Court : Chennai
Reported in : AIR1937Mad589
..... , the receiver cannot take action under order 21, rule 89, civil p.c. he relied on both order 11, rule 1, civil p.c., and section 20, provincial insolvency act. the argument of mr. govindarajachari is that order 40, rule 1(d) comes into operation only when the property has been committed to the possession of the receiver under order ..... power of appointment he was ordered to exercise all the powers of an owner under order 40, rule 1 (d), civil p.c., and he was also expressly empowered to act under order 21, rule 89, civil p.c., to set aside the sale of the said immoveable property after raising the necessary funds. therefore his appointment as interim receiver ..... of court and not an agent of the party. but this statement is not strictly accurate because for certain purposes he does act as the agent of the real owner. as observed by phear, j. in wilkinson v. gangadhar sircar (1871) 6 b lr 486 :whatever the receiver rightly does, with regard to the property he does it simply as the agent .....
Tag this Judgment!Court : Chennai
Reported in : AIR1946Mad334; (1946)1MLJ131
..... the water from a neighbouring well in an adjoining land. to this general rule an exception has however been incorporated by the decisions in grand junction canal co. v. shugar (1871) l.r. 6 ch. a.c. 483 and english v. metropolitan water board (1907) 1 k.b. 588 which lay down the proposition that in drawing subterranean water from the ..... get at the underground water without touching the water in a defined surface channel you cannot get at it at all. you are not by your operations, or by any act of yours, to diminish the water which runs in a defined channel.' in the law relating to easements in india by peacock the following passage occurs at page 292:the ..... well or a pond be to cause damage to his neighbour by abstracting water from his field or land it does not in the least matter because it is the act and not the motive which must be regarded. no action lies for the obstruction or diversion of percolating water even if the result of such abstraction be to diminish or .....
Tag this Judgment!Court : Chennai
Reported in : AIR1937Mad31; (1936)71MLJ759
..... (1907) 32 bom. 1 or an application by a liquidator under section 186 of the indian companies act for an order upon contributories of the company to pay debts hansraj gupta v. official liquidators dehra dun-mussoorie e.t. co., ltd. (1932) 64 m.l.j. 403 : l.r. 60 ..... indap 13 i.l.r. 54 all. 1067 . in each of these instances the remedy given by a particular act is enforceable in the manner provided by that act and not ..... power to order or to do under the civil procedure code, for example, an application for probate to the court under the probate and administration act manek bai v. manekji kavasji i.l.r. (1880) 7 bom. 213 or for an order under the special rules of the ..... with the procedure laid down by rule 14(5) of the statutory rules which have been framed under the co-operative societies act. the particular course taken by the registrar in the present case was under rule 14(5)(b)lfwhich says:on application to .....
Tag this Judgment!Court : Chennai
Reported in : (1937)2MLJ60
..... indian courts. the indian evidence act in general and section 27 in particular are examples which in my opinion indicate the falsity of this point of view.46. he comes to the conclusion that ..... of opinion exists with regard to the proper interpretation of section 27. he says:there is a school of legal thought in india which holds that in construing acts of the indian legislature, the natural meaning of the sections should be given effect to regardless of previous decisions, and especially of decisions other than those of ..... dissenting that the statement by the accused that he had pledged with allah din the karas subsequently recovered from the latter was admissible under section 27 of the evidence act, but that the rest of the incriminating statement could not be received in evidence. shadi lai, c.j., says that the fact discovered may be the stolen .....
Tag this Judgment!Court : Chennai
Reported in : AIR1937Mad618; 171Ind.Cas.245
..... courts. the evidence act in general and section 27 in particular are examples which in my opinion indicate the falsity of this point of view.32. he comes to the conclusion that ..... of opinion exists with regard to the proper interpretation of section 27. he says:there is a school of legal thought in india which holds that in construing acts of the indian legislature, the natural meaning of the sections should be given effect to regardless of previous decisions, and especially of decisions other than those of indian ..... should be connected with and be relevant to the investigation. the omission to connect the weapon with the offence would render the provisions of section 27, evidence act wholly nugatory. the whole confession of a prisoner in police custody cannot of course go in but where the confession includes a statement that a weapon was used .....
