Court : Chennai
Reported in : AIR1933Mad890; (1933)65MLJ630
..... of the suit and the proceedings; and if it should find that the suit was instituted owing to malice or bad faith by the next friend to wreak his vengeance against the adult coparceners and out of pure private spite, the court has got the remedies in its own hands. ..... it has been held by the privy council that partition in the case of an adult coparcener in a joint hindu mitakshara family is the severance of joint status, that it is a matter of individual volition, and that a definite and unequivocal indication of his intention by a member of such a joint-family to ..... could not on behalf of the minor coparcener communicate a similar intention on behalf of the minor to separate from the adult coparceners, if it is proved to be for the benefit of the minor so to separate. ..... minor's mother may accept a communication from the adult coparceners expressing their intention to separate from the minor ..... that being the law in the case of adult coparceners, what grounds are there to come to a different conclusion in the case of a minor coparcener, when the court is satisfied that partition is for ..... . but whether the plaintiff be an adult or a minor there is no distinction as regards the date from which divided ..... joint hindu family consists only of adult coparceners, without any minors. ..... further, in the case of an adult coparcener the filing of a suit for partition by such a coparcener has been held to bring-about severance in status, and also that the decree in such a suit works out severance as from .....
Tag this Judgment!Court : Chennai
Reported in : AIR1928Mad1285; 113Ind.Cas.306; (1928)55MLJ828
..... 13) dealing with the peculiarities of the shafi school of sunni muhammadans and quoting from the minhaj, a work dating from the 13th century of the christian era, he says:not only female minors, but adult women who are virgins may be disposed of irrevocably in marriage by the father or failing him by the paternal grandfather with or without their consent; but their consent is nevertheless considered desirable.4. ..... amir ali points out the distinction between the hanafi and the shafi law thus:among the shafis and malikis, although the consent of the adult virgin woman is as essential as among the hanafis and the shiahs to the validity of a contract of marriage entered into on her behalf, she cannot contract herself in marriage without the intervention of a wali. ..... tyabji - the former expressly and the latter impliedly - all the other text-writers that we have thus far exaxmined point out that the marriage of an adult virgin under the shafi law will not be invalidated by want of her consent, whereas, under the hanafi law, the woman's consent is necessary to render the marriage valid. ..... the late syed amir ali in his introduction to muhamimadan law cites minhaj as a shan work of repute but is himself quite definite as he remarks;among shafis and malikis, although the consent of the adult virgin is as essential as among hanafis and shiahs as to the validity of a contract of marriage entered into on her behalf, she cannot contract herself in marriage without the intervention of a wali.8. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1992Mad214; (1992)IIMLJ116
..... guardian not to be appointed for minor's undivided interest in joint family property -- where a minor has an undivided interest in joint family property and the property is under the management of an adult member of the family, no guardian shall be appointed for the minor in respect of such undivided interest: provided that nothing in this section shall be deemed to affect the jurisdiction of a high court to appoint a guardian in respect of such interest.' 11. ..... further, the above said : (1971)2mlj466 also pointed out thus: --'cases have also held that the management of the joint family and its affairs can be taken up not only by an adult male member of the family but also by a female member of the family like the mother. ..... that section says that where a minor has an undivided interest in joint family property and the property is under the management of an adult member of the family, no guardian shall be appointed for the minor in respect of such undivided interest. ..... 12 referring to the family property being inthe management of 'an adult member of the family' and not 'adult male member of the family'. ..... the section does not say that the adult member could only be a male member. ..... , and holds that the expression 'adult member' would refer to both male and female and the term 'management' referred to therein does not mean management as kartha, but management in general.5. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1929Mad275
..... this rule by its wording gives a discretionary power to the court and that discretion has been usually exercised as follows : if there is already some adult on the record, for example, the manager of the joint family who does adequately represent the estate and its interests, the mere omission to appoint a guardian for the ..... we would extend this principle a little further and hold that, where there is on record in the execution petition an adult legal representative who ought to have come forward and requested notice under rule 22 and did not, he still sufficiently represents the estate, and no further notice is necessary to him ..... are to be applied to a case like the present where the legal representatives were on the record all the time representing the estate, and one of them was an adult, capable, if he had chosen, of looking after the interests of the estate. ..... in these circumstances, tht sale was held with one adult member of the family, who had not been personally served with notice under order 21, rule 22, and two minor members without a guardian on the record, and the question is ..... apparently they knew that the deceased had left an adult son, defendant 15, who, they would have learnt on the slightest enquiry, was also a party to ..... defendant 15 then being on the record and an adult and so capable of representing the estate the only question remaining is point (c) whether there was any breach of the statutory law in not having a fresh guardian ad litem appointed for his minor .....
Tag this Judgment!Court : Chennai
Reported in : (1918)35MLJ473
..... instead of resting their decision on the provisions of sections 247 and 248 of the contract act they decided, as i read their judgment, independently of those provisions that an adult member of a hindu trading family who left the business to be managed by his elder brother and never repudiated his interest in it must be held personally liable for the debts properly incurred by the ..... , who delivered the judgment of the court dealt with the question how far the managing member's contracts make the other adult members personally liable, and decided that they did on grounds altogether independently of the provisions of sections 247 and 248 which were ..... property is not liable for such debts) does that same limitation on lability apply also in favour of the adult male members of the family partnership provided they do not take active part in the conduct of the ..... of the contract act directly applied or whether the principle of that section could bs applied to hindu family trading firms or whether there should be active carrying on of trade even as regards an adult member of the firm in order to make him personally liable and whether the 2nd respondent did actively carry on such trade after he became an adult have not expressly been dealt with in the learned judge's judgment ..... further inclined to doubt the correctness of the decisions quoted to us that the personal liability of th,e adult male members in a joint family partnership depends on their being proved to have taken an active part .....
