Court : Chennai
Decided on : Mar-27-1974
Reported in : AIR1975Mad131; (1975)1MLJ39
..... am in entire and respectful agreement with my learned brother, i wish to make the following observations: the hindu law of inheritance (amendment) act, 1929 (act ii of 1929) by sub-section (2) of section 1 clearly defines the scope of the act by saying that it applies "in respect only of the property of males not held in coparcenary and not disposed of by will ..... district munsif of coimbatore, is the appellant in these two letters patent appeals. the interesting question that arises in these appeals is whether to a case of succession to the estate of a hindu male, who held the property as the last male-holder, the hindu law of inheritance (amendment) act, 1929. act 2 of 1929, is applicable or not.2. the short facts ..... question of father's father and maternal uncle inheriting the same cannot possibly arise.8. the learned counsel appearing for the appellant as well as the respondent in the letters patent appeals stated that they did not put forward the reasoning quoted above which found favour with the learned judge. in fact the learned counsel for the respondent, in whose favour ..... agreement with the view expressed above.7. the learned judge from whose judgment these letters patent appeals are preferred, while warning in two places that the question hag to be considered with reference to the language of the statute as well as the scheme of the act and taking note of the fact that neither the expression, 'separate property' nor the expression .....
Tag this Judgment!Court : Chennai
Decided on : Oct-31-1974
Reported in : AIR1975Mad227
..... than what, he himself possessed, will, therefore, have no validity in the application of the inclusive definition of 'cultivating tenant'.5. for the appellant it was contended that, when by amending act ix of 1969 only a sub-tenant was bought within the vortex of the inclusive defini-tion of 'cultivating tenant', it did not do so in respect of a tenant ..... v. ratan-bai, , which we do not think in any way affects the view that we have taken as to the effect of the related statutory provisions in the act. the letters patent appeal fails and it is dismissed. no costs.8. maharaian, j., in his opinion, has suggested that the matter will have to go back to the revenue divisional officer ..... him will be his landlord at any given time the same meaning to the 'landlord' has to be given in clauses (b), (c) and (d) as well of sub-section (2) of section 3.4. on the construction we have thus placed, it will be obvious that, even though the usufructaary mortgage on the strength of which the mortgagee let out to ..... in decreeing the suit. but in second appeal ramanu-jam, j., reversed the decree relying on prabhu v. ramdeo, , and dismissed the suit. but he granted leave. in the letters patent appeal kaila-sam, j. took the view that the respondents were not entitled to the statutory protection, while maharaian, j., took the opposite view.2. the tamil nadu cultivating tenants .....
Tag this Judgment!Court : Chennai
Decided on : Nov-11-1974
Reported in : AIR1975Mad273
..... valid, as the attachment which was made absolute was still effective and could not be said to have come to an end. 5. on that view, the letters patent appeal is allowed with costs throughout. 6. s. a. nos. 607 and 608 of 1965:--in view of our judgment in l. p. a. no. ..... of the judgment-debtor by a private treaty. on 5-12-1953, came into force the madras indebted agriculturists (temporary relief) ordinance, v of 1953. section 3 of the ordinance barred any suit or application to enforce agricultural debts for a period of one year. if the proceeding is pending in suit or execution ..... is not necessary to deal with the correctness of the decision in venkatarao v. suryarao, ilr (1950) mad 39. the suit, out of which the letters patent appeal arises, was instituted by the respondent for declaration and injunction or in the alternative for possession. there was a money decree in o. s. no. 362 ..... in any such suit shall be made, against any agriculturist in any civil court before the expiry of a year from the commencement of this ordinance.' section 4 directed that the proceeding shall stand stayed until expiry of a year from the date of commencement of the ordinance. this period of one year was ..... taken. petition closed. attachment to continue for two months.' madras act v of 1954, which replaced the ordinance and which was effective from 5-2-1954, was amended by madras act i of 1955 with effect from 1-3-1955. the effect of the amendment was that the stay of operation of any proceeding continued in .....
Tag this Judgment!Court : Chennai
Decided on : Aug-05-1974
Reported in : AIR1975Mad189; (1975)1MLJ119
..... iyer intimated to us that his client would be prepared to pay the court-fee within a week.7. the amendment petitions are based on the proviso to section 40 of the specific relief act, 1963. the section itself may be quoted here in full:'40. damages in lieu of, or in addition to, injunction- (1 ..... impose any terms on the plaintiff in granting these amendments. the amendments will be allowed. sri s. sampath kumar has given expression to an anxiety that the plaintiff may not pay the required coure-fee of rs ..... , a negative injunction restraining them from distributing the products otherwise than to the plaintiff could be granted in view of section 42 of the specific relief act. 1963 (corresponding to section 57 of act. 1877). he further submitted that it was extraordinary that the trial judge should dispose of the issue of injunction without ..... mac laboratories is that damages would be the proper remedy. this contention of the defendants itself shows that it is absolutely necessary that the present amendment claiming damages in the alternative should be allowed.9. having regard to the special circumstances of this case, we do not think it necessary to ..... -1967. he observed-'to give a temporary injunction would really be to enable the plaintiff to get what he wants in the suit itself.'a letters patent appeal (l. p. a. 12 of 1967) was filed and was dismissed on 5-4-1967 on the around that the period of the .....
Tag this Judgment!Court : Chennai
Decided on : Jan-04-1974
Reported in : AIR1975Mad19
..... of pauperism is recorded, the court may hear arguments from both sides with reference to all the prohibitions covered by r. 5. under the rules as now amended by the madras high court, both parties can adduce evidence touching all the aspects covered by r. 5. if the court, after recording the evidence and hearing ..... ., , which refers to a judgment of a single judge disposing of an appeal under sec. 39(1) of the arbitration act. finally, i may refer to the dicta in ladli prasad v. karnal distillery co., ltd., , with reference to cl. 10 letters patent (lahore); in brief, it was conceded during the arguments that there is no subsequent ..... to 4648 in vol. 4, and as occasion turns up, each of these situations may have to be examined again in the light of this "conceivable order test".(67) sri n.c. raghavachari and sri k.n. balasubramaniam appearing for the plaintiffs (respondents in the appeals) have cited before us a large number of decisions holding ..... between an order under cl. 12 and an order under cl. 13. for the present i shall analyse the first part of the judgment of their lordships.(32) their lordships first of all refer to the test laid down by sir richard couch, c.j. in the well-known case of (1872) 8 beng lr ..... is thus discussed by beaumont c. j. at page 320--"but then there is the preliminary objection that no appeal lies. this court held in 32 bom lr 1647 = air 1931 bom 166, that against an order refusing leave to sue as a pauper a right of appeal did lie under cl. 15 .....
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