Court : Chennai
Reported in : (1883)ILR7Mad349
charles a. turner, kt., c.j.1. the court is of opinion that the instrument is not a settlement within the meaning of the act but a gift.2. the definition of the term settlement suggests the creation of separate interest in favour of several persons who may have a legal or moral claim on the settlor or for whom he may desire to make a provision. it would not necessarily embrace the whole property of the settlor. in the present case there is an unqualified and absolute gift to two persons jointly, and although the result must be that a provision is made for them, it does not appear that it was the object of the gift.
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal562
..... were entitled to a share.3. the case then came on appeal before the subordinate judge. he first held that the suit in respect of this plot was barred by section 13 of the code of civil procedure.4. a review was then applied for and granted, and upon the review he changed his mind as to the applicability of ..... section 13 and then proceeded to deal with the merits. he says in his judgment: 'true that the kobalas of purchase were executed in the name of the defendants' father, but .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad540
..... second and chief contesting defendant.4. now, setting aside for a moment all questions arising out of section 230 of the code of civil procedure, let us see how the matter stands under the limitation act. all the limitation acts have made a clear distinction between the decrees of ordinary courts and those of any court established ..... twelve years from the date of their decree or its revivor, and we can see nothing in section 230 of the code of 1877, which was passed almost simultaneously with the last of the limitation acts, nor in the corresponding section as afterwards amended and re-enacted, to indicate that the legislature intended to 'derogate from its ..... own act ,' or to render nugatory that proviso to article 180 which it had been careful to introduce' .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom131
..... to still further degrade the position of women and to perpetuate the inequality of their relations with the other sex. in my opinion, the contract is void under section 23 of the contract act, and to this i would add, as an additional authority, the following passage from narada: 'and let the king who desires prosperity repress sinful proceedings which ..... brothers to their daughters. the balance found due is to be paid to the plaintiff, who is to purchase with it caste utensils to be held by his own section, but for the use of the whole caste. after carefully considering all the evidence i am of opinion that the plaintiff did successfully exert himself to obtain the re ..... 1862-this first agreement was made between jagjivan, his father and his brothers, and not only the plaintiff on the other side but also the heads of three other sections of the caste. the dispute is expressly described as 'a caste dispute,' and the family is to be readmitted on their giving a feast and making a present of .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal547
..... or not, are liable to ejectment if an arrear of rent remains due at the end of the year. this provision is not controlled or modified by any subsequent section. upon the act itself, therefore, the soundness of the conclusion to which the lower courts have come is open to doubt. but as there is no conflict of authority on this ..... lower appellate court has found, affirming the finding of the first court, that the defendant-respondent holds a transferable tenure and therefore cannot be ejected under the provision of section 52, beng. act viii of 1869.2. the question submitted for our decision is whether a landlord is precluded from ejecting such a tenant, viz., a tenant with a right of ..... occupancy, such right being transferable by sale, and is confined to the course laid down in section 59 of the act.3. in the case of tirbhobun sing v. jhono lall 18 w.r. 206 it was explained that sale, and not ejectment, was the landlord's proper remedy .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad354
Hutchins, J.1. The facts found in this case are that the accused Biligiri received an advance in Mysore territory and engaged to come and work on a particular estate in the Wynaad. He did not, however, leave Mysore until he was apprehended on a warrant for this breach of contract and brought up to Wynaad in custody. The Bench of Magistrates has convicted him and ordered him to do the work contracted for, notwithstanding the President's opinion that they had no jurisdiction, both the contract and the breach having taken place in foreign territory.2. The President's opinion seems correct, and I quash the proceedings and the order requiring Biligiri to do the work contracted for....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad434
..... is to the same effect. arrear of abkari revenue is not due upon any specific land owned by the abkari renter, and section 3 of madras act ii of 1864 can have no application, and section 42, which must be construed in relation to it, cannot otherwise apply.2. the next question is whether as a crown-debt the arrear ..... when the arrear is of public revenue of which the land is the first security by statutory declaration. by section 10 of the abkari act, it is enacted that collectors may proceed against abkari renters or other persons licensed under that act for the recovery of arrears due by them in like manner as for the recovery of arrears of land ..... the respondent's purchase was free of the prior hypothecation, either under act ii of 1864, or because debts due to the crown take precedence of private debts. as to act ii of 1864, the term 'public revenue,' as defined by section 1, does not include abkari revenue. reading sections 31 and 42 together, the expression 'arrear of revenue' must be .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal604
..... are of opinion that it cannot be sustained. for the purpose of this case we assume that the proceedings before the registrar were taken under section 72 of the act and not as they should have been under section 73; and that what the registrar heard was an appeal and not an application. now, no doubt, the accused, when he appeared before ..... frame the second charge. the prosecution for the offence of giving false evidence before the sub-registrar was neither commenced by him, or by any of the officers mentioned in section 83, nor was it sanctioned by any or either of them. these being our views on the case the magistrate will proceed to dispose of the first charge against ..... enquiry before the registrar. we are also of opinion that the accused waived any irregularity in the verification of the petition of appeal treating that document as an application under section 73, and that the second contention by mr. gasper fails. see the cases above cited and queen v. smith l.r. 1 c.c.r. 110: 11 cox c .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad442
..... otti is redeemable.'17. on the return of these, findings the judgment of the court was reserved, on the 23rd august 1883, and on the 24th march 1884 judgment was delivered bymuttusami ayyar, j.18. the lands in dispute originally belonged to a tarwad in south malabar called the beypore house. this tarwad has now become ..... only difference between otti and kaividu otti is that in the former the jenmi is entitled to ten cocoanuts and one jack annually. he asserts that the only irredeemable act of the jenmi is jenm or attiper.14. the plaintiffs' fourth witness produces a kaividu-otti deed (exhibit w), dated 1042 (1867), executed by kannara kurup ..... this court within three months from the date of receiving this order. ten days will be allowed thereafter for filing objections.5. in accordance with the above order the acting district judge (f. h wilkinson) submitted the following6. findings: 'first.--the court of first instance found that first defendant, the representative of the original demisor, .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad405
..... of the defaulter was alone liable to be sold, and that the appellant was not the defaulter, and that no written demand was served upon him as required by section 38. act ii of 1864 does not in our judgment warrant the contention that the fourth defendant was the defaulter, and that it was his interest which passed by the revenue ..... sale. according to section 2 of that act, it is the proprietary right that is liable to be sold. according to section 1, it is the person in whom such right vests that is the landholder. according to section 3, it is the proprietor that is liable for the payment of the revenue ..... . according to section 394, it is his right and property that passes by the revenue .....
Tag this Judgment!