Court : Chennai
Reported in : (1935)68MLJ1
..... this latter objection is certainly true, but i am not sure whether having regard to the duty laid upon the judge by section 298, criminal procedure code, it is a very valid one. that duty, it must be remembered, is absolute, not contingent upon the issue being raised by the parties. how, for instance, would the matter stand in ..... the attention of the jury to the question, whether in the circumstances of the case the jury would draw a presumption under section 114 of the indian evidence act as to the continued possession of the articles by the deceased down to the date her death, requires further consideration, (and in my judgment, the facts and ..... . 746. in this case the appellant, while being examined on his own behalf, gave evidence inadmissible in law under section 1, clause (f) of the criminal evidence act, 1898, during the course of his cross-examination. after some portion of the evidence was elicited, the appellant's counsel interposed with the objection that the cross-examination was .....
Tag this Judgment!Court : Chennai
Reported in : AIR1935Mad528; 158Ind.Cas.662
..... this latter objection is certainly true, but i am not sure whether, having regard to the duty laid upon the judge by section 298, criminal procedure code, it is a very valid one. that duty, it must be remembered, is absolute, not contingent upon the issue being raised by the parties. how, for instance, would the matter stand in the ..... chief justice not directing the attention of the jury to the question, whether in the circumstances of the case the jury would draw a presumption under section 114, evidence act, as to the continued possession of the articles by the deceased down to the date of her death, requires further consideration (and, in my judgment, the facts ..... enacted to define the powers of the advocate-general in connection with criminal trials before this high court, the general provision in section 114(2), government of india act, cannot be read as giving him wider powers in the same matters. this question must, therefore, be considered only in relation to the terms of article 26 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1935Mad967
..... right had been established. this latter circumstance affords, we think, another and a different ground for declining to accept the contention that the subsequent occurrences created a valid cause of action.15. at the time that these later processions were attempted, the magistrate's order was in force, and the nadars had no right to ..... this second appeal is, whether in the circumstances mentioned above the plaintiffs' suit is barred by limitation under article 120, lim. act. this point was decided against the plaintiffs-appellants by the lower courts; if their cause of action started on the date of the order passed by the joint ..... their right and for a perpetual injunction to restrain the defendants from objecting to the exercise of the right, is barred by limitation under article 120, lim. act. the appellants were not parties to those orders, nor are they representatives of the persons who were parties to them. the short question for determination in .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad256; 163Ind.Cas.195
..... one of the mortgaged houses had been previously made by the court for the payment of a prior mortgage created by the testator. but this sanction cannot be regarded as validating the subsequent mortgage created by the executors, because assuming that the order could be treated as made under section 307, the section requires that the disposal of property by ..... avoid the mortgage. i think he is. a creditor has a right of priority of payment of his debt over the payment of legacies; and section 361, indian succession act, gives an unpaid creditor the right to call upon a legatee to refund the legacy paid to him by the executor. it may be observed that section 361 embodies the ..... creditor. further it contains a covenant to pay the amount due and to redeem the mortgaged deeds. the document is on stamped paper, as is required by the stamp act in the case of a document relating to a deposit of title-deeds. and it appears that the execution of the promissory note, the deposit of title-deeds and the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad205; (1936)70MLJ162
..... it subject to the liability of discharging the particular decree debt. though their lordships speak of the proceedings having constituted in favour of the decree-holder 'a valid charge upon the land', courts in india and even the judicial committee in later cases have hithertofore held that an attachment does not according to the indian law ..... adjudicate upon a subject-matter which does not fall within its province as defined or limited by law * * * *. as regards jurisdiction in relation to persons, a court cannot act upon persons, who are not legally before it, upon one who is not a party to the litigation. * * * *. as regards jurisdiction in regard to the particular ..... of mere irregularity because there would be no party on the record until the legal representative is impleaded.50. the madras high court before the passing of the act v of 1908, has consistently taken the view, differing from the allahabad decision, that if the judgment-debtor dies before the decree has been fully executed, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad642; (1937)1MLJ60
..... on by the plaintiff was never clearly or definitely formulated. even issue 13 does not make any reference to the results of the adoption, assuming it to be valid. the points at issue between the parties as they finally emerged are (i) whether the adoption of an orphan boy is permitted by the custom of the community ..... from conduct may not be of any value; but it was recognised in the same passage that 'upon a question which depended upon the preponderance of evidence' acts of acquiescence would be important. we accordingly accept the lower court's conclusion to this extent, that as against the defendant, the evidence is sufficient to establish that ..... assembled for another function also attended the plaintiff's adoption. the defendant throughout speaks of the adoption as an accomplished fact and has nowhere suggested that any particular act which according to the custom of the community was necessary to constitute an adoption was absent in this caser there was of course no 'giving' of the .....
