Court : Chennai
Reported in : 37Ind.Cas.728
..... death of the deceased partner. the learned lord seems to suggest that the amount due to the deceased partner is a loan and nothing more. in section 43 of the english partnership act of 1890, this is how the law is stated, 'subject to any agreement between the partners, the amount due from the surviving or continuing partners ..... contract debt and is subject to the statute of limitations, which runs from the deceased partner's death.' if we look at section 241 of the indian contract act, the same idea seems to underlie the provision in that section. i am, therefore, of opinion that, even assuming that there was no legal settlement of accounts, if the sum of ..... first observation that occurs to me in connection with that illustration is that it goes further than the operative portion of the section itself. under the section, there must be some act on the part of the person which is unauthorised and which aims at gaining an advantage to himself at the expense of the minor. the illustration is .....
Tag this Judgment!Court : Chennai
Reported in : 37Ind.Cas.799
..... return for the money lent by them and their claim is for another very large sum, can make no difference.3. the question is governed by section 74 of the contract act. that section has been considered in a number of cases and very fully by a recent full bench of this court in avathani muthukrishnier v. sankaralingam pillai 18 ind ..... w.n. 775. the addition of the words or if the contract contains any other stipulation by way of penalty' to section 74 by the indian contract (amendment) act of 1899 has, undoubtedly, considerably enlarged the scope of that section and it has the effect, as has been pointed out by more than one learned judge, o getting rid of all ..... the original rate of interest and a provision for a higher rate of interest than the original rate. under section 74 of the contract act the question in each case will be whether the stipulation is penal. the explanation to the section seems to cover this case. it is there provided that a stipulation for increased interest from date of .....
Tag this Judgment!Court : Chennai
Reported in : (1917)32MLJ85
..... in possession at the time of such extinction, though it is sometimes said that the adverse possessor for the requisite period obtains a title by statutory transfer. section 28 of the limitation act like section 34 of 3 and 4 will. iv cha. 27 merely extinguishes the title of the real owner, and the person in possession who had a right ..... that if a transferee from a trustee or mortgagee knew that his vendor was a trustee or mortgagee he cannot be a 'purchaser' within the meaning of section 5 of the act of 1859 corresponding to art, 134. they merely use that fact as an element to be taken into consideration in determining the question whether in fact the ..... proprietary right therein', that is, in the charity properties.5. next he contends that there was no limit of time for the institution of this suit and that section 10 of the act applied. the argument, if we understood right, was that the 1st defendant was not an assign for valuable consideration, because though he is an assign and though .....
Tag this Judgment!Court : Chennai
Reported in : 36Ind.Cas.771
..... khushhali ram v. bholar mal 28 ind. cas. 573 : 13 a.l.j. 270 that a creditor can apply under section 36 of the act and i agree with that ruling. i am, therefore, clearly of opinion that the appellant was entitled to appeal and i ..... .l.t. 432 : 39 m.k 479 we have a case where a creditor was allowed to apply to the court under section 22 as a person aggrieved against an order of the receiver varying the terms of the sale proclamation of the insolvent's properties, ..... krishnan, j.1. this is an appeal under section 46 of the provincial insolvency act against an order of the district judge of trichinopoly under section 36 of the act, which set aside a sale by the insolvent of some of his properties to ..... the 1st respondent for a sum of rs. 4,000 within two years of the date of the insolvency, as not made in good faith; the order stated that he may be given a charge for the amount on the property.' the application under section .....
Tag this Judgment!Court : Chennai
Reported in : (1917)32MLJ541
..... belong to the landlord and could be cut and removed by him. in so far as the ownership of the trees is concerned there is nothing retrospective in the act, for although section 19 is retrospective in so far as the right of the tenant to make improvements and to claim compensation for them is concerned, it does not otherwise purport to ..... of the right of the trees no judicial pronouncements have been quoted to us on either side. mr. rosario relied upon certain observations in narayana v. narayana i.l.r. (1884) m. 284 as indicating that the trees under the customary law of malabar belong to the landlord. i do not think that this suggestion is borne out by the judgment ..... , and the tenant would be disentitled to compensation if they are not there. i therefore think that the clause in exhibit a is opposed to section 19 of the act of 1900 and section 7 of the act of 1887.17. one other contention of the learned vakil may be dealt with in this connection before dealing with the value of paddy. mr .....
