Court : Chennai
Reported in : (1918)ILR41Mad265
..... the privy council on the general language used in section 240 of the act of 1859. sections 270 and 271 of the act of 1859 gave priority to the first attaching creditor and provided for rateable distribution between other decree-holders who had taken out execution and ..... the creditor who obtained the attachment and that the protection cannot. be extended to all persons who at any future time might possibly obtain execution of their decrees. section 276 of the act x of 1877 which introduced the words' as against all claims enforceable under the attachment' was, in recognition of the limitation imposed by courts in india and ..... off a re-attachment will be necessary which will be of no avail if it is subsequent to the alienation, see gobind singh v. zalim singh i.l.r. (1884) all 33 and mina kumari bibi v. bijoy singh dudhuria i.l.r.(1917) calc. 662. in order to get over this difficulty we shall have to read into .....
Tag this Judgment!Court : Chennai
Reported in : (1918)35MLJ11
..... village to the ryots proved by the statement of the karnam in exhibit j. i agree with my learned brother that this document is receivable in evidence under section 34 of the evidence act. the statement is as follows : ' coming to know that the other ryots were not able to pay poruppu-guttagai the kandetha poruppuguttagai was fixed for all ..... a verbatim report of the karnam himself. i think that this is receivable in evidence as being an official record compiled in the course of business, under section 84 of the evidence act.10. now as regards the value and effect of this document the tenants contend that by this document they obtained a right for all time to come to ..... successors of the zamindar who granted it. it was conceded that the original grantee is dead and that there have been three generations since his time. section 26 of the estates land act provides that except in the case of grants made by a zamindar to enable the grantee to clear the jungle and to bring the waste land into .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad222; 44Ind.Cas.663
..... . the district judge observed that if there had been a fixed money rent or a fixed grain rent on the lands, the ryots would have been bound by section 4 of the act to pay rent so long as the land was in their holding.12. if he meant by this observation that where a money assessment is fixed on the lands ..... point has been correctly expressed in the judgment in arunachallam chettiar v. mangalam 35 ind. cas. 329 where all the principal authorities have been carefully considered. under section 4 of the madras estates land act, the land-holder is entitled to collect rent in respect of all ryoti land in the occupation of a ryot and it does not make this right ..... subject to any custom. prima facie, section 4 entitles the landlord to collect rent on the land left waste by the tenant. see segu rowthen v. alagappa chetty (1914 .....
Tag this Judgment!Court : Chennai
Reported in : 46Ind.Cas.500; (1918)34MLJ145
..... too absurd to be accepted.9. the last contention on behalf of the municipal council is a highly technical one and is based on that unfortunate section 5 of the indian contrast act. the argument is this: suppose an intending shipper, to forward through ripley and co. a request for cargo space to gordon woodroffe and co. ..... concern myself with the third which was demanded on the 18th january last and paid on the 30th, the other two being time-barred. the tax is leviable under section 53 of the statute on every person who, within the municipality, exercises any one or more of the arts, professions, trades, or callings specified in schedule a ..... in southern india, among them madras, and cocanada on the coromandel coast in godavari district. the defendants are a district municipality constituted under the madras district municipalities act of 1884, and they have demanded a profession tax from the plaintiff company.2. the tax has been paid by the plaintiff company under protest and they now sue to .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad311; 44Ind.Cas.479
..... fact that a similar promise in england may not be enforced by the courts of law is not conclusive of the question, as definition of consideration in the indian contract act is wider and more comprehensive than is accepted in the english courts. kedar nath bhattacharji v. gorie mahomed. 7 ind. dec. 43 has been accepted as good law in abdul .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad111; 43Ind.Cas.605
..... b. 260 : 7 ind. dec.632.6. taking it, then, that these statements are confessions, are they rendered inadmisr sible in evidence by the provisions of sections 24 and 26 of the indian evidence act section 24 runs thus: 'a confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the court to ..... two cases in which the lapse of time has been considered as a reason for refusing to require explanation [queen-empress v. burke 6 a. 224 : 55 a.w.n. (1884) : 3 ind. dec. 832 and district magistrate of bellary v. cbbava 16 ind. cas. 164 : (1912) m.w.n. 529 : 13 cri. l.j. 596], but in both cases this ..... was discovered and even taking it to be that period, i do not think that the interval is so long that in the circumstances proved, a presumption under section 114 of the evidence act should not be drawn.32. in this view, i think that the accused's guilt has been satisfactorily established and i would dismiss the appeal and confirm the .....
