Court : Chennai
Reported in : 39Ind.Cas.988
..... the 4th and the 5th accused for hurt. an objection is now taken that this offence was not committed in the course of the same transaction as the offence under section 428. this point was not raised before the magistrate, nor is it mentioned even in the grounds of the revision petition. we do not think that an objection of this ..... do not think that it is wrong. the accused cut the ears of two asses clean off at their base and it is contended that this act does not amount to 'maiming' within the meaning of section 428. we have a decision of this court in marogowdha v. srinivasa rangachar 12 ind. cas. 90 ; (1911) 2 m.w.n. 141 where it ..... within the ruling of marogowdha v. srinivasa rangachar 12 ind. cas. 90; 10 m.l.t. 192 ; (1911) 2 m.w.n. 141 ; 12 cri. l.j. 482. such an act is likely to affect the hearing of the animal and it certainly amounts to mutilation. the fine of rs. 50 passed on each of the accused nos. 1 and 2 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad710; 42Ind.Cas.513
..... , consider necessary for the purposes of this act,' and sub-section 3 provides that the president may, subject to such control as may be prescribed by the local government, fins, suspend, reduce or dismiss any of ..... against the madras corporation for wrongful dismissal.2. the learned judge held that the suit will not lie and we think he was right section 58 of the madras city municipal act iii of 1904 empowers the president to appoint such subordinate officers and servants as the corporation, subject to the control of the local government ..... no cause of action against government. reference has also been made to the civil service regulations, which were made applicable to the servants of the corporation under section 54 but only as regards regulating grant of pension and gratuities. we do not think that the regulations so made applicable have any bearing on the present .....
Tag this Judgment!Court : Chennai
Reported in : 43Ind.Cas.31; (1917)33MLJ320
..... property which is capable of transfer by mere delivery of possession should be settled as soon as possible. it is noteworthy that though under clause 15 of section 1of the act of 1859 the beginning of the period of limitation was the date of the transaction in suits to recover moveable and immoveable property alike, irrespective of ..... he would otherwise have had. on the contrary, the intention was clearly restrictive, and it seems to me therefore that, even if the construction of section 25 of the english act suggested by lewin and darby and bosanquet be accepted, that affords no warrant for introducing such a construction here. the indian legislature, must have been perfectly ..... all the cases which would otherwise come within the article as possession is rarely taken by the transferee on the date of the transfer. even supposing section 25 of the english act of 1834 to be susceptible of such a construction, i do not think that would affect the present question.5. mr. lewin points out that .....
Tag this Judgment!Court : Chennai
Reported in : 43Ind.Cas.138; (1917)33MLJ252
..... from the arguments that the court relied on the fact that at the date of the compromise agreement, registration of such an agreement was optional under section 18 of the registration act ix of 1871 and held that oral evidence was admissible to prove that the equity of redemption was released by the mortgagor. it cannot be argued ..... 509. before examining these cases it is advisable to understand how the law has been regarded in this country.35. the language of the transfer of property act admits of no misconstruction. section 54-' sale is a transfer of ownership,' etc. 'such transfer in the case of tangible immoveable property of the value of rs. 100 can be made ..... exhibit b which is described as an agreement of exchange is ineffectual to create a valid transfer of the plaintiffs' land, and by reason of section 49 read with section 17 of the registration act that document cannot be held to affect the right of the appellants to the property in dispute.3. on behalf of the appellants it is .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad242; 43Ind.Cas.833; (1917)33MLJ759
..... date as exhibit.p which the district judge rightly thinks was propably a bribe to him. it appears from the recitals in exhibit p that he had also agreed to finance the 6th defendant. it is also proved that the husband of the sister of the last male holder executed a promissory note for rupees 5,000 (exhibit dd) to ..... deeply interested in the success of the 2nd and 3rd defendants in that suit. if they did not succeed in their contention, he would lose the moneys he spent for financing the suit and also the valuable village and lands agreed to be given to him. after the award was passed he actually got the village of alagapuri and other lands ..... an agreement from the 11th defendant in the interpleader suit who is the 21st defendant in the present suit to act as her agent in the litigation and finance her and subsequently got an agreement (exhibit jj.), from the 1st defendant agreeing to finance him. after the award the 6th defendant who got a share in this compromise brought about with the help .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad638(2); 42Ind.Cas.961
