Court : Chennai
Reported in : (1882)ILR5Mad173
..... as stated by ashhurst, j. in hotham v. the east india company. what was the intention of the parties?11. the judgment in braunstein v. the accidental death insurance company proceeded upon the ground that in that particular case it could not have been the intention of the parties to leave it to the, arbitrary discretion of the directors ..... a duty; into a dominant: will as between themselves regarding some matter in which they are interested. in dealing with this subject, it is important to distinguish between the act of constituting the concurrent -into the dominant will and the contents of that will. referring to it an eminent german jurist (windscheid's pandecten law, section 93) says that ..... doth on his and their part agree to pay or cause to be paid for all such approved timber as shall be supplied by the contractor, &c.;, &c.;4. the timber tendered was not approved by colonel kerrich, and if this clause is to be construed strictly plaintiff must fail as to his claim to damages.5. the .....
Tag this Judgment!Court : Chennai
Reported in : (1882)ILR5Mad208
..... appellant's pleader were decided in reference to the terms of the english carriers' act, 11 geo. iv and 1 will. iv, c. 68. the provisions of that act are, with some variation, reproduced in the indian carriers' act iii of 1865, but it is expressly declared in the indian carriers' act that nothing therein contained shall affect the provisions of sections 9,2 10 and ..... not loss or injury occasioned by the gross negligence or criminal acts of the company's servants. it also held that, inasmuch as the appellant had informed the clerk of the nature of the contents of the box, it was the duty of the clerk to demand the extra charge for insurance, and that consequently the non-acceptance of such charge would .....
Tag this Judgment!Court : Chennai
Reported in : (1882)ILR5Mad26
..... arms is granted, and that the conviction of the sixth accused is illegal, inasmuch as the collector's sanction for the prosecution was not obtained under section 294 of act xi of 1878.3. the high court, concurring with the district magistrate, quashes the conviction against the second, third and fourth accused, and directs that the fines ..... wild animals, they went armed for purposes of sport, and the sixth accused under the same section for being in possession of arms contrary to section 143 of act xi of 1878.2. the district magistrate submits that the second, third, and fourth accused were authorized to drive a jungle for bison, inasmuch as bison are ..... or under his control any cannon or fire arms, or any ammunition or military stores except under a license and in the manner and to the extent permitted thereby.]4 sanction required to certain proceedings under section 19 clause (f).[section 29: where an offence punishable under section nineteen, clause (f), has been committed within three .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR6Mad361
..... the said decision produced in the courts of judicature shall regulate the judgment of such courts. this power was not taken away either by regulation vii of 1817 or act xx of 1863.4. it was delegated to the inam commissioner who, after inquiry, issued title-deeds on behalf of the governor in council prescribing the condition subject to which the ..... to cancel this order of government as contrary to law. the subordinate judge decreed the claim, and observed that the board of revenue had no right to interfere under act xx of 1863, that a grant for the support of dwadasi katlai was a grant made for a purely religious purpose, and that the title-deed issued by the ..... commissioner, the inam right was properly resumed. having regard to the nature of the inam in litigation, it is not of the description of inams mentioned either in regulation iv or vi of 1831, and it seems to us that the civil courts are competent to entertain the suit and decide whether the resumption is contrary to the terms of .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR6Mad406
..... with costs.kindersley, j.21. the late mahalingam pillaihada contract with government for the abkari farm of dindigal. he fell into arrears and a sum of rs. 4,875 was found due which he was unable to pay. the sub-collector refused to continue the contract with him unless he should provide security for the due ..... pursuance of this arrangement, the respondent, a sub-renter, was accepted as surety and executed jointly with mahalingam pillai the bond on which this suit has been brought.4. the bond recited the arrangement made respecting the security, but made no mention of the debt which had been incurred by mahalingam pillai in consequence of the resale ..... 5 bing. 142 illustrates the rule enacted in section 1422 of the contract act that a guarantee is vitiated by the misrepresentation of a material part of the transaction.16. in the north british insurance company v. lloyd 10 ex. 523 the distinction between contracts of insurance and contracts of guarantee is noticed. in hamilton v. watson 12 c. .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad436
..... in the calcutta case above cited, these provisions of law ought not to be worked solely or principally for the purpose of vexation, but for the purpose of insuring that information be not intentionally withheld by those whose position renders them liable to give it: and that 'it is not reasonable that every person' other than ..... no such intendment will be made.' 'the maxim in fact applies only to regularity in form, and will not supersede the necessity of furnishing proof that a material act was performed where that act goes to the basis of a justification.' kamakshi bhayi v. east india company. (madras supreme court, 1854 (norton's law of evidence, ed. v., ..... the petitioner that it was not proved that vellayan was a proclaimed offender within the meaning of the words used in the section of the criminal procedure code above quoted.4. both the magistrate in the first instance and the session judge on appeal have held that vellayan was a proclaimed offender, because it was proved that property .....
