Court : Chennai
Reported in : AIR1945Mad434; (1945)2MLJ2
..... to the society by a member or a person claiming through a member is a dispute touching the business of the registered society. in the body of section 51 of the madras act express provision is made that a dispute between a member, past member or person claiming through a member regarding a dispute should be referred to the registrar. ..... , whether such debt or demand be admitted or not, is a dispute touching the business of the society within the meaning of this sub-section.4. this explanation was added in the madras act so as to remove any doubt on the question whether a debt due by a member is a dispute touching the business of a registered ..... business of a co-operative society being to finance its members, a dispute concerning the financial obligations of its members to the society is a dispute concerning the business of the society. this provision is in the madras act enacted in section 51. reliance is placed on the wording of the explanation to section 51 which has already been set out and .....
Tag this Judgment!Court : Chennai
Reported in : AIR1945Mad284; (1945)1MLJ449
..... had been examined by the district superintendent of police, to go back on their evidence is the enquiry by mr. stewart' and he alleges that he had to finance this expenditure because the first appellant was unwilling to create evidence against himself by drawing on his own banking account. the result of this was that the second appellant ..... 's leave at the end of 1940, and says that he was in charge of the first appellant's incidental expenditure during his absence and that in order to finance his expenditure he utilised a sum of rs. 200 collected in criminal appeal no. 32 of 1940, and that the first appellant never reimbursed the money though requested ..... has been accorded by his excellency the governor ' exercising his individual judgment,' as laid down in section 197 of the code of criminal procedure as amended in the light of the provisions of sections 52 and 271(2) of the government of india act. the argument is that although the genuineness of the sanction order may have been proved by .....
Tag this Judgment!Court : Chennai
Reported in : (1945)2MLJ269
..... far as his district was concerned. he, therefore, in december 1942, thought it necessary to take action in order that the provisions of section 3 of the act should be fulfilled. that section imposed an obligation upon every mutavalli to furnish particulars to the court relating to his wakf. the district judge says that it was in ..... such circumstances, namely, that the section had never been observed, he issued this order calling for the information.4. the act is a short one. section 2 contains definitions, amongst other things, of a wakf. this is defined as the permanent dedication by ..... judge of salem dated 12th september, 1944. by that order the district judge, purporting to act under the mussalman wakf act, 1923, called upon the mutavalli of a wakf at-paramathi, namakkal taluk, to file certain statements regarding the finances of the trust, including a statement of the portion of the annual income beneficially taken by .....
Tag this Judgment!Court : Chennai
Reported in : AIR1946Mad137; (1945)2MLJ429
..... this view it is contended that the debt arose for the first time in 1937 after the accounts were settled and has to be scaled down under section 9 of madras act iv of 1938. in the memorandum of cross objections it is contended for the defendants that although the parties might have split up the sums contributed by ..... by the first defendant from venkataratnam, in substance there is a borrowing only to the extent to which the first defendant's contribution to the joint purchase was financed by an advance from venkataratnam. the rest of the advances he has treated as venkataratnam's own contribution to the joint purchase. having thus ascertained the original amount ..... the debt.2. the story begins in august, 1928, when the first defendant was proposing to buy certain lands in court auction and he approached venkataratnam for assistance in financing the purchase. they entered into an agreement ex. p-2 dated 31st august, 1928, whereby it was settled that, as soon as the sale was confirmed in .....
Tag this Judgment!Court : Chennai
Reported in : AIR1946Mad105; (1945)2MLJ542
..... in such cases has been laid down by the judicial committee in ma shwe mya v. maung mo hnaung (1921) l.r. 48 indap 214 : i.l.r. 48 cal act rules of court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate .....
Tag this Judgment!Court : Chennai
Reported in : AIR1946Mad107; (1945)2MLJ478
..... facts relevant to or having a bearing on the sale were mentioned by the vendor to the vendee, and evidence about the same is not ruled out under section 92 of the evidence act, they must be taken into account in considering what the vendor professed to transfer; and to that extent it cannot be said that there was any misrepresentation, fraudulent ..... chandrasekhara aiyar, j.1. the plaintiffs are the appellants and the question is whether section 43 of the transfer of property act applies to the facts of this case and can be invoked by the plaintiffs in their favour so as to operate on the title which the first defendant acquired to ..... the property subsequent to the safe in favour of the plaintiffs. both he courts have found that the section has no application because the plaintiffs had .....
Tag this Judgment!Court : Chennai
Reported in : AIR1946Mad254; (1946)1MLJ145
..... cases because the hoarding and profiteering prevention ordinance is not a central act. this argument is readily disposed of by a reference to section 30 of the general clauses act where a central act is by a later amendment, thus defined:in this act the expression 'central act' wherever it occurs... shall be deemed to include an ordinance made ..... is that the absentee partners cannot be. brought within the scope of this definition because the general clauses act does not apply to an ordinance framed by the governor-general. under section 3(39) of the general clauses act a ' person ' is defined in this way:a person shall include any company or association or body ..... the appeals are dismissed.7. mr. jayarama aiyar asks for a certificate under section 205(1) of the government of india act on the ground that this case involves a substantial question of law regarding the interpretation of section 317 of the act. in my opinion the question raised in these appeals turns upon a plain reading .....
Tag this Judgment!Court : Chennai
Reported in : AIR1946Mad157; (1945)2MLJ537
..... in the absence of specific evidence, the convictions have to be set aside.2. it is desirable that officers who issue warrants under section 5 of the gaming act take good care to employ the language of the section in the warrants, provided, of course, they are satisfied on information received by them, that any place falls within the definition of ..... , j.1. only a technical objection has been taken to the correctness of the convictions in this case under the gaming act, but i am afraid the objection has to be allowed. the warrant issued under section 5 does not set out that the deputy superintendent of police, who issued it, had reason to believe that the house in ..... ' a common gaming house ' within the act.3. the convictions and the sentences are set aside. the fines, if paid, will be refunded. the cash (m.o. 3 .....
Tag this Judgment!Court : Chennai
Reported in : (1945)2MLJ521
..... sub-divisional magistrate has misdirected himself on the meaning, scope and effect of section 6 of the gaming act. all that the section says is that ' any card, dice, gaming table or cloth, board or other instruments of gaming found in any place entered or searched under the provisions of section 5, or on any person found therein shall be evidence that such place ..... definition of a common gaming house, the element of profit or gain is an essential ingredient and, when this has been negatived, there is nothing to warrant a conviction under section 9, which postulates of course the position that the persons found gaming were present for the purpose of gaming in a common gaming house.3. the convictions are set aside .....
Tag this Judgment!Court : Chennai
Reported in : AIR1946Mad236; (1946)1MLJ113
..... document, that it could be ignored and relief obtained so long as the right of the real owner was not extinguished by the operation of the provisions of section 28 of the limitation act. he cited the well-known ruling of the privy council in pethaperumal chetti v. muniandi servai (1908) 18 m.l.j. 277 : 35 i.a. 98 ..... became knownto him. the defendant have not been able to prove anything to the contrary.27. it is clear that muthukaruppan chettiar is one of the prominent creditors financing the suit. it is well known that the official receiver often does not take the risk of a litigation unless a creditor or the body of creditors is willing ..... order of the learned subordinate judge. sanction was, however, accorded to the creditor himself to file a suit at his own risk. but subsequently on the creditor undertaking to finance the litigation, sanction was accorded to the official receiver himself to institute the present suit.4. the suit was filed on the 24th february, 1943 and defendants 5 to .....
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