Court : Chennai
Decided on : Jan-15-1935
Reported in : AIR1935Mad483; 157Ind.Cas.181
..... manager of a religious endowment is in the same position as an express trustee. this is the effect of the amendment introduced by way of an exception to section 10 by the indian limitation (amendment) act of 1929. the exception says;for the purposes of the section any property comprised in a hindu religious or charitable endowment, ..... shall be deemed to be property vested in trust for a specific purpose, and the manager shall be deemed to be the trustee thereof.7. the amended section was in ..... , puja or feeding, instituted by thanikachala were perform ed from the moment that appadurai usurped possession of the endowed property. neither he nor his brothers assumed to act as 'trustee' of the property. on the contrary, their conduct hows that they took the earliest opportunity of making an end of the charities.10. turning .....
Tag this Judgment!Court : Chennai
Decided on : Jan-24-1935
Reported in : AIR1935Mad936; 160Ind.Cas.430; (1935)69MLJ509
..... good faith advanced sums of money to c.k.n. & sons. briefly their defence was (1) that they had derived title to the goods under section 178 of the indian contract act (the old section before its recent amendment) or (2) that, as both the plaintiffs and the defendants were admittedly innocent parties who had suffered loss by the fraudulent ..... first of all having made the plan and then having carried it out. in his opinion even apart from fraud an offence within the meaning of section 178 of the indian contract act had been committed. he, therefore, held that there had been no pledge to the defendants within the meaning of section 178. he accordingly gave a decree for the ..... plaintiffs for rs. 1,86,160. the original section 178 of the indian contract act, 1872 as then in force, reads as follows:a person who is in possession of any goods, or of any bill of lading, dock warrant, warehouse keeper's .....
Tag this Judgment!Court : Chennai
Decided on : Sep-18-1935
Reported in : AIR1936Mad171; (1936)70MLJ1
..... the position prior to 1930, the matter must now be taken to be settled in the appellant's favour by section 92 of the transfer of property act as amended by act xx of 1929, which he claims should be held to have retrospective operation, though the discharge of the prior mortgages in this case was made in 1927 ..... on the fact that the person claiming subrogation has covenanted to discharge the debt due to the very person against whom he seeks to claim the priority. among the indian authorities, some cases hold that a covenant to discharge several pre-existing mortgages indicate an intention to extinguish them all, govindasami tevan v. dorasami pillai : (1910) ..... see no distinction in principle, vide balbaddra v. sheomangal : air1931all347 .24. the next argument of mr. kutti krishna menon is that section 92 of the amended transfer of property act is retrospective and under clause (1) of that section his client's right to subrogation cannot be questioned and he is supported in this view by the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-20-1935
Reported in : AIR1936Mad449; (1937)2MLJ437
..... of the old code was limited by the analogy of proceedings under lord romilly's act. but this view is no longer tenable in view of the amendments introduced in the code of 1908, making it clear that a proceeding under section 92 may be contentious and may result in the removal ..... no relief not falling within section 92 has been asked for : of maher husein v. ali mohamed 1934 bom 257 .10. it may be convenient, before referring to the indian authorities, to make a few general observations. it was at one time thought that the scope of the inquiry to be held and the reliefs obtainable under the corresponding section ..... the fact that the procedure under lord romilly's act was avowedly summary and the remedy by way of information' was always open to the attorney-general : see ex parte skinner (1817) 2 mer 453 and ex parte skinner (1818) 1 wils ch 15. the procedure under section 92 of the indian code is in no sense summary; and so far .....
Tag this Judgment!Court : Chennai
Decided on : Oct-02-1935
Reported in : AIR1936Mad205; (1936)70MLJ162
..... execution against the legal, representative see groves v. administrator general of madras i.l.r.(1898) 22 mad. 119 the legislature has accepted the madras view and amended the section by sub-stituting 'fully satisfied' for 'fully executed'.51. the code contemplates the necessity of a judgment-debtor being a party to sale proceedings. the ..... 'a valid charge upon the land', courts in india and even the judicial committee in later cases have hithertofore held that an attachment does not according to the indian law create any interest in the land or convert the attaching decree-holder into a 'secured' creditor in a very recent case ananta padma-nabhaswami v. official ..... adjudicate upon a subject-matter which does not fall within its province as defined or limited by law * * * *. as regards jurisdiction in relation to persons, a court cannot act upon persons, who are not legally before it, upon one who is not a party to the litigation. * * * *. as regards jurisdiction in regard to the particular .....
Tag this Judgment!Court : Chennai
Decided on : Nov-14-1935
Reported in : (1936)70MLJ700
..... of all the decree-holders to apply for execution is not barred by reason of the provisions of section 7 of the indian limitation act. the said purushotham chetti is one of the sons of the first plaintiff and was brought on record on the death of ..... now before us is concerned, time began to run from the date of the final decree and not from the date of the amendment, and the amendment does not enure to the benefit of the appellant. the records in the case reported in thiagaraja thevar v. sambasiva thevar (1933) ..... and one of the items of the decree was deleted, he is entitled to have the date of the amendment taken as the starting point for purposes of limitation and that if it is so done, this application is not barred. but, ..... 1920; and this petition was filed on 24th june, 1929. the first contention of the appellant is that as the decree was subsequently amended by an order made on 13th july, 1929, (ex. g) on an application made by one of the defendants in the suit .....
Tag this Judgment!Court : Chennai
Decided on : Nov-14-1935
Reported in : 161Ind.Cas.969
..... right of all the decree-holders to apply for execution is not barred by reason of the provisions of section 7 of the indian limitation act. the said purshotham chetti is one of the sons of the 1st plaintiff and was brought on record on the death of ..... now before us is concerned, time began to run from the date of the final decree and not from the date of the amendment, and the amendment does not enure to the benefit of the appellant. the records in the case reported in thiagaraja thevar v. sambasiva thevar 57 m ..... and one of the items of the decree was deleted, he is entitled to have the date of the amendment taken as the, starting point for purposes of limitation and that if it is so done, this application is not barred. but, ..... 1920; and this petition was filed on june 24, 1929. the first contention of the appellant is that as the decree was subsequently amended by an order made on july 13, 1929, (ex. g) on an application made by one of the defendants in the suit .....
Tag this Judgment!Court : Chennai
Decided on : Dec-17-1935
Reported in : AIR1936Mad605; (1937)1MLJ41
..... , plaintiff claiming that they too belonged to bapu reddi's estate, while the fourth defendant claimed independent title to them and also pleaded adverse possession. by a further amendment made on 31st august, 1933, without any objection from the defendants, plaintiff was allowed to add para 10 (a) to the plaint, referring to the version of ..... no justification for limiting the scope of the section by reference to the illustrations. an examination of the more recent pronouncement of the judicial committee and of the indian high courts will show that in dealing with declaratory suits, the courts have in recent years laid stress hot so much on the question of their maintainability ..... when looked at in the character of a representative of the body of reversioners, has a ' legal character 'within the meaning of section 42 of the specific relief act; and if that character is disputed or denied by another, there is no reason why the case should not be held to fall within the section. the decision .....
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