Court : Chennai
Reported in : 32Ind.Cas.211
..... might 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.10. the question whether the aid of the civil courts can be invoked to frame a scheme ..... 1 m.l.t. 127, etc. these decisions are binding on the committee and the trustees. the plaintiffs in the present case admit that the temple fall's under section 3 of act xx of 1863. 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 .....
Tag this Judgment!Court : Chennai
Reported in : 33Ind.Cas.561
..... by whom the garlanding is to be done and the plaint schedule, to which the decree refers, does not say so either. the fact that the respondents conceded that other acts coupled in the schedule with this garlanding had to be performed by the archakas themselves is not of any help.' if the schedule and decree are not clear it is ..... . now, the ingenious contention of the 4th and 5th defendants is that the sipping of the thirtham by themselves and other archakas has now been made to be the final act of the puja by the order of the trustees and as the plaintiffs are entitled to first thirtham only after the end of the puja, their taking the thirtham as ..... of the 1st plaintiff:2. they have been making a paricharaka to garland the plaintiffs and the defendants nos. 7 to 28 instead of themselves doing so and have thus acted in violation of the decree.3. now, the counter-petition or answer to the execution petition admits that the defendants nos. 4. and 5 did take the holy water just .....
Tag this Judgment!Court : Chennai
Reported in : 45Ind.Cas.468
..... an application to consolidate the several appeals from awards passed by the district judge of madura on reference made to him by the land acquisition officer under section 18 of act i of 1894. several references appear to have been made to the district judge, but they were all in connection with land taken up for the ..... cases were heard together. the splitting up of the awards, if made by the land acquisition officer, was apparently not communicated to the parties under section 12(2) of the land acquisition act and consequently there was only one valid award, so far as the appellants are concerned, and they are entitled to appeal against it in one ..... for consolidation. although several plots of land were acquired from appellants, only one notice was served on them under section 12(2) of the land acquisition act in respect of all the plots, and under section 18 of the land acquisition act the appellants only made the application to the collector to refer their objection to the award. under .....
Tag this Judgment!Court : Chennai
Reported in : 34Ind.Cas.778; (1916)30MLJ565
..... , such proceedings being a suit brought for the express purpose by or on behalf of all the creditors of the transferor.2. the material section re section 53 of the transfer of property act which is as follows: 'every transfer of immovable property made with intent to defraud, prior or subsequent transferees thereof for consideration or co-owners ..... a representative action as there are in permitting a number of actions being brought against the same purchaser. however that may be, the language of section 53 of the transfer of property act, to my mind, is clear that any person who was defrauded, defeated or delayed can impeach the transaction.9. before dealing with the english ..... not see my way to refusing to hear the question argued.8. on the merits the first contention of mr. krishnaswami aiyar was that under section 53 of the transfer of property act, it is not open to anyone of the creditors of the transferor to challenge the validity of the conveyance. he relied on the observations of .....
Tag this Judgment!Court : Chennai
Reported in : 35Ind.Cas.219; (1916)31MLJ138
..... case which is a decision of sadasiva aiyar and spencer, jj., the learned judges (at least sadasiva aiyar, j.) based the decision mainly on the provisions of section 91 of the indian evidence act. the promissory note on which action was brought in that case was inadmissible in evidence as it was an unstamped note. the view taken by the learned judges ..... firm and 2nd defendant firm were found upon a construction of the agreement between them and from other evidence, to be partners in a certain sugar trade. the plaintiff was financing that trade and the arrangement was that the bills drawn either by the 1st defendant firm or the 2nd defendant firm with respect to the sugar shipped by them should ..... , but only to the bill or the note. that is one illustration.6. so far as i am able to see, there is absolutely nothing in the negotiable instruments act to prevent a from promising to pay b's debt or from promising to be jointly liable along with b either as a partner or otherwise, so that in cases .....
