Court : Chennai
Reported in : (1894)ILR17Mad67
1. The application for execution was certainly defective, the error being not merely one of form. So far as respondent's claim to one-fourth, of the future profits of the zamindari was concerned, the decree in Original Suit No. 16 of 1887 was only declaratory and therefore incapable of execution, except for the mesne profits for fasli 1295. The decree that was capable of execution, as regards the mesne profits for other faslis claimed in the proceedings the subject of this appeal, was the compromise in the Suit of 1809 which has been treated as a decree from its date. This, therefore, was the decree which should have been mentioned in the application as the decree sought to be executed as regards the faslis subsequent to 1295. The substantial question is whether, in the peculiar circumstances of this case, the amendment ought to have been allowed.2. We cannot agree with the contention of appellant's pleader that Section 2451 of the Civil Procedure Code is a bar to the amendment. That s...
Tag this Judgment!Court : Chennai
Reported in : (1893)3MLJ199
..... 's behalf that the suit is barred by limitation. we agree with the judge that the document sued upon is a promissory note as defined in section 3 of the act of limitations, and that the contention that article 73 is applicable cannot be supported. exh. a provides for repayment in these terms, namely 'i shall pay you whenever you may .....
Tag this Judgment!Court : Chennai
Reported in : (1893)ILR16Mad407
..... damage. another contention is that no specific relief or injunction ought to have been granted in this case, and that the injury, if any, caused by the tenants' act may be adequately compensated for by an award of damages. the right in question is an interest in immoveable property, and the zamindar is, therefore, entitled to such ..... tenants having agricultural holdings. it is there distinctly laid down that the question on which the decision should rest in such a case as this is whether the act done by the tenant is consistent with the purpose for which the land was demised. the pleader for the appellant also relies on the decisions in nyamutoollah ostagur ..... upon agricultural holdings for other than agricultural purposes and thereby to alter the character of the holding. every such tenant is under an implied obligation to do no act which is not consistent with the purpose for which the land was originally let for cultivation. that this was the law administered in this country is also clear .....
Tag this Judgment!Court : Chennai
Reported in : (1893)3MLJ100
..... all under a misapprehension certainly would not prevent time running against the plaintiff, if he could be said to have been excluded from possession within the meaning of the limitation act. we understood it to be almost admitted in argument that if the late zamindar, the defendant's husband, were now defendant, he would have a complete answer to a suit .....
Tag this Judgment!Court : Chennai
Reported in : (1893)ILR16Mad499
..... dissolution (exhibit xii, dated 1st january 1886) provided for the execution of a mortgage if required, and no act of bankruptcy had then been committed nor was bankruptcy then in contemplation as probable. further, the extracts from ferguson's letters marked xvi show that a mortgage had ..... the presumption of an intention on the part of the debtor to act in fraud of the bankruptcy law, which provides for the equal distribution of his assets among all his creditors. in the case before us the deed of ..... against him, though an appeal was pending from the decision. another contention on appellants' behalf is that the execution of the mortgage of january 1889 was an act of fraudulent preference. in order to constitute such preference, the disposition must be voluntary and not one made under pressure. pressure legalizes the disposition, because it rebuts .....
Tag this Judgment!Court : Chennai
Reported in : (1894)ILR17Mad54
..... it is thon argued that the management of the nuzvid estate has always been oppressive and that the raiyats protested against the rate of rs. 9-2-8 in 1871 and in 1880. we think that the expression of discontent now and then was not sufficient and that the omission to resort to the revenue courts for redress for ..... and (3) that the sanction was given without notice to them; but the judge disallowed these grounds of objection. the term collector as defined in section 1 1, act viii of 1865, includes the head assistant collector and the first objection therefore is entitled to no weight. as regards the omission to give notice, it was clearly an irregularity ..... , for the act of giving sanction is a judicial act intended on the one hand to protect the raiyat against excessive enhancement and on the other to secure to the zamindar what may be considered a fair .....
Tag this Judgment!Court : Chennai
Reported in : (1893)3MLJ132
..... his daughter in marriage to the nephew of the defendant, the executant of the bond. as remarked by wilkinson j., in that case the principles on which the english courts act in disallowing such contracts are not altogether applicable to this country in which the custom of infant marriages prevails and where it may be that the consideration in such cases .....
Tag this Judgment!Court : Chennai
Reported in : (1894)ILR17Mad193
..... being neither a right in and over the forest nor a right to forest produce. he further held that the claim was barred by section 4 of the pensions act, xxiii of 1871. the respondents appealed from this decision to the collector of the district, who considered that the right set up by the claimants was not outside the provisions of ..... have entertained it and adjudicated thereon.4. the judge states that in his opinion the claim was also barred by the pensions act of 1871, though he does not rest his decision upon it. by section 4 of that act, no civil court shall entertain any suit relating to any grant of money or land revenue made by the british or any ..... the forest act, that the forest settlement officer was not a civil court for the purposes of the pensions act, and that the g.o. no. 389, dated 26th may 1886, .....
Tag this Judgment!Court : Chennai
Reported in : (1901)11MLJ29
..... is his second son by his fourth wife dora-raja nachiar. the former was born on the 3rd november 1868, and the latter on the 26th april 1871. during muthuramalinga's life-time, the court of wards entered into management of the zemindary under an arrangement made for the liquidation of a loan advanced to him ..... partibility of the zemindary. ' to this contention, however, i am not prepared to accede for several reasons. in the first place, the division was not the spontaneous act of co-parceners in mutual recognition of their co-parcenary right, but one forced on ragunatha setupati, irrespective of his volition and contrary to the wishes of the maravar ..... whilst in captivity, took him into our favor under the impression that his confinement was a sufficient punishment, that he would no longer misbehave, but that he would act in conformity to our ordinances, delivered to him the ramnad territory on lease and thereby raising his prestige, sent him. (back) in happiness.' after referring to his .....
Tag this Judgment!Court : Chennai
Reported in : (1894)ILR17Mad21
..... statutes, have protected all such payments, by and to, and all dealings and transactions with, the bankrupt bona fide made of entered into without notice of the act of bankruptcy before the fiat; but there-is no provision by the statute law for such payments, dealings or transactions, after the fiat; and the only way by ..... 14. for the appellant it is contended (i) that the english decisions relied on by the learned commissioner do not apply to cases arising under the indian insolvency act; (ii) that assuming that they are applicable, the decision under appeal is at variance with the case of re new land development association and gray 1892 l ..... official assignee, and the learned commissioner determined it in the affirmative, the ground of decision being that the decisions on a similar question arising under the english bankruptcy acts are applicable to cases arising under 11 and 12 vic, cap. 21, that according to those decisions the after-acquired property continued in the insolvent until the .....
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