Court : Chennai
Decided on : Jan-25-1937
Reported in : AIR1937Mad681; 173Ind.Cas.233
..... called for a revised finding in regard to the transfer of the mortgage and the alleged payment of the balance of consideration as pleaded by the defendant. the learned district judge has now returned a finding that the balance of consideration was not paid as contended by the defendant. this being a finding of fact it cannot be challenged in second ..... came to the conclusion that the balance of the consideration was paid by the defendant as contended. therefore he dismissed the plaintiff's suit. on appeal the learned district judge did not give a definite finding as regards the transfer of the mortgage and was of the opinion that the transfer should not be held as equivalent to rs. 1 ..... of 1930 and 159 and 212 of 1931. it will be seen on a reference to the facts of the case that the amount was expressly deposited as security 'for acting in all things under the karar' in that suit and it was expressly stipulated that 'the whole of the deposit or the portion that may be necessary therefor be .....
Tag this Judgment!Court : Chennai
Decided on : Jan-29-1937
Reported in : AIR1937Mad699; (1937)2MLJ209
..... a minor daughter of the defendant who lived with her, but she was not made a party to the suit. the learned judges pointed out that although it is not correct to say that the existence of a nearer female heir can always be ignored by ..... the nearest reversioners to sue where the actual nearest reversioner is a minor. in that decision it was pointed out by the learned judges:indeed, so far as we are aware, there is nothing to prevent the minor suing through a next friend at this stage. ..... in a case like the present, the succession opens to the heirs of the last male holder after the passing of the act and is therefore governed by its provisions.[this appeal and memorandum of objections came on for final hearing before madhavan nair and stodart ..... contended that the plaintiffs ceased to be the nearest reversioners as soon as act ii of 1929 came into force and that they had no locus standi to maintain the suit. the learned judges held that there was no legal bar to the maintainability of the suit .....
Tag this Judgment!Court : Chennai
Decided on : Feb-05-1937
Reported in : AIR1937Mad918; 173Ind.Cas.659
..... to ascertain it. in gorachand haldar v. prafulla kumar roy : air1925cal907 , no doubt walmsley, j. who delivered the leading judgment used the word 'apparently' and the learned judges in amalabala dasi v. sarat kumari dasi : air1932cal380 , explained it as meaning 'on the face of, but it is not possible to understand why such a distinction should be ..... this was confirmed by the privy council in jnanendra mohan v. rabindranath , where their lordships of the judicial committee make the following observations at page 674:the act (the indian arbitration act) does not contain any provision for making a decree on an award such as is contained in schedule 2, para. 21, civil p.c. such a ..... has been since followed in the calcutta high court. in rabindranath v. jnanendra mohan : air1932cal9 a decree was passed on an award made under the indian arbitration act and it was sought to be executed. objection was taken that no such decree could be passed and therefore it was a nullity. it was held that the .....
Tag this Judgment!Court : Chennai
Decided on : Feb-11-1937
Reported in : AIR1938Mad215
..... and section 47 be read together, then if the decree-holder seeks to make the surety liable, it is open to the surety to raise objections to executability, and the inquiry of the court into the question raised between the decree-holder and the surety is one under section 47 and is therefore appeal able. section 145 in terms applies only ..... the c.r.p. against the order of the district munsif. the only question that has been argued in the appeal against appellate order is whether the learned judge was right in holding that no appeal lay. the security bond runs thus :so, is accordance with the said order, i have this day deposited (the amount) in this court ..... out of the said security amount. if the plaintiff's suit is dismissed, and if defendants 1 and 2 should properly render accounts till the disposal of the suit and act justly, i alone shall receive the said amount with interest after this security bond having been cancelled.2. it is argued on behalf of the respondent that the appellant was .....
Tag this Judgment!Court : Chennai
Decided on : Mar-18-1937
Reported in : AIR1937Mad634; (1937)1MLJ743
..... this appeal will be allowed, and for the conviction under section 326 there will instead be a conviction under section 302. many of the observations of the learned sessions judge are distinctly relevant on the question of sentence. this. offence was committed without any long premeditation and certainly in a rage, and we do not consider that the ..... decision as to whether the intention and knowledge referred to in section 300, indian penal code, can be attributed to the accused. with great respect to the learned judges in the bombay case to which we have referred, we think that it is a somewhat perilous course instead to call in aid the somewhat nebulous considerations which influence ..... that the public prosecutor 'very fairly admitted this'. the judge goes on to say that it is not clear from the evidence that there was any deliberate aim at the head:it was not a premeditated act. it is a case of total absence of motive of any kind whatsoever. it was in a sudden fit of temper, infuriated .....
