Court : Chennai
Reported in : (1902)ILR25Mad635
..... wall of the house. it becomes, therefore, unnecessary to consider whether such property, even if it has now become, by virtue of the amendment act iii of 1897, part of the 'street,' could vest in the municipality, in whom is vested only 'a public street' which is defined ..... be entitled will not be the same as in the case of the street mayor of birkenhead v. l. and n.w. railway company 15 q.b.d. 572.17. turning now to indian cases, in the chairman of the naihati municipality v. kishori lal goswami i ..... the soil of the highway be his or not london and north-western railway company v. mayor, do of the city of westminster 67 l.t. 83.22. for the determination of the second appeal it is necessary to remit the following issues for trial by the lower ..... the secretary of state for india in council should be joined as a party to the suit and appeal in this and the connected second appeals nos. 792 and 1101 under sections 32 and 582, civil procedure code.. but at this stage of the case i am not disposed .....
Tag this Judgment!Court : Chennai
Reported in : (1904)1MLJ105
..... endowment of a public charitable or religious institution, which has been improperly alienated or held adversely to the institution and lastly, (though not least) by amending the religious endowments act (xx of 1863) so as to better define the constitution of the committees established under it, the powers and duties of committees and trustees and ..... private owner of an inheritance can.' to the same effect, but speaking more generally of all ecclesiastical corporations sole, jessel m.r. in mulliner v. midland railway company l.r. 11 ch. 632. said: 'as regards ecclesiastical corporations sole, it was long since decided as to rectors, vicars and others that though in a ..... may occasionally be periods of interregnum or vacancy during which there is none in existence in whom the corporation resides and is visibly represented (see challis, real property, 2nd edition, p. 91).27. the continuity in the designation of the head of the mutt (though in some cases, with a slight variation to identify the .....
Tag this Judgment!Court : Chennai
Reported in : (1905)15MLJ363
..... of the deceased as their next friend. in neither case is there any executor or administrator of the deceased. the suits are brought against the madras railway company for compensation under act xiii of 1855 and were instituted after the expiry of one year from the death of persons referred to. the question is whether the suits are time- ..... notwithstanding the several character of their interests inter se in the profits if any.8. now with reference to suits brought for compensation under the act as it is stood before it was amended by act ix of 1871, the question of the disability of any or all of the persons entitled to compensation was immaterial, and the suit had ..... that every such action shall be brought within 12 calendar months after the death of such deceased persons' in section 2 of act xiii of 1855 were repealed and article 21 of the second schedule to indian limitation act was introduced, there was an intention to make a real change in the law it is not easy to say. having regard .....
Tag this Judgment!Court : Chennai
Reported in : 18Ind.Cas.555
..... and with material irregularity' and that these words were inserted by section 92 of the amending act xii of 1879. it appears to me to be quite possible that what their lordships meant to lay down was that the object of the amended section was to confer a discretionary power on the high court to correct manifest injustice brought ..... ramgopal jhoonjhoonwalla v. joharmall khemka 15 ind. cas 547 an erroneous decision as to limitation was held not revisable. in ramjas agarwala v. india general navigation and railway company ld. 16 c.w.n. 424 the refusal to frame and try a requisite issue was held revisable. in venkata subramaniam v. kanchi raju 12 ind. cas. 138 ..... lay to the subordinate judge's court from the district munsif's order returning the plaint in each suit. under section 104 of the civil procedure code, clause 2, a second appeal is prohibited from orders so passed in appeal. hence, the defendants have come before us by way of civil revision petitions under section 115 of the new .....
Tag this Judgment!Court : Chennai
Reported in : 20Ind.Cas.689; (1913)25MLJ205
..... not think it necessary to notice in detail the numerous cases quoted on both sides in which the provisions of various original amending and repealing statutes like the statute of frauds, the statute allowing a married woman to sue in her own name without ..... repealed before the institution of an action.6. reference was made by mr. govindaraghava aiyar to, in re-joseph suche and company limited (1875) 1 ch. d. 48 but in that case the question related to the substantive rights of creditors in bankruptcy ..... disallowed it. the word 'nottam' seems to show that the cess was levied as a consideration for testing coins. plaintiff's 2nd witness states that the man who collects rent is called the 'nottamgar' and that there are emoluments due to him. but ..... (1912)22mlj451 , sundara aiyar and spencer, j.j. held that that preliminary condition had been taken away by the estates land act even with respect to suits brought1 for previous rents. this decision has been followed in several other cases. if it were not .....
