Court : Chennai
Reported in : 41Ind.Cas.208
..... part thereof beyond his own lifetime, except under circumstances which would entitle the managing member of a joint family to do so, the enactment of section 4 (1) of the impartible estates act was superfluous so far as this estate was concerned. that the law of impartibility depends on the family custom of succession and not on the ..... the court which passed the decree and such court deems the consideration to be under the circumstances reasonable'. 'any sum paid in contravention of the provisions of this section shall be applied to the satisfaction of the judgment-debt'. i think these are imperative provisions and rs. 2,000, which has been admittedly paid under an ..... been under usufructuary mortgage since 1882 to his knowledge and had been under a court receiver before that, that the tirutani taluq has been under usufructuary mortgage since 1884 and that in the pallipat taluq various villages have been under mortgage since 1882, and he ends by admitting that there does not appear to be even .....
Tag this Judgment!Court : Chennai
Reported in : (1917)ILR40Mad925
..... case, it is unnecessary to express a final opinion upon most of those questions.5. the indian majority act fixing eighteen years as the age of majority says in section 2:nothing herein contained shall affect the capacity of any person to act in the following matters: (a) marriage, dower, divorce and adoption.6. we have therefore to turn ..... same reasons that require majority of a man for his competency to bequeath his property by a will apply with greater force to an adoption; for both are acts requiring judgment and reflection.the religious duty of adoption attaches to a married man failing to get male issue. and regard being had to the provisions of the ..... reference to indian law that this definition is applicable to no power ordinarily exercisable by a minor, because a minor can incur no sort of obligation during minority, his contractual acts being void ab initio: mohori bibi v. dharmodas ghose i.l.r. (1903) calc. 539 and navakotti narayana chetty v. logalinga chetty i.l.r. (1910) mad .....
Tag this Judgment!Court : Chennai
Reported in : 40Ind.Cas.518; (1917)32MLJ119
..... to express a final opinion upon most of these questions.4. the indian majority actfixing 18 years as the age of majority says in section 2: '.nothing herein contained shall affect the capacity of any person to act in the following matters:-(a) marriage, dower, divorce and adoption:' we have, therefore, to turn to the hindu law as to ..... the same reasons that require majority of a man for his competency to bequeath his property by a will, apply with greater force to an adoption; for both are acts requiring judgment and reflection.' 'the religious duty of adoption attaches to a married man failing to get male issue. and regard being had to the provisions of the codes ..... have any degree of validity, and does not, like the oases dealing with adult purdawashin ladies, merely lay down a rule of evidence. if the minor widow's act is ab initio totally invalid for want of independent advice, it isawftot be validated later by anything of the nature of ratification.12. the foregoing assumes that an adult .....
Tag this Judgment!Court : Chennai
Reported in : 37Ind.Cas.776
1. We think that under the circumstances, this is a case in which the plaintiff's conduct practically amounted to a waiver by acquiescence of performance of the contract to sell. Admittedly there was an oral understanding that the sale-deed should be executed by April 30th, 1908. On May 1st the plaintiff wrote that the Sale-price was ready and asked 1st defendant to come to Dharapuram where plaintiff lived, execute the sale-deed and receive the money. On May 7th, 1st defendant having come to Dharapuram gave notice to the plaintiff that he had been waiting from April 17th to 21st and from May 5tb to 7th and that he would give him time till the 10th to conclude the sale. The plaintiff received this notice on the 8th but did nothing towards performing his part of the contract. On the 3th, the 1st defendant intimated to the plaintiff that the contract had been put an end to Nearly three years afterwards, viz., on April 29fch, 1911, the plaintiff instituted this suit to enforce specific per...
Tag this Judgment!Court : Chennai
Reported in : 37Ind.Cas.525
..... to strike at the root of the allegiance due from the subject: this question requires a great deal more argument than has been addressed to us; but under the press act; section 4, the subject is not deprived of the right of showing that the forfeiture has not been incurred. instead of taking the decision of the court' first and then ..... with the maintenance of law and order. i propose to keep before me these principles in judging of the character of the articles complained of.128. on one other section of the act, i shall say a word, before discussing the articles. when mrs. besant wanted to put in copies of other articles which appeared in the ' new india' newspaper, ..... . mrs. besant suggested that our rights of interference are not controlled by the grounds that are open to the party. but the foundation of our jurisdiction under the act is section 17. it is a statutory right that we are asked to exercise; and we can grant relief only in respect of the grounds on which the party can seek .....