Tag this Judgment!Court : Chennai
Reported in : (1891)ILR14Mad103
..... question, whether the opinion of a majority of dikshadars present at a general meeting ought to bind the minority or whether all the dikshadars should concur, before any valid act could be done in connection with the temple, was then brought into controversy. despite the remonstrance of the minority, the chetty and the majority of dikshadars carried out the ..... applicable to this suit, the contention in the court below was that the temple was not an institution falling either under section 3 or 4 of that enactment, but the judge held that the act took the place of regulation vii of 1817 and that the temple in dispute being endowed both with land and jewels, the trustees were ..... cannot, therefore, be supported. it is true that the judge has found that appellants nos. 2 to 4 closed the temple and that appellants nos. 1 and 5 improperly obtained exhibit vi, but he has also found that both those acts were done on behalf of the minor faction and in furtherance of its common object, viz., that of .....
Tag this Judgment!Court : Chennai
Reported in : (1891)ILR14Mad441
..... imposed by statute and a special remedy for enforcing it was prescribed by the same statute. it was, however, observed that the object of act viii of 1865 in requiring the exchange of patta and muchalka was to insure the existence of evidence of the terms of the holding, and as a landlord could, on a proper occasion arising, certainly maintain a ..... to do that which will enable the landlord to conform to the law, unless such right of action is taken away by the other provisions of the law.4. again section 7 of act viii of 1865, which was held to be of general application by a full bench in gopalasawmy mudelly v. mukkee gapalier 7 m.h.c.r. 312, constitutes ..... pass a declaratory decree.shephard, j.18. the questions raised by this reference turn on the construction to be placed on the act viii of 1865 and the regulations superseded by that act. by sections 3 and 4 of the act of 1865 the duty is imposed on the zamindar on the one hand and the tenant on the other of exchanging written engagements .....
Tag this Judgment!Court : Chennai
Reported in : (1896)6MLJ684
..... it was prescribed by the same statute. it was, however, observed that the object of act viii of 1865 in requiring the exchange of patta and muchilika was to insure the existence of evidence of the terms of the holding, and as a landlord could, on ..... v of 1822 summary jurisdiction was conferred upon collectors without taking away the jurisdiction exercised by the zillah courts, and seeing also that act viii of 1865 purports to consolidate and improve the preexisting rent law, the inference is that the word ' summary ' negatives an ..... questions raised by this reference turn on the construction to be placed on the act viii of 1865 and the regulations superseded by that act. by sections 3 and 4 of the act of 1865, the duty is imposed on the zamindar on the one hand and ..... to conform to the law, unless such right of action is taken away by the other provisions of the law.4. again section 7 of act viii of 1865, which was held to be of general application by a full bench in gopalswamy mudelly v. mukkee .....
Tag this Judgment!Court : Chennai
Reported in : (1892)2MLJ95
..... neglect as is evidence of fraud or complicity in fraud. no doubt the tendency of the english decisions and especially since the case of the northern counties of england fire insurance company v. whipp l. r 26 ch. d 482, where the previous cases were classified and summarised, has been to refuse to postpone the owner of the prior ..... mortgage.3. it may be noted that this was the view of the law taken by the madras high court before the passing of the transfer of property act in the case reported in 4 m. h. c. r 369, somasundara tam-biran v. sakharai pattern in that case, after quoting some sudder court decisions on the subject, and commenting ..... ground of gross negligence unaccompanied by any element of fraud. we are not prepared however to hold that the words 'gross neglect' in section 78 of the transfer of property act must necessarily be read by the light of the english decisions. on the contrary the language of the section, 'where through the fraud, misrepresentation, or gross neglect, &c.;' .....
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