Tag this Judgment!Court : Chennai
Decided on : Mar-18-1937
Reported in : AIR1937Mad672; 172Ind.Cas.136
..... high court, after perusal or the records, considers that the proceedings of a subordinate court shall be revised under section 15 of the act, the registrar shall set the case down for hearing by a bench of three judges, and shall give reasonable notice to the pleader and to the person (if any) on whose complaint proceedings were instituted, of the ..... we find therein that even if proceedings of a subordinate court are to be revised under section 15 of the act, the next step is for the registrar to set the case down for hearing by a bench of three judges and to give a reasonable notice to the pleader and to the complainant of the day on which the report ..... of the certificate if he desires to continue to practice, shall subject to any rules consistent with this act which may, from time to time, be made, by the high court in this behalf be entitled to have his certificate renewed by the judge of the district court within the local limits of whose jurisdiction he then ordinarily practises, or by .....
Tag this Judgment!Court : Chennai
Decided on : Mar-19-1937
Reported in : AIR1938Mad8; (1937)2MLJ606
..... respect of which mesne profits were claimed by them prior and subsequent to suit would have been much greater, and that the court, in order to avoid an inquiry preferred to adopt the earlier figures on the understanding however that details of disbursements made by the defendants during the period of their possession need not be taken ..... to the first defendant, the court may reasonably hesitate to believe that the new tenant got peaceful possession. it is apparently on this assumption that the learned subordinate judge observed in paragraph 26 of his judgment that it was difficult to believe that the old tenant gave up possession of these items to bapiraju. but the evidence ..... the plea of limitation, we are not satisfied that the lower court was justified in dealing with the case as one governed by article 142 of the limitation act. the allegations in the plaint as well as the evidence tendered during the course of the trial establish that all the suit properties were in the possession of .....
Tag this Judgment!Court : Chennai
Decided on : Mar-30-1937
Reported in : 174Ind.Cas.166
..... instituted only in october 1928. during all this period there was never any complaint about the exceeding of the budget allotment in respect of this festival. the learned district judge, while saying that it is not necessary to go into details, has nevertheless permitted himself to observe that:the huge sums spent on fireworks, public feeding and such ..... same to make good the excess to the succeeding trustee. he did not consider the question whether in these circumstances there was not a ratification of the appellant's act by the committee. the appeal must, therefore, be allowed and the decree passed against the appellant set aside with costs in this court and in the courts ..... the fact that he had exceeded his authority by spending more than what was sanctioned and the principal acquiesces in it and takes no action whatever against him, his act must be deemed to have been ratified by the principal. in this connection reference may be made to ramaswami chetty v. karuapan chetty 29 m.l.j. 551 .....
Tag this Judgment!Court : Chennai
Decided on : Apr-06-1937
Reported in : AIR1937Mad735; 173Ind.Cas.251; (1937)2MLJ189
..... amount to removal or dismissal within the meaning of this rule. rule 55 of the civil service rules is as follows:without prejudice to the provisions of the public servants inquiries act, 1850, no order of dismissal, removal or reduction shall be passed on a member of a service (other than an order based on facts which have led to his ..... reasonable time to put in a written statement of his defence and to state whether he desires to be heard in person. here follow some words which the learned trial judge considers have a very material bearing upon the question, namely:if he so desires or if the authority concerned so direct, an oral enquiry shall be held.5. gentle, ..... the facts or all the relevant rules of the civil services (classification, control and appeal) rules because they have been fully set out in the judgment of the learned trial judge; i will only refer to those which are absolutely necessary for the disposal of the questions before us.4. with regard to ground (a) section 96-b (1) of .....
Tag this Judgment!Court : Chennai
Decided on : Apr-19-1937
Reported in : AIR1938Mad283
..... code of civil procedure.3. this view was followed in a case reported in gnanasambanda pandara sannadhi v. david nadar (1904) m.l.j. 433 where the learned judges held that where a court awarded possession under section 40 to a purchaser at a revenue auction, restitution could be ordered on the sale being set aside. see also sambasiva ..... soon after took possession of the estate in pursuance thereof and has been in possession of the village in her own right as the real purchaser. the learned district judge directed an enquiry into the matter. it is against this order this civil revision petition has been filed.2. the contention of mr. v.t. rangaswami ayyangar on ..... similar view was taken by venkatasubba rao j. in seshasayee v. govinda pillai (1935) 22 a.i.r. mad 612 where the learned judge observed thus:the applications mentioned in section 78 must; under the act be to a district court and there ib therefore no reason to hold that they are not proceedings in a court of civil jurisdiction within .....
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