Court : Chennai
Reported in : (1916)31MLJ347
..... and registration. in the view that i have taken, if there has been independent evidence of the equitable mortgage, the plaintiff would have succeeded. section 92 of the evidence act will be no bar to the reception of oral evidence, because the transaction alleged and sought to be proved is an equitable mortgage whereas the letter ..... mortgage would not entitle the mortgagee to any personal remedy. on this ground alone, it must be held that the letter in question requires registration under section 17 of the act and being unregistered is inadmissible in evidence. if the letter be put aside, there is no other evidence that the titledeeds were handed over for the ..... titledeeds is not created by the writing which accompanies, precedes or is contemporaneous with the deposit. the essence of this transaction is the deposit. (section 59 of the transfer of property act). it is that that creates the mortgage. it may be that the letter or agreement executed with reference to it contains the terms of the .....
Tag this Judgment!Court : Chennai
Reported in : 37Ind.Cas.456
..... possession as auction-purchasers against the defendant. defendant's case is that plaintiffs' decree and auction-purchase are subject to his rights under his 1st mortgage-deed of 1884 on which he is entitled to rely against the plaintiffs notwithstanding the execution of exhibit ii and, therefore, the plaintiffs' suit for possession must fail. the learned ..... statement that his charge and his decree-debt were both extinguished. the learned judge on the original side observed: the law imputes to a person an intention to act according to his interest. that presumption is made even when the mortgagee, as in this case, may not have been aware of the circumstances indicating what course of ..... . should not be applied to india and the question should be treated as one of justice, equity and good conscience. the presumption that a man intends to act for his own benefit is so strong that very clear and cogent evidence to the contrary is necessary to replace it. lard justice parker has stated the result .....
Tag this Judgment!Court : Chennai
Reported in : 36Ind.Cas.787
..... he was a consenting party to the manner in which the business was carried on. he must, therefore, be considered to be a partner, and then under section 248 of the indian contract act he became liable on attaining majority for all obligations incurred since he became a partner, and has failed to give public notice of his repudiation of the partnership ..... intended to lay down any such proposition.4. where, however, a minor is shown to have been admitted to the benefits of a business, the principle underlying section 247 of the indian contract act may rightly be applied and his share in the property acquired out of the proceeds of the business held, liable for the obligation which arose in the course .....
Tag this Judgment!Court : Chennai
Reported in : (1916)31MLJ870
..... the end of falsi 1320 and there is no written agreement for fasli 1321. no pattas. and muchilikas were exchanged between the parties at any time. under section 27 of the act the tenants must however be presumed to have held the land under the same terms as to rent as existed for the previous fasli unless the contrary is ..... chief justice regards the time of letting as equivalent to the time of admission, but as, admission to possession is given a special meaning in the explanation to section 6 of the act, namely, the receiving of any payment for occupation, i am doubtful whether we should understand the expression 'the time of letting' as meaning more than the time ..... two batches of suits one by the proprietor of the gopalpur estate for arrears of rent for fasli 1321 against his tenants under section 77 of the madras estates land act and the other by the tenants under section 55 against him for proper pattas. the appellants before us are the tenants in both batches.7. the first point taken in .....
Tag this Judgment!Court : Chennai
Reported in : (1916)31MLJ513
..... as for the recovery of the balance in case the saleproceeds resulted in a deficit, was generally prevalent. the new code of civil procedure by miking section 90 of the transfer of property act part of the procedure to be followed in the framing of decrees has drawn pointed attention to what a mortgagedecree should contain at the outset and when ..... between the parties thereto.' it has also been held that in the case of such decrees it is not necessary to apply for a further order under section 90 of the transfer of property act, after exhausting the mortgaged properties ; sadho singh v. the maharaja of benares 5 and periyasami kone v. muthia chettiar i.l.r. (1911) m. 104 21 ..... though it might have been open to the party to have executed the other portions earlier.' those two cases did not raise a question under section 48 of the code of civil procedure, but under the limitation act and they are not direct authority for the present case. in sabhanatha v. lakshmi i.l.r. (1883) m. 80, in the .....
