Court : Chennai
Decided on : Feb-21-1949
Reported in : (1949)2MLJ428
..... to that of the evidence of one approver corroborated by the evidence of another.we respectfully agree with these observations. if this principle is accepted, section 30 of the evidence act does not become nugatory. there will be very many circumstances when the co-accused's confession could be and should be taken into consideration by ..... learned judges in regard to the scope of corroborative evidence are left untouched. at page 396, the learned judges state the law as follows:section 133 of the indian evidence act states that an accomplice shall be a competent witness against an accused person and a conviction is not illegal merely because it proceeds upon the ..... can be of real circumstantial evidence of his connection with the crime.7. in india the same principles have been embodied in the statutory form. section 133 of the indian evidence act reads as follows:an accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon .....
Tag this Judgment!Court : Chennai
Decided on : Feb-24-1949
Reported in : 1949CriLJ823; (1949)1MLJ488
..... sanitary officer of krishna that three tanks belonging to the zamindar of chellapalli were injurious to the health of the villagers, the president of the taluk board acting under section 100 of madras act v of 1884 by notice required the owner of the tank to clean, fence, and fill up the tanks, because on inspection it appeared to him to be dangerous to ..... under consideration), contrary to a notification issued in july, 1920, by the municipal council constituted under the repealed act of 1884 purporting to act under section 249 of the new district municipalities act v of 1920, some 21/2 months before the new act was put in force. the learned judges held that the whole procedure was void ab initio and that no conviction can be .....
Tag this Judgment!Court : Chennai
Decided on : Mar-04-1949
Reported in : (1949)2MLJ217
..... the, others. now, subsequent to this decision which was in 1902, there has been a change in the section corresponding to section 8, of the limitation act of 1877. section 7 of the present act which replaces section 8. of the act of 1877 expressly makes it applicable to the case of an application for the execution of a decree in favour ..... concurrence of the-others, give a valid discharge binding upon all.9. the next case in duraiswami sastriar v. venkatarama iyer : (1911)21mlj1088 arose under section 7 of the limitation act, 1908. sundara aiyar and phillips, jj., held that the managing member of a hindu joint family was competent to give a valid discharge of a decree- ..... to them.8. there is another aspect of the matter adverted to by bhashyam aiyangar, j., which must not be overlooked. according to him, section 8 of the limitation act then in force could not apply to the case of joint decree-holders, because one of several persons entitled jointly to make an application for execution .....
Tag this Judgment!Court : Chennai
Decided on : Mar-04-1949
Reported in : (1949)2MLJ268
..... . the fourth defendant and his mother filed o.p. no. 50 of 1941 in the court of the additional district munsif, tellicheny, under section 5 sub-section 2 of the madras moppilla marumakkathayam act xvii of 1939 (see exhibit d-14). paragraph 4 of the said petition states that the petitioners are quite prepared to file a suit for ..... 15. this appeal raises an important question of law. the suit was one for partition by 15 out of 20 members of a moppilla marumakkathayam tarwad. section 13 of the madras act xvii of 1939 confers a right on any indi vidual member of a tarwad to claim to take his or her share of the properties of the ..... the parties being mopplas governed by the marumakkattayam law and the right to claim partition is governed by the mappilla marumakkattayam act, 1938 (madras act xvii of 1939). with reference to the division of tarwad house, section 16 of that act provides:in a partition of tarwad properties, unless two-thirds of the members of the tarwad desire to the contrary, .....
Tag this Judgment!Court : Chennai
Decided on : Mar-10-1949
Reported in : (1949)1MLJ583
..... examined the grounds of detention served on the petitioner and we are unable to hold that there are no grounds which would justify detention under section 2 of madras act i of 1947. it is clearly stated that the applicant is interfering with and impeading the work of the police in the matter of detecting ..... the report of the advisory committee. we consider that the power of this court to interfere with an order of detention passed under madras act i of 1947, on an application under section 491, criminal procedure code, is confined to the four grounds enumerated by the learned chief justice at page 23 of the full bench decision in narayanaswami ..... said that the district magistrate was satisfied at the time the petitioner was arrested that he was likely to act in a manner prejudicial to public safety or the maintenance of public order. the arrest under section 151, criminal procedure code, might have been in respect of a cognizable offence wholly unconnected with public safety or maintenance .....
