Court : Chennai
Reported in : (1892)ILR15Mad268
..... and this view is strengthened by the use of the word 'misrepresentation,' which is not necessarily fraudulent misrepresentation. the framers of the indian act must have considered the english decisions prior to the northern counties of england fire insurance company v. whipp l.r. 26 ch. d. 482 and if they had wished to limit the application of the words ' ..... it may be noted that such was the view of the law taken by the madras high court before the passing of the transfer of property act in somasundra tambiran v. sakkarai pattan 4 m.h.c.r. 369 in that case, after quoting some sudder court decisions on the subject and commenting on the english cases and in ..... we think the learned judge was amply justified in rejecting it as incredible.2. the case is therefore one of a first mortgagee, who allows the title-deeds, nearly 4 years after his mortgage, to be in the possession of the mortgagor and gives no reasonable explanation of their being so in her possession, and the question is whether .....
Tag this Judgment!Court : Chennai
Reported in : (1895)ILR18Mad88
..... appeal. no reference is made by any of the lords justices to the doctrine of salvage. in a later case where the question related to a policy of life insurance and the claim was made in respect of a premium paid by the mortgagor, the court of appeal distinctly held that the doctrine of salvage, as understood with reference ..... little doubt that the statement of the law is derived from the notes to lampleigh v. brathwait and perhaps indirectly from the roman law (see stokes' introduction to contract act). the learned authors of smith's leading cases, when enumerating the instances in which the request necessary to constitute a cause of action in the case of an executed ..... not found that such implication ought to be made. according to the english authorities it would seem, therefore, that the action must fail.4. but the plaintiff's counsel relies on section 70 of the contract act and invites us to hold that a rule of law, differing from that found in the english cases, has been there laid down. .....
Tag this Judgment!Court : Chennai
Reported in : (1895)ILR18Mad24
..... taken during the lifetime of a discharged insolvent that it may be made available for the scheduled creditors when a judgment is entered up under section 86 of the insolvency act. see barton v. tattersall russ. & mylne 241; ward v. painter 5 mylne & craig 299 accordingly, if there is a second insolvency, property acquired by the debtor before the date of ..... shephard, j.1. the facts giving rise to this application are as follows: among the assets of the insolvent was a policy of insurance on his own life for rs. 2,500, which was sold by the official assignee and realized rs. 180. shortly after the sale the insolvent, who had obtained his personal ..... .r. 11 ch. d. 48 as compared with that case the present is an a fortiori case, as the provision there discussed (section 9 of the act 5 & 6, vic, c. 116) is not to be found in the indian act.4. in my opinion the administrator-general is entitled to take possession o and administer the moneys arising from the policy of .....
Tag this Judgment!Court : Chennai
Reported in : (1896)ILR19Mad200
..... parte hargrove & co. l.r. 10 ch. app. 545, sir george jessel, m.r., says: 'as i understand the decision in the case of the london marine insurance association l.r. 8 eq. 176 (which followed other cases), where the application is to strike out a debt or to obtain an order for a call or anything which ..... the present case it is unquestionable that the mortgagees as well as the mortgagor as members of the association must be taken to have known the provisions of section 4 of the act x of 1866, making the registration of such associations compulsory and rendering unregistered associations illegal. barrow's case l.r. 14 ch. d. 441 is another ..... made. the object is to lend money at intervals upon successive contracts, therefore the thornhill arms society carries on a 'business.' a society is not within section 4 of the companies act, 1862, unless its business has for its object the ' acquisition of gain.' but thornhill arms society lends money at interest; therefore it is an association carrying .....
Tag this Judgment!Court : Chennai
Reported in : (1896)ILR19Mad80
..... any title at all.3. the first question is as to whether the suit is or is not barred. the courts below have held that article 120 of the limitation act applies to the case since they have not been able to see that the suit falls under any other article. we agree with them that article 291 does not apply ..... for which a limitation of two years is generally provided. see the judgment of farran, j. in essoo bhayaji v. the s.s. savitri i.l.r. 11 bom. 133.4. it appears to us, however, from the observations of the learned judge in that case that he would have classed a suit of this description under article 49 and not .....
