Court : Chennai
Decided on : Oct-05-1936
Reported in : (1936)71MLJ873
..... c) of a minor whose property is under the superintendence of a court of wards competent to appoint guardian of the person of the minor.10. this section removes from the jurisdiction of the courts of the land, the minor wards under the court of wards, but does not exclude the minor relations ..... mind appears to be, that a petition constituted as the one in the present case, cannot be held to be defective. the present section 50 repealed and amended a provision which ran thus:every ward shall sue and be sued in the civil courts in the name of the district collector specified in ..... india (excepting the island of bombay which had owe been a crown possession) were ' british subjects', as that term was occasionally used in acts of parliament relating to india. 10, halsbury's laws of england, first edn., p. 588.38. this has been a moot point on which divergent opinions have been expressed ..... island of bombay. (morley's digest, vol. 2, p. 340.)75. this is the view of writers on constitutional law. (see taring, halsbury, vol. 10, first edition, page 588. dodwell in the cambridge history of india, vol. v, p. 589.)76. but any detailed investigation into this matter is perhaps unnecessary ..... of the indian high courts act the supreme court and the courts of sudder adaulat and foujdafi adaulat were abolished upon the establishment of the high court and by section 9 the jurisdiction of the abolished courts became, subject to certain limitations, vested in the high court. what matters, therefore, is the .....
Tag this Judgment!Court : Chennai
Decided on : Jan-24-1936
Reported in : (1936)70MLJ635
..... emperor (1928) 106 i.c. 678 where the learned judge apparently finds the distinctions free from difficulty. the proviso to section 178 of the indian contract act, before it was amended, when dealing with the pledging of goods etc., makes express provision against their being obtained from their lawful owner by an offence ..... venkatarama sastriar that an entrustment requires the elements of a trust - settlor, trustee and beneficiary and that those elements are wanting here. the language of section 405, indian penal code is very wide - 'whoever, being in any manner entrusted with property, or with any dominion over property' etc. this is sufficient ..... when the parties appeared it was stated that the complainant wished to compound the -offence as the only offence was one of cheating under section 420, indian penal code. this was sanctioned by the magistrate,. and an order made acquitting the first accused. cheating being a compoundable offence the effect ..... taken at the appropriate time. the trial had commenced and the plea of autrefois acquit was raised before the accused pleaded to the charge.10. there remains the last ground of preliminary objection, namely, that the question of entrustment has already been determined in the case by an ..... in court and explained to him, and he shall be asked whether he is guilty of the offence charged, or claims to be tried.9. this, in my opinion, indicates that the trial commences with the arraignment of the accused that is to say when the charge is read .....
Tag this Judgment!Court : Chennai
Decided on : Apr-29-1936
Reported in : AIR1936Mad835; 165Ind.Cas.860
..... the madras petitioners. the questions for consideration are whether these pamphlets are 'news-sheets' within the meaning of the indian press (emergency powers) act and whether these pamphlets come within the terms of section 4 (1) (d) of the act as amended by the criminal law amendment act, 1932, namely, as tending directly or indirectly to bring into hatred or contempt the government established by law in ..... and if they contain any matter described in sub-section (1), section 4 of the act as amended, they come within the definition of 'news-sheet,' that is to say, words, signs or visible representations which have the tendency to which we have already referred. one other sub-section must be referred to and that is sub-section (10), section 2, which defines 'unauthorized news-sheet' as ..... ) they will also come within sub-section (6) if they contain any matter described in section 4 (1) as amended. it is necessary, therefore, to consider the latter question; and, before doing so, we refer to the pamphlet no. 9 which sets out in 25 clauses the requirements of coolies and also in 10 clauses the reasons why a labour union is necessary. they ..... of labour unions in other countries; (7) for improving education and knowledge; (8) for labourers to become united and to acquire self-respect like others; (9) to save themselves from the exploitation of rich people, and (10) to drive away the demon of poverty.5. no objection at all can be taken to any of these objects provided that proper means are .....
Tag this Judgment!Court : Chennai
Decided on : Apr-29-1936
Reported in : (1936)71MLJ357
..... madras petitioners.4. the questions for consideration are whether these pamphlets are 'news-sheets' within the meaning of the indian press (emergency powers) act and whether these pamphlets come within the terms of section 4 (1)(d) of the act as amended by the criminal law amendment act, 1932, namely as tending directly or indirectly to bring into hatred or contempt the government established by law in ..... if they contain any matter described in sub-section (1) of section 4 of the act as amended, they come within the definition of 'news-sheet', that is to say, words, signs or visible representations which have the tendency to which we have already referred. one other sub-section must be referred to and that is sub-section (10) to section 2, which defines ' unauthorised news-sheet' as ..... ) they will also come within sub-section (6) if they contain any matter described in section 4(1) as amended. it is necessary therefore to consider the latter question: and, before doing so, we refer to the pamphlet no. 9 which sets out in 25 clauses the requirements of coolies and also in 10 clauses the reasons why a labour union is necessary. they are ..... of labour unions in other countries:(7) for improving education and knowledge;(8) for labourers to become united and to acquire self-respect like others;(9) to save themselves from the exploitation of rich people and(10) to drive away the demon of poverty.8. no objection at all can be taken to any of those objects provided that proper means are .....
