Court : Chennai
Decided on : Jan-05-1967
Reported in : (1968)1MLJ139
..... covenant to pay. a decision of the allahabad high court in bisnan datt singh v. mathur prasad : air1939all260 , is referred to as authority. the learned subordinate judge states that counsel for the plaintiff during the arguments represented that he was not pressing his client's case under the personal covenant, as the plaintiff's claim under ..... exhibit a-2 dated 21st december, 1942, the principal amount was payable on or before 21st december, 1945. the plaintiff who under article 132 of the limitation act, 1908 had 12 years to bring the suit for sale from when the mortgage money became due, relied upon the acknowledgment of the mortgages under the registered sale ..... simple and a usufructuary mortgage and the mortgagee was entitled to a decree for the mortgage money under clause (a) of section 68 of the transfer of property act. clearly under the terms of the mortgage now under consideration the covenant to pay is more pronounced. there is not even an option as in the aforesaid case .....
Tag this Judgment!Court : Chennai
Decided on : Jan-18-1967
Reported in : (1967)2MLJ503
..... the attempt to murder and of murder the accused other than the appellants were charged with constructive liability by reason of section 149, indian penal code. the learned sessions judge, however, found that there was no unlawful assembly, and that, except for the first three accused who are the appellants here, the charges were rot proved as against ..... section 34 requires evidence of a particular common intention. in certain cases where section 149 is employed, it may well be that the common intention to commit a particular act in the course of the incident may not be established. but before section 34 can be used, such a common intention must necessarily be made out. that the ..... , in so far as the conviction is under section 34, we have to discover what the common intention was, for, if it should so happen that the act by one of the accused has exceeded that common intention or has been different from that common intention the other accused cannot possibly be made liable under section 34 .....
Tag this Judgment!Court : Chennai
Decided on : Feb-02-1967
Reported in : (1969)1MLJ281
..... contravention, the director of enforcement shall hold an enquiry in the prescribed manner after giving that person a reasonable opportunity of being heard and if on such inquiry, he is satisfied that the person has committed the contravention, he may impose such penalty as he thinks fit in accordance with the provisions of the said ..... (1957)illj472sc , (vi) public passenger service ltd. v. m. a. khadar : [1966]1scr683 , (vii) abdul shakoor v. r.c. & e. officer : air1959all440 , 452; where the learned judge has quoted the dicta of wilmot, c.j. in collins v. blantern 95 e.r. 847, to the effect. ' no polluted hand shall touch the pure fountains of justice.' (viii ..... matter has affected the orders of the director, or the orders themselves indicate a bias in consequence of such intrusion; (hi) whether the relevant sections of the act would justify the imposition of penalties upon a firm as a legal person; and (iv) whether the existence of alternative remedies, under the statute itself, would .....
Tag this Judgment!Court : Chennai
Decided on : Feb-07-1967
Reported in : (1967)2MLJ450
..... and honesty. that has been lacking in this case and the chartered accountant was found wanting in frankness and candour. he appears to have gone into the inquiry on his own without taking any advice or had been ill-advised. but there is one factor to be considered in his favour, that apart from this ..... the members of the profession is the best judge to determine what the conduct and standard of its member should 'be. the council has now expressed its view that the impugned conduct amounts to professional misconduct ..... the conduct of any member of the institute under any other circumstances.5. the definition of professional misconduct under section 22 is not an exhaustive definition and acts of omission and commission specified in the checked are only illustrative. primarily the professional body charged with the task of maintaining the standards and discipline of .....
Tag this Judgment!Court : Chennai
Decided on : Mar-31-1967
Reported in : (1967)2MLJ317
..... of any institution included in the list published under section 46 having a hereditary trustee or trustees, the commissioner after notice to such trustee or trustees and after such inquiry as he deems adequate, considers for reasons to be recorded, that the affairs of the institution are not, and are not likely to be properly managed by ..... commissioner, hindu religious and charitable endowments appointed one radhakrishna naidu as the trustee for a period of 5 years in pursuance of the scheme, read with section 47 of act xxii of 1959. on 6th october, 1960 another non-hereditary trustee was appointed under the same provisions. on 29th june, 1965 the assistant commissioner issued a notice ..... 2. in l933 the board of commissioners for hindu religious endowments filed the suit, o.s. no. 7 of 1933 in the court of the district judge of east thanjavur, nagapattinam, for modifying the schemes already framed in respect of the suit temples against the petitioner's father and three others on the ground .....
