Court : Chennai
Reported in : (1949)2MLJ199
..... coparcener was incapable of giving his assent and therefore there was no necessity to consult him and a case where the coparcener improperly refused and withheld his assent for the valid act of adoption. the principles laid down by viscount cave in krishnayya v. lakshmipathi (adusumilli's case) (1920) 39 m.l.j. 70 : l.r. 47 ..... the family is divided or undivided the consent of the father-in-law alone ' the natural guardian and venerable protector ' of the widow is sufficient to validate her act and there is no need to take the consent of the other members. their lordships observed that in an undivided family where the*re was no father ..... (1940)1mlj400 was approved.8. these two decisions establish finally and conclusively that in matters of adoption, devolution of property is of secondary importance and that the validity of the adoption is to be judged and determined by spiritual rather than by temporal considerations.9. this discussion of the principles relating to adoption in divided families .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad296; (1950)2MLJ220
..... exception to the general rule that a purchaser of the assets of a deceased from his legal representative like an executor or administrator obtains a free, complete and valid title and the subject-matter of the sale cannot be followed by creditors or legatees into the hands of the alienee. in india, the general rule is ..... or administrator waa bound to give preference to bonds, covenants and other instruments under seal of the party over debts by simple contract. the framerg of the indian act deliberately abolished this preference. it may be mentioned that even in england such distinction was abolished by 32 and 33 vict. ch. 46, apart from this abolition ..... could not be held to be fraudulent. the learned judge also rejected the legal contention raised on behalf of the plaintiffs that, under the provisions of the succession act, the creditors who has directly been paid the full amount of their claims, leaving nothing towards the plaintiffs' claim, should disgorge what they had taken and return .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad323; (1952)IMLJ71
..... down has been frequently questioned and doubted. it has been questioned and doubted in just a case or two, as i have already observed, there too not on any valid ground, as i shall show hereafter.91. next, before concentrating attention on the view taken in the decisions of this court i should like to define the exact contentions ..... for the guidance of the officers are concerned with the inam settlement, that all inams held uninterruptedly for a period of 50 years should be treated as possessed under a valid title whatever may have been the origin and secondly, the, collection of road cess by the government from the inamdars.as regards the first, the fact remains that ..... respect of the suit inam village is such a recognition --a recognition, i mean, of the validity of the original grant which has so far remained untouched by the government. if as opined by the late mr. ramadoss in his commentary on the act at pages 53 and 54 the word "recognised" might apply to the case of those inam grants .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad305; [1951]19ITR261(Mad)
..... (1928) 1 kb 73. what has happened here is that the interest and dividends have been duly paid to an agent of the owners competent to give a valid discharge to the payers, but the owner's right of disposal over such interest and dividends has been suspended or restricted during the war'.'simpson v. maurice's executors ..... 38. in 'leigh v. inland revenue commissioner, (1928) 1 kb 73. rowlatt j. referring to the charge-ability of interest income, under the particular provisions of the english act above referred to, observed that' 'receivability' without receipt was nothing for income-tax purposes. 'lambe v. inland revenue commrs.', (1934) 1 k b 178, was a case ..... to the point whether the previous assessments were on cash basis. it is now beyond dispute that the assessee himself maintained no accounts. under section 13 of the act 'income, profits and gains shall be computed for for purposes of sections 10 and 12; in accordance with the method of accounting regularly employed by the assessee .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad817; (1951)IMLJ265
..... from the minor on his attaining majority. sen, j. held that the right of the minor to avoid the alienation was a mere right to sue & could not be validly transferred in 'mon mohan v. bidhu bushan : air1939cal460 relying on the decision in 'jhavar bhai hathi bhai v. kabhal becher', 34 bom lr 1512 : : air1933bom42 ..... defined in the act. the transferee as the representative of the transferor can sue for specific performance of a contract to reconvey land (see ..... with section 6(e), t. p. act, exempts from attachment & sale 'a mere right to sue for damages'. the right to get a reconveyance of property through ct. or otherwise, is a valuable right in the nature of a right of property & can be validly transferred. the transfer of property act itself recognises transfers of actionable claims as .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad1015