Tag this Judgment!Court : Chennai
Reported in : 1996CriLJ3800
..... desirable it is to pen down a common judgment in all these appeals, in as much as the evidence recorded in separate trials against the adult accused and the juvenile accused is one and the same and no prejudice is likely to be caused by rendering a common judgment in these appeals, in as much as we are going to consider the evidence already recorded and give finding thereon. 10. ..... after committal, the case against the adult accused, namely, accused 1 to 4 and 6 to 8 was taken on file as s.c. no. ..... the deceased dasan, as well as the adult accused and the juvenile accused hail from the seene village. ..... (a) when questioned as respects the charges framed against each of the adult accused 1 and 5 under ss. ..... 24 of 1986, as against the adult accused (accused 1 to 4 and 6 to 8) and p.r.c. no. ..... on trial of the adult accused, accused 1, was found guilty under s. ..... 12(a) the prosecution, in proof of the charges so framed against the adult accused (in s.c. no. ..... the adult accused 1 to 4, aggrieved by their conviction and sentence, preferred c.a. no. ..... the trial, as against the adult accused in s.c. no. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1966Mad111
..... another important principle to which expression has been given in the decision aforesaid in 1948-2 mad lj 331,: (air 1949 mad 173), is that when once there is proof that a coparcener (whether an adult or a minor through his guardian) has communicated his intention to divide unambiguously to other coparceners and severance of status has resulted thereupon, it is not open to him to withdraw the intention and nullify ..... authority in india that a suit for partition on behalf of a minor coparcener is maintainable in the same manner as the one filed by an adult coparcener, with this difference, that when the plaintiff is a minor, the court has to be satisfied that the action has been instituted for his ..... the foregoing paragraphs shows that it is not necessary to merge the communication of an intention to divide on the part of a coparcener, whether adult or a minor, to the other coparceners, in the filing of a suit for partition, though they may take place at the same time ..... 1918 mad 379), held that the institution of a suit by the next friend of a minor, has not the same effect as the institution of a similar suit by an adult member of the family, and that separation only takes place when the suit is decreed. ..... the filing of a suit for partition on the one hand and the severance in status, brought about in that process, by the unequivocal expression and communication of an intention to divide, whether by an adult coparcener or by the next friend of a minor on the other, are distinct concepts. .....
Tag this Judgment!Court : Chennai
Reported in : [1999]240ITR599(Mad)
..... , 'partner' according to the partnership deed meant only major partners, according to the tribunal, when clause 12 provides that the loss should be shared by the partners, the loss of the assessee-firm should be borne by the adult partners and the minor who was admitted to the benefits of the partnership was not liable to share the loss. ..... a fair reading of the document above mentioned clearly indicates that the losses should be shared only by the adult partners and the minor who was admitted to the benefits of the partnership was not made to bear the loss. ..... in the light of the above provisions of the deed, clause 12 has to be construed and if clause 12 is so construed in the light of the provisions of the deed, the losses as ascertained would be shared only between the three adult members and there is a clear specification of the shares of the losses by the three partners. ..... therefore, we are of the view that the sharing of the losses by the adult partners is made explicit and clear in the instrument of partnership. 11. ..... in sub-paragraph 3 of the partnership deed, it is clearly stated that the adult members would be the partners. ..... the instrument of partnership also clearly specifies the manner of division of losses among the three major and adult partners. .....
Tag this Judgment!Court : Chennai
Reported in : [1985]154ITR466(Mad)
..... the learned counsel for the revenue submitted that a partnership as in this case between the karta of the undivided hindu family and two of is adult coparceners, would cut at the very vitals of the notion of a joint undivided family, as they cannot, at the same time, be both coparceners and partners with reference to the partnership and its members and that such ..... 1961 (hereinafter referred to as 'the act'), refusing registration on the ground that no partition had taken place in the family, that the action of the two adult members in becoming partners was detrimental to the interest of the joint family, that the family contribution towards capital was rs. ..... members and, therefore, the question that has to be considered is whether a valid partnership can be constituted among the members of the undivided a hindu family with the capital contribution out of the separate earnings of two adult members and also with the contribution karta from out of the funds of the huf. 3. ..... 37,000, while the capital brought in by the adult sons was negligible and further that the formation of the partnership was against the principles of ..... in this case applied for registration of the firm consisting of a father and two adult sons and carrying on business in plantains. ..... 1, 1973, on the strength of which registration was claimed, the father, sri mariappa muthiriyar, was carrying on business in plantains, such business having been conducted on behalf of the huf consisting of himself and his two adult sons. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad563; (1954)IMLJ102
..... advocate general conceded that there was necessity to revise the territorial divisions of the municipality on the basis of the adult franchise, but contended that the elections already held cannot be deemed to be void because the revision had not been ..... of the class for which the reservation is made are allowed to vote at an election for that seat, such persons would also have two votes, namely, a vote in the general constituency on the basis of adult franchise and another vote as a member of the class for which reservation has been made. ..... b might have each had about 5000 voters who had minimum qualifications, but when the qualifications were abolished and adult franchise came into force the number of voters in a might far exceed the number of voters in b. ..... of india act, 1935, it is well known that there was no adult franchise and there were many qualifications for inclusion in the electoral roll. ..... it was only when the constitution came into force and adult franchise was introduced and there was a consequent change in the electoral roll for the constituency of the madras legislative assembly that disparity arose in the voting strength of the several divisions of the municipality ..... one other objection raised by the appellant was that after adult franchise had been introduced by the constitution the number of voters in the various territorial constituencies varied enormously and elections held on the basis of the such unequally distributed constituencies offended against the provisions .....
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