Court : Chennai
Decided on : Feb-15-1912
Reported in : (1912)22MLJ490
Benson, J.1. In this case fourteen persons were tried by a Special Bench of this Court, constituted under Section 6(6) of the Indian Criminal Law Amendment Act, 1908, for an offence, punishable under Section 121 A, Indian Penal Code (conspiring to commit certain offences against the State), and also with abetting the murder of Mr. Ashe. The Special Bench acquitted all the accused on the latter charge. The majority of the Court (Sir Arnold White, C.J. and Ayling, J.) convicted the first seven and the 14th accused of the offence, charged under Section 121 A and acquitted the remainder. The third Judge of the Special Bench (Sankaran Nair, J.) convicted the 1st, 2nd, 6th and 14th accused and acquitted the remainder. The late Advocate-General has given a certificate under Clause 26 of the Amended Letters Patent of 1865 to the effect that the decision of the Court on certain specified points of law requires further consideration. The present Advocate-General, who, as Public Prosecutor, appea...
Tag this Judgment!Court : Chennai
Decided on : Apr-17-1912
Reported in : (1912)ILR35Mad397
Benson, J.1. In this case fourteen persons were tried by a Special Bench of this Court, constituted under Section 6(b) of the Indian Criminal Law Amendment Act, 1908, for an offence punishable under Section 121A, Indian Penal Code (conspiring to commit certain offences against the State), and also with abetting the murder of Mr. Ashe. The Special Bench acquitted all the accused on the latter charge. The majority of the Court (Sir Arnold White, C.J., and Ayling, J.) convicted the first seven and the fourteenth accused of the offence charged under Section 121-A and acquitted the remainder. The third Judge of the Special Bench (Sankaran-Nair, J.) convicted the first, second, sixth and fourteenth accused and acquitted the remainder. The late Advocate-General has given a certificate under Clause 26 of the Amended Letters Patent of 1865 to the effect that the decision of the Court on certain specified points of law requires farther consideration. The present Advocate-General, who, as Public ...
Tag this Judgment!Court : Chennai
Decided on : Apr-17-1912
Reported in : 14Ind.Cas.896
Ralph Benson, J.1. In this case fourteen persons were tried by a Special Bench of this Court, constituted under Section 6(b) of the Indian Criminal Law Amendment Act, 108, for an offence punishable under Section 121A, Indian Penal Code (conspiring to commit certain offences against the State), and also with abetting the murder of Mr. Ashe. The Special Bench acquitted all the accused on the latter charge. The majority of the Court (Sir Arnold White, C.J., and Ayling, J.,) convicted the first seven and the 14th accused of the offence charged under Section 121A and acquitted the remainder. The third Judge of the Special Bench (Sankaran Nair, J.,) convicted the 1st, 2nd, 6th and 14th accused and acquitted the remainder. The late Advocate-General has given a certificate under Clause 26 of the Amended Letters Patent of 1865 to the effect that the decision of the Court on certain specified points of law requires further consideration. The present Advocate-General, who, as Public Prosecutor, a...
Tag this Judgment!Court : Chennai
Decided on : Sep-10-1912
Reported in : (1913)24MLJ135
ORDERAyling, J.1. The facts of the case are fully and clearly set forth in the judgment of my learned brother, which I have had the advantage of perusing. The only point with which we are concerned is whether the Subordinate Judge was entitled to reduce the rate of interest specified in the suit bond.2. As regards the preliminary objection that the matter is covered by the oath taken by the plaintiff and that the defendant is thereby precluded from asking for relief against the high rate of interest, I have no hesitation in agreeing with the learned Judge who disposed of the revision petition. Apart from this, the question whether the decree of the Subordinate Judge, in so far as it modified the terms of the contract as regards interest, should be upheld, is one of some difficulty; and, with all diffidence, I may say that it seems to me of the utmost importance to observe the distinction between what a court may do and what a court should do. The matter is considered from both points o...
Tag this Judgment!Court : Chennai
Decided on : Sep-11-1912
Reported in : (1915)ILR38Mad6
Sundara Ayyar, J.1. This is a suit by the owner of a house in Bellary for a declaration of his right to a pial and for restraining the Municipal Council of the town from removing it. At the instance of the Municipal Council the Secretary of State for India in Council was made a party to the suit. The plaintiff's case was that the pial belonged to him and that the Municipal Council had therefore no right to remove it as it threatened to do. The Council denied the plaintiff's right to the site of the pial, and the Government set up its ownership to the site. The issues framed in the suit raised the questions, how long the suit pial was in existence, whether the plaintiff acquired a prescriptive title to the site of the pial if he was not the original owner, and whether the Municipality was entitled to demolish it.2. Both Courts have found that the street was dedicated to the public by the Government. The houses were built on sites originally belonging to Government which it gave to the p...
Tag this Judgment!Court : Chennai
Decided on : Nov-14-1912
Reported in : (1913)ILR36Mad533
Charles Arnold White, Kt., C.J.1. This is a suit brought by the endorsee of a promissory-note of Rs. 1,500 which provided for the payment of interest at the rate of 60 per cent per annum. The makers of the none were five ladies. Two issues were raised: is the note genuine? is the rate of interest provided in the note enforceable? The judge found that the note was genuine but that the rate of interest was not enforceable and in lieu of the interest provided for in the note he gave the plaintiff interest at the rate of 24 par cent, per annum. The plaintiff appeals against this. There is no cross-appeal as regards the genuineness of the note. The contesting defendants are defendants Nos. 1, 6, 7 and 8. They plead that the note was fraudulent and that the rate of interest was high and unconscionable There is no plea that the note was procured by the exercise of undue influence on the part of anybody. There is no issue as to this and there is no finding of the District Judge as to this. Con...
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