Tag this Judgment!Court : Chennai
Decided on : Apr-22-1936
Reported in : AIR1936Mad707; (1936)71MLJ373
..... minor who has been admitted to some benefit, it is unnecessary to rely upon the decision, already mentioned, of the house of lords: for section 30 of the indian partnership act places the matter beyond doubt. we may in this connection also mention, that under the code, as under the english law, when a decree ..... , it is impossible to regard the minors as constituting a partnership firm. in the indian partnership act 1932, 'partnership' is described as the relation between persons who have agreed to share the profits of a business (section 4). the next section goes on to say that the relation of partnership arises from contract and not from ..... nothing that we have said is to prejudice in any manner, the plaintiffs' right to apply to the rangoon high court, for the amendment of the plaint or of the decree, or to obtain any other similar relief.8. no order is necessary in the civil revision petition. ..... bank) did not intend to adopt the procedure applicable to firms but the provision of law under which the suit was brought, was order 30, rule 10 applicable to actions against persons carrying on business in assumed names. in order to make the contentions of the parties clear, we may briefly set forth what ..... that it is here assumed, that the suit has been filed under the procedure applicable to suits against firms which under order 30, rules 1 to 9 may be instituted in the names of the firms. the plaintiff bank replied, that although the first defendant in the suit was described as a firm as .....
Tag this Judgment!Court : Chennai
Decided on : Jan-24-1936
Reported in : AIR1936Mad353
..... narsinghdas marwari v. emperor 1928 106 ic 678, where the learned judge apparently finds the distinctions free from difficulty. the proviso to section 178, contract act, before it was amended, when dealing with the pledging of goods, etc., makes express provision against their being obtained from their lawful owner by an offence ..... facts on which another offence has been charged: ganapathi bhattu v. emperor (1913) 36 mad 308, sharbekhan gohain v. emperor (1906) 10 cwn 518. illus. (a), section 236 and section 237, criminal p.c. show that a man may be convicted of an offence, although there has been no charge in respect of ..... bombay bonds had not been received, and promised that he would pay rs. 1,00,000 on 30th april 1935, another sum of rupees 10,000 within a fortnight or a month and the entire balance before 31st july 1935.52. accused 1 further assured the complainant that the financial ..... ac 487, where his lordship pointed out the difference between a consent which was apparent tout not real and a real consent obtained by fraud.10. but their lordships were considering the construction of a clause in an insurance policy touching the entrusting of property to customers of the insured. their ..... means of committing the theft.9. larceny by trick as defined by english law is not to be found in the indian penal code. dishonestly taking property out of the possession of its owner without his consent is theft as defined by section 378. it is cheating under section 415 to fraudulently induce, by .....
Tag this Judgment!Court : Chennai
Decided on : Mar-19-1936
Reported in : AIR1936Mad887
..... and upon an observation of messrs. pollock and mulla at p. 378 of their commentary on the indian contract act (6th edition) to the effect that an obligation under this section to restore the advantage received under an agreement is not confined to the parties to the agreement but extends to any person that may have received that advantage. this observation ..... appeal and the memorandum of objections are accordingly dismissed with costs. we are informed that-pending this appeal the lower court has made certain amendments in its decree. our decision is of course without prejudice to the amendments thus made.mockett, j.20. i agree. i desire to add a few words with regard to two matters with which this appeal is ..... regard to the terms of ex. j and the circumstances of the family at the time. the plaintiff is therefore entitled to a decree ?or possession of the suit lands.10. it was next argued that the plaintiff should not be permitted to take possession except on condition of restoring to the defendants the benefit which he has received under the ..... landlord who did so convert could not avoid the transaction by merely issuing notice to quit or by any alteration in his own registers.9. a conversion of this kind could not always be regarded as an act done in the ordinary course of management. the true test will be whether such conversion was necessitated or justified by circumstances relating to the .....
Tag this Judgment!Court : Chennai
Decided on : Aug-06-1936
Reported in : AIR1937Mad357; (1937)1MLJ303
..... materia with section 14 of the limitation act and the analogy therefore is not true. the purport of the two provisions is no doubt ..... singh i.l.r.(1930) 10 pat. 234, ramaswami aiyangar v. govinda aiyar : (1916)31mlj839 and abdul muhammad rowther v. seethalakshmi ammal (1930) 130 i.c. 666 this principle has now received legislative recognition in the explanation added to section 52 by the amending act of 1929. it has been suggested that section 52 of the transfer of property act is not a provision in pari ..... different but the underlying policy seems to us to be the same in both cases. the principle of section ..... up to the 5th july, 1918, the present suit would nevertheless be in time if they are entitled to exclude the period from 17th august, 1907 to 5th july, 1918.9. it was brought to our notice that the lower court has declared that the plaintiffs are entitled to proceed against the other family properties of the defendant not comprised in .....
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