Court : Chennai
Reported in : AIR1916Mad830; 29Ind.Cas.575a
..... was no misrepresentation and that even if there was, the consent of the defendants to the contract was not caused by the misrepresentation within the meaning of section 19 of the contract act and that the defendants were accordingly not entitled to avoid the contracts. he, therefore, gave judgment for the plaintiff with damages based on the difference between ..... in which he stated he was willing to make a trial allowing the defendants to draw for 93 per cent., and exhibit p from the defendants containing a clause headed finance,' which ran as follows : we are very pleased to leawi that you are now agreeable to accept our condition of drawing 93 per cent, of the invoice amount ..... contracts cancelled by exhibit w before they even went near the national bank.6. lastly, we are strongly inclined to think that in any cafce the exception to section 19 would apply; for although it may be that the national bank would not have made any statement about the plaintiff's credit to a casual inquirer, we .....
Tag this Judgment!Court : Chennai
Reported in : 29Ind.Cas.365
..... to the decision of the privy council in fatimatulnissa begum v. sundar das 27 c.p 1004 : 27 i.a. 103 : 4 c.w.n. 565 on section 1, act xiv of 1875, a provision similar to that in the madras regulation. authority is against plaintiff's contention and it must fail.21. the lease at rs. 1 ..... been shown that the evidence, as to its custody immediately before its production in 1891 is unsubstantial. in these circumstances, we cannot make any presumption under section 90 of the indian evidence act regarding it and we, therefore, dismiss it from consideration, finding issue ii in plaintiff's favour.25. this result reached and defendant's arguments founded ..... fabrication at a date later than that which it bears. direct evidence of its origin is not to be expected, and defendant, therefore, relies on section 90 of the indian evidence act, that is on evidence of its production from proper custody in circumstances justifying the making of the presumption authorised by that provision. the custody of exhibit .....
Tag this Judgment!Court : Chennai
Reported in : AIR1916Mad903; 30Ind.Cas.41
..... high court ought not to interfere in revision. this raises the question of the power of the high court to interfere in revision under section 115, civil procedure code, and section 15 of the charter act. section 115, civil procedure code, empowers the high court to call for any case which has been decided by any court subordinate to such high court and ..... 1913 was filed by the widow of the hajah of tuni against the defendants to enforce the terms of an agreement entered into with her husband (who financed the litigation in connection with the vizianagaram instate), whereby the plaintiff's husband was entitled to a certain share in the decree that may be passed in the ..... of the contract act. upon this plaint, written statements were filed and various defences were raised. for the purpose of this petition it is sufficient to refer to two of them. the first defence was that the plaintiff's husband committed a breach of contract and wrongly refused to finance the suit and that consequently he .....
Tag this Judgment!Court : Chennai
Reported in : AIR1916Mad1218; 30Ind.Cas.386
..... adjourned to allow of meeting of creditors and share-holders to approve a scheme. the meetings were held and a scheme approved, which came on for approval under section 203 of the companies act of 1882 before this court, before which the appeal against the winding-up order is pending. on the materials before us we are not satisfied that the scheme ..... was a bona fide or workable one, and we adjourned the case till after the vacation to enable the appellants to show that they were in a position to finance the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1916Mad186; 30Ind.Cas.609
..... available to support plaintiffs' argument, if it corresponded with facts. moreover, the tenancy law in force at different times in the presidency, section 11(4), act viii of 1865, and section 30(3) and 33, act i of 1908, would discountenance such a pretension on the part of the zemindar; vide also bachu ramesam v. nukala bhanappa 7 ..... land', while land in a permanently settled estate is not government land is further indicated by the definition of 'government land' in the madras survey and boundaries act, iv of 1897, section 3(ii), which says that 'government land means any land not forming an estate or any portion thereof', while clause (i) defines the word 'estate' ..... lands in presumably the 'property' of government, the 'property' in the water following the 'property' in the land. i can find nothing in section 2 of the madras act iii of 1905 which was intended to give the government greater rights over water standing or flowing vertically over their land than any other proprietor of land .....