Tag this Judgment!Court : Chennai
Reported in : (1916)31MLJ851
..... the penalty prescribed by section 35 of the act. section 5 says 'any instrument comprising or relating to several distinct matters shall be chargeable with the aggregate amount of the duties with which separate instruments, each ..... if the writing at page 70 be held to be an acknowledgment of a debt, both should be read as one instrument to which either section 5 or section 6 of the indian stamp act applies and that the document could not, therefore, be excluded from evidence but should have been admitted, the plaintiff being allowed to pay ..... a certain amount was due by him to the plaintiff it followed that he himself could have no claim against the plaintiff. but in applying section 5 of the indian stamp act one is concerned with what the parties purported to provide for by an instrument and not whether any particular provisions were necessary or might have .....
Tag this Judgment!Court : Chennai
Reported in : 36Ind.Cas.483; (1916)31MLJ440
..... , karnam yelluppa v. emperor (1914) 4 cr. l.r. 387 the order revised having been passed by a criminal court).21. as regards interference under section 15 of the charter act that section should be resorted to in practice only where irremediable wrong would be done; but for such interference (sea per spencer, j. in sambasiva aiyar v. ganapathy ..... of superintendence should be invoked only in exceptional cases; and. this is not one. the question then is whether the district munsif in the words of section 115(c) acted in passing his order illegally or with material irregularity in the exercise of his jurisdiction; and i therefore note once for all that we are in my opinion ..... , having regard to the opinion of their lordships of the privy council in the well known case of ameer hassan khan i.l.r. (1884) c. 6 decided thirty years ago. if section 439 of the criminal procedure code were held applicable to this case in revision, i would not have felt so much hesitation to interfere in revision. (mr .....
Tag this Judgment!Court : Chennai
Reported in : (1916)31MLJ479
..... govinda pillai (1916) 30 m.l.j. 180), but i would go rather further than he does in applying those principles to a suit for maliciously proceeding under section 20 of the cattle trespass act. the court of appeal in england has, in quartz hill gold mining company v. eyres (1883) 11 q.b.d. 674 and wiffen v. bailey and ramford ..... to consider this question further.5. the only other ground on which the action can be sustained is that the plaintiff's reputation suffered by the complaint under section 20 of the cattle trespass act. it certainly looks as if it would be straining the language too far to say that an injury to a man's reputation has been done by ..... or reputation which the prosecution involves.4. i shall now proceed to consider the present case in the light of the above principles. the proceedings under the cattle trespass act are of a criminal nature ; but no imprisonment is provided for the offence under section 20. a fine in the nature of a solatium is to be levied. a complaint under .....
Tag this Judgment!Court : Chennai
Reported in : 36Ind.Cas.387; (1916)31MLJ502
..... , as if it represented a sixth of the debt, but that its value should be deducted from the debt advanced to the father. the analogy of sections 14 and 15 of the specific relief act may assist this contention. but the point not having been raised in the courts below and the materials available for apportioning the value not being available we ..... defendants and their own joint family properties liable for the decree. whatever may have been the difficulties in passing such a decree under section 234 of the old code of civil procedure, it seems to us that under section 52 of the new code, such a decree is perfectly legitimate. see kameswaramma v. venkata subba row i.l.r. (1914) m. 1190 .....
Tag this Judgment!Court : Chennai
Reported in : 40Ind.Cas.820
..... finding in exhibit 42 as to the truth of the agreement is a res judicata in this suit. it would be so (see section 11 of the civil procedure code) if the fact of this agreement was directly and substantially in issue in the former suit, if, according to ..... given by a decree. we relied on sankaran nambiar v. kanara kurup 22 m.k 182 which was decided on the language of section 258 of the old civil procedure code. we thought that the slight change in the language introduced by order xxi, rule 2, of the new ..... the decree in the suit of l896, it is invalid under order xxxii, rule 7, of the code of civil procedure corresponding to section 462 of the old code, as not having been sanctioned by the court. order xxxii, rule 7, clause 2, of the code ..... to the extent of any money payable under it.' in the view i take of the facts the suit will not fee barred under' section 48, civil procedure code, by reason of more than twelve years having elapsed since the date of the original decree i.e., 7th march 1896 .....
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