Court : Chennai
Reported in : (1914)27MLJ634
..... a right to declare a title to a legal character or a title to right to property. 6. section 42 of the specific relief act is no doubt, not intended to be exhaustive as regards the circumstances under which declaratory suits can be maintained. in robert fischer v. the ..... character or a right to property. we think that the contention must be upheld to this extent, namely that section 42 of the specific relief act does not contemplate a suit like the present. we take it that a man's ' legal character' is the same thing as a man' ..... their mind.' this seems to show that declaratory decrees can be passed though they may not come under section 42 of the specific relief act. in kistayya v. kasipati i.l.r. (1885) m. 55 the learned judges say (at p. 57) 'it is ..... and(4) the suit for a mere declaration is not maintainable according to the section 42 of the specific relief act, the plaintiff having the right to claim consequential relief.5. though in the 4th ground, it is contended that section 42 of the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad584; (1916)ILR39Mad80
..... a right to declare a title to a legal character or a title to right to property.6. section 42 of the specific relief act is no doubt not intended to be exhaustive as regards the circumstances under which declaratory suits can be maintained. in robert fischer v. the ..... or a right to property. we think that the contention must be upheld, to this extent, namely, that section 42 of the specific relief act does not contemplate a suit like the present. we take it that a man's 'legal character' is the same thing as a man's ..... mind.' this seems to show that declaratory decrees can be passed though they may not come under section 42 of the specific belief act. in kristaya v. kasipati i.l.r. (1880) mad. 65 the learned judges say (at page 57) 'it is ..... .(4) the suit for a mere declaration is not maintainable according to the section 42 of the specific relief act, the plaintiff having the right to claim consequential relief.5. though in the fourth ground, it is contended that section 42 of the specific .....
Tag this Judgment!Court : Chennai
Reported in : (1916)ILR39Mad67
..... the water. see kandukuri mahalakshmamma garu v. the secretary of state for india i.l.r. (1911) mad. 295--urlam judgment, benson and sundara ayyar, jj., also before whom this act was pressed declined to hold the landholder liable; venkataratnammah v. secretary of state i.l.r. (1914) mad. 366. on the other hand miller and munro, jj., in the ..... the prior settlement which fixed a definite area of land as entitled to water free of charge? and does the decree operate as an engagement, within the meaning of the act?4. in appeal no. 188 of 1911, it was recently held by wallis, c.j., and seshagiri ayyar, j., that the inam settlement did not override a previous ..... the extent irrigated in excess of the registered wet area, as the arrangement come to at the mam settlement was a condition precedent.3. the proviso to section 1 of act vii of 1865 declares that, where an inamdar is by virtue of engagements with the government entitled to irrigation free of separate charge, no cess will be imposed under .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad1022; (1915)28MLJ81
..... it was payable under a contract.11. i am of opinion that the words 'contract to the contrary' refer only to contracts made after the passing of the act and that section 13, clause 3 has no retrospective operation in cases where rent claimed was payable under a contract which would have been legally enforceable under the rent ..... d. 402 bowen l.j. observed as follows: 'the particular rule of construction which has been referred to, but which is valuable only when the words of an act of parliament are not plain, is embodied in the well-known trite maxim omnis nova constitutio futuris formam imponere debet nonprae-teritis--that is, that except in special cases ..... these facts the landlord was not entitled to sue tor the rent at the rate paid ever since 1846 as section 13, clause 3 of the estates land act was retrospective and prevented the landlord from claiming higher rent in consequence of improvements effected by the tenants even though such improvements have been effected before the passing of .....
Tag this Judgment!Court : Chennai
Reported in : (1916)ILR39Mad84
..... facts the landlord was not entitled to sue for the rent at the rate paid ever since 1846 as section 13, clause (3), of the estates land act was retrospective and prevented the landlord from claiming higher rent in consequence of improvements effected by the tenants even though such improvements have been effected before the passing of ..... 402, bowen, l.j., observed as follows:-- 'the particular rule of construction which -has been referred to, but which is valuable only when the words of an act of parliament are not plain, is embodied in the wall known trite maxim omnis nova eonstitutio futuris formam mponere debet non praeteritis-that is, that except in special cases the ..... it was payable under a contract.12. i am of opinion that the words 'contract to the contrary' refer only to contracts made after the passing of the act and that section 13, clause (3) has no retrospective operation in cases where rent claimed was payable under a contract which would have been legally enforceable under the .....
