Court : Chennai
Reported in : (1941)2MLJ754
..... court accepting a third party's claim petition, held to be within time in spite of the fact that the suit instituted by the decree-holder challenging the validity of the order of the executing court had failed. this would depend on the decision as to the character and effect of the order of dismissal passed by ..... learned judges called 'ordinary parlance'. since a suit is, according to the explanation in section 3, instituted when the plaint is presented to the proper court, the act clearly draws a line between the presentation of a plaint and making an application and it cannot be obliterated unless there was something repugnant in the subject or context. ..... previous conclusions. the learned judges of the bombay court were not considering the case of a plaint at all but that of an application under the succession certificate act and had therefore no occasion to say anything about the plaint being treated as an application within the meaning of article 182. the second reason given by the .....
Tag this Judgment!Court : Chennai
Reported in : (1941)2MLJ707
..... have to hold therefore that the appellant being unable to establish his exclusive title to the property in suit on the basis of its allotment to his share at a valid partition, is not entitled to the relief claimed by him in the suit.5. the next ground relied on by the lower court in support of the conclusion that ..... to create interests in the immovable properties comprised therein. it cannot therefore be said that ex. a does not require registration. it clearly falls within section 17 of the registration act and being unregistered, it must be held to be inadmissible in evidence.4. it is, however, argued by mr. somasundaram for the respondent that even if this partition deed ..... of the partition till the respondent disturbed such possession in 1934, and reliance was placed on certain decisions which-were, however, cases decided before the transfer of property amendment act of 1929. the limits of the application of the doctrine of part performance have now been defined in section 53-a of the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1942Mad634; (1942)2MLJ636
..... special powers on mercantile agents in regard to sales and pledges of goods. but it is worthy of note that section 27 of the sale of goods act only provides that a person cannot validly sell the goods belonging to another unless he had authority to do so (or where the authority could not be disputed by the owner on account ..... .'' on behalf of'' or in other words, for the benefit of the firm of goverdandoss tokersey, it falls within the mischief of section 69 (2) of the indian partnership act (act ix of 1932) and is liable to be dismissed on that ground. we have already referred to the fact that the plea advanced on behalf of the defendants was only ..... to file it. it was also alleged in paragraph 3 of the additional written statement that the firm 'goverdandoss tokersey' had not been registered as required under the partnership act at or before the presentation of the suit and that registration was effected only on the 31st july, 1939.7. one of these written statements that is, the one .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad303; (1943)1MLJ24
..... the kartha in effecting them. it was urged that his participation in the alienations in question was merely with the object of showing his concurrence to the valid family purpose for which they were being effected and should not be taken as proof of the fact that he was transferring his own share in the joint ..... part in praesenti' or that 'he cannot transfer his undivided share by testamentary devise' are, in my opinion, irrelevant. nor is the fact that the provincial insolvency act happens to be 'a general statute applicable to hindus, mohammedans, christians, buddists and sikhs' of any consequence. what does it matter if anyone of these is possessed ..... being transfers for consideration and in good faith) and on the ground that they fell, in any case, within the mischief of section 54 of the provincial insolvency act, as they were brought about with the object of giving fraudulent preference to the alienees who were closely related to the insolvent. these questions were considered in detail .....
