricted only to the decision of the question on which there are conflicting opinions in this Court.. The arguments before us, therefore, were restricted only to the single question concerning the proper interpretation of Section 37 of the Provincial Insolvency Act. It has, however, to be observed at the outset that pointed attention of the learned Judges was not drawn to the decision of a Full Bench of three Judges which considered the question on a re...
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