Court : Chennai
Reported in : (1903)13MLJ171
..... and to regulate the use of music in connection with them, and to prevent obstructions on the occasions of such assemblies and processions (madras police act xxiv of 1859, section 49). the law recognizes religious processions as lawful just as much as it recognizes other processions. if it were necessary to refer the the origin ..... collective capacity. what is there by constituted as offence has no necessary reference to the individuals forming the assembly and a disturbance punishable under the section may result from acts which involve no violation of their personal rights. the precise point for determination is whether the tengalais on the occasion in question were an assembly ..... to me that they committed neither of the offences charged against them nor any other offence.21. to constitute an offence under section 153 of the penal code the vadagalais must have been acting illegally and also with the intention of provoking a riot. on the first point the case for the prosecution is that the .....
Tag this Judgment!Court : Chennai
Reported in : (1904)1MLJ105
..... by reason of the two mutts being dwandva mutts, was entitled to appoint him successor. in this view it is contended that the appointment of the 2nd defendant, under section 9 of act xxxv of 1858, as ' manager' of the estate of the 1st defend ant will be inoperative so far as the mutt and its properties are concerned--as these properties ..... person as head of the mutt in the place of the lunatic. the fact that a manager of the lunatic's estate has, in this case, been appointed under section 9 of act xxxv of 1858, will make no difference (cf. lewin on trusts, 10th edition, p. 8204; pope on lunacy, pp. 280 to 290); for the estate of the lunatic, ..... accumulate for the benefit of the lunatic and his successors. if the head of the mutt should recover his sanity and such recovery is declared by the court under section 21 of the act, he will of course be entitled to resume the rights and duties of the office and discharge his temporal and spiritual functions. this procedure is substantially the same .....
Tag this Judgment!Court : Chennai
Reported in : (1905)15MLJ45
..... they have established (1) their exclusive user of the abovementioned marking and (2) that the defendant has imitated it so that the imitation is in the words of section 4 of the said act ' reasonably calculated to lead persons to believe' that his goods are their goods. my conclusions on these questions--which are really questions of fact--differ from those of ..... is brought upon the right of an exclusive user of what may be more appropriately styled a ' trade description' which is recognized and protected under sections 2, 4 and 6 of the indian merchandize marks act iv of 1889. so that there can be no doubt that the plaintiffs are entitled to the injunction the learned chief justice has given them if .....
Tag this Judgment!Court : Chennai
Reported in : (1905)15MLJ292
..... oral or documentary. the district judge on appeal reversed his decree upon the preliminary point. such being the case the district judge was, in my opinion, right in acting under section 562, c.p.c. and remanding the suit for disposal on the merits. these appeals should, in my opinion, be dismissed with costs. i give no opinion ..... being wholly overlooked.6. it is scarcely necessary to add that the tenant's right to relinquish the whole or any part of his holding recognised by section 12 of the act to which also some reference was made on behalf of the respondent in no way detracts from the tenant's right to make such an improvement as the ..... these 27 civil miscellaneous appeals are ryots holding lands in certain villages in the zemindari of grantamanaikanur. they brought these suits before the sub-collector under section 8 of the rent recovery act to compel the respondent who is the zemindar to grant them proper pattas for fasli 1312. in the plaints they stated that though they themselves .....
Tag this Judgment!Court : Chennai
Reported in : 9Ind.Cas.41
..... part of the clause that the ryot shall relinquish in the beginning of the fasli, the lands not required by him, it is explained to us, only repeats section 12 of the rent recovery act. it may, therefore, as suggested in the course of the argument, be made clear thus: 'you may relinquish at the end of the revenue year, according ..... of 5 1/2 fanams per kurukam, the rate fixed by the collector in 1815 and never varam; and that, therefore, there was an implied contract under section 11 of the rent recovery act. he also held that assuming that these and other lands in the village were under cultivation before 1815, when the collector made his arrangement, there was nothing to ..... in this village commenced only about seven years ago. he was also of opinion that in the absence of any contract, the plaintiffs are entitled under clause (3) to section 11 to claim varam rent and that the evidence proved the landlord's share of the produce of dry crops to be one third. in this view, it was unnecessary .....
