Chennai Court January 1957 Judgments
The Indian Insurance and Banking Corporation Ltd., Salem, by Agent, T. ...
Court: Chennai
Decided on: Jan-25-1957
Reported in: AIR1957Mad610
Rajagopala Ayyangar, J.1. The point that is involved in this Letters Patent Appeal, which is directed against the judgment of the learned Chief Justice in Civil Misc. Appeal No. 306 of 1956 (A) is a very short one, namely, as to what passed to a purchaser under a court sale in execution of the mortgage decree in O. S. No. 117 of 1949 on the file of the Subordinate Judge of Salem.2. The appellant before us is the Indian Insurance and Banking Corporation Ltd,, Salem. This concern had lent to one Paramasiva Miidaliar Rs. 45,000 and Rs. 20,000 under two deeds of mortgage dated 11-8-1947 and 25-3-1948 respectively. The mortgagor borrowed this money in order to put up certain constructions on his land bearing municipal S. No. 222/B/1 in Salem for housing a cinema theatre. The mortgage of 1948 was a second mortgage on the same security and the description of the security which is relevant to this appeal ran in these terms:''......and the new tiled building thereon Municipal S. No. 222-B-1 tog...
Tag this Judgment!A. Muniswami Vs. T. Viswanatha Nair
Court: Chennai
Decided on: Jan-25-1957
Reported in: AIR1957Mad773
ORDERRamaswami, J.1. The point for determination in this application for stay is whether the bonus granted to a workman is exempt from attachment under Section 60(h) of the Code of Civil Procedure. .2 The facts are:-- T. Viswanatha Nair employed in VIMCO at Tiruvothivur filed a suit against Munuswami, the petitioner before us, for Rs. 400 odd. This Munuswami had been granted a bonus of about Rs. 200 by the West India Match Factory in which he was employed. This Viswanatha Nair filed an application for attachment before judgment and attached that sum. Munuswami has thereupon filed this revision petition and obtained an order of interim stay,3. In order to decide this controversy we must first of all find out the meaning of the terms 'wages' and 'bonus' as can be gathered from (a) standard lexicons, (b) various Acts, and (c) case-law on the subject,4. Meaning of the word 'Wages''. Webster (International Dictionary of English language 1927). 1. Pay given for labour, usually manual or mech...
Tag this Judgment!The Indian Insurance and Banking Corporation, Ltd., by Agent T.P. Gerv ...
Court: Chennai
Decided on: Jan-25-1957
Reported in: (1957)2MLJ256
Rajagopala Ayyangar, J.1. The point that is involved in this Letters Patent Appeal, which is directed against the Judgment of the learned Chief Justice in C.M.A. No. 306 of 1956 is a very short one, namely, as to what passed to a purchaser under a Court sale in execution of the mortgage decree in O.S. No. 117 of 1949 on the file of the Subordinate Judge of Salem.2. The appellant before us is the Indian Insurance and Banking Corporation, Limited, Salem. This concern had lent to one Paramasiva Mudaliar Rs. 45,000 and Rs. 20,000 under two deeds of mortgage, dated nth August, 1947 and 25th March, 1948 respectively. The mortgagor borrowed this money in order to put up certain constructions on his land bearing Municipal S. No. 222/B/1 in Salemfor housing a cinema theatre. The mortgage of 1948 was a second mortgage on the same security and the description of the security which is relevant to this appeal ran in these terms:.and the new tiled building thereon Municipal S. No. 222 -B-1 together ...
Tag this Judgment!A. Munuswamy Vs. T. Viswanatha Nair
Court: Chennai
Decided on: Jan-25-1957
Reported in: (1957)2MLJ400
ORDERRamaswami, J.1. The point for determination in this application for stay is whether the bonus granted to a workman is exempt from attachment under Section 60(A) of the Code of Civil Procedure.2. The facts are.-T. Viswanatha Nair employed in Wimco at Tiruvothiyur filed a suit against Munuswami, the petitioner before us, for Rs. 400 odd. This Munuswami had been granted a bonus of about Rs. 200 by the West India Match Factory in which he was employed. This Viswanatha Nair filed an application for attachment before judgment and attached that sum. Munuswami has thereupon filed this Civil Revision Petition and obtained an order of interim stay.-3. In order to decide this controversy we must first of all find out the meaning of the terms ' wages ' and ' bonus ' as can be gathered from (a) standard lexicons (b) various Acts and (c) case-law the the subject.Meaning of the word 'Wages'.4. Webster (International Dictionary of English Language, 1927). Pay given for labour, usually manual or m...
Tag this Judgment!Official Receiver of Salem Vs. Chinna Goundan and anr.
Court: Chennai
Decided on: Jan-24-1957
Reported in: AIR1957Mad630
Panchapakesa Ayyar, J.1. This is a petition by the Official Receiver. Salem, to revise and set aside the order of the District Judge Salem, in C. M. A. No. 33 of 1854, setting aside the order of the Subordinate Judge of Salem, allowing the petitioner's petition under Sections 4 and 53 of the Provincial Insolvency Act and setting aside the alienation by the insolvent in favour of the first respondent, Ghinna Goundan, for Rs. 200. I have perused the entire records and heard the learned counsel on all sides. The facts are briefly these. The insolvent had a right, under an agreement dated 9-2-1949, to purchase certain properties, mentioned, in Ex.-A-6, within two years from that date and, of course, the consequent right to enforce the agreement within three years from 9-2-1951, the expiry date. He conveyed his rights under the agreement to toe first respondent for Rs. 200 on 15-11-1950. The final Official Receiver filed a petition under Ss. 4 and 53 of the Provincial Insolvency Act on 13-3...
