Court : Chennai
Reported in : 36Ind.Cas.240
..... j.4. the short question in this appeal is, whether the plaintiffs' suit is barred by limitation. the suit is one to enforce a simple mortgage by sale of the security, and it is admitted that unless a payment of rs. 400 in 1905 which is endorsed on the mortgage instrument saves the bar, the action will be barred. the payment ..... the debtor but that of the creditor. it is, therefore, clear that the payment is ineffective to give a fresh period of limitation under section 20 of the limitation act. but it is argued for the appellant that although the payment as part-payment of principal is useless to save the bar under section 20, the endorsement by the debtor ..... words as are in this document, i have no doubt that there is, in this endorsement, an acknowledgment. i cannot accept the argument that section 20 of the limitation act (ix of 1908) prevents the operation of section 19. it is argued that this is a special provision limiting the application of section 19 and taking part-payments out of .....
Tag this Judgment!Court : Chennai
Reported in : 2013(1)LW606
..... of clause (i), omitted and after clause (ii), new clause (iii), "stamps purchased in tamil nadu state shall alone be used for instrument chargeable with duty under the act as in force in that state," added-g.o.ms.no.1365, revenue, dated, 30th december, 1957." 25.ultimately, the learned single judge has held that there is no prohibition as ..... a sum of rs.50,000/- from one velusamy, who is none other than the brother of the respondent/plaintiff and at the time of borrowal, by way of repayment security, his signatures were obtained in blank stamp papers consisting of the denominations of rs.10/-, rs.20/- and rs.50/- respectively on 23.12.1998. 29.he has also ..... came to be charged to a duty ranging from one anna to four annas according to the amount secured, while bill of exchange payable on demand came to be chargeable to the fixed duty of one anna. 17.nodoubt, section 35 of the act creates disability against a party filing a document in evidence, which is not sufficiently stamped and declares .....
Tag this Judgment!Court : Chennai
Reported in : 33Ind.Cas.508; (1916)30MLJ369
..... of rs. 1,000. a. peri n.n. muthuraman chettiar. the hundi was drawn to bearer and given to one chidambaram chettiar. it bears the following words : 'security for this is chinnakaruppan chettiar alias peria m. chinna vellayan chettiar.' the lower appellate court has found that this endorsement, was made at the request of chidambaram chetty who ..... due course or not. he is admittedly the holder for value. a hundi drawn to bearer is negotiable by delivery thereof. (vide section 47 of the negotiable instruments act, act xxvi of 1881.) under section 59, the holder of a negotiable instrument who acquired it after dishonour by non-payment has only as against the other parties the ..... rubber & co. (1905) a.c. 454 and the law in this country has followed the english law up to the date of the amending act to the transfer of property act, act ii of 1909 which has even gone beyond the english statutory law.19. [in compliance with the order contained in the above judgment the temporary subordinate judge .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad586; (1943)1MLJ333
..... same properties for rs. 3,500. in 1907, a suit was filed in the court of the subordinate judge of vizagapatam on the two mortgages seeking to realise the security so far as it was situated in the plains. the suit was decreed and in execution of the decree the portion of the hypotheca situated in the plains was ..... subordinate judge of vizagapatam. an execution application was filed in 1939 under this decree and in resistance to that execution the petitioners filed an application under section 19 of act iv of 1938. when this application first came on for trial the agency court held that the petitioners were agriculturists, the only evidence to the contrary then available being ..... this petition has been referred to the high court under rule 59 of the madras agency rules. it arises out of an application filed under section 19 of madras act iv of 1938 to scale down a mortgage decree. the petitioners are mokhasadars of an estate situated partly in the agency and partly in the plains. in 1895, the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1960Mad244
..... within the time prescribed and, therefore loses his right to have it registered, a court may well say that the plaintiff has only to blame himself for not securing registration and therefore he would not be entitled to any relief because of his own negligence. or if a vendee after the execution of the sale deed fraudulently makes ..... till there is a properly executed document which is also registered. it cannot be said that the moment a document is executed the contract ceases to be in force. the purchaser is always entitled to insist upon his right to have a proper registered instrument. every vendor is bound to do all that is necessary to perfect ..... v. vavana mahomed naina routhen, 5 mad hcr 123. in this case an instrument, the registration of which was rendered compulsory by section 17 of the last registration act (act no. xx of 1866) was destroyed accidentally by fire soon after its execution and before registration. it was held in the suit to compel the defendant to execute another .....
