Court : Chennai
Reported in : (1892)ILR15Mad323
..... inquiry is necessary. the prosecution has been pending against the accused for nearly two years. enough has been done to warn the temple authorities of the danger they incur if acts are done which amount to the disposal of a minor for immoral purposes, even though the ceremony of dedication to the deity be omitted. the prosecution has been carried on ..... of control which would be final and irrevocable in its moral effects, more especially as the words used are ' sells, lets to hire, or otherwise disposes of,' thus suggesting other acts ejusdem generis.24. in this case there has clearly been no irrevocable disposal. the girl is not dedicated; there is no change in her status, and she is still free .....
Tag this Judgment!Court : Chennai
Reported in : (1895)ILR15Mad257
..... the first year's interest only or for the same, together with the principal amount. it was only-necessary that he should manifest his intention of waiver by some overt act which could not be recalled. this he did by instituting the suit of 1877, and obtaining the decree for the first year's interest alone, expressly stating in the plaint ..... claim for damages for failure to pay the principal on the 30th october 1878, we must hold it to be barred under article 1161 of schedule ii of the limitation act.7. it is next urged that defendants nos. 1 and 5 were gosha women, and that there is no evidence to show that the transaction under a was explained to .....
Tag this Judgment!Court : Chennai
Reported in : (1892)ILR15Mad352
..... , did not fulfil the condition on which they were pardoned. the sessions judge seems to have taken an erroneous view of the case and the law.6. by section 349, act x of 1872, a sessions judge was empowered to commit or direct the commitment of any person who, having accepted an offer of pardon, did not conform to the conditions .....
Tag this Judgment!Court : Chennai
Reported in : (1892)2MLJ221
..... should order an enquiry as was done in krishnaji kesava pundit v. subbaraya takker 7 m. h. g. r 387. that case was decided with reference to section 206 of act viii of 1859, and the decision therein proceeds on the view that 'when there is dolus in the exercise of a right valid on ordinary legal rules, the court will .....
Tag this Judgment!Court : Chennai
Reported in : (1893)ILR16Mad64
..... to recover possession, not on the footing of the usufructuary mortgage, but by reason of the foreclosure decree which is claimed under section 67 of act iv of 1882. it is not necessary that the plaintiff should be in possession of the mortgaged property when he claims a decree for foreclosure. ..... instituted by them in accordance with the law as it existed when the suit was instituted, and that right would certainly be curtailed if the act subsequently passed were applied to it. we may also observe that the decree appealed against is for foreclosure of the mortgage and not one for ..... this appeal.2. it is first urged that the suit is governed by article 144 of the second schedule of the act of limitations. the transaction evidenced by document a is a mortgage by way of conditional sale as denned in section 58, clause (c) of ..... 1. on the 28th march 1871, appellants' father executed a mortgage in favour of respondents' father. the instrument of mortgage, exhibit a, purported to place the mortgaged .....
Tag this Judgment!Court : Chennai
Reported in : (1892)2MLJ182
ORDER1. The 1st respondent was the concubine of one Chinna Venkata Gopalam Garu, who died on the 14th September 1888, leaving him surviving a minor son named Rajamannar. The deceased left a will and a codicil on the 27th April 1887, and on the 25th July 1887, respectively. The will recites (paragraph 10) that 1st respondent had been looking to the testator for protection and depending on him for a long time and that she had deposited with him monies to the extent of Rs. 2,000, and directs that Rs. 3,000 be added to the Rs. 2,000, and that the total sum of Rs. 5,000 be paid to her. It then goes on to state that interest should continue to be paid to her at the rate at which it is paid on Government bonds and that if it is not acceptable to her, the principal amount should be paid in cash. The appellants are executors of the will and guardians of the minor son. The plaint stated that although 1st respondent had often demanded payment of the Rs. 5,000, subsequent to the testator's death, ...
Tag this Judgment!Court : Chennai
Reported in : (1893)3MLJ14
..... the date of its execution. document vii proves a direction by the late mittadar to all the ryots in the mitta to accept the donees as their landlords and to act thenceforward under their orders. there is also the evidence of the 1st respondent that appellant collected rents from the nurhalli mitta at least for some time, and exh. viii lends ..... indispensable, the principle being that the intention to transfer possession and to divest himself of all control over the subject of the gift must be unequivocally manifested by some overt act done towards the execution of such intention. see shaik ibhram v. shaik suleman i. l. r 9 b 146 and i. l. r 10 c 1 112. in the case .....
Tag this Judgment!Court : Chennai
Reported in : (1893)ILR16Mad43
..... date of its execution. document vii proves a direction by the late mittadar to all the raiyats in the mitta to accept the donees as their landlords and to act thenceforward under their orders. there is also the evidence of the first respondent that appellant collected rents from the nurhalli mitta at least for some time, and exhibit ..... , the principle being that the intention to transfer possession and to divest himself of all control over the subject of the gift must be unequivocally manifested by some overt act done towards the execution of such intention. see shaik ibhram v. shaik suleman i.l.r. 9 bom. 146 and mullick abdool guffoor v. muleka i.l.r ..... in the family after his death. after giving my best attention to all the circumstances, i see no sufficient reason to say that either the father or the daughter acted otherwise than bond fide, the former in executing the documents and the latter in attesting document i. the arrangement evidenced by the documents was in the nature of .....
Tag this Judgment!Court : Chennai
Reported in : (1893)ILR16Mad280
..... . it is true that it mentions the elephants were in possession of unni check and were caught in pits dug by him but this is consistent with the defendant having acted as an employee under the nambudiri. there is no finding on the evidence that the plaintiff either consented to or subsequently ratified the sub-karar vii.'5. we must, ..... estate or property in the land itself or any part of the ore or metals ungot therein.3. the licensee may have a right under seetion 56 of the basements act to employ his servants to dig the pits and aid in capturing the elephants, but this will not carry with it the right to transfer his license or any part ..... reduce them to possession is something more. in coming to this conclusion, the court have, we think, overlooked the definition of 'license' contained in section 52 of the indian easements act. the right granted is not more than a license, unless it amounts to an easement or an interest in the property, i.e., in the immoveable property. the right to .....
Tag this Judgment!Court : Chennai
Reported in : (1893)3MLJ27
..... . it is true that it mentions the elephants were in possession of unni check and were caught in pits dug by him, but this is consistent with the defendant having acted as an employee under the nambudri. there is no finding on the evidence that the plaintiff either consented to or subsequently ratified the sub-karar vii.5. we must therefore ..... estate or property in the land itself, or any part of the ore, or metals ungot therein.3. the licensee may have a right under section 56 of the easements act to employ his servant to dig the pits and aid in capturing the elephants but this will not carry with it the right to transfer his license or any part ..... reduce them to possession is something more. in coming to this conclusion the courts have, we think, overlooked the definition of 'license' contained in section 52 of the indian basements act. the right granted is not more than a license unless it amounts to an easement or an interest in 'the' property, i.e., in the immovable property. the right to .....
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