Tag this Judgment!N. Jeeyappa Iyengar Vs. T.N. Srinivasan and anr.
Court: Chennai
Decided on: Jan-24-1957
Reported in: (1957)2MLJ262
Ramaswami Gounder, J.1. This appeal arises out of a petition, O.P. No. 38 of 1954, filed by the present first respondent as the petitioner under Sections 9-A and 19-A of the Madras Act IV of 1938 for scaling down the amount due on a mortgage and for ascertainment of the amount due thereunder. The mortgage was one executed by respondent 5 in favour of respondent 1 in 1928 for a sum of Rs. 3,000. It was a possessory mortgage, and, having regard to the fact that the mortgagee was in possession of the hypotheca for over 25 years, on the date of the petition the mortgage would stand substantially discharged. The petitioner is the adopted son of the mortgagor, respondent 5, and he claimed to be an agriculturist. The first respondent who is the present appellant contested the petition on the ground that the petitioner was not an agriculturist, and, therefore, not entitled to the benefits of Act IV of 1938 as the petitioner and his father, respondent 5 ,were paying quitrent and jodi, over Rs. ...
Tag this Judgment!The Madras Mercantile Agencies Ltd. Vs. Raja Bommadevara Venkata Bhash ...
Court: Chennai
Decided on: Jan-23-1957
Reported in: AIR1957Mad670
Rajagopala Ayyangar, J.1. The petitioner before us, the Madras Mercantile Agencies Limited, obtained a decree is the Small Cause Court at Madras, against the Zaimindar of South Vellur. The estate of South Vellur has been taken over by Government and compensation therefor has been deposited with the estates Abolition Tribunal, Vizianagram, Thepetitioner, in execution of this small cause decree, filed an application for a prohibitory order directed to the Tribunal for the attachment of the share of the compensation money payable to the Zamindar. The execution petition was admitted and an interim order of attachment was passed and also a final order.Subsequent to that date, the Registrar of the Small Cause Court appears to have addressed a communication to the Chairman of the Estates Abolition Tribunal for the payment of the amount of Rs. 2,000, and odd, which was claimed in the execution petition. The Chairman appears to have pointed out in a D. O. letter addressed to the Registrar that ...
Tag this Judgment!The State of Madras Represented by the Collector of Ramanathapuram Vs. ...
Court: Chennai
Decided on: Jan-22-1957
Reported in: AIR1957Mad749
Rajagopala Ayyangar, J.1. This is an appeal by the State of Madras against the decision of the Estates Abolition Tribunal, Madurai in O. P. No. 361 of 1950.2. The transactions which gave rise to these proceedings were two leases by the Rajah of Ram-nad dated 31-8-1931 and 27-1-1932. Under these two leases, villages which are comprised in Schedules I and II were leased to two individuals, Meera Ambalam and Adamoose Ambalam, who were joint lessees under the two leases. In regard to the lease dated 31-8-1931, the annual rent fixed under it was Rs. 9000 while under the later it was Rs. 650. The lessor received, at the date of lease, the whole of the lease amount due for the entire period, viz., 20 years, the leases being timed to last for 1341 to 1360. The lessees were in enjoyment of the property leased and while so, under Act XXVI of 1948, a notification was issued on 13-8-1949 taking over the Ramnad Zamindari.It is common ground that after the date of the notification, the Government to...
Tag this Judgment!State of Madras, Represented by the Collector of Ramanathapuram Vs. O. ...
Court: Chennai
Decided on: Jan-22-1957
Reported in: (1957)2MLJ260
Rajagopala Ayyangar, J.1. This is an appeal by the State of Madras against the decision of the Estates Abolition Tribunal, Madurai, in O.P. No. 361 of 1950.2. The transactions which give raise to these proceedings were two leases by the Rajah of Ramnad dated 31st August, 1931 and 27th January, 1932. Under these two leases, villages which are comprised in Schedules I and II were leased to two individuals, Meera Ambalam and Adamoose Ambalam, who were joint lessees under the two leases. In regard to the lease dated 31st August, 1931, the annual rent fixed under it was Rs. 9000 while under the later it was Rs. 650. The lessor received, at the date of lease, the whole of the lease amount due for the entire period viz., twenty years, the leases being timed to last for 1341 to 1360. The lessees were in enjoyment of the property leased and while so, under Act XXVI of 1948, a notification was issued on 13th August, 1949 taking over the Ramnad zamindari. It is common ground that after the date o...
Tag this Judgment!K.S. Ramaswami Iyer Vs. S.V. Krishna Iyer and ors.
Court: Chennai
Decided on: Jan-21-1957
Reported in: AIR1957Mad431
1. This is an appeal against the Judgment of Mack J. in C. M. A. No. 415 of 1951. It arises out of certain proceedings before the Debt Conciliation Board. Kumbakonam. On 12th April, 1942, an agreement was reached between a creditor of the 13th respondent in E. P. No. 354 of 1949 on the file of the Subordinate Judge of Madurai and the 13th respondent, in and by which it was provided that a sum of Rs. 1140 should be paid to the creditor and the said amount was charged on property belonging to the debtor. Under Section 14(2) Of the Debt Conciliation Act, the said agreement was directed to be registered and it was accordingly registered on 18-1-1942. Under Section 14(2), on such registration, the agreement takes effect as if it were a decree of a civil Court and executable as such.2. The creditor, in whose favour, the agreement was made, assigned her rights to one Krishna Iyer, the contesting respondent in the appeal. The assignment in his favour was recognised In the Kumakonam Sub Court o...
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