Tag this Judgment!Court : Chennai
Reported in : 31Ind.Cas.343
..... during the second stage of the disturbance.2. he has confirmed the conviction of the present petitioners on the charges of rioting and voluntarily causing simple hurt for the acts alleged to have been committed during the first part of the occurrence, namely, when the car was being taken in procession through the streets and when the ambalagars ..... ind. cas. 337 that ordinarily there would be no presumption that the mere carrying of sevalai kalis' would be unlawful.5. in itself it was a perfectly lawful act although it may have been resented by the pallars as against 'mamul' and as an infringement of their rights. an assembly lawful in itself does not become unlawful ..... persons who had no right to obstruct them, nor by exceeding the lawful use of their right of private defence.8. individuals would doubtless be liable for particular acts of hurt committed by them, which they failed to justify as done in self-defence, but here the magistrates have not found any of the petitioners guilty of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1916Mad440; 30Ind.Cas.679
..... , which has been based on a consideration of the whole evidence.3. on the second question the appellant's learned vakil (mr. a. krishnaswamy aiyar) relied on section 4 of the estates land act for his contention that neither custom nor contract could deprive the zemindar of his right to charge rent on the area left uncultivated. butthe case reported as segu ..... this court have held that agreements and customs entitling the tenants to claim non-liability for rent on the area left fallow can be successfully set up notwithstanding section 4 of the estates land act.4. in one of the second appeals before us the question is whether, when the plaint was directed against a dead man and the plaint was afterwards .....
Tag this Judgment!Court : Chennai
Reported in : 31Ind.Cas.528
..... l.r. 7 that a plaintiff need not rely upon the statutory prescriptive right given to him under the limitation act of 1871, section 27 (which corresponds to section 26 of the later limitation acts, and to section 15 of the easements act). as their lordships state at page 403: 'the object of the statute was to make more easy the ..... suit.6. mr. ganesa aiyar next contended resourcefully that the enjoyment in the present case could not be considered peaceable (see the first paragraph of section 15 of the easements act) up to within two years before suit, as there were wordy quarrels from the end of april 1907, when the 1st defendant purchased the servient ..... been contended by the learned vakil. the question when what might be called an easement by statutory prescription is claimed by a plaintiff, is whether under section 15 of the easements act (which applies to the madras presidency), the prescriptive right by enjoyment for 20 years has been acquired by the plaintiff. as pointed out by chamier, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1916Mad490; 31Ind.Cas.539
..... or veetadikollai' and the district judge, differing from the sub-collector, has held that rent claimed as due on it, cannot be recoverable by a suit under section 77 of the madras estates laud act. in our opinion, lie is right in his conclusion. of course if it were shown that the 'kollai' had been carved by the tenant out of ryoti ..... not appear to be any finding as to the length of time during which payment has been made in any particular case.3. the respondents rely on section 13(3) of the madras estates land act to support the decision of the lower courts. the appellant contends that the charge is made in pursuance of a contract prior to the introduction of ..... the act: and that, as held in venkata perwmal raju v. ramudu 27 iud. cas. 688 : (1915) m.w.n. 132 such a contract is enforceable in spite of the section.4. this theory of a contract, validating the charge, has been set up for the first .....
Tag this Judgment!Court : Chennai
Reported in : (1916)30MLJ29
..... have been forthcoming to show that the term hereditary has been loosely applied in this case. i agree with the learned chief justice that this temple comes under section 3 of act xx of 1863 and that the committee has jurisdiction over it.11. the question whether the aid of the civil courts can be invoked to frame a scheme ..... l.r. (1906) m. 534, etc. these decisions are binding on the committee and the trustees. the plaintiffs in the present case admit that the temple falls under section 3 of act xx of 1883. they are not entitled to recede from that position. moreover the documents to which our attention was drawn show that only the right to select a ..... we think it desirable that a paid officer of the trustees should be appointed to perform duties similar to those assigned to the treasurer but under the trustees. as regards finance we think it should, be the duty of the trustees to prepare a budget annually and submit it to the committee under whose superintendence they are. we also think .....
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