Court : Chennai
Reported in : (1898)8MLJ40
..... a majority of the american courts recognize an inherent right in the attorney to compromise the original demand placed in his hand, so as to receive in full satisfaction less than the amount due, or to substitute claims upon other parties or to take property in satisfaction of a money demand or to release any security existing when he received the claim, we cannot agree with them. ..... brown where the court says:-'in the elaborate note to section 24 in story on agency and also in wharton on agency, section 592, it is said that the american rule is the same as the english. ..... however, as pointed out in the note to section 24 of story on agency (9th edition, page 27), such power has given rise to much litigation in england. ..... the decree is, therefore, set aside and the suit remanded for disposal according to law. ..... to deny power so to bind the client or to do any similar act obviously necessary for the due conduct of litigation would so embarrass and thwart a pleader as in a great measure to destroy his usefulness. .....
Tag this Judgment!Court : Chennai
Reported in : (1898)8MLJ170
..... it seems, therefore, but right to conclude that a gift of land to the bridegroom on the occasion of his marriage is an act warranted by the authorities and is within the power of a qualified owner like thaiyyu ammal, provided, of course, the gift is, having regard to the position of the family and all the other circumstances of the case, ..... the better and sounder view is as contended for the respondents that the authorities should be understood to empower a qualified owner like thaiyyu ammal to do all acts proper and incidental to the marriage of a female according to the general practice of the community to which she belongs. ..... known that at the time a girl belonging to the community with which we are concerned in this case is handed over in marriage, certain other gifts have to be made to the bridegroom of which 'bhudanam' a gift of land is one (see beauchamp's abbe dubois on hindu manners, customs and ceremonies, p. ..... on behalf of the appellant it was urged that a hindu qualified owner in the position of thaiyyu ammal has no authority to make such a gift and even should it be held that she had, the gift in question in the present instance, ought, having regard to all ..... , is, had thaiyyu ammal authority to make a gift of lauded property inherited by her to her son-in-law at the time of her daughter's marriage? ..... judge held that the gift was binding upon the appellant who as the heir of the last full owner has since the demise of thaiyyu ammal become entitled to succeed to the property. .....
Tag this Judgment!Court : Chennai
Reported in : (1898)8MLJ159
..... as to the memorandum of objections, i think that the subordinate judge was justified in declining to act upon the respondent's accounts in the absence of vouchers or other more satisfactory evidence, especially with reference to so large an amount as rs. .....
Tag this Judgment!Court : Chennai
Reported in : (1900)10MLJ111
..... decides nothing with regard to the question whether the brother op the property of the family in his hands is chargeable with the cost of a marriage properly performed by the mother. ..... in addition i think the plaintiff was within the meaning of section 69 of the indian contract act interested in making the payment which has given rise to the ..... it is argued that although the defendant may be liable for the expenses of the marriage, the plaintiff's daughter is the person in whom the corresponding right resides, just as it would be if the daughter's maintenance were ..... nothing inconsistent in holding that the person possessed of family property and chargeable in respect thereof with the maintenance of unmarried girls is also chargeable with the cost of their marriages though he himself does not choose to give them in marriage. ..... in effect argued before us that as the defendant was not compellable to give the girl in marriage himself, he could not be called upon to pay the costs incurred by anybody else. ..... reasons, i hold that the defendant can be made liable for the expenses of his niece's marriage, the same having been property incurred. ..... buhler 754 and mayne's hindu law, sections 81 and 408). ..... marriage according to hindu law involves the idea of gift and the mother may be a party to the transaction in giving her daughter in marriage when the mother has lawfully undertaken this part and in consequence has incurred expense, she can, as i conceive, claim the advantage of the obligation which the .....
Tag this Judgment!Court : Chennai
Reported in : (1901)ILR24Mad405
..... that, in cases like this, daughters as immediate reversioners must be taken to represent the inheritance, and that a remote reversions such as the plaintiff should be held to be a parson claiming through or from the daughters within the meaning of section 3 of the limitation act, and in this view the suit would be barred. ..... and other decisions to the effect that the intervention of reversioners with a life estate like the daughters in this case does not preclude a male reversioner entitled to take after them from obtaining a declaration in respect of property alleged to have been improperly alienated by a qualified female owner. ..... but an adoption of a son by a hindu widow to her husband is of course the introduction of an heir and concerns a matter of status and such an introduction cannot be treated to be in effect nothing more than a mere transfer of property. ..... adopted son since 1886 is not disputed, and if they had brought a similar suit after six years from march 1886, it would undoubtedly have been barred under article 118 of the schedule to the limitation act. ..... the first question for determination is whether the suit is barred by limitation under article 118 of the second schedule to the limitation act.3. .....