Tag this Judgment!Court : Chennai
Reported in : 44Ind.Cas.367
..... son of the plaintiff in the previous litigation sued along with three others the same defendants for a declaration that the path is a public one. the necessary sanction under section 91 of the civil procedure code was obtained to institute the suit. the defendants now plead that it is a private right of way. the district munsif overruled this plea and ..... parties. see sayam ramamoorthi dhora v. secretary of state 19 ind. cas. 656.3. but we think that the present contention is res judicata and that explanation vi to sectional governs this case. the essence of a litigation, which is carried on by a private party for injuries sustained by him in the exercise of a right common to him ..... others. muhammad amir v. sumitra kuar 24 ind. cas. 97 is also to the same effect. the decision in rama das v. hanumantha bow 12 ind. cas. 440 under section 92 of the code enunciates the same principle.4. for these reasons we are of opinion that the finding in the. previous litigation that the suit path is public one .....
Tag this Judgment!Court : Chennai
Reported in : (1918)ILR41Mad589
..... i therefore hold that exhibit b was a valuable security when accused altered it.10. the result is that accused's conviction of the offence punishable under section 467 or section 474 of the indian penal code in the alternative is confirmed. as regards sentence both learned judges considered that the period of four years imposed by the ..... ; and therefore its character as a 'document' is the only further matter to be established. certainly it fulfills the requirements of the definition of a 'document' in section 29, since the matter expressed on the paper comprising it might be used, even apart from the additions under discussion, as evidence of the rights in the property, ..... was no charge of conspiracy and it therefore does not seem material that the completion was intended to be effected by further forgery, and not, as here, by persons acting honestly. these decisions followed the decision in r. v. bingley (1821) r. & r. 449 in which the trial judge submitted the case as being that:unless .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad36(2); 43Ind.Cas.578; (1917)33MLJ729
..... however the court on the materials before it comes to the conclusion that a person had a specified intention when he did an act which is not the intention required to make his act an offence under section 441 the mere fact that he would have known that certain consequences would happen if he had paused to consider would in my ..... house the judgment proceeds on the broad ground that 's. 441 is so worded as to show that the act must be done with intent and does not as other sections do (e.g., section 425) embrace the case of an act done with knowledge of of the likelihood of a given consequence.' to introduce the rule that knowledge of consequences is ..... he will cause injury fear or annoyance to the person to whom the force is used.' the contrast with the language of section 441 is very suggestive,3. in these circumstances, when in the isolated section 441 doing the act with the specified intent is alone made punishable, the inference appears to be that the legislature did not intend that in .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad150; 43Ind.Cas.593
..... i, therefore, hold that exhibit b was a valuable security when accused altered it.27. the result is that accused's conviction of the offence punishable under section 467 or section 474 of the indian penal code in the alternative is confirmed. as regards sentence both learned judges considered that the period of four years imposed by the lower ..... was no charge of conspiracy and it, therefore, does not seem material that the completion was intended to be effected by further forgery, and not, as here, by persons acting honestly. these decisions followed the decision in r. v. bingley r. & r. 446, in which the trial judge submitted the case as being that, unless in ..... perpetrating the deceit is not entitled either legally or equitably. there can be no intention to defraud where no wrongful result was intended or could have arisen from the act of the accused. a man cannot be convicted of forgery where his intention has been merely to secure something to which he was legally entitled.' (i would add .....
Tag this Judgment!