Court : Chennai
Reported in : (1882)ILR5Mad91
..... weakness of the authority of government in the sirkars, wrote as follows:the great body of the people cannot be protected against oppression nor the country be secured from disturbance and the incursion of plunderers until our government becomes more respected than it is at present. no zamindari once forfeited for rebellion should ever be ..... mokassadar of the zamindari.16. the insurrectionary outbreaks in this and the neighbouring zamindari of parla kimedi compelled the government to place in the field a military force and to depute mr. russel with special powers to inquire into the cause of the disturbances and take measures for their repression. atsapulvalsa krishnama dora was ..... eviction if the rightful owner pursued his remedies within the time allowed by law, but capable of acquiring an immunity from ouster and under the limitation act a prescriptive title by efflux of time.29. there being nothing to show that the government intended to constitute itself a trustee for the plaintiff or .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR6Mad20
..... privy council to go so far as was done in the madras case, but much of the reasoning in the judgment of the judicial committee would apply with hardly less force to the case of an adoption among kshatriyas.11. in the second volume of sir thomas strange's hindu law, page 88, there is a note by a very ..... terms of a letter written by the plaintiff to the mother of the first defendant's late husband, in which she is said to have represented the adoption as the act of herself and her husband. the letter has not been produced, and no foundation has been laid for the admission of secondary evidence of its contents. moreover, the mother ..... hearing, and i would also dismiss this appeal with costs.1 estoppeal.[section 115: when one person has, by his declaration, act, or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed in any suit or proceeding between himself and such person or .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad149
..... had the financial management of the business. admittedly it was the sister of the plaintiff and first defendant who introduced the first defendant to the railway engineer and secured to him the contract business by her recommendation. it is clear from her evidence as plaintiff's first witness that she intended the contract business for the ..... a member of that corporate family. persons, who by birth or adoption are not members of a hindu family, cannot, in the absence of a custom having the force of law, by more agreement, become or be made members of a joint family.11. according to the above conception of a family, there may, of course, ..... 'hindu law and usage,' 6th edition, paragraph 603) or by renunciation on his part acquiesced in by the remaining members, provided such renunciation and acquiescence are manifested by an overt act namely, the giving him 'some trifle' out of the family property (mitakshara, chapter ii, section ii, verses 11 and 12; stokes' 'hindu law books,' page 380; .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad431
..... friend or guardian for the suit, whoever he may be, cannot, under section 461, civil procedure code, without obtaining leave of the court and as a general rule also furnishing security, receive any money payable under the decree solely to the minor or to him jointly with the other . decree-holders.16. it has been held by all the high ..... 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 of the ..... is proved by the judgment-debtor, adversely to the decree-holder or decree-holders, within the time prescribed by article 173a of the 2nd schedule to the limitation act. a discharge not so recorded cannot be recognized by the court executing the decree, since, for purposes of executing the decree, such record is by statute made .....
Tag this Judgment!Court : Chennai
Reported in : (1902)12MLJ166
..... of the persons who have not joined in the application. as a general rule such order will be a direction to the applicant for execution to furnish sufficient securities for the protection of the interests of such persons. if payment be made out of court; to a sole decree-holder or several joint decree-holders, is ..... 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 the ..... proved by the judgment debtor adversely to the decree-holder or decree-holders, within the time prescribed by article 173-a. of the second schedule to the limitation act. a discharge not so recorded cannot be recognised by the court executing the decree since, for purposes of executing the decree, such record is by statute made indispensable .....
Tag this Judgment!Court : Chennai
Reported in : (1903)13MLJ83
..... really on the ground that the amount in respect of which con tribution was sought was not public revenue under the revenue recovery act but only rent under madras act viii of 1865 under the law in force in this presidency rent due to a proprietor unlike revenue due to government forms no charge upon the holding, according to the view ..... immoveable property' is, extends the provisions contained in the preceding sections as to a mortgagor, to the owner of the property subject to the charge. the right of contribution secured by section 82 is only a real right by way of charge on the several properties which where subject to the mortgage and not a claim ' in personam' baldeo ..... obliged to redeem the share of a co-tenant to relieve his own share from incumbrance, could have no right to retain the share of such co-tenant as security and to obtain a re-imbursement of the amount equitably chargeable to it, he might utterly fail to obtain compensation. and yet his co-tenant, without making any .....
Tag this Judgment!Court : Chennai
Reported in : (1908)18MLJ158
..... devisee takes it absolutely, whereas i if my construction of the section is right, the legal representative would take it. but this argument loses much of its force when we consider that when such instructions simply show that the testator gave the devisee the legal estate only and not the beneficial interest without showing anything else, ..... him not to alter his will. the plaintiff therefore claims through the defendant, the legatee named in the will, but under section 187 of the indian succession act no right as legatee can be established without a grant of probate or letters of administration. so in england a legacy cannot be recovered without administration of the ..... is only intended to be a trustee and no beneficial interest is created by the will when such extrinsic evidence is permitted bylaw? section 81 of the trusts act runs thus - 'where the owner of the property transfers or bequeaths it and it cannot be inferred consistently with the attendant circumstances that he intended to .....
Tag this Judgment!Court : Chennai
Reported in : (1910)20MLJ230
..... performance of a contract and hence includes a deposit. the argument that if a deposit is not forfeited, it ceases to be security for the performance of any contract would apply with equal force to every stipulation which is not enforced on the ground of its being a penalty. the provision that he will get something ..... purporting to follow the english rulings arrive at conclusions not easily reconcilable with one another.51. i shall now consider the provisions of the indian contract act. under that act, if a party fails to perform his promise before the time specified, the contract does not become voidable if time is not of the essence of ..... have sustained, though the parties may have expressly stipulated to that effect.41. so these rules of construction were adopted. the question is whether the indian contract act adopted this theory of a fictitious intention to be discovered by these extremely artificial rules of construction, which have perplexed english lawyers themselves, or laid down the .....
Tag this Judgment!Court : Chennai
Reported in : 1Ind.Cas.535
..... the decree, which is proceeded against, has in any event to satisfy the judgment outstanding against him and it can make no difference to him who puts it in force so long as he has not to pay twice over and whatever equities he has against his judgment-creditor are safe-guarded.6. can it then he said that ..... question was sale of a money decree in execution of a money decree and must, therefore, be treated as a nullity and of no effect in law. in estimating the force of this argument it has to be borne in mind that the nadars, whose decrees against the appellants, the chetties, have bought, do not now question the validity of ..... contract, to order the sale of the property pledged. but it is said that the transfer of property act makes no provision for such a transaction; but that statute does not purport to deal exhaustively with the law relating to different forms of securities, for instance, it does not deal with pledges of tangible movable property, government promissory notes, policies of .....
Tag this Judgment!Court : Chennai
Reported in : (1911)ILR34Mad442
..... debtor under decree which is proceeded against has in any event to satisfy the judgment outstanding against him and it can make no difference to him who puts it in force so long as he has not to pay twice over and whatever equities he has against his judgment creditor are safeguarded.6. can it then be said that the ..... was sale of a money decree in execution of a money decree and must therefore be treated as a nullity and of no effect in law. in estimating the force of this argument it has to be borne in mind that the nadars whose decrees against the appellants the chetties have bought do not now question the validity of the ..... contract to order the sale of the property pledged. but it is said that the transfer of property act makes no provision for such a transaction but that statute does not purport to deal exhaustively with the law relating to different forms of securities, for instance, it does not deal with pledges of tangible moveable property, government promissory notes, policies of .....
Tag this Judgment!