Tag this Judgment!Court : Chennai
Reported in : (1901)11MLJ78
..... and attempts were being made to secrete the rest; before the petitioner could institute a regular suit for the recovery of the property, all the moveable property was likely to disappear and the petitioner would not be able to recover either their value or the mesne profits of the landed estate which the counter-petitioner may ..... will purporting to have been executed by the zemindar and to bequeath the zemindari to the counter-petitioner, and under that pretended claim took wrongful possession of the whole of the moveable property left by the deceased and some of the zeinindari lands and was attempting to take possession of the remainder; some of the moveables so wrongfully taken had been secreted, some others sold ..... likely to be prejudiced if loft to the ordinary remedy and that the application was made bona fide, and that before appointing a curator he would have satisfied himself as to the matters mentioned in section 5, and further he would have demanded a report from the collector, in which re port the collector would have recorded his opinion 'regarding' the propriety of citing the party in possession, of ..... act of 1841 no more created a new jurisdiction than did section 15 of act xiv of 1859 in regard to suits to recover possession of immovoable property ..... dispose of the case, it perhaps becomes unnecessary to consider the effect of the words 'shall in the first place enquire by the solemn declaration of the complainant '' in section .....
Tag this Judgment!Court : Chennai
Reported in : (1912)ILR35Mad628
..... the lower appellate court; was of opinion that the plain- tiff's father had intended at the time of her marriage to give some properties to the first defendant and as ho was only carrying out that intention by making this gift, it is valid.3. ..... in a learned judgment it has been hold by the high court of calcutta that a widow may make a valid gift of a reasonable portion of even the immoveable property of her husband to her daughter on the occasion of the performance of certain ceremonies, which are usual when the wife on the attainment of puberty leaves her parental home for that of her husband--churaman saku v. ..... it was also contended that a father is entitled to give only jewels and other moveable property, and that the hindu law texts do not justify any gift of land on marriage occasions. ..... but the texts relating to gifts on marriage show that they are made to the bride, and regard being had to the fact that these gifts are intended as a provision for the married couple and are made by the father probably in lieu of her share of the family property, when by marriage she is leaving it for another family, it seems more appropriate that such gifts should to made in her name than that of her husband. ..... that a gift of land to the son-in-law on the occasion of his marriage is an act warranted by the authorities and customary in this presidency was bold by the madras high court in ramasami ayyar v. .....
Tag this Judgment!Court : Chennai
Reported in : (1901)11MLJ241
..... such action on the part of the sessions judge is only an error or irregularity in a proceeding during the trial, which, if it has not, in fact, prejudiced the accused, could be cured under section 537 of the code of criminal procedure, i would overrule the preliminary objection and proceed to hear the case on the merits and affirm or set aside the conviction, according as, in the opinion of this court ..... the argument that assessors form members of the court would carry weight, if, the question had arisen under act vii of 1843 or under the criminal procedure code of 1861; at any rate such argument would have been very plausible under section 32 of the said act and under section 324 of that code which ran as follows: 'in a trial before the court of session not by jury the trial ..... assuming, for the sake of argument, that notwith standing their position and notwithstanding the fact that, if they were so disposed, there could be no insuperable difficulty in their hiring or employing suitable persons to murder ranga reddi, they were so rash, and i may add, so insane, as to accompany their servants, or hirelings in ..... the house of timma reddi and that on the third day the 9th accused promised to pay all the expenses of the marriage if he would contrive to put some poison into ranga reddi's food or drink. ..... went to gooty to beg for his marriage expenses from- the two vakils, viz. ..... minimise the adverse inference may be due to his being a connection by marriage of the deceased and chenna reddi. 31. .....
Tag this Judgment!Court : Chennai
Reported in : (1901)11MLJ227
..... immediate possession to be given in all cases, and it may be doubted whether even the restricted rule as to possession is any longer adopted to modern requirements and whether the mode of transfer laid down as obligatory on europeans and hindus by section 123 of the transfer of property act, and adopted by the parties in this case, viz. ..... the subordinate judge disallowed their claim on the ground that the gift was invalid under mahomedan law because the property given was not put into the possession of the donees, and also because what was given was an undefined share and therefore invalid according to mahomedan law by reason of 'musha' or confusion. ..... the validity of the gift in this case is not 'a question regarding succession, inheritance, marriage or caste, or any religious usage or institution,' and therefore, the rules of mahomedan law with regard to gifts are not necessarily the rules by which we should decide the question. ..... i would, therefore, set aside the award of the subordinate judge and remand the petition for disposal according to law. ..... hindu law in cases where the parties are hindus, or ;(b) any custom (if such there be) having the force of law and governing the parties or property concerned, shall form the rule of decision unless such law or custom has by legislative enactment been altered or abolished; (c) in cases where no specific rule exists, the court shall act according to justice, equity and good conscience. 5. .....
Tag this Judgment!Court : Chennai
Reported in : (1901)ILR24Mad513
..... section 16 of the madras civil courts act, 1873, which enacts as follows:where, in any suit or proceeding, it is necessary for any court under this act to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution;(a) the muhammadan law in cases where the parties are muhammadans, and the hindu law in cases where the parties are hindus; or(b) any custom (if such there be) having the force of law and governing the parties or the property ..... immediate possession to be given in all cases, and it may be doubted whether even the restricted rule as to possession is any longer adapted to modern requirements and whether the mode of transfer laid down as obligatory on europeans and hindus by section 123 of the transfer of property act and adopted by the parties in this case, viz. ..... concerned, shall form the rule of decision unless such law or custom has by legislative enactment been altered or abolished;(c) in cases where no specific rule exists the court shall act ..... i would therefore set aside the award of the subordinate judge and remand the petition for disposal according to law. ..... i would reverse the award and remand the case for disposal according to law. .....
Tag this Judgment!