Tag this Judgment!Court : Chennai
Reported in : (1914)ILR37Mad483
..... common law prevailing in india as near relations of the insured intended to be benefited by the insured.(d) whether under the trusts act, the wife and children became the cestui que trustent and the company became trustees and thus the trust could be enforced by the wife and children.15. as regards the first point it was ..... were subjected under the english decisions, the judges of english courts being too much bound down by technicalities and precedents. in introducing the bill (see extra supplement of 2nd august 1873 of the gazette of india) mr. hobhouse said 'some gentlemen connected with insurance offices in this country applied to the government a short time ago stating ..... do not see why the children should not take in the third, place, the title of the act iii of 1874 says that it is an act, not only 'to explain and amend the law relating to certain married woman' but also an act ' for other purpose,'' referring evidently to the beneficent insurance provision laid down in section 6. the .....
Tag this Judgment!Court : Chennai
Reported in : (1915)ILR38Mad684
..... general partition of the family properties, and that when an issue was raised by the district munsif as to the frame of the suit, he should have applied for amendment of his plaint accordingly, and that the suit might have been dismissed upon this ground [see subba. row v. ananthanarayana ayyar : (1912)23mlj64 .23. i agree ..... conveyed the same parcels to the plaintiff, who is a divided brother of the first defendant. by a sale-deed, dated 12th november 1904 (exhibits c), the second defendant conveyed certain shares in specified immoveable property in the same villages to one muthusami chetty.21. by his plaint, the plaintiff claimed as assignee from the third defendant ..... added a declaration that the purchaser was entitled to take proceedings to have his alienor's share and interest ascertained by partition; this was the principle which was subsequently acted upon by their lordships.9. in suraj bunsi koer v. sheo persad singh i.l.r., (1880) cal., 148, their lord-ships passed a decree .....
Tag this Judgment!Court : Chennai
Reported in : AIR1916Mad569; 31Ind.Cas.322
..... as follows: 'it is the duty of the chairman to see that proper representatives for purposes of voting arc registered by the companies, associations and undivided families entitled to such privileges and brought on the register of voters at the time of its preparation:2. ..... note 1 to rule 4 at any time during the year. the nomination of a representative does not necessarily constitute an amendment of the register of voters, but is merely by way of subsidiary instruction which is essential to make the accepted list ..... do not appear in the voter's list.4. when venkatachellam pillai presented himself on that day at the polling booth, 2nd defendant who was the identifying officer referred him to this order and refused to allow him to vote. he, therefore, did ..... sabhapat singh v. abdul gaffur 24 c. k 107. the real test is whether 1st defendant when he passed his order was acting 'in good faith', which, implies 'due care and diligence.'7. viewed from this standpoint, we find it impossible to exonerate .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad1179; (1915)ILR38Mad991
..... it contained allegations that one of these parsons, the second defendant, purported to be the only other director with the third defendant and that these defendants had not been validly appointed. a question arose as to the joinder of these persons with the defendant company and the plaint was amended by striking out these allegations. the plaintiff at the ..... to exercise all or any of the authorities, powers and discretions vested in or exercisable by the directors generally. therefore, the agents by whom the company can act are first the directors, or, if all the directors are not available, at least two i think that the intention of the articles is that the ..... i have given, i hold that at the meetings in question there was, in law and in fact, only one director acting on behalf of the company, the plaintiff being incapacitated by his interest from acting in the particular matters that were discussed. it follows that the appointment of the plaintiff as managing director and co-editor was .....
Tag this Judgment!Court : Chennai
Reported in : 32Ind.Cas.350
..... it contained allegations that one of these persons, the second defendant, purported to be the only other director with the third defendant and that these defendants had not been validly appointed. a question arose as to the joinder of these persons with the defendant company and the plaint was amended by striking out these allegations. the plaintiff at the ..... to exercise all or any of the authorities, powers and discretions vested in or exercisable by the directors generally. therefore, the agents by whom the company can act are first the directors, or, if all the directors are not available, at least two. i think that the intention of the articles is that the ..... i have given, i hold that at the meetings in question there was, in law and in fact, only one director acting on behalf of the company, the plaintiff being incapacitated by his interest from acting in the particular matters that were discussed. it follows that the appointment of the plaintiff as managing director and co-editor was .....
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