Tag this Judgment!Court : Chennai
Reported in : 36Ind.Cas.833
..... general clauses act would apply. section 380 provides for the levy of a fine by distress and sale of any moveable property belonging to the offender and the word distress is ordinarily used with ..... would certainly include a debt but in the context in which the words are used in section 386 they do not appear to have been used in such a large sense even assuming that the definition in the ..... code but under section 4, clause 2, the definition contained in the penal code is to be taken as the definition of these words. the penal code contains a definition or an explanation which is not decisive on this point, for moveable property according to that definition includes corporeal property, etc. the definition under the general clauses act of 1817 .....
Tag this Judgment!Court : Chennai
Reported in : (1917)ILR40Mad589; 41Ind.Cas.655
..... 1915, when his application was refused. he subsequently appealed against the refusal unsuccessfully. but that is not material, because he argues that under section 188 (5) if a license is not refused within thirty days of its being applied for, the place in question shall be held to ..... refusal of the license in sections 189. if it were so read, section 188 (5) would to a large extent be deprived of its necessity. we set aside the decision of the sub- ..... be duly licensed for the financial year for which the license was sought.3. this argument is justified by the wording of section 188 (5); for we cannot accept the learned public prosecutor's suggestion that it should be read subject to the reference to the ..... order1. the petitioner has been convicted of an offence punishable under section 189, act iv of 1884, that is, boiling paddy in an unlicensed place.2. there is no dispute as to the facts. the .....
Tag this Judgment!Court : Chennai
Reported in : 37Ind.Cas.404
..... limitation that it has, in the given case, jurisdiction of the subject-matter' and in section 591 'by the general consent of nations, therefore, in cases of immoveables the judgment pronounced of the forum rei sitae is held absolutely conclusive.........on the other ..... country, it is indispensable to establish that the court pronouncing judgment should have a lawful jurisdiction over the cause, over the thing, and over the parties.' in section 590, he states 'the position that the sentence of a foreign court is conclusive with respect to what it professes to decide is uniformly qualified with the ..... probate or letters of administration and had in fact instituted a suit on the 22nd october 1892 in the court of first instance at pondicherry alleging various acts of malversation and breaches of trust against 1st, 2nd and 3rd defendants in this suit and asking for their removal from the office of administrators and members .....
Tag this Judgment!Court : Chennai
Reported in : 37Ind.Cas.773
..... required.3. attempts have been made to support the lower court's order on two grounds. first, it is urged that it should be treated as passed under section 22 of the act, because respondent is a creditor or a person aggrieved by the receiver's omission to give a conveyance in accordance with exhibit e. one objection to this is that ..... passed no orders and time for suing would begin to run (meaning presumably---'would expire') on 24th may 1912, he filed a petition on 8th april 1912 under section 16 (b) of the act, asking for permission to sue the receiver on exhibit e, (3) as no orders had been passed on either his affidavit or petition, he now asked the court ..... an application under section 22 must be founded on an act or decision of the receiver, and none is alleged in the petition. for his mere omission to give a conveyance, when no request to him is mentioned .....
Tag this Judgment!Court : Chennai
Reported in : (1916)31MLJ698
..... accordingly, the only jurisdiction that the high court can have to make provision for the fees of vakils as between party and party is contained in the legal practitioners act and section 27 expressly confines the high court's powers to make such regulations to the appellate side of the high court. it is urged that if vakils were to be supposed ..... and thus enjoy a privilege denied to all vakils enrolled in the court of bombay itself.14. a further argument was addressed to me on the construction of section 27 of the act which runs as follows:--the high court shall, from time to time, fix and regulate the fees payable by any party in respect of the fees of his ..... vakil from appearing on the original side of a high court. i think this argument is unsound because the governing words of the section appear to me to be the words ' under this section '. at the time when this act was passed, vakils had no right of audience on the original side of the high courts of calcutta and bombay and without .....
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