Tag this Judgment!Court : Chennai
Decided on : Apr-27-1967
Reported in : (1968)2MLJ164
..... the court had no further jurisdiction in the matter to extend the time and grant a further final decree.4. the learned subordinate judge examined the provisions of the code and the old court-fees act and having regard to the decisions placed before him granted a final decree for the amount claimed against the state, directing the ..... plaintiff to pay the necessary court-fee on the amount decreed before executing the decree. the learned subordinate judge took the view that in view of the ..... revived, when the plaintiff could secure the necessary court-fee. as stated earlier the order was not called for then. but i cannot say that the learned subordinate judge intended to pass a final order debarring the plaintiff thereafter from claiming the mesne profits, which had rightfully been found to be due to him. the summary manner .....
Tag this Judgment!Court : Chennai
Decided on : Apr-28-1967
Reported in : (1969)1MLJ537
..... if the sale was necessary to discharge the debt, and the purchaser pays a fair price for the property sold, and acts in good faith and after due inquiry as to the necessity for the sale, the mere fact that part of the price is not proved to have been applied ..... has authority to raise money not only for the payment of debt, but also for the purpose of carrying on the business. the learned judges of the high court were of opinion that, as in this case the business had recently resulted in loss, the managing member was not ..... hard cash was needed by the family. and as regards inadequacy for price, as held by the learned district judge, the plaintiff has not been able to show that the consideration for any of the sales was unreasonably low. the learned district ..... judge who has confirmed the decision of the trial court has addressed himself to the questions that came up for consideration .....
Tag this Judgment!Court : Chennai
Decided on : Jul-07-1967
Reported in : AIR1968Mad383; (1968)1MLJ437
..... a usufructuary mortgagee, there was nothing further that a prospective purchaser of the property need have enquired about. this argument was rejected in unambiguous terms. the learned judge has referred to all the leading decisions and in particular had extracted the following statement of the law in barnhart v. greenshields, (1853) 14 er 204 at ..... price, the defendants cannot resist the claim for specific performance. (vide observations at page 451 of the above decision). section 27(b) of the specific relief act is only the statutory provision of the principles enunciated in the decisions in england to which reference has been made in this bench decision of the bombay high ..... if he subsequently alienates the property he can alienate it only subject to the rights created under the prior agreement of sale. s. 27 of the specific relief act is in these terms:--"27. except as otherwise provided by this chapter, specific performance of a contract may be enforced against-(a) either party thereto: (b .....
Tag this Judgment!Court : Chennai
Decided on : Jul-07-1967
Reported in : (1968)2MLJ383
..... officials to ensure the bona fides of the receipts subsequently produced by the contractor engaged in transporting them. an assurance was given before the learned judge by the additional government pleader, that the department would take steps to issue permits without unnecessary dealy in future. learned counsel appearing for the petitioner ..... therefore they were heard together. the petitioners in these writ petitions seek for relief against the operation of the madras preservation of private forests act, 1949 (madras act (xxvii of 1949), which has been extended to certain well-known jagirs on the kalriyan hills, known as jadaya goundar jagir and kurumba goundar ..... prevention involves an interference with the customary rights of the petitioner as well as the inhabitants of the hills. the very purpose for which the act was passed, includes the preservation of customary and prescriptive rights in private forests, besides the prevention of indiscriminate destruction of private forests. it is .....
Tag this Judgment!Court : Chennai
Decided on : Jul-12-1967
Reported in : (1969)1MLJ173
..... properties as well as outstandings belonging to kannammal and that the defendants would be entitled to enjoy the properties without any objection whatsoever and with all rights. the learned judges held that the effect of the deed was to operate as a transfer of whatever rights the plaintiff had to the defendants. in t. mammo v. ramunni ..... 66 forbids only such a suit against a certified purchaser or those claiming under him. as a matter of fact, according to the finding of the learned subordinate judge, which is binding on me, ramasesha iyer's heirs acknowledged the fact that the purchase was benami on behalf of chengalvaraya iyer. there is nothing in section ..... a bar. the learned judges relied on the privy council decision in mst. buhuns kowar v. behoree lall (1870) 14 m.i.a. 496, and observed:it is obvious, therefore, that when after obtaining certificate of sale, the purchaser acknowledges that his purchase is benami and gives up possession, or does some act which unequivocally indicates an .....
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