Court : Chennai
Reported in : (1901)11MLJ91
..... defendant is a subject of his highness the maharajah of mysore and a permanent resident of the bangalore city in the mysore state and as such a foreigner, is beyond doubt. ..... ammayya.on january 30, 1897, the 1st defendant writing from bangalore replied to this letter as follows:registered for acknowledgment.145, sultanpeta, bangalore city,50th january 1897. ..... court has no jurisdiction to entertain this suit as against the 1st defendant, i think we have jurisdiction under section 220 of the code of civil procedure and article 21 of the letters patent to order that the costs of the plaintiff be in this court and in the court below should be paid out of the estate, and, in the special circumstances of this case, especially having regard to the fact that for a period of about 4 years, the 1st defendant admitted and acted ..... on december 24, 1892 executors took out probate of the will in the court of the district judge, civil and military station, bangalore, the approximate value of the assets in respect of which probate was granted being ..... described as residing in bangalore city. ..... action be the repudiation of the will, the first formal repudiation would seem to have taken place in bangalore in august 1898 though this was no doubt followed up by the affidavit of september 1898 affirmed at bangalore but filed in this court to which reference las already been made. ..... on june 19, 1893, the 1st defendant writing from bangalore forwarded to the agents of the company in madras the policy stamped and .....
Tag this Judgment!Court : Chennai
Reported in : (1906)16MLJ238
..... after the testator's death the executors obtained probate of the will from the british resident's court in the civil and military station of bangalore, which, however, was not the court of the place of the testator's domicile, he having been a permanent resident of bangalore city in mysore territory proper. ..... in delivering the judgment of the privy council, lord lindley observed : 'in both courts in india it was apparently assumed that the question of jurisdiction turned on section 17 of the code of civil procedure and that although the defendant was a foreigner, and although the cause of action arose in a foreign country and although the defendant did not personally reside within the local limits of the jurisdiction of any court in british india, and was not even temporarily in arcot when ..... assuming the defendant was at the time of the institution of the suit outside madras, yet that the application to his case of so much of section 12 as relates to cause of action or part of the cause of action will not be in conflict with international law, will be seen from what is said in the next paragraph as to the sufficiency of the accrual, of the cause of action within. ..... points out that the words 'residence' has no definite technical meaning but should be construed in every case in accordance, with the object and intent of the act in which it occurs. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad340; (1923)45MLJ754
..... that, certified copies of these documents, which have been exhibited-in the civil court, have been treated as evidence in this case. ..... 'the question before us is an extremely limited one, namely, whether or not a libellous communication made only to the person whose character is attacked amounts to the offence of defamation as defined in section 499 of the indian penal code,' and the question is answered by the majority of the full bench in the negative. ..... the alleged libels themselves were apparently filed in the district court in bangalore in connection with a suit which the daughter of the accused had brought against the complainant in the present case for breach of promise of ..... evidence in the present case that the prosecution protested when the district magistrate returned the original defamations to the resident's court, though it is said that the counsel for the accused did protest against the reception of certified copies. ..... was expended on the question as to whether, assuming this letter was posted in bangalore, there would be any publication in british india to bring it within the jurisdiction ..... a copy was sent by post to england or that it was posted at bangalore cantonment or city.15. ..... the intention to harm can only be evidenced by some overt act which in this case would be publication as it is called ..... , the second marriage of the complainant) 'acted maliciously in spreading caluminous reports regarding the complainant's character with intent to defame, him and ruin his standing .....