Tag this Judgment!Court : Chennai
Decided on : Mar-11-1949
Reported in : (1949)2MLJ88
..... which it was decided that the possession of a subsidiary company was really on behalf of the parent company which was entitled to compensation under the land clauses consolidation act (1845), section 121. it was stated in that case by atkinson, j. (at page 121) : 'it seems therefore to be a question of fact in each case, ..... in existence and therefore there is no person in existence capable of instituting the suit until 16th february, 1945. on the analogy of the principle of section 17 of the limitation act, it would seem that limitation does not begin to run until 16th february, 1945, when the person capable of instituting an action came into existence. ..... proper proceeding after the restoration of the company. after this order was made, the liquidator with the permission of the court filed the present application under section 38 of the companies act for rectification.6. the main ground on which the application is filed was that the forfeiture was invalid as the notice of 15th march,1941, .....
Tag this Judgment!Court : Chennai
Decided on : Mar-14-1949
Reported in : (1949)2MLJ171
..... a de jure trustee of a public religious endowment can be removed only for misconduct and that only in a suit instituted with the sanction prescribed by section 92, civil procedure code or section 73 of madras act ii of 1927. where, however, there is-only, a de facto trustee functioning as such, it is open to persons interested in the trust to ..... with a view to protect the interests of religious endowments as well as the rights of persons dealing with shebaits or managers, the indian legislature has amended section 10 of the limitation act by providing that managers of property comprised in a hindu religious endowment are deemed to be express, trustees thereof and has also enacted article 134-a to ..... of the trust. i do not think that a trustee de son tort in relation to the trust property can be regarded as a constructive trustee under section 94 of the trusts act. in this country, the position of a person, who, in england, would be described as a trustee de son tort is that of an express .....
Tag this Judgment!Court : Chennai
Decided on : Mar-16-1949
Reported in : (1949)1MLJ658
..... same bench had occasion to refer to that decision in papammal v. ramaswami chettar : air1942mad726 , where the learned judges pointed out the difference between the requirements of section 19 of madras act iv of 1938 and the requirements to be proved in a suit itself where the debt had to be scaled down in accordance with the provisions of the ..... was embodied in palani goundan v. peria goundan : air1941mad158 , should be taken merely as obiter dicta. it is a clear pronouncement of what were the requirements of section 19 of the act. as i have already said, i agree with the courts below in holding that the fifth defendant had no saleable interest on 29th may, 1944, the date ..... of her application under section 19 of the act.6. independently of the fifth defendant's right to have the debt scaled down is the other question, put forward for the first time during arguments in .....
Tag this Judgment!Court : Chennai
Decided on : Mar-18-1949
Reported in : AIR1950Mad197
..... phillips and kumaraswami sastri jj. have held that a sale in a revenue court passes the property to the purchaser free of encumbrances except those specified in section 125, madras estates land act. therefore, it is apparent that if the appellant is allowed to bring the holding to sale in a revenue court, he will get an undoubted advantage ..... the three bench rulings and the single judge's ruling referred to above.5. mr. subramania pillai contends that, in view of the amendment to sections 125 and 127, madras estates land act, the views expressed in those four rulings have become obsolete and that now the appellant will be free to bring the holding to sale in the ..... revenue court and realise his decree dues. i cannot agree. as already stated, the amendments of section 128 and 127 have only emphasised the benefit accruing .....
Tag this Judgment!Court : Chennai
Decided on : Mar-18-1949
Reported in : (1949)2MLJ425
..... and kumaraswami sastri, j., have held that a sale in a revenue court passes the property to the purchaser free of encumbrances except those specified in section 125 of the madras estates land act. therefore, it is apparent that if the appellant is allowed to bring the holding to sale in a revenue court, he will get an undoubted advantage ..... three bench rulings and the single judge's ruling referred to above. 5. mr. subramania pillai contends that, in view of the amendment to sections 125 and 127 of the madras estates land act, the views expressed in those four rulings have become obsolete and that now the appellant will be free to bring the holding to sale in the ..... revenue court and realise his decree dues. i cannot agree as already stated the amendments of sections 125 and 127 have only emphasised the benefit .....
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