Court : Chennai
Reported in : (1905)15MLJ147
..... elphinstone says : ' the unoccupied waste, as in all other cases where society has assumed a regular form, must, no doubt, have belonged to the state; but the king, instead of transferring this property to the intended cultivators for a price paid once for all, or for a fixed annual rent or quit rent (as is usual in other countries) reserved a certain portion of the produce, which increased or diminished according to the ..... at the time when the claimant's warg land were surveyed about the year 1890, the claimant made no claim to the forest now claimed, and that consequently the present claim is barred by section 25 of the boundary marks act (act xxviii of 1860, madras) and relies on the pull bench decision in kamaraju v. ..... in these circumstances we set aside the decree of the district judge and remand the appeal for disposal with reference to all the evidence in the case, and with reference to the general principles and presumptions which we have found to be established on a review of the revenue history and tenures of ..... now well established that under the hindu common law the immemorial waste lands of the country generally belonged to the ruling power, and it would be strange indeed if the essential features of the hindu system were not established during the centuries of hindu rule which preceded the mahomedan conquest. ..... when the mahomedan government succeeded the hindu government there can be no doubt that it exercised proprietary rights over waste lands, in accordance with .....
Tag this Judgment!Court : Chennai
Reported in : (1905)15MLJ416
..... taking it as a fact that the land was at one time the bed of a tidal and navigable river and thus land at the absolute disposal of government there was nothing to prevent the government from granting the land to the defendant on ordinary ryotwary tenure as in fact they did. ..... the defendant was entitled to hold the land as long as he paid the revenue properly leviable from him, and in default he could be ousted only on legal process taken under act ii of 1864. .....
Tag this Judgment!Court : Chennai
Reported in : (1906)ILR29Mad161; (1906)16MLJ22
..... and where disputes arise, as in this case, many years after the child passes from one family to another, to hold that the adoption, itself is bad would subject him to irreparable loss in respect of property and involve him in other difficulties incident to the ties he has formed as a member of the adopter's family. ..... to take and the plaintiff himself was a fit subject for gift and acceptance in that form, that intention must be given effect to unless there was something attending the transaction, which under the hindu law nullified the intention of the parties and prevented the springing up of the status which would otherwise have resulted from it. ..... sivaswami ayyar their real effect was that a person buying a child, had the power by the very act of purchase, of conferring upon the child the status of a member of his family without the performance of rites or ceremonies prescribed in the case of an aura a son, though the performance thereof was recommended as productive of religious merit ..... it is further shown that the defendant got the plaintiff married and that the issue of that marriage (the second plaintiff) has also grown up as a member of the defendant's family. mr. ..... to serve as the written evidence of the transaction, the plaintiff is described as manjaneer puthiran, tamil words meaning literally 'saffron-water-son,' but used as synonymous with a dattaha son (see winslow's dictionary and compare mayne on hindu law and usage, sixth edition, page 196 at end of section 154). .....
Tag this Judgment!Court : Chennai
Reported in : (1906)16MLJ178
..... funeral cake follows the family and estate : but of him who has given away his son the obsequies fail.it is declared by this, that through the extinction of his filial relation from gift alone, the property of the son given in the estate of the giver ceases; and his relation to the family of ' that person is annulled.and accordingly, since extinction of relation to the family (of the natural father) ..... (exhibits 32 and oooo) written by the two brothers to the collector in 1804, show that the agreement to divide was acted on in regard to all the property except the zamindari, which, of course, they were unable to divide while it was under sequestration and in the possession of ..... claim on the ground that by family custom or otherwise, it was impartible and descendible to a single heir, but solely on the ground that according to the then currently accepted view of the, hindu law relating to succession by widows to the property of husbands, she, as the elder widow was alone entitled to succeed to all her ..... . the above text is quoted in the mitakshara, chapter 1, section 11, verse 32 and is thus translated at page 422 of stokes hindu law books - 'a given son must never claim the family ..... that the testator regarded the village as abandoned by the jheer in consideration of a yearly cash payment in lieu of it, and therefore thought himself free to dispose of it in his will ..... . this disposes of the second objection and we hold that papamma row had full power to make an adoption after the death of .....
Tag this Judgment!Court : Chennai
Reported in : (1906)16MLJ103
..... desika chariar that the endorsement on the note was, with reference to section 56 of the negotiable instruments act, such as not to confer on the plaintiff a good title to the note under the law merchant.8. ..... apart from the presumption in favour of the' plaintiff under section 118 of the negotiable instruments act, the evidence as to the payment of consideration for the endorsement is all one way.here their lordships discussed the evidence.4. ..... the second defendant, a hindu widow, who is now dead, sold to the first defendant on the 31st march 1900 some property inherited by her from her husband for the sum of rs. .....
Tag this Judgment!Court : Chennai
Reported in : (1906)ILR29Mad212
..... desika chariar that the endorsement, on the note was, with reference to section 56 of the negotiable instruments act, such as not to confer on the plaintiff a good title to the note under the law merchant.9. ..... apart from the presumption in favour of the plaintiff under section 118 of the negotiable instruments act, the evidence as to the payment of consideration for the endorsement is all one way. ..... the second defendant, a hindu widow, who is now dead, sold to the first defendant on the 31st march 1900 some property inherited by her from her husband for the sum of rs. ..... section gurusami chetti, another attesting witness to the endorsement, who was a friend of the second defendant and who apparently brought about the negotiation of the note, also testifies to the payment to the second defendant as against .....