Tag this Judgment!Court : Chennai
Reported in : AIR1942Mad641; (1942)2MLJ164
..... pleas but we are concerned in this appeal preferred on behalf of the lessee's grand-son (defendant 1) with two only. having regard to the facts that the validity of the lease was being impugned almost half a century after its execution when all its attesting witnesses and parties were dead, the first plea was that the lease might ..... 479), cited the following passages from durr-ul-mukhtar, radd-ul-mukhtar and hedaya:6. durr-ul-mukhtar:so where the wakif has left indeterminate the period for which a wakf property may be leased, some (jurists) have said the kyyum (mutavalli) has a general discretion as to the length of the term; whilst others have said the limit should ..... court and had to be regarded in force until then, the whole of the appellant's contention would fall to the ground. leases which are usually the result of an act, of management (or it may be that of mismanagement) have to be distinguished from sales. they have to be regarded as operative and binding on the trustee granting them .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad381; (1943)2MLJ539
..... nadan (1927) m.w.n. 743 wallace and srinivasa ayyangar, jj., held that the decree obtained in favour of the devaswom represented by the trustee was valid notwithstanding that an order of removal had been passed against him. the ground of the decision would appear to be that the devaswom was sufficiently represented by the ..... in his favour. their lordships further repelled the contention that the reservation of the right of a secured creditor under section 28(2) of the provincial insolvency act to realise or otherwise deal with the security' notwithstanding the insolvency of the mortgagor made no difference, as it did not in the least imply that an ..... the civil procedure code. the only exception is when the devolution results from a transfer pendente lite, for which statutory provision is made in section 52 of the transfer of property act, 1882, and order 22, rule 102, of the civil procedure code. in kala chand banerjee v. jagannath marwari the facts were these : on 11tn january, 1915, the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad449; (1943)1MLJ198
..... made by a competent court having jurisdiction to try whether it was barred by time or not, such order, although erroneous, must, if unreversed, be treated as valid.the learned judges support themselves by these observations in laying down the principle that when an order for execution of a decree is made, the implication is that the ..... the decree now sought to be executed. the respondent is the legal representative of the decree-holder. the appellant's contention in short was that there was no valid executable decree so far as he is concerned. this contention having been overruled by the subordinate judge he has appealed to this court against his order.2. in ..... rep. 898 .an entirely different class of questions, however, arises, when it is suggested that a court in the exercise of the jurisdiction which it possesses, has not acted according to the mode prescribed by the statute. if such a question is raised, it relates obviously, not to the existence of jurisdiction, but to the exercise of it .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad677; (1943)2MLJ99
..... gift inter vivos of government promissory notes by a father to his son, accompanied by delivery of possession of the securities and a transfer in the son's name was valid according to muhammadan law, notwithstanding that the donor stipulated that during his lifetime he should receive the interest, to be applied by him' to, certain religious and charitable ..... bi received the rents. was not her apt in bestowing this property on her orphan niece to advance her in life a righteous act? surely it was. we fail to see any legitimate ground for questioning the validity of the transaction and accordingly we hold that the third defendant received a good title to the property.22. the appeal will ..... the settlor or not.18. in that case a muhammadan lady who was illiterate and pardanashin executed a deed by which she gave her whole property in wakf reserving only a small sum for herself and her invalid husband and the right of residence in a house. the situation here is very different.19. the learned .....
Tag this Judgment!Court : Chennai
Reported in : AIR1944Mad504
..... was subject to a contingency. the next question is whether the dedication of that part of the residue which consists of moveable property is unlawful. before the passing of the mussalman wakf validating act, it was the view of this court and of other high courts in india, except the allahabad high court, that there could not be a ..... marriage expenses. it is conceded by the contesting defendants that as the testator's testamentary powers were those of a hindu, he could not by his will have created a wakf had the mussalman wakf validating act, 1913, not been passed. in a number of cases, the privy council had held that a mahomedan could not make a .....
Tag this Judgment!Court : Chennai
Reported in : AIR1946Mad434; (1946)2MLJ72
..... in the suit mortgage and the absence of any indication that this evidence is not true, we agree with the lower court in finding that the suit mortage was a valid transaction supported by consideration to the extent of rs. 55,287-8-0. this disposes of a.s. no. 192 of 1941 which is dismissed with costs of ..... is thereby lightened, the fortuitous benefit of that relief will be enjoyed by a subsequent purchaser, though the latter is not himself entitled to claim the benefits of the act. this fortuitous benefit, however, cannot be claimed as of right by the purchaser who is not an agriculturist. it is the accidental result of a claim successfully advanced ..... seeing that he acquired no interest in the hypotheca of the mortgage until the 20th january, 1939 : secondly, that the sixth defendant is not an 'agriculturist' under that act in that in july, 1935 he purchased three villages forming part of an estate in respect of which villages peishkush amounting to rs. 738 and jodi amounting to rs. 203 .....
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