Tag this Judgment!Court : Chennai
Reported in : (1917)32MLJ151
..... magistrate was not judicial but only ministerial.11. the last point for consideration is whether in the exercise of the power given to him by the act, the chief presidency magistrate acted illegally. sub-section (1) of section 3 before it reaches the proviso has two substantive provisions : (1) the keeper of the press shall make a deposit at the time of the ..... relying upon this decision, a full bench of our high court held in sivagami achi v. subramania ayyar i.l.r. (1903) mad. 259 that a district munsif acting under section 287 of the code of 1882 was only performing a ministerial duty and that his proceedings were not subject to revision by the high court. the district munsif in settling ..... such cases as ex parte partington (1844) 6 q.b. 649. in re brockelbank (1889) 23 q.b.d. 461, and hill v. east and west india dock co. (1884) 9 app. cas. 448, have frequently pointed out this fallacy, and have refused to be led astray by arguments such as those which have been addressed to us, which depend .....
Tag this Judgment!Court : Chennai
Reported in : 36Ind.Cas.855
..... in possession of certain land in dispute. it is argued that the magistrate's order was without jurisdiction and should be set aside under section 107 of the government of india act, which corresponds to section 15 of the charter act now repealed, because (1) the magistrate has not stated his grounds for thinking that a breach of the peace concerning this land was ..... to the likelihood of the breach of the peace from the police report; the order says so. i think this is a sufficient compliance with the section. if the magistrate believes the police report and acts on it, as he has done in this case, and that report shows that there was a dispute about the land in question and that it ..... was likely to lead to a breach of the peace, he gets jurisdiction to take action under the section. it is not necessary for him to set out .....
Tag this Judgment!Court : Chennai
Reported in : 39Ind.Cas.429; (1917)32MLJ449
..... or trustee, which are of an executive character and, with one exception (the disposal of proofs of debts), correspond with those of a receiver under the indian act section 20. the conclusion is, that in india the official receiver with delegated powers combines the functions of the english receiver or trustee and registrar, and that the procedure ..... court. mr. bashyam aiyangar took a preliminary objection on behalf of the respondent that the appeal does not lie.9. his contention was that under section 46 of the provincial insolvency act, the decision of the district judge on appeal is final and that no second appeal is allowable. the point for decision is whether the appeal ..... apply to one portion of the official receiver's duties, those which he performs in exercise of the powers which an ordinary receiver possesses under section 20, which are merely the executive acts of an officer of the court and which need no more be supposed subject to appeal (in the strict sense) than those of any .....
Tag this Judgment!Court : Chennai
Reported in : 38Ind.Cas.695
..... to the position of a servant. some of the rules are undoubtedly proper--the direction for the submission of accounts which is in pursuance of their powers under section 13, the direction that he should go on tour, the direction that he should prepare a budget, the direction that he should appoint qualified persons as tahsildars ..... guilty of insubordination, neglect of duty and possible misappropriation. the insubordination and neglect of duty, is stated in a very short judgment as follows: 'if he had acted, as he at first promised, and shown the jewels, the mattes would have gone no further, but instead of doing so, he first treats the committee with ..... observations made by the lower court in support of its conclusions, i substantially agree with its finding that the defendant has not been proved guilty of any such acts of gross insubordination, misfeasance or neglect of duty as could justify his removal from office.4. i, therefore, agree with my learned brother that this appeal should .....
Tag this Judgment!Court : Chennai
Reported in : 42Ind.Cas.684
..... behalf of sabjan sahib that the entries in question signed as they were by c. ibrahim sahib amount to an instrument of transfer within the meaning of section 130 of the transfer of property act. but if there was no intention on the part of ibrahim sahib to give at all, the question whether the entries and the accounts can be ..... be valid having regard to the absence of a provision similar to what is contained in section 25 of the judicature act. the language of the judicature act is 'an absolute assignment of a chose in action' and so on. in section 130 of the transfer of property act the word 'absolute' is left out. it may be that this was a deliberate ..... registered deed and one of the learned judges at page 230 says that where there is a registered deed slight evidence of possession would be enough; and he construed certain acts coupled with the entries as furnishing the evidence as to possession. on the other hand, one observation of mr. justice beaman in ganpatrao v. vamanrao 10 bom. l. .....
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