Tag this Judgment!Court : Chennai
Reported in : (1935)68MLJ379
..... the year of account, the profits and gains of each of them separately would have been arrived at under section 10(1) and (2) of the act after making the allowances given in sub-section (2); and the loss, if any, in any one or more of the businesses thus arrived at would, under section 24 of the act, be set off against the profits and gains of the more successful businesses arrived at in the same way ..... there was sufficient legal evidence to justify the income-tax officer's finding that during the year of account the company carried on no business within the meaning of section 2(4) of the income-tax act, xi of 1922, and that the losses claimed by the company were of a capital nature and could not be set off against the income from dividends.2 ..... of these two partners was transferred to the company, but since lloyd's will not recognise a company as a name these two partners continued to act as nominees and agents of the company to which all underwriting profits were handed over, the company being responsible for any losses. ..... to which the company owed large sums of money applied to the high court for the winding up of the company and as a result the several businesses were, under the orders of the high court, taken over and conducted by the official liquidator till 1925. ..... city brick and tile works, bangalore ..... it was held by the high court that the question was one of fact and that there was evidence on ..... us relied upon the full bench decision of this high court in arunachalam chetty v. .....
Tag this Judgment!Court : Chennai
Reported in : 170Ind.Cas.279
..... section 21, civil procedure cede, provides that an appellate court shall not allow an objection on the ground of want of jurisdiction of the court of first instance1, notwithstanding that the objection has been taken at the earliest opportunity, unless there has been a consequent failure of ..... but this will not help the plaintiff; for the assured died in bangalore, and bangalore including the civil and military station is foreign territory; in re hayes 12 m 39 ..... conclusions would suffice to dispose of the appeal had not the plaintiff's pleader in the course of his argument in the trial court, for the purpose of repelling the claim made by the 2nd defendant to the policy money, raised the question of a trust created in favour of the plaintiff by operation of section 6, married women's property act. ..... as already observed, the point about the application of section 6 of the married women's property act arose somewhat adventitiously. ..... having done that the company cannot be allowed, by reason of the accident that the plaintiff's pleader argued the question of the applicability of section 6 of the married women's property act, to have the benefit of a defence which it did not plead. ..... the circumstance that a benefit to the wife is of a contingent character does not prevent it from being within the married women's property act; in re fleetwood's policy (1926) 1 ch. 48 : 95 lj ch. ..... article 85 of the limitation act, the suit having been brought more than 3 years after the proof of the death of the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1938Mad646; (1938)1MLJ769
..... under rule 1, order 26, that the person is sick and unable to attend court and that the court has exercised its discretion as to whether in those circumstances a commission should issue and has issued a commission, i am clearly of opinion that that discretion cannot be revised under section 115, civil procedure code, whether the judgment of the court below on this interlocutory application consists of a complete treatise on the subject or an incomplete treatise on the subject.7. so far as the ..... bangalore does not fall within the definition of british india as given in the general clauses act and cannot therefore be held to be a part ..... for the respondents contended in the first instance that bangalore should not be regarded as being outside british india inasmuch as the maharajah of mysore had ceded the civil and military station of bangalore for certain purposes to the british government and had renounced the exercise of civil and criminal jurisdiction within that area. ..... munsiff taken the trouble to read the affidavit filed on behalf of the plaintiff, he would have found a clear statement in paragraph 4 that his witnesses were permanent residents of bangalore within the native state of mysore, and that they could not be compelled to go to vellore to give evidence in the case. ..... accept this revision, set aside the order of the court below and order that a commission for the examination of the witnesses cited by the plaintiff and residing in bangalore be issued in the ordinary course .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad792