Tag this Judgment!Court : Chennai
Reported in : (1915)28MLJ217
..... s suit fails. mr. rangachariar contended that the proper article applicable was 142. mr, srinivasa aiyangar on the other hand, argued that section 10 of the limitation act would apply, and that there was no bar of limitation. it has to be remembered that there is no complaint in this case (the contention relating to mismanagement ..... show that the government thought it was their duty to see that the income from the endowments was scrupulously applied towards the expenses of the devasthanam: the acts of interference were not in derogation of hereditary rights, any there were, but in furtherance of the right of over-lordship which was inherited from the ruling ..... in possession and enjoyment of those villages, that on his behalf the british government were managing the villages, that after the constitution of the temple committee, under act xx of 1863, the committee was managing on his behalf, that the present manager refused either to account to the plaintiff for the income received from the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad775; (1915)28MLJ72
..... in such a case the husband shall not employ another in business relating to religious duties and that the first married one must be preferred in all matters relating to acts of religion, even though, according to vishnu there may be younger wives who are dearer to him. certain exceptions are referred to in sloka 50. it will be observed ..... and extracted in the judgment in the tanjore case (1868) 3 m.h.c.r. 424. a fortiori her preferential right to perform acts of religion should be recognised, and it is not denied that adoption is an act of religion. the decisions of the bombay and calcutta high courts are based on sound principles and we are of opinion, therefore, that ..... book iv chapter 1. sloka 51, it is said that the first is the wife married from a sense of duty, and it is she ' whom acts of duty concern' which the commentator states, means ' who officiates in acts of religion and so forth. ' a sloka of yagnavalkya is quoted as showing that if there are several wives of the same class .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad675; (1914)27MLJ746
..... : for though the promisee's rights may have been released the responsibility to the joint promisor is not annulled (section 44). following therefore the wording of the act it may be stated that the right of each joint promisor to compel every other joint promisor to contribute equally with himself to the performance of the promise, is ..... other joint promisor or joint promisors (section 44, second part).9. the right to contribution (as between joint promisors) is referred to in the part of the act directly applicable as a right to compel contribution to the performance of the promise,'10. this may at first sight appear to make the liability to contribute, co- ..... the risk and clothe himself with all the creditor's rights by payment or: performance as soon as the debtor becomes liable. section 140 of the indian contract act.'; this no doubt, supports the view for which the defendant contends. the question however was not before the learned judges directly, and the authorities relevant to it .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad1085; (1915)28MLJ44
..... acquired such proprietary rights was estopped from denying that the defendant had acquired perpetual occupancy rights. in kazee abdoll mannah and ors. v. buroda kant banerjee (1871) 15 w.r. 394 it was held that ' parties holding an estate under a permanent settlement from government cannot question the validity of a mokuraree pottah ..... subordinate judge has not decided the question whether the plaint land was included in the old mulgeni lease).4. section 43 of the transfer of property act is as follows:where a person erroneously represents that he is authorised to transfer certain immoveable property and professes to transfer such property for consideration, such transfer ..... rule of law. he therefore dismissed the plaintiffs' suit with costs. the contention in second appeal is that both under section 43 of the transfer of property act and on general principles of estoppel, the first plaintiff is entitled to a mulgeni right over the plaint land. (of course, if the 1st plaintiff succeeds .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad1113; (1916)ILR39Mad304
..... for an injunction restraining the defendants from interfering with the conduit. the right claimed is an easement falling within section 4, illustration (c), of the indian easements act; the mangudi channel takes the place of 'b's stream' in the illustration, and the ' fountains in the garden attached to the house' here replaced ..... the question raised by plaintiffs' second contention.7. the indian law as to government privilege is contained in sections 123, 124 and 162 of the indian evidence act. of these, section 124 is relied on here and need be considered, plaintiffs' contention regarding it being that the words 'communications in official confidence' mean ..... which plaintiffs summoned and in respect of which the tenth defendant, the secretary of state, claimed privilege under sections 123, 124 and 162 of the indian evidence act, the chief engineer stating that public interests would suffer by its production. the district munsif allowed the objection, when it was made at the hearing for .....
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