Tag this Judgment!Court : Chennai
Reported in : (1898)ILR21Mad78
..... code was to facilitate the transaction of public business by affording protection in two ways to public servants acting in the exercise of their duty. they are protected from criminal proceedings by sections 78 and 79. they are insured against resistance by section 99 and other sections of the code. the intention was to give protection of ..... faith on the part of the attaching officer being presumed, would reduce section 183 to a dead letter. the decided cases support the view which i have adopted.4. the acquittal must be set aside and the case disposed of according to law.subramania ayyar, j.5. a decree was passed against the sons (minors) of ..... justifiable by law ' cannot affect the lawfulness of his authority. and the chief reasons for this view are that the likelihood of serious injury resulting from such acts (excepting those tending to cause apprehension of death or grievous hurt) of persons clothed with public authority and subject to public responsibility is so small that the parties .....
Tag this Judgment!Court : Chennai
Reported in : (1897)ILR20Mad449
..... stands on a different footing from the present case. there the sub-collector, finding that the formalities required by the act had not been observed, removed the attachment and directed the restoration of the property. the cause of action was the ..... .l.r. 2 mad. 42 in support of his decision. he, therefore, held that the special limitation in section 78 of act viii of 1865 did not apply, but that the case was governed by article 49, ___________________________________________________________________________________________________________________________________________________ artiicle 49: ___________________________________________________________________________________________________________________________________________________ description of suit ..... to recover money paid, or to obtain damages in respect of anything professedly done under the authority of this act:provided that civil courts shall not take cognizance of any suit instituted by such parties for any such cause of .....
Tag this Judgment!Court : Chennai
Reported in : (1897)ILR20Mad339
..... of that section; but since those cases were decided, the provisions of the code of criminal procedure upon the point under consideration have been altered and enlarged. section 468 of act x of 1872 provided that ' a complaint of an offence against public justice ' described in certain sections of the indian penal code, 'when stick offence is committed before or ..... courts except with the sanction of the court before or against which the offence was committed, or of some other court to which such court is subordinate.' section 195 of act x of 1882 provides that ' no court shall take congizance of any offence punishable under 'the same sections when such offence is committed in, or in relation to, any ..... decision in abdul khadar v. meera saheb i.l.r. 15 mad. 224 to follow the decision in zamindar of sivagiri v. the queen i.l.r. mad. 29 .4. the report in abdul khadar v. meera saheb i.l.r. 15 mad. 224 is very brief and imperfect, but there the sanction was revoked, because the document had not .....
Tag this Judgment!Court : Chennai
Reported in : (1898)8MLJ117
..... cowle, and it is usual for the holder of the cowle to settle with the jenmi at the same time when he receives the cowle from government. the cowle merely insures a favorable assessment of the government dues on cultivation. should the holder of the cowle fail to settle with the jenmi, he may be evicted. should he, however, be left ..... understood in the light of the facts and arguments in that case, and when so understood, it has no reference to the present case. there the question was, whether certain acts were evidence of an ownership, or merely of an easement in the present case there is no question of easement at all. moreover, there is nothing in exhibits 18 or ..... . a. no. 785 of 1894, unreported), unless, as already stated, koru's possession, was that of a tenant under the oral letting alleged by the plaintiff.4. we must, therefore, ask the subordinate judge to return a finding on this issue, on the evidence on record, within six weeks of the date of receipt of this order. .....
Tag this Judgment!Court : Chennai
Reported in : (1898)8MLJ219
..... 1847.lord denman, c. j., coleridge and wightman, j.j.3. dealt with the case on the assumption that the covenant might be construed as a covenant to insure within a reasonable time only after the execution of the deed. they did not, however, express any decided opinion on the question whether that assumption was correct. but ..... must bear in mind the circumstances under which such documents are executed.5. their purpose is to satisfy the requirements of the rent recovery act (madras act, viii of 1865). section 4 of that act evidently contemplates that they shall be exchanged at the beginning of each fasli or revenue year, but as a matter of convenience and of practice ..... performance at the instance of the lessee, executed on the 12th january 1847 bearing date as of the 29th september 1845, contained a covenant to insure the demised premises, and keep them insured during the term, and a power of re-entry on breach. the landlord brought an action in ejectment and proved that the premises were .....
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