Court : Chennai
Reported in : 55Ind.Cas.660
..... . the subordinate judge has not discussed the real question for decision, apparently as the arguments in the court below were not directed to it. he has referred to section 65 of the contract act and has held that, as the contract has become void, the promisee is entitled to the refund of the moneys paid under it. there can be no doubt ..... ) 2 doug. 781 : 99 e.r. 497; anderson v. fitzgerald (1853) 4 h.l.c. 484 : 17 jur. 995 : 10 e.r. 551 : 49 r.r. 202; goldstein v. salvation army assurance society (1917) 2 k.b. 291 : 86 l.j.k.b. 793 : (1917) w.c. & i. rep. 192 : 117 l.t. 63; moses v. pratt (1815) 4 camp. 297 ..... has paid. halsbury's laws of england, volume xvii, page 558. the subordinate judge was of opinion that plaintiff was entitled under section 65 of the contract act to a refund of the premium paid by his mother, but section 65 applies only to cases where the agreement is discovered to be void or the contract becomes void at law for any of .....
Tag this Judgment!Court : Chennai
Reported in : 54Ind.Cas.177
..... defendants' family regarded themselves as trustees of a public institution and not as owners of a private temple. one other fact which was not disputed is that a large section of the public have been worshipping this deity.16. as against these circumstances mr. srinivasa aiyangar referred us to some fact, which, he contended, were not consistent ..... are not inconsistent with their powers being limited to those just referred to. the effect of opinions expressed as to private ownership is also discounted by proof of acts and conduct on the part of strangers, which are inconsistent with such a view being held.28. certain facts in connection with the temple and the worship ..... apparently realises the importance of this fact, but gets over it by saying that this belief in the minds of the people was not brought about by any act or omission on the part of lakshmana goundan and his heirs. the learned judge apparently thinks that there is no estoppel against lakshmana goundan. with all deference i .....
Tag this Judgment!Court : Chennai
Reported in : 68Ind.Cas.352
..... the instrument cancelled became known to her. (though the third column of the article 91 uses tin word 'plaintiff,' the ' plaintiff' includes his predecessor. see definition given in section 2 of the limition act). therefore, time began to run in this case as soon as the facts were known to the late rajah the suit is again hopelessly barred even if we ..... influence has no relevancy on the question of limitation unless, of courses it, could be brought under the heading of fraud so as to attract the operation of section 18 of the limitation act. it was, however, argued that in sri kishan lal v. kashmiro 34 ind. cas. 37 their lordships of the privy council expressed sash an opinion. i do not ..... almost in the position of a bequest. now, if a is said to be in a position to exercise undue influence over b, according to indian law (see section 16 of the contract act) a must be in a position to dominate the will of b. if when in such a position of dominance, he uses it to obtain an unfair advantage .....
Tag this Judgment!Court : Chennai
Reported in : (1922)ILR65Mad716
..... only plaintiff's right to sue in one court or another, although it is true that it is before us in that form. our conclusion will determine further whether section 6, estates land act, regulates his relation with defendant, his tenant; and, if we hold that plaintiff is a landholder, defendant will be able to plead that he has a permanent ..... inam grant of a portion of a village with both varams on a permanent kattu-badi, is the grantee a landholder within the meaning of section 3, clause (5) of the madras estates land act?16. before referring this question, the two learned judges who referred it considered the language of the grant and decided that it was not a ..... post-settlement inam grant of a portion of a village with both varams on a permanent kattubadi, is the grantee a landholder within the meaning of section 3(5) of the madras estates land act?21. the appeal in which this question arose is against the decree of the temporary subordinate judge of cocanada, who reversed the decree of the .....
Tag this Judgment!Court : Chennai
Reported in : (1923)45MLJ125
..... appellant, president of the district-board, forbidding him to collect tolls, he basing his prohibition on his interpretation of the army act under which he decided that no toll was payable in respect of carts carrying supplies for the army. the respondent complied with the order which the appellant had issued, and in due course brought a suit for damages ..... 1921). it is suggested that the court that had heard the case had no jurisdiction by reason of section 6 of the tolls act xxi of 1901. by that section provisions are made for compensation to certain persons who sustain loss by reason of that act. it is argued that loss had been sustained by the present respondent by reason of that ..... one of the suits set out in the second schedule to the provincial small cause courts act, ix of 1887. the article of that schedule relied upon is article 19 - 'a suit for a declaratory decree not being a suit instituted under section 283 of the code of civil procedure.' i agree that if the case is really a .....