Tag this Judgment!Court : Chennai
Reported in : (1906)16MLJ238
..... law on the point is thus succinctly stated by westlake: - 'a proprietor of foreign immoveables, or person interested in such, may be compelled by the english court, if it has jurisdiction over him, to dispose of his property or interest in them so as to give effect to any obligation relating to them which arises from, or as from, his own contract or tort : and that obligation will not be measured by the ..... (and there is none in the present case) 'the courts of this country, in the exercise of their jurisdiction over contracts made here, or in administering equities between parties residing here, act upon their own rules and are not influenced by any consideration of what the effect of such contracts might be in the country where the lands are situate, or of the manner in which ..... to the law as to the rights of members of an undivided family and the story he now tells that it was owing to ignorance of the rights that he continued to act upon the will is an utterly incredible and untrue story, it must therefore be taken as well established that except the house, the cart-stand and the bodinayakkampatti ana athur lands (exhibit e. ..... the common law procedure act, 1852 (sections 18 and 19) gave the common law courts jurisdiction over a defendant not present in england when either the cause of action arose in ..... this litigation he as well as his father has been taken as domiciled there, and as subject to the same system of hindu law as that administered in this part of british india.20. .....
Tag this Judgment!Court : Chennai
Reported in : (1906)16MLJ491
..... bearing, therefore, in mind the extreme importance attached to the existence of male issue by every hindu on religious and other grounds and the unlikelihood as a rule of a hindu father contemplating the total disinheritance of his son even with reference to his self-acquired property, it would seem to be quite a reasonable doctrine to lay down that in circumstances like those of the present case the will is revoked in point of law by the birth of the male issue to the ..... section 2 of act xxi of 1870, and section 3 of the same act has the following proviso : 'provided that marriage shall not revoke any-such ..... of law among people with whom, in the words of professor dicey, 'freedom of testamentary disposition has become a part not my of their law but so to speak of their social morality,' it would seem not to be right to act otherwise with reference to a community in which the law of wills is in its early stage of growth and among the members where of parental feeling is in no way less cordial. ..... the view held by vijnaneswara, the great authority of the school cf hindu law followed in this presidency, as to the interest devolving on a son by his birth in all the property held by his father, it must now be taken that a son by his birth acquires no sort of interest in so much of the property possessed by the father as is his self-acquisition. ..... dispute that the all estate which chenga reddi left and which has been disposed of by his will, relied on by the plaintiff, was his self- .....
Tag this Judgment!Court : Chennai
Reported in : (1908)18MLJ189
..... if the privy council had decided that rangiah goundan's application for execution was governed by article 179 and not by article 178 of the 2nd schedule to the limitation act, nanjappa row would have had a reasonable prospect of paying all his debts in full, and there is nothing to indicate that nanjappa row did not believe in his appeal, or ..... in the all edged unfair preference in the present case, but the assignments of the 'actionable claim' were no doubt, 'dispositions of property' and the same principles seem to me to be applicable. ..... fraud of his lights, i do not see how the transaction could be treated as an 'act of bad faith regarding the matter of^ the application' within the meaning of section 351, c.p.c. ..... i am of opinion that the dispositions of property made by the respondents in 1903 were not made with the ..... to consider whether as a matter of law, the words 'unfair preference' which appear to be taken from an enactment of 1861, are to be construed with reference to the principles on which the cases prior to the act of 1869 and the earlier cases under the act of 1869 were decided, or whether the more stringent test applied in the later cases under the act of 1869, and in the cases under the act of 1883, should be applied here. ..... in full; (4) that the respondents recklessly contracted debts when they knew they could not pay their debts in full; (5) that the 1st respondent had been guilty of an act of bad faith in not including in his schedule the monthly allowance of rs. .....
Tag this Judgment!Court : Chennai
Reported in : 4Ind.Cas.1094
..... both plaintiffs were married at the same time during the life-time of their father, and the district judge finds that their father did not then promise them marriage portions out of the family property, and we may, i think, take it that he also finds that the father is not shown to have expressed at any time an intention of making the gift which was made. ..... in pursuance of the intention of their father to give them land, and though the issue as framed is very wide and wanting in precision, evidence was adduced by the plaintiffs to prove that the gift was promised at the marriage, and the defendants did not call evidence to show that any gifts were actually made at that time.6. in these circumstances, though the plaintiffs' witnesses have been disbelieved, we may fairly take it that it ..... it is clear that having regard to the extent of the family property it cannot be said to be unreasonably large, and it was not denied that a hindu father is entitled to make gifts by way of marriage portions to his daughters out of the family property to a reasonable extent. ..... . 113 that a gift of land by a widow on the occasion of her daughter's marriage to the bridegroom should be supported as an act proper and incidental to the marriage of a female according to the general practice of the community to which she belongs, and they refer in support of this view to the practice of making a real or symbolical gift of land to the bridegroom at the time the bride is given to him in marriage .....
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