Court : Chennai
Reported in : AIR1915Mad356(2); 25Ind.Cas.393
..... the parties will give and take proportionate costs.6. under section 34 of the act the appellant is entitled to interest on the additional amount which we have awarded at 6 per cent. from the date of taking possession of the premises by the collector. ..... pay the collector's costs, though we think he was quite justified in depriving her of her own costs under the discretion given to him under section 27 of the act. therefore, we direct the decree as to costs to be modified by making each party bear his own costs in the lower court, as regards the costs in this court .....
Tag this Judgment!Court : Chennai
Reported in : 25Ind.Cas.324
Ayling, J.1. With all deference to the view of the learned Judge who heard the revision petition, I am unable to construe the finding of the Deputy Magistrate as anything but a finding that both parties were in joint possession. This being so, it seems clear that Section 146, Criminal Procedure Code, gives him no jurisdiction to pass an order of attachment. The order must, therefore, be set aside.Seshagiri Aiyar, J.2. The petitioner complained to the Sub-Divisional Magistrate, Dindigul, that the counter-petitioner was preparing to commit a breach of the peace by forcibly entering upon properties which were in his exclusive possession. The defence was that the properties in dispute were the joint properties of the petitioner and the counter-petitioner and that they are in their joint enjoyment.' The Magistrate inquired into the matter and came to the conclusion that the allegation of the counter-petitioner as regards item 3 was true. He held 'that he could not issue an order declaring j...
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad110; (1914)27MLJ400
..... the administrator would have power to deal with everything that is covered by the grant without obtaining the special sanction of the court. although the administrator-general's act does not in express words, state that all the properties over which the administrator-general has obtained letters of administration vest in him, section 33 contemplates the ..... of letters of administration would not be in any better position than a private administrator. in lal chand ramdayal v. gumtibai, ghella petna et al v. gumtibai (1871) 8 bom. h.c.r. 140 ', there is an observation at page 153 that an administrator-general who has obtained a fiat for letters of administration would ..... granted. the section under which letters of administration are granted is section 20, and this section contains no words to the effect that the administrator-general must act 'under the orders and directions of the court'. in the absence of any words to the contrary it may be presumed that after receiving the letters of .....
Tag this Judgment!Court : Chennai
Reported in : (1915)ILR38Mad1134
..... administrator would have power to deal with everything that is covered by the grant without obtaining the special sanction of the court, although the administrator-general's act does not, in express words, state that all the properties over which the administrator-general has obtained letters of administration vest in him, section 33 contemplates ..... granted. the section under which letters of administration are granted is section 20, and this section contains no words to the effect that the administrator-general must act 'under the orders and directions of the court.' in the absence of any words to the contrary, it may be presumed that after receiving the letters ..... j., that an administrator-general holding an estate under section 18 of the administrator-general's act pending the grant of letters of administration would not be in any better position than a private administrator. in lalchand ramdayal v. gumtibai (1871) 8 bom. h.c.r, there is an observation at page 153, that an administrator .....
Tag this Judgment!Court : Chennai
Reported in : (1914)27MLJ621
..... to obtain a mortgage in his own name, it is hardly likely that he would have disclosed to the mortgagor the fact that he was using family funds or was acting on behalf of any body except himself. the 1st defendant, who is the mortgagor does not state that at the time of the mortgage the plaintiff disclosed the name of ..... with all the members of the family. even if plaintiff was the agent i am of opinion that he can sue alone as he did not disclose that he was acting for the other members of the family. in bungsee singh v. soodit lall i.l.r. (1881)c. 739 the right of the mortgagee to sue on the mortgage was ..... was open to the plaintiff to sue in his own name (1) because the contract was between himself and the 1st defendant without disclosing the fact that the plaintiff was acting for any body else or using the funds of third parties and consequently he should be deemed to be in the position of an agent contracting for undisclosed principal and .....
Tag this Judgment!Court : Chennai
Reported in : (1914)27MLJ618
..... properties are not 1st. defendant's self acquisition. the more important question relates to the jurisdiction of the civil courts to entertain the suit without a certificate under the pensions act. the finding of the courts below, we take to be, that the grant to thimrna raju's ancestors was of the land itself. there has been no suggestion ..... the original grantees had any kudivaram right in the soil prior to the grant to them. these considerations have to be borne in mind in deciding whether the pensions act applies to this case. section 4 interdicts the filing of suits relating to pensions, grant of land revenue or grant of money without a certificate. whether grant of ..... conclusion is that in cases of partition of the land granted as inam among the members of the grantee's family, the pre-requisite of filing a certificate under the act has no application. this is supported by a large number of decided cases. panchanada v. neelakanda i.l.r. (1888) m 191 lays this down in distinct terms .....
Tag this Judgment!Court : Chennai
Reported in : 25Ind.Cas.428; (1914)27MLJ582
..... the settlement are not' carried into effect it will make the settlor liable for breach of trust. it will not destroy the once validly created settlement. under the indian trusts act (ii of 1882), which no doubt applies in terras only to private trusts, it is not open to a settlor to revoke a completed settlement. the english law is to ..... from this recital that the lady treated exhibit i as a valid dedication; only she thought she had power to revoke, it. she says ' i am not now willing to act according to that deed of gift'. the fact mostly relied upon by the learned vakil for the appellant is that after exhibit i nilayathakshi dealt with the property as if .....
Tag this Judgment!Court : Chennai
Reported in : 30Ind.Cas.451
..... against the accused. apart from it, i am not satisfied on the facts, as they now appear on the evidence, that the accused took any-undue advantage, or acted in a cruel or unusual manner. for in this connection, i do not think that section 86 requires us to disregard the fact that accused was intoxicated; section 86 ..... and 'intent' are both referred to in the earlier portion of the section. on the other hand, it must be noted that section 86 expressly deals with 'cases where an act [is] don...with a particular knowledge or intent.' it may, therefore, be (as was contended by the public prosecutor) that section 86 implies that intent should be inferred from ..... (appellant is said to have been drunk) makes no difference to the knowledge with winch a man is credited. if the accused knew what the natural consequences of his act were, he must be presumed to have intended to cause them, the offence, therefore, comes within the substantive portion of section 300 of the indian penal code. it .....
Tag this Judgment!Court : Chennai
Reported in : (1914)27MLJ253
..... and on ordinary occasions;' and(b) a permanent injunction restraining the defendants and their community from causing any obstruction to the plaintiffs and their castemen in their performing the above acts claiming the said right by virtue of such declaration.2. the principal compartments of an ordinary siva temple are (1) the garbagriham where the principal fixed image is established and .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad603; (1914)27MLJ681
..... given to the sons it cannot be said that the gift to the grandchildren was intended to come into operation after the 14th february 1914 the date on which the act was passed. except the right to receive maintenance subject to certain conditions there has been no gift in favour of the sons. as the gift to children is invalid ..... and the ascertainment and delivery of their share. defendants 2 and 5 the executors with probate deny that they undervalued the estate or were guilty of any of the acts set out in the plaint and pray that the will may be construed and the rights of the parties ascertained. the 4th defendant filed a written statement pleading that ..... benefit of the testator's grandchildren who were to take all the property, that defendants 2 and 5 obtained, probate of the will and nave been guilty of various acts of mismanagement, that the bequests to the testator's grandchildren are void as they were not in existence when the testator died and that there has been an intestacy which .....
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