Tag this Judgment!Court : Chennai
Reported in : (1936)70MLJ635
..... he has been put upon his trial for criminal breach of trust. my answer, therefore, to the first question referred is that the acquittal of cheating furnished a valid plea of autrefois acquit in bar of the accused being tried for criminal breach of trust. it follows that the conviction which has resulted from that trial must ..... with theft on the same facts. however he thought that the imputed offences of mischief and theft were not distinct offences, nor was there a series of acts but one act or transaction only, the cutting of the tree and the removal of the branches cut. it seems to me that the cutting of the tree constituted mischief ..... that having obtained the bonds by cheating, the accused sold them the same day and misappropriated the proceeds. the bonds could under section 46 of the negotiable instruments act be endorsed and delivered conditionally or for a special purpose only, and not for the purpose of transferring absolutely the property therein, and the prosecution case is that .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad353
..... he has been put upon his trial for criminal breach of trust. my answer therefore to the first question referred is that the acquittal of cheating furnished a valid plea of autrefois acquit in bar of the accused being tried for criminal breach of trust. it follows that the conviction which has resulted from that trial must ..... with theft on the same facts. however he thought that the imputed offences of mischief and theft were not distinct offences, nor was there a series of acts but one act or transaction only, the cutting of the tree and the removal of the branches cut. it seems to me that the cutting of the tree constituted mischief ..... bank, and that having obtained the bonds by cheating, the accused sold them the same day and misappropriated the proceeds. the bonds could under section 46, negotiable instruments act, be indorsed and delivered conditionally or for a special purpose only, and not for the purpose of transferring absolutely the property therein, and the prosecution case is that .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad819; (1936)71MLJ170
..... gets no title under it. but the observation in that sense, which no doubt occurs in the judgment is an obiter -dictum. the sale had been held to be valid at a previous stage of the same case, by the bench that decided subramania aiyar v. official receiver, tanjore (1925) 50 m.l.j. 665 . the ..... antecedent transactions'. it relates to the stage prior to insolvency, where the insolvency petition has been admitted. it therefore belongs more properly to the provisions of the act dealing with that particular stage when upon the admission of the petition an interim receiver, is appointed to take charge of the debtor's property. the interim receiver ..... does not militate against this view. there, after the attachment of the judgment debtor's property had been effected, he was adjudged an insolvent under the indian insolvency act, 1848 and his estate vested in the official assignee. the property was then sold in execution, no notice under order 21, rule 22 civil procedure code, having been served .....
Tag this Judgment!Court : Chennai
Reported in : (1936)71MLJ873
..... to assume superintendence both of his person and property. the rajah immediately filed a suit in the court of the subordinate judge of vizagapatam, impeaching the validity of the order made by the government and praying for a declaration that it is ultra vires and unauthorised. the petitioner, then learning that the court ..... was kept up. the following passage from the cambridge history of india, vol. v, pp. 594 and 595 gives an indication of the uncertainty:that act (the regulating act) takes for granted the existence, of british sovereignty in calcutta and its immediate neighbourhood, but not apparently beyond. at best its language is hesitating and ..... friend' and 'guardian ad litem' are well known to procedural law, being expressions used in the civil procedure code which was in force when the court of wards act was passed. these expressions occur in order 32 of schedule i, civil procedure code, dealing with suits by or against minors and persons of unsound mind. provision therein .....
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