Tag this Judgment!Court : Chennai
Reported in : (1906)ILR29Mad501
..... receive 5 paras of paddy annually from the land if the plaintiff redeems the kanom.9. the defendants nos. 2 and 3 further rely on article 134 of the limitation act as a bar to the whole suit. we, however, agree with the courts below that that article has no application to the present case. in order to have the benefit ..... those rights. to borrow the language of the privy council in radanath doss v. gisborne 14 m.i.a. 1when dealing with the corresponding provision of the land under the act of 1859 'we can find in this deed no evidence of a statement on the part of the vendor or of any belief on the part of the purchasers that .....
Tag this Judgment!Court : Chennai
Reported in : (1906)16MLJ14
..... anybody or was otherwise aware that his representations in the matter were incorrect or false. there is not the slightest doubt that she is acting in collusion with the plaintiffs in the present suit which is financed by her own riatural brother. consequently, the plaintiffs would not have failed to get her to give evidence in their favour in regard ..... law to the above effect by lord justice turner, see l.r. 4 h. 304. though there is a vague statement in the plaint that the first defendant acted in collusion with the appellants in obtaining the decrees in question, no specific ground or grounds which would invalidate the leave granted by the courts and avoid the decrees ..... it may be added that the disability in question exists here only in respect of a married woman's appointment as guardian ad litem, and not in respect of her acting as next friend as is the case in england. the appointment of the first defendant must, therefore, be held to be a mere irregularity, cf. mussummat bibi walian .....
Tag this Judgment!Court : Chennai
Reported in : (1908)18MLJ189
..... that they were. i do not think it necessary to consider whether any legal distinction can be drawn between an 'unfair preference' under section 351 of the code and a 'fraudulent preference' under the english bankruptcy acts. neither do i think it necessary to consider whether as a matter of law, the words 'unfair preference' which appear to be taken ..... assignment was also subject to mr. gore langton's. we pressed for further security tilling nanjappa row that if he did not give it we could not continue mf to finance him. we had authority from mr. gore langton to demand further security for him too.9. this evidence is uncontradicted. messrs. stanes & co. were the agents for mr ..... in his evidence that when messrs. stanes & co. asked him (in 1903) for further security for mr. gore langton and for themselves, they said they would not finance him further if it was not given.10. i am of opinion that the dispositions of property made by the respondents in 1903 were not made with the dominant view .....
Tag this Judgment!Court : Chennai
Reported in : 3Ind.Cas.609
order1. the offence of which the accused have been convicted is storing iron in contravention of section 323 of the madras city municipal act, without such a license as is required to be taken out by section 322. it is not shown that under section 322 any license, is required to be taken out in the present case. storing iron is not specified in the schedule as a dangerous or offensive trade and so does not come within the definitions of dangerous and offensive trades in section 3 (8) and (22) and there is no evidence before us that using a place for storing iron is using it for a purpose which in the opinion of the president of the madras corporation may endanger life, health or property.2. the convictions were wrong and must be set aside and the fines and fees if levied must be refunded.
Tag this Judgment!Court : Chennai
Reported in : (1908)18MLJ31
..... question is whether the difference between the old and the new is to be paid by the mortgagee or by the mortgagor.3. it is conceded that the provisions of section 76 of the transfer of property act are to be applied to this case, but contended that the kanom 'contains a contract to the contrary' within the meaning of that ..... section so as to relieve the mortgagee of the payment of any taxes which were not payable at the commencement of the period covered by the kanom.4. mr. anantakrishnaiyar's ..... of the matter), still there is nothing to throw on the mortgagor the burden of providing the increase in the nigudi - no contract contrary to the rule laid down in section 76.8. it is not necessary to discuss the various unreported cases cited before us; each decision depends upon the construction of the contract with which it deals, but some .....
Tag this Judgment!