Tag this Judgment!Court : Chennai
Reported in : AIR1938Mad911; (1938)2MLJ523
..... the promisee happens to know the reason for which the defendant promisor had executed the promissory note in his favour. as pointed out by mukerjee, j., in dehra dun electric tramway company v. official liquidators i.l.r.(1929) all. 406:a contract cannot be vitiated, as a collateral contract happens to be unenforceable at law ..... for anthonimuthu cannot be said to be illegal. if the object and consideration are legal, the contract cannot be avoided under section 23 of the indian contract act. gnanaprakasam's knowledge of the defendant's motive in executing the promissory note cannot be held to make it unenforceable at his instance. motive should not be ..... nanoo sanker tawker : (1908)18mlj456 to substantiate his contention. they are authorities for the proposition that any one who contributes to the performance of an illegal act with a knowledge that the subject-matter of his contract is intended to be illegally applied cannot recover on the contract. this proposition may be correct and even .....
Tag this Judgment!Court : Chennai
Reported in : (1940)2MLJ436
..... an exclusively religious purpose is a charitable purpose and whether a society formed for such a purpose would be a charitable society within the meaning of the act because in our opinion where a society is formed for certain purposes whose paramount object is charitable, the fact that some of the purposes may not ..... relief sought in the plaint. he formulated his contention thus : (1) the society was a religious society and therefore incapable of incorporation under the societies registration act as only charitable societies could be incorporated thereunder; and (2) even if the society was a validly incorporated society it could not acquire by prescription the office ..... , 1918. in view of this common danger everybody including the defendant conceived the idea of forming a society and getting it registered under the societies registration act and vesting the management of the mosque in a governing body of the society. accordingly a society was formed and registered under the name and style of .....
Tag this Judgment!Court : Chennai
Reported in : (1941)2MLJ754
..... . there is nothing in article 182 which may call for that treatment, hansraj gupta v. official liquidators of dehra dun etc., company i.l.r.(1932) all. 1067. the reason given by the learned judges that the court may in certain cases treat a proceeding under section ..... learned judges called 'ordinary parlance'. since a suit is, according to the explanation in section 3, instituted when the plaint is presented to the proper court, the act clearly draws a line between the presentation of a plaint and making an application and it cannot be obliterated unless there was something repugnant in the subject or context ..... conclusions. the learned judges of the bombay court were not considering the case of a plaint at all but that of an application under the succession certificate act and had therefore no occasion to say anything about the plaint being treated as an application within the meaning of article 182. the second reason given by .....
Tag this Judgment!Court : Chennai
Reported in : AIR1944Mad82; (1943)2MLJ434
..... interpret the words ' money due ' in section 186(1) of that act as including a barred debt, having regard to the place and context in which the words ..... scaling down of his debt under the act, another prayer for a declaration that there was no debt at all recoverable by reason of the law of limitation. we have been referred to a decision of the privy council under the indian companies act, hansraj gupta v. official liquidator of dehra dun, etc. where their lordships declined to ..... hypothetical case which has been put before us. it might perhaps be possible having regard to the unusual circumstance of the applicability of section 60 of the contract act to regard the barred debt in such a case as something different from an ordinary barred debt for the purpose of granting relief. it is, however, apparent .....
Tag this Judgment!Court : Chennai
Reported in : AIR1945Mad157; (1945)1MLJ233
..... would in our judgment be putting a forced construction on the words and would run counter to the intention of the legislature when it inserted article 59 in the limitation act.12. when the present case was before wadsworth and patanjali sastri, jj., it was argued that the stipulation for payment of interest on the 31st march of every year ..... demand except in cases with which the law merchant is concerned. the view expressed by seshagiri aiyar, j., conflicts with the provisions of article 59 of the limitation act. there may be an agreement in writing for money lent which has got nothing to do with the law merchant. any agreement for money lent payable on demand makes ..... reference is necessary is perianna goundan v. muthuvira goundan : (1897)7mlj315 . this was a suit to recover money due under a mortgage executed before the transfer of property act was passed. the deed provided that i the loan should be payable on demand. the suit was filed more than twelve years after the date of the bond. it .....
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