Tag this Judgment!Court : Chennai
Reported in : AIR1928Mad546
..... it was found that these decisions related to cases of mortgages executed prior to 1904, since, under section 59, t. p. act (before it was amended by act 6, 1904) where the principal money secured was less than rs. 100 a mortgage may be effected by an unregistered instrument or by delivery of possession, and registration was not ..... obviously as stated by the learned judges without any knowledge or notice of the previous transaction, then in the conflict between these two this provision of the act provides that effect shall be given to the later registered document.11. now applying these principles to the present case, what is the position? as already indicated ..... encumbrance which comes into conflict with the later registered transfer must have been a transfer valid in law. now, referring to the terms of section 50, registration act, the provision we find there is that every document of the kind specified in the section shall, if duly registered, take effect as regards the property comprised .....
Tag this Judgment!Court : Chennai
Reported in : 2(2000)ACC69
..... any insurable property is exposed to maritime perils;(ii) the earnings or acquisition of any freight, passage money, commission, profit or other pecuniary benefit, or the security for any advances, loans, or disbursements is endangered by the exposure of insurable property to maritime perils;(iii) any liability to a third party may be incurred ..... bearing and that being a part of the cause of action arising at coimbatore, the court at coimbatore would have jurisdiction. that judgment applies with full force to the case on hand. therefore, i am in entire agreement with the learned trial judge on the finding rendered by him in this case that ..... he took me through some provisions in the indian insurance act as well as the relevant provisions in the marine insurance act. prior to the coming into force of the marine insurance act, 1963 (hereinafter referred to as the 1963 act), the insurance act, 1938 (hereinafter referred to as the 1938 act) was the only legislation relating to the business of .....
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 : (1976)1MLJ56
..... that so far as survey no. 27/3, is concerned, it was poramboke property, which was assigned to him only in 1954 and it is only thereafter he could secure a right of ownership thereon. it is said that the suit is not maintainable without asking for cancellation of exhibit a-2 and the prayers asked for arc, in this ..... (4) health, (5) safety and (6) and other objects beneficial to mankind. in deciding the case on a projected hypothesis, courts invariably bear in mind the customs, habits, traditions, the force of personal law, the sacred-ness of an object, which is uniformly considered as venerable by the community to which the donor belongs and such other like considerations. it is ..... for us to disturb the finding of the court below and hold that the trust was never acted upon or intended to be acted upon.46. even so, we are constrained to accept the finding of the learned trial judge that exhibit a-1 was not forced down from the first defendant as alleged by him. exhibit b-2, is a settlement .....
Tag this Judgment!Court : Chennai
Reported in : (1986)52CTR(Mad)354; [1986]159ITR381(Mad)
..... status of the newspaper as a powerful institution in society is not yet finally determined.62. much of the newspaper's power stems from its economic strength and security. since roughly 1,850 newspapers throughout the world have been extremely lively business organisations, have amassed fortunes for their owners, and have bought independence and influence ..... of the facts whatever the the answers to these questions are, and they vary from place to place and from time to time, it is true that strong forces are at work today toward the professionalisation of the newspaper calling and toward the improvement of its standards.64. in the early 1950's, an international press ..... from time to time, be notified in this behalf by the central government in the official gazette."section 9(1) and (2) of the indian post office act (act no. 6 of 1898) reads as under :"(1) the central government may make rules providing for the registration of newspapers for transmission by inland post as registered .....
Tag this Judgment!