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 : AIR1941Mad326
..... & 7. p.w. 3 fetched p.ws. 9 and 10 who were working near-by. p.w. 6 forced open the door with a crowbar. the deceased was lying dead on the floor, and the appellant was seized, brought out and secured. he appears to have offered but little, if any, resistance and some of the witnesses said he appeared dazed ..... . the appellant's plea is based upon section 84, i.p.c., and the onus of establishing it is on the appellant : see section 105, illustration (a), evidence act. the question for determination therefore 0is whether the appellant has succeeded in proving, that when he killed his wife, he was incapable, by reason of unsoundness of mind, of knowing ..... of the deceased, should be rejected as inadmissible. even apart from this opinion of p.w. 1, i consider that the nature and circumstances of the appellant's act justify the inference that it must have been committed under an insane impulse when he was incapable of understanding what he was doing. this inference is supported by the evidence .....
Tag this Judgment!Court : Chennai
Reported in : (1941)1MLJ818
..... this case which would entitle the applicant to claim a set-off under section 229 of the indian companies act, under which in the winding up of an insolvent company the same rules should prevail and be observed as are in force for the time being under the law of insolvency with respect to the estates of persons adjudged insolvent.3 ..... of the debt by mr. samuel and the bank is therefore not entitled to enforce the debt; in any event, it must give credit for the full value of the security. in opposition to this contention, the counsel for the official liquidators relies on the decision of my learned brother gentle, j., reported in manx aiyar v. official liquidator of ..... or set-off really arose. the question that actually arose there was whether the defendant, who was indebted to the bankrupt firm and deposited certain rubber shares with them as security, was not entitled to a return of the said shares in specie on making a payment. it arose in this way. before the firm became bankrupt, the firm .....
Tag this Judgment!Court : Chennai
Reported in : (1940)1MLJ11
..... to show cause why they should not be bound over to keep the peace. the court expressed the opinion 'that the act of which information is given and in respect of which security is required must be an act which is shown to be in contemplation at the time the information is given and not merely one a repitition of which ..... likely to occur at any time.2. the magistrate considered that the information was of such a nature that he was justified in ordering the counter-petitioners to execute interim security bonds. these bonds were executed on the 14th october, 1938. on the 5th february, 1939, the police laid information against the petitioner, and it is obvious from ..... make an order in writing setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character, and class of sureties (if any) required. as will be shown presently, section 112 has on occasions been misread and further particulars than those .....
Tag this Judgment!Court : Chennai
Reported in : (1939)1MLJ745
..... to make. this may have been so and a court may be justified in refusing, in the circumstances of a particular case, to sanction an investment in a security not authorised by the trust act; but could it not do so, if it were inclined to permit such an investment? the learned judge had in deciding the case only observed that a ..... a constructive trustee or of a trustee de son tort it was incumbent upon him to invest the minor's money only in one of the securities authorised by section 20 of the indian trust act and the factum of the widow's consent to the purchase of land in dispute was wholly immaterial. the question to decide is if this is ..... next friend. it is the minor's rights after all and not those of his next friend which have to be adjudicated in this case. this objection has therefore no force in our opinion and must be disregarded.6. this brings us to the consideration of the main question involved in this appeal. it cannot be disputed-indeed it was admitted .....
Tag this Judgment!Court : Chennai
Reported in : AIR1938Mad774; (1938)2MLJ33
..... plaintiff further alleged that the first defendant was manager of the joint family consisting of himself and his brothers, the second and third defendants, that the note was to secure a loan which was contracted for the benefit of the family and that the three brothers continued undivided tip to the date of suit. it was found however at ..... s debts was not extinguished by partition the father's payments operated to keep the debt alive against the sons.10. now, examining the relevant sections of the limitation act, section 21 is explanatory of sections 19 and 20. by section 19 the time for the suit is extended by an acknowledgment in writing signed by the person ..... of interest by an endorsement on the promissory note in the handwriting of the first defendant; this, he now contends, by the operation of section 20 of the limitation act gave him a fresh period of limitation against all the members of the family; and so with each successive payment. section 20 is construed as meaning that, when .....
Tag this Judgment!Court : Chennai
Reported in : AIR1934Mad639; 152Ind.Cas.464
..... the plaintiff which is as follows:later on i demanded the amount due under plaint pro-note. then defendant 1 said he had then no money but he would give security. accordingly the letter of guarantee, ex. b, was given to me by defendants 1 and 2 on 31st july 1921.3. the appellant's evidence also is important because he ..... v. wilson (1886) 11 a.c. 639, but in the former case the surety had joined in the covenant in the mortgage thus bringing himself within the real property limitation act, 1874, section 8 and in the latter case the question turned upon the limitation statute of new brunswick called 'limitation of real actions' and i do not think these cases ..... can be regarded as any authority upon the limitation act. certainly allison v. frisby (1890) 43 ch.d. 106 and lewin v. wilson (1886) 11 a.c. 639 are not regarded by the learned author of 'rowlatt on principal .....
Tag this Judgment!Court : Chennai
Reported in : AIR1934Mad103
..... he could give a valid discharge without the concurrence of the respondent; the decree itself empowers the elder brother to recover the entire amount on furnishing security for the half-share of the respondent. he could thus give a valid discharge without the concurrence of the respondent, as held in murlidhar v. shivaram a.i.r ..... starting point o limitation. the question thus depends upon whether the respondent is entitled to the benefit o section 7, lim. act, and whether or not by reason of the decree being on a joint promissory note in favour of the brothers, and the next friend being the elder brother, ..... execute the decree on behalf of her husband cannot be deemed to be an application for execution in accordance with law within the meaning of article 182, lim. act, nor was it pressed finally. the original next friend continued to represent the respondent and a batta memo filed in such an application can hardly furnish a fresh .....
Tag this Judgment!Court : Chennai
Reported in : 148Ind.Cas.54
..... he could give a valid discharge without the concurrence of the respondent; the decree it self empowers the elder brother to recover the entire amount on furnishing security for the half share of the respondent. he could thus give a valid discharge without the concurrence of the respondent, as held in murlidhar laxman v, shivaram sadashiv ..... fresh starting point of limitation. the question thus depends upon whether the respondent is entitled to the benefit of section 7 of the limitation act, and whether or not by reason of the decree being on a joint promissory note in favour of the brothers and the next friend being the elder brother, ..... the decree on behalf of her husband cannot be deemed to be an application for execution in accordance with law within the meaning of article 182 of the limitation act, nor was it pressed finally. the original next friend continued to represent the respondent and a batta memo filed in such an application can hardly furnish a .....
Tag this Judgment!Court : Chennai
Reported in : AIR1933Mad271
..... ), but curiously, and it seems to me an extraordinary circumstance, no sale deed was actually executed in favour of suryanarayana sastry. after the transfer of property act has been in force for 35 years, it is very rare to find sale-deeds without registration, especially when the amount involved was very large; and it is so unusual that ..... is always easy to get a promissory note in support of other transactions. it is not usual to lend large sums on promissory notes, that is without any security except in commercial transactions. (after considering some of the exhibits, the judgment proceeded). on this second occasion when the case was heard, a question of law was ..... receiver sought to question the transfer made by the transferee on altogether independent grounds and we held that this could not be done under section 53, insolvency act. in the present case the transactions in question including the alienations made by the transferee from the insolvent are all attacked as links in a chain of .....
Tag this Judgment!