Court : Chennai
Reported in : (1882)ILR6Mad41
..... costs as against both respondents on the ground that no suit could be maintained to recover back money paid in satisfaction of a decree. petitioner applies for our interference under section 6221 of the code of civil procedure, and contends that he was entitled to a decree against both respondents or, at all events, against the first respondent. this petition was ..... full bench of viraraghava v. subbakka i.l.r. 5 mad. 397.2. the present suit falls, like the referred case, to be decided under act x of 1877 as it stood before the amendment act of 1879 was passed. in that case the value of grain delivered and accepted in satisfaction of a decree but not certified to the court was ..... hitherto incurred by both parties will be costs in the cause.1 power to call for record of cases decided by small cause courts or, an appeal, by subordinate courts.[section 622 : the high court may call for the record of any case in which no appeal lies to the high court, if the court by which the case was decided .....
Tag this Judgment!Court : Chennai
Reported in : (1896)6MLJ341
..... with ancient facts of a public nature, provided it is an approved, public and general history (taylor on evidence, vol. ii, page 158). it is provided by section 57 of the indian evidence act that on all matters of public history, literature, science or art, the court may resort for its aid to appropriate books of reference. the manual in, question ..... times and under all circumstances. he was also bound to pay a fixed annual tribute, to supply and keep in readiness a quota of troops for the governor's army and to keep the governor's peace over a particular tract of country. and in consideration of his promise to perform these and other services, a grant was made ..... palayam may be divided.' it appears, however, that chinnavobala, the playagar of 1822, was only 15 years old when he forwarded exhibit vii and that the document was not acted upon in o.s. no. 1 of 1856, so far as it stated that females were altogether excluded from succession. the youth of chinnavobala nayak is clearly not a valid .....
Tag this Judgment!Court : Chennai
Reported in : (1891)ILR14Mad223
1. the petitioners, who are members of a body known as the salvation army, have been convicted under section 71, clauses xi and xv of the madras city police act, and have been sentenced to pay fines. the case was tried summarily by the magistrate, and there has been, so far as we can see, no evidence recorded in the ..... case.2. the magistrate was not bound, under sections 263 and 362 [in cases where no appeal lies, the magistrate orrecord ..... in the case of a conviction, a brief statement of the reasons there for;(i) the sentence or other final order; and(j) the date on which the proceedings terminated.][section 362--in every case in which a presidency magistrate imposes a fine exceeding two-hundred rupees, or imprisonment for a term exceeding sixrecord of evidence in months, he shall either .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad26
..... august 1891 and is still a minor. if she was the sole representative of chanda mean her suit would be saved from limitation by section 7 of the act; and the effect of section 8 of the act is to save the bar in the case of the other plaintiffs also, inasmuch as they are joint claimants with the third plaintiff ..... or indian law, an apportionment takes place on a transfer of property in several shares vide twynam v. piokard 2 b. & all. 105 section 37 transfer of property act, and section 30 of the indian easements act), nor to claims to realty, nor to cases in which the covenantees are tenants in common. a question similar to the one now under consideration ..... and whether, as between those several persons, the right is a joint one with right of survivorship or a several one according to their respective interests. section 7 of the limitation act applies to cases in which the right of suit resides either in one person singly or in several persons jointly. in the former case, only one individual .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad402
..... that it was not the intention of the legislature by adding the words 'or by any law passed by the governor-general of india in council' to section 136 of the army act to make section 266 of the code of civil procedure applicable to a military officer.8. in considering the construction to be placed upon these words it is important to bear ..... appeal from an order of boddam, j., dismissing an application for the attachment of a moiety of the pay of a major in the indian staff corps.2. the army act of 1881, section 151 (3) provided: 'a civil court or court of small causes, upon adjudging payment of any sum by any person subject to military law other than a soldier ..... soldier of his majesty's regular forces shall be paid without any deduction other than the deductions authorized by this or any other act or by any royal warrant for the time being.'4. in 1895, section 151 of the army act of 1881 was repealed and the words 'or by any law passed by the governor-general of india in council' were added .....
