Court : Chennai
Decided on : Feb-10-1939
Reported in : (1939)1MLJ831
..... had been displaced as a result of sartaj kuari's case (1888) l.r. 15 i.a. 51 : i.l.r. 10 all. 272 (p.c.). more recently by an amending act (xii of 1934) express provision has been made recognising a right of maintenance in favour of descendants up to the third degree, while in regard to others, the law was ..... . natarajan (1931) 61 m.l.j. 522 : l.r. 58 i.a. 402 : i.l.r. 55 mad. 1 (p.c), the judicial committee left this question open and no indian authority has been quoted to us on the subject. the question must then be decided on principle. if a person is entitled in law to be maintained out of an ..... judge whose experience in the district they fully recognize. 25. the reference to maintenance to be found at page 62 of the report of sartaj kuari's case in 15 indian appeals consists of a quotation from the judgment in periasami v. periasami (1878) l.r. 5 i.a. 61 : i.l.r. 1 mad. 312 (p.c.), where mention is .....
Tag this Judgment!Court : Chennai
Decided on : Mar-27-1939
Reported in : AIR1940Mad641
..... by defendant 1 as party defendants to the suit. the lower court granted this application by its order dated 7th october 1935, but it would appear that the amendment was not incorporated in the plaint until the date of the judgment. nevertheless, summonses were taken to the newly added defendants and they pleaded among other things that ..... lessee is not entitled to notice to quit under the general law. it is said that an assignment of a lease operates only as a sub-demise under the indian law and that therefore notice is unnecessary. reliance was placed on the decisions of the judicial committee in ram kinkar v. satyacharan and hunsraj v. bijoy lal seal ..... is a condition precedent to the filing of the suit itself. section 11 runs thus:no suits in ejectment or applications under section 41, presidency small cause courts act, 1882, shall be instituted or presented against a tenant until the expiration of three months next after notice in writing has been given to him requiring him to .....
Tag this Judgment!Court : Chennai
Decided on : Aug-02-1939
Reported in : AIR1940Mad62; (1939)2MLJ686
..... the view the noble lord was taking of the case. there is no doubt that an action would lie on a destroyed bill both at common law and under the indian act. the rule has been stated thus in paragraph 287 of halsbury's laws of england (halsbury's edition):if an alteration (by erasure, interlineation, or otherwise) is made in ..... out of place to mention that an alteration in the date of a bill of exchange has been stated by the corresponding section of the bills of exchange act to be material. although the indian act does not clearly say so yet i do not think that there is any reason to hold that what would be regarded as a material alteration in ..... such a case on the principle embodied in section 65 of the indian contract act.11. section 87 would not therefore in my opinion stand in the plaintiff's way of getting the relief on the original cause of action. the application for amendment, made in this court would have to be determined therefore on the ordinary principles contained in order 6, .....
Tag this Judgment!Court : Chennai
Decided on : Aug-10-1939
Reported in : AIR1940Mad52; (1939)2MLJ658
..... dated 2nd may, 1936. the petition is to revise the order of the district munsif on an application under section 19 of the madras agriculturists: relief act, iv of 1938, praying to amend the decree after scaling down the debt. it is not disputed that the petitioner is an agriculturist entitled to the benefits conferred upon agriculturist debtors by the ..... exclusion or estoppel applicable to all proceedings, whether based on the, negotiable instrument or not. the provisions of the english act do not contain these qualifying words, 'in a suit thereon' which are found in the indian enactment and it does not seem useful to examine the english decisions in order to find put what these words which are ..... found in the indian enactment actually mean. it seems to me that, the words being themselves simple and clear, there ought not to be any difficulty in ascertaining their meaning. the meaning .....