..... was restored to file thus, the petitioner wanted to raise another ground, namely, that it was repugnant to the constitution of india, and especially to articles 13, 14 and 15 thereof, to allow as still valid law section 10 of the indian divorce act requiring a woman wanting to divorce her husband to prove not merely adultery as the husband wanting to divorce his wife was entitled to do, but also cruelty or desertion in addition to the adultery, as that would amount ..... statements of, othello-like jealousy against a wife will amount to cruelty under section 10, indian divorce act, though deliberate attribution of immorality to a wife with named persons will certainly, under many rulings of this court and other courts entitle the wife to resist a petition for restitution of conjugal rights filed ..... section 112 of the indian evidence act, which has been made applicable to civil, criminal and revenue courts ..... married her more for monetary gain than for anything else, and was vilifying her to all and sundry at guntur and elsewhere and attributing to her adulterous acts with one jeeyarathnam a vakil and one imazuddin, a muslim doctor, besides attributing licentious and libidinous behaviour with one vittal rao, said to be another doctor of the place.15 ..... adultery will founder at onca without a definite date, or a series of dates ..... to take him to bangalore for a honey-moon, and do such other acts out of her own ..... aged 60, and till recently 'a regular student of the united theological college, bangalore. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad1051; (1954)IIMLJ273
..... the 'state' in this context refers only to part a and part c states.what is contended on behalf of the appellant is that section 2(5) as it stood prior to amendment act 2 of 1951 embraced a court in part b state as the court in question has no authority in the state in' which the decree is sought to be executed and cannot also be said to have been established or continued by the central ..... ' by the civil procedure amendment act 2 of 1951 this section underwent further changes and the section, as amended reads thus: ' 'foreign court' means a court situate outside india and not established or continued by the authority of the central government ..... (3) final judgments or orders delivered or passed by civil courts in any part of the territory of india shall be capable of execution anywhere within that territory according to ..... the foundation of this contention is the definition of a foreign court as obtaining on the date on which the judgment was entered for the respondent, that is 21-7-1950.section 2(5), c. p. c. ..... , for dismissal of the execution petition on the ground that the ex parte decree passed by the bangalore court against a non-resident foreigner who did not submit to its jurisdiction was a nullity and therefore inexecutable outside the mysore state ..... according to the definition in force on the relevant date, a 'foreigri court' means a court situate beyond the limits of the states which has no authority in the state and is not established or continued by the central government .....
Tag this Judgment!Court : Chennai
Reported in : AIR1960Mad399; (1960)IIMLJ570
..... 706 of 1933 on the file of the city civil court, madras, the suit-property was actually divided by metes and bounds, and possession of the two-thirds share was delivered over to the said ..... the decree was transmitted to the city civil court, madras, for execution. in ..... the file of the third additional judge, city civil court, madras. ..... , city civil court ..... went into the facts of evidence at length, and came to the conclusion that--'the judgment and decree of the learned city civil judge holding that the 1st defendant is a bona fide purchaser for valuable consideration in good faith, cannot be upheld and must ..... claim to possessory title, and when the rightful owner of this interest (khuddus) neither expressly permitted such ostensible title to be flaunted, nor impliedly consented to it, can claim the protection of the court to enforce his insubstantial title as against the true owner.in fact, it is impossible to see how the more possession of one co-owner, can amount to the flaunting of an ostensible title against another. ..... evidence, the fact that the husband of pyari begum was the power-of-attorney agent of plaintiff himself, cannot be lost sight of, whether he was so only with respect to the bangalore properties, or also in respect of madras properties. ..... is whether the first defendant (here appellant) is a bona fide transferee for value from an ostensible owner, protected in respect of his rights acquired by sale by virtue of the principle of section 41 of the transfer of property act. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1964Mad465
..... . raja of ramnad , concerning the extension of the transfer of property act to the civil and military station of bangalore wider the indian (foreign jurisdiction) order, 1902 ..... . he considered that the facts relating to the pondicherry-kalapet permit essentially constituted a matter which should come within the scope of a representation under section 57 (3) of the act he pointed out that the situation might be otherwise, in cases where representations affecting public interests had to be canvassed ..... . but, even here, the tribunal was not prepared to adopt such a clear and definite course, while it was prepared to regard the possession of the permit on the pondicherry kalapet route by the first respondent as tilting the scales in favour of this appellant, the actual grantee ..... . but where there are distinct and separable grounds of preference, and one of them is indisputably valid, this court would not be justified in interfering, in writ jurisdiction, merely because another ground is opposed to law ..... . otherwise, if the result can be justified as a distinct ground, it may be proper for this court to point out and correct the error of law in its judgment, for the* guidance of the concerned statutory body, but it will not be proper to make that a basis for interference by quashing the order ..... . the issue is at least debatable, and it is not every error of law which will be rectified by this court in exercise of its jurisdiction under article 226 of the constitution .....
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