Tag this Judgment!Court : Chennai
Reported in : 34Ind.Cas.735
..... probably be beneficial to the public, and, therefore, i can see no reason why the corporation should be restrained from exercising the power which they undoubtedly have under section 247 of the act. i would dismiss the appeal.john wallis, c.j.2. this was clearly a street, and if so, a private street, running round the temple with the ..... i have no hesitation in agreeing with the city civil court judges finding that the plot marked green in the plan is a private street within the meaning of section 3 (26) of act hi of 1904. it is a place 40 feet wide running round the plaintiff's temple, and bordered by houses and is called mada 'vidhi,' which means ..... prevent carriages and cattle passing to their private street. the corporation object to the erection of these stones without their permission as being in contravention of section 247 of the madras city municipal act, iii of 1904, which forbids any one to build any wall or erect any fence or other obstruction or encroachment in any street or in or .....
Tag this Judgment!Court : Chennai
Reported in : 41Ind.Cas.745; (1917)33MLJ173
..... of section 18 of the eeligious endowments act seems to afford no warrant for the consideration by, the court of the personality of the applicant. the duty of the court is specifically defined as the determinations ..... for us to go so far as the present case, i do not see why the same should not hold good in the case of leave granted under section 18 of the eeligious endowments act. with' all respect to the learned judges who decided venkatesha malia v. ramayya hegadi i.l.r. (1914) m. 1198 : 27 m.l.j. 241 the wording ..... venkatesha malla v. ramayya hegade i.l.r. (1914) m. 1192 : 27 m.l.j. 241 in which it was held that where sanction was given under section 18 of the religious endowments act to two men, it was not open to one of them alone to institute the suit under that sanction. it may be pointed out at once that this .....
Tag this Judgment!Court : Chennai
Reported in : 35Ind.Cas.497; (1916)31MLJ178
..... with his majesty.9. the ordinance is dated 14th october 1914, the day of its publication in the gazette ; and by section 15 of act xiv of 1915 words are inserted in the section which make attempts to commit these offences themselves punishable if committed since the 14th october 1914, the date of the ordinance. the ..... coutts trotter, j.8. this is an appeal by frederic edmed hooper against a conviction and sentence of the acting chief presidency magistrate, madras, under section 3 of the commercial intercourse with enemies ordinance, 1914. that section makes it an offence punishable with imprisonment to contravene any of the provisions of any proclamation or order in ..... obtaining and attempting to obtain at madras goods from an enemy and from an enemy country, offences punishable under section 3 of the commercial intercourse with enemies ordinance vi of 1914 as continued and amended by acts i and xiv of 1915. he has been discharged by the presidency magistrate on a complaint of further .....
Tag this Judgment!Court : Chennai
Reported in : (1917)32MLJ263
..... is no question that the manager had authority to make these payments, it is not disputed that by these two payments the action is under section 20 of the indian limitation act set free generally and not merely against the mortgagor, nor is it contended that these payments were not payments towards the debt secured by ..... security even as against the subsequent incumbrancers for the junior encumbrancer is not surety for the mortgagor. it certainly does not as against the mortgagor. jones on mortgages section 942; bank of utica v. finch 49 amer. dec. 175. black's article on mortgages in the american cyclopaedia page 1414; ghose on mortgages, page 466 ..... to an acknowledgment of liability by the mortgagor and thereby save the limitation against him under section 19 of the act, has no such effect against the mortgagee; because an acknowledgment under section 19 it is said, unlike a payment under section 20 is good only against the person acknowledging and those who derive their title under him, .....
Tag this Judgment!Court : Chennai
Reported in : (1918)34MLJ279
..... an application to consolidate the several appeals from awards passed by the district judge of madura on reference made to him by the land acquisition officer under section 18 of act i of 1894. several references appear to have been made to the district judge, but they were all in connection with land taken up for the ..... were heard together. the splitting up of the awards, if made by the land acquisition officer, was apparently not communicated to the parties under section 12 (2) of the land acquisition act and consequently there was only one valid award, so far as the appellants are concerned and they are entitled to appeal against it in one ..... for consolidation. although several plots of land were acquired from appellants, only one notice was served on them under section 12(2) of the land acquisition act in respect of all the plots and under section 18 of the land acquisition act the appellants only made one application to the collector to refer their objection to the award. under .....
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