..... koer 17 c. 512. they held that the power existed in spite of the words. in the section, 'the court shall reject the appeal.' the allahabad high court has applied this view to section. 10, clause (1897) a. w. n. 40 of the court fees act in chunni lal v. ajudhia prasad 19 a. 240 and this court has followed that ruling in ..... delivery of property on payment of a sum of money within a certain time. the condition or the act required was one which bad nothing to do with the old code but was prescribed purely by the decree and their lordships held that section 148 did not apply. the present case is in no way analogous to it. a similar case in ..... expressly saves such inherent powers.3. the new code has, however, enacted section 148, which expressly gives powers to courts to enlarge from time to time the period originally fixed for the doing of any act prescribed or allowed by the code. there can be no doubt that the act that the defendants had been directed to do in the present' case, viz .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad225; 45Ind.Cas.52
..... purpose, 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 is section 53 of the transfer of property act, which is as follows: 'every transfer of immoveable property, made with intent to defraud prior or subsequent transferees thereof for consideration, or co- ..... 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 518 of the transfer of property act, (o my mind, is clear that any person who was defrauded, defeated or delayed can impeach the transaction.8. before dealing with the english ..... imply that a representative action, is the only mode of setting aside a fraudulent sale. therefore i am of opinion on the language of section 53 of the transfer of property; act that it is open to any creditor to impeach a conveyance made by his debtor, provided he alleges in the plaint that the sale was .....
Tag this Judgment!Court : Chennai
Reported in : (1918)ILR41Mad528
..... kalichurn mitter v. mahomed soleem (1866) 6 w.r. 3. article which proscribes a period o six months applies to wages accruing due under the employers and workmen act; article 7 prescribing one year applies to the wages of a household servant, artisan or labourer not provided for by article 4; article 101 for a seaman's wages and ..... that suit. the relevant portion of the judgment is very short and is as follows:we are unable to agree with the contention that article 36 of the limitation act applies. the case is not specifically provided for and in our opinion comes under article 120.8. i think that neither article 36 nor article 120 which are very ..... 3) damages for mental distress, loss of dignity, etc., us. 50. total rs. 79-14-4.3. the district munsif dismissed the suit applying article 36 of the limitation act which allows two years for a suit for compensation for any malfeasance, misfeasance or non-feasance independent of contract and not specially provided for. the suit was brought on 28th .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad366; 45Ind.Cas.414
..... hitter v. mahomad soleem 6 w.r. 33. article 4 which prescribes a period of limitation of 6 months applies to wages accruing due under the employers and workmen act; article 7 prescribing one year applies to wages of household servants, artisans or labourers not provided for by article 4; article 101 for a seaman's wages and ..... that suit. the relevant portion of the judgment is very short and is as follows:we are unable to agree with the contention that article 36 of the limitation act applies. the case is not specifically provided for, and in our opinion conies under article 102.12. i think that neither article 36 nor article 102, which are ..... (3) damages for mental distress, loss of dignity, etc., rs. 50. total rs. 79-14-4.8. the district munsif dismissed the suit, applying article 36 of the limitation act which allows two years for a suit for compensation for any malfeasence, misfeasance or non-feasance independent of contract and not specially provided for. the suit was brought on 28th .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad72; (1918)34MLJ206
..... only intended to penalise waste) of water and not the deprivation of a parson having the right to use it, the language of the section is as follows:whoever commits mischief by doing any act which causes, or which he knows to be likely to cause a diminution of the supply of water for agricultural purposes, or for food or ..... down as follows :-'it is not part of the definition of the offence that the act of the accused should be in common language a mere wanton act of waste. under section 430, i.p.c. the physical requisites of the act are the doing of the act which causes or is likely to cause a diminution of supply. he also fulfils the ..... drink for human beings or for animals which are property or for cleanliness or for carrying on any manufacture.... 2. the section begins by saying 'whoever commits mischief,' .....
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