Tag this Judgment!Court : Chennai
Decided on : Aug-18-1939
Reported in : AIR1940Mad140; (1940)1MLJ922
..... entitled to a lien as equity had extended the principle of the vendor's lien to movable property of this description.2. before the amendment of section 17 of the indian registration act there was a conflict of opinion whether a mortgage decree could be regarded as movable or immovable property. in gopal narain v. trimbak ..... addition made to the provisions of section 17 of the indian registration act by section 10 of the transfer of property (amendment) supplementary act, 1929, which came into force on 1st april, 1930. that act added clause (e) to sub-section (1) of section 17 of the registration act. the clause reads as follows:non-testamentary instruments transferring or ..... of clause (e) to the section. he says that there has been no amendment of the definition of immovable property to be found in section 3(25) of the general clauses act and in section 2(6) of the indian registration act and the considerations which weighed with the calcutta and the allahabad high courts still apply .....
Tag this Judgment!Court : Chennai
Decided on : Oct-06-1939
Reported in : AIR1940Mad118; (1940)1MLJ32
..... vi) of schedule ii which is now article 17b of the madras court-fees (amendment) act, 1922. the latter act made extensive amendments in the court-fees act of 1870 in certain other respects. the opinion of white, c.j. and krishnaswami aiyar, j., is not shared by any other indian high court. the calcutta high courthas applied article 17(vi) of schedule ii. ..... that relief should be. not only has a cancellation of the whole of the decree or document been provided for in section 7(iv)(a)(madras amendment) of the court-fees act but the amendment covers cases where a plaintiff wishes to have a part of the decree or other document cancelled. in the presence of this provision, it is impossible ..... properties at rs. 40,000 but has merely stamped his plaint with a court-fee of rs. 100 under article 17b of schedule ii of the court-fees act as amended in madras.2. on the filing of the plaint the subordinate judge called for a statement of the transactions which the plaintiff says are invalid as against the .....
Tag this Judgment!Court : Chennai
Decided on : Nov-03-1939
Reported in : AIR1940Mad127; (1940)1MLJ235
..... no escape from it when the language of section 48 of the code of civil procedure is read in the light of the provisions of article 182 of the indian limitation act. the words used in the first column of that article make it clear that the legislature did not intend to interfere in any way with the limit of time ..... the legislature advisedly omitted that provision for extension from 13. 48; and that the omission was not accidental. in our opinion the effect of the omission is that an amendment of a decree does not give a new date for starting a period of limitation, if the application for execution is beyond the period of twelve years allowed by section ..... time-barred.7. the question under consideration has been the subject of decisions by the bombay, allahabad, lahore and patna high courts and they have all agreed that an amendment of a decree to bring it in accordance with the judgment does not have the effect of starting a fresh period of limitation. (see narsingrao konher inamdar v. bando .....
Tag this Judgment!Court : Chennai
Decided on : Dec-05-1939
Reported in : (1941)2MLJ175
..... hearing unless there are special reasons for expediting it, but the court for proper reasons shown will expedite the hearing and as the statement that schemes settled or amended by the court are ineffective is not supported by reasons and is contrary to my experience of many years, i am not prepared to accept it. a ..... temple servants have complained that they are kept waiting longer than in other institutions. in the neighbouring estate of sivaganga, which is administered by a member of the indian civil service and where there are larger resources, servants are not paid regularly. when the petitioner took over charge of the temples the salaries were nine months in ..... supervision. the control is shared by the board of supervision and the court. the act contemplates superintendence and control by the board. the first reason therefore is held to be proved. what is argued, however, is that a suit might be filed for the amendment of the scheme. but, as has been pointed out, the said remedy is .....
Tag this Judgment!Court : Chennai
Decided on : Dec-05-1939
Reported in : AIR1941Mad878
..... hearing unless there are special reasons for expediting it, but the court for proper reasons shown will expedite the hearing and as the statement that schemes settled or amended by the court are ineffective is not supported by reasons and is contrary to my experience of many years. i am not prepared to accept it. a ..... temple servants have complained that they are kept waiting longer than in other institutions. in the neighbouring estate of sivaganga, which is administered by a member of the indian civil service and where there are larger resources, servants are not paid regularly. when the petitioner took over charge of the temples the salaries were nine months in ..... supervision. the control is shared by the board of supervision and the court. the act contemplates superintendence and control by the board. the first reason therefore is held to be proved. what is argued, however, is that a suit might be filed for the amendment of the scheme. but, as has been pointed out, the said remedy is .....
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