..... requirements.'when considering the meaning of repugnancy the learned judge states that his understanding of the use of the word 'repugnant' as used in the colonial laws validity act was to reaffirm his conclusion that repugnancy was equivalent to inconsistency or contrariety. we have therefore to consider having before us some of the principles laid down, ..... v. attorney-general for the commonwealth', 20 w l r 148, , where the meaning of the word 'repugnancy' was considered with reference to the colonial laws validity act, 1865. most of the cases cited are of the australian commonwealth courts which deal with the inconsistency of the state laws to that of the laws of the ..... clr 380, mentioned in the foot-note to the english and empire digest, supplement 1939 dealing with dependencies. this dealt with a case under the colonial laws validating act but since the report is not available, we would not be justified in placing any reliance on that.34. with regard to the severability we find a very .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad120; (1950)IIMLJ404
..... balance of jurisdictions & of individual rights & state power, & that we must approach it in a broad & liberal spirit, so as, if possible, to validate legislative & administrative action. a person who assails the legislative or administrative action of govt. must carry the burden of demonstrating beyond doubt its unconstitutionally. we have also ..... of instructions which ate issued to the governor-general & to governors of the ooloniea & to those of india by the british govt. under the 1935 act. what are called directive principles is merely another name for instrument of instructions...... the only difference is that they are instructions to the legislature & the ..... is secured by constitutional restraints imposed on govt. the protection of these guaranteed rights of the citizen & the enforcement of the limitations imposed on the acts of govt., are both secured by judicial process which is, to quote an american case,'the device of self-governing communities to protect the rights of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad495; (1950)2MLJ804
..... that arises for determination in this case is whether an application filed for the appointment of a muthavalli, when there is already one in management of the wakf, though not a validly constituted muthavalli, is sustainable. this question was answered against the petitioner by the district judge of south malabar.2. for a proper understanding of the contentions ..... the death of zaibunnissa, the last muthavalli, and the date on which an application was made by bibi zohra for substitution of her name in the proceedings started under act xiv [14] of 1920, was very short, being only five days, and there was thus a vacancy in the office of muthavalli. so this case is ..... contention.7. the point whether a district judge has jurisdiction to entertain application for the appointment of a muthavalli, when there is already one in management though not validly appointed, has been considered in a number of decisions in other high courts though it is bare of authority so far as our high court is concerned.8 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad191; (1951)ILLJ148Mad; (1951)IMLJ527
..... was this apprehension of the situation. & of the invalidity of the reference & the award that compelled the govt. to move the legislature to enact an amending or validating act, viz., act xii [12] of 1949 the constitutionality of which, has been considered very fully by my learned brother & i entirely agree with the reasoning & conclusions he haa arrived ..... & therefore the act should be read as a composite one. where legislative fields are concurrent ..... to make the provisions of the existing statute, viz., act xiv [14] of 1947, unworkable,15. the learned counsel for the resp. trade union contends that act xii [12] of 1949 is both an amending as well as a validating act & that sections 5 and 6 constitute a separate act so far as the state of madras alone is concerned .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad917; (1951)IMLJ596
..... govinda bhatta & his sons under ex. d. 2 & ex. d. 10 in favour of the appellants conferring upon them a right of subrogation would be valid.12. the matter in the present case mayalso be looked at from one other aspect. thecovenant in the partition deed between vishnubhatta & govinda bhatta throws the entireliability ..... , as between themselves,to treat govinda bhatta as the mortgagor. inother words, govinda bhatta in giving thecovenant under the third para, to section 92 wouldbe acting not only on his behalf but also onbehalf of vishnu bhatta & his representatives.therefore even if the concurrence of all themortgagors is required such a requirement ..... matter of section 92 is the right of subrogation & defines the limitations under which the right may be exercised. it is a section newly introduced by the amending act of 1929 & deals with two kinds of subrogation, 'conventional' or 'contractual' subrogation & 'legal' subrogation. subrogation means the substitution of one creditor for the other .....
Tag this Judgment!