Tag this Judgment!Court : Chennai
Reported in : (1902)12MLJ208
..... in sheppard's abridgment. i may here refer to the definition of ' 'tolls' given in the indian tolls (army) act ii of 1901, section 2(h) which, while more comprehensive than 'toll' referred to as such in madras act 1 of 1884, expressly excludes customs-duties and octroi-duties or town-duties on the import of goods.15. the ..... stores or any other government property. the exemption can only relate to tolls leviable as such under section 170 of the act, and they are specified in schedule d. i do not advert to the amendment of that section by the indian tolls (army) act (ii of 1901) as the amendment does not affect the question under consideration. the duty leviable ..... under section 341 is not for the passage of timber or firewood, within the meaning of section 174, but for importing the same into the city, the .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad457
..... in sheppard's 'abridgment.' i may here refer to the definition of 'tolls' given in the indian tolls (army) act ii of 1901, section 2 (h), which, while more comprehensive than 'tolls' referred to as such in madras act i of 1884, expressly excludes customs-duties and octroi-duties or town-duties on the import of goods.15. the ..... stores or any other government property. the exemption can only relate to tolls leviable as such under section 170 of the act and they are specified in schedule d. i do no advert to the amendment of that section by the indian tolls (army) act (ii of 1901) as the amendment does not affect the question under consideration. the duty leviable ..... under section 341 is not for the passage of timber or firewood, within the meaning of section 174, but for importing the same into the city. the .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad431
..... above reasons inapplicable to an application for execution presented by decree-holders, the only question which has now to be considered is whether with reference to section 7 of the limitation act, the application is or is not barred under article 179.19. the first question which presents itself upon the facts of this application is the determination ..... discharge, as held in seshan v. rajagopala i.l.r. 9 calc. 831 and zamir hasan v. sundar i.l.r. 20 mad. 461. under section 258, civil procedure code, the act of the court simply consists in recording satisfaction, if the decree-holder or decree-holders certify to the court payment to them out of court or if such ..... had attained majority less than three years before the application.3. the first question for determination is--are joint execution-creditors 'joint creditors' within the meaning of section 8 of the limitation act? in my opinion they are not. this view has been adopted by all the high courts. see seshan v. rajagopala i.l.r. 13 mad. .....
Tag this Judgment!Court : Chennai
Reported in : (1902)12MLJ166
..... the above reasons inapplicable to an application for execution presented by decree-holders, the only question which has now to be considered is, whether with reference to section 7 of the limitation act, the application is or is not barred under article 179.20. the first question which presents itself upon the facts of this application is the determination of ..... and as ho was a minor when the decree was passed, and when the last application for execution was made, ho is entitled to the benefit of section 7 of the limitation act, and can apply for execution within three years of attaining majority;' and they held that the reasoning in perry v. jackson 4 t.r. 579 did not ..... had attained majority less that three years before the application.3. the first question for determination is--are joint execution-creditors 'joint-creditors' within the meaning of section 8 of the limitation act.'4. in my opinion they are not. this view has been adopted by all the high courts. see i.l.r. 13 m. 236 i.l.r .....
Tag this Judgment!Court : Chennai
Reported in : 1Ind.Cas.22
..... state of mind of the speaker with reference to the object matter of the other speeches. this principle is recognised in illustration (e) to section 14 of the indian evidence act and has been acted on, in cases of prosecutions for sedition in all the other high courts in india. such evidence was held admissible in the case of ..... , not to accept on certain conditions, unless it is given to you free of all conditions. the more handing over by the englishmen of the control of the army and finance of the country is of no use. the moderates would be very willing to accept this. if there be any conditions, it would not be considered ..... the language employed in those speeches indicates that the intention of the speaker was to bring into hatred or contempt, or to excite disaffection towards the government. in connection with section 124a, indian penal code, mr. mayne observes (criminal law of india, iii edition, paragraph 295, page 522) 'in estimating the natural consequence which will flow from .....
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