Tag this Judgment!Court : Chennai
Reported in : AIR1923Mad689; 74Ind.Cas.223
..... 73 of 1921). it is suggested that the court that had heard the case had no jurisdiction by reason of section 6 of the tolls (army) act ii of 1901. by that section provisions are made for compensation to certain persons who sustain loss by reason of the act. it is argued that loss had been sustained by the present respondent by reason of that ..... act. it is not at all so. even if it were so, that section does not, in my judgment, exclude the ..... is one of the suits set cut in the second schedule to the provincial small cause courts act, ix of 1887. the article of the schedule relied on is article 19 'a suit for a declaratory decree not being a suit instituted under section 283 of the civil procedure code.' i agree that if the case is really a case for a declaration .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad397; 75Ind.Cas.760
..... which the drainage or the sewage water might be allowed to flow could be taken into consideration in assessing the penalty. the position is just the same under section 129 of the madras act, xiv of 1920, with which i am now dealing.4. i must, therefore, hold that the magistrate was wrong in acquitting the accused on the ground he took ..... to have seme place in his own premises to collect and retain the sewage water and either with the help of the taluk beard or the union board under section 127 of the act or by some other means, see that it is disposed of so that it does not cause nuisance to the neighbours.3. a similar question had to be ..... to construct such a channel and as they have not done so, the accused must be acquitted.2. now, my attention has not been drawn to any section in the madras local boards act which imposes upon the union any obligation to construct a drain or cesspool in every street, though ordinarily one would expect that such a work would be done .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad494; 79Ind.Cas.144; (1924)46MLJ415
..... execution had been dismissed for default.43. i may add that the same question has since been argued before me with reference to section 9 of the presidency towns insolvency act. under that section, an act of insolvency is committed where any part of a man's property has been attached in execution of a decree for over 21 days ..... attachment before judgment is such that its conversion into an attachment in execution is impossible, such impossibility exists equally for the purpose of section 63, c. p. c, and article 11 of the limitation act as for order 21, rule 57. unless there is a clear indication to the contrary in one or more of these provisions, ..... execution and to property attached before judgment, and it was thought that the legislature could not have intended in the process of removing a section from the code of civil procedure to the limitation act to extend the limitation period. the court, however, was driven to the conclusion that it had done so, but confined the extension within .....
Tag this Judgment!Court : Chennai
Reported in : AIR1925Mad497
..... . vaithilinga mudaliar (1917) 40 mad. 846 the adoption was followed by possession. the father of defendants 1 and 2 might have brought a suit for a bare declaration under section 15 of act viii of 1859 which was in force till 1871; but it was not obligatory for him to do so. it was a contingency whether his right would materialise or ..... no competent person to govern the e state that pratapa singh was installed by if the people. according to exhibit b-141 he was raised to the throne by the army and the chief men in the state. the following e passage at page 777 of the tanjore district manual which has been filed as exhibit b-173 is instructive:that ..... the musnud and secondly pnttap singh, the son of tukkoji by his sword wife annapurni. pratap singh's first act was to have said put to death. ho ruled for 24 years and during his reign his forces canoe into conflict with the army of mahomed ali, the nawab of araot, and with the troops of the bast india company sent to .....
Tag this Judgment!Court : Chennai
Reported in : (1925)ILR68Mad1
..... the adoption was followed by possession. the father of defendants 1 and 2 might have brought a suit for a bare declaration under section 15 of act viii of 1859 which was in force till 1871 ; but it was not obligatory for him to do so. it was a ..... in official documents and petitions and legal proceedings in which they were parties. evidence of this kind is conduct admissible under section 50 of the evidence act (see illustration b), as it shows the repute in which sword marriage was held in this family. in a manu ..... the state that pratapa singh was installed by the people. according to exhibit b-141 he was raised to the throne by the army and the chief men in the state. the following passage at page 777 of the tanjore district manual which has been filed as ..... of tukkoji by his sword wife annapurni, pratapa singh's first act was to have said put to death. he ruled for 24 years and during his reign his forces came into conflict with the army of mahomed ali, the nawab of arcot, and with the troops .....
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