Court : Chennai
Reported in : 4Ind.Cas.1064
..... any objection on principle; nor will its adoption entail any practical difficulty at least in this presidency. i would, therefore, modify the order of the learned judge, and with reference to section 19, i (1) of the court fees act (as amended by act xi of 1899), i would inform the appellant, that no order entitling him to letters or ..... who by the personal law of the deceased and himself, would be entitled to the whole or part of the estate of the deceased. he would take his father's property if his father died intestate leaving property.6. and it seems clear to me that the ancestral joint family property passing to the applicant by survivorship, is ..... forming the joint ancestral property of the undivided hindu family of which, the petitioner and his late father were the only members. he stated that though his father's share in the property passed to him by survivorship, he was obliged to take out letters of administration because part of the property consisted of shares in certain companies .....
Tag this Judgment!Court : Chennai
Reported in : 15Ind.Cas.326
..... krishna pal 36 c.p 920 : 4 ind. cas. 414. it is true that, at the time of the alleged oral agreement, the plaintiff's document had not been registered, but it had been executed, and plaintiff had thereby acquired a right to get it registered; whenever he chose. we do ..... that, in spite of this provision of law, the plaintiff is estopped, under section 115 of the indian evidence act, from [prosecuting the present suit. but, in order to set up any plea of estoppel, the party raising it must first prove the declaration ..... , act or omission on which it is based, and, in the present case, section 92 stands in his way. we cannot accede ..... in our opinion, the subordinate judge has rightly held that the defendants were precluded, by section 92 of the indian evidence act, from proving the oral agreement set up by the 1st defendant, whereby the plaintiff is said to have agreed in substance .....
Tag this Judgment!Court : Chennai
Reported in : (1894)ILR17Mad235
..... necessary to determine in this suit is whether the plaintiff is entitled to a decree for divorce on the ground of his wife's adultery under act iv of 1869. the facts which give rise to this question are shortly these. the plaintiff was born in 1862. in 1879 ..... not dissolve prior marriages valid by the lex loci if the legislature had intended to bring hindu marriages within the scope of the act, they would probably have inserted express provisions relating to questions which arise from their polygamous character. it is true that the plaintiff has ..... from marrying any other woman during the subsistence of the marriage. a declaration was granted by the president of the probate division declaring (under 21 and 22 vic., cap., 93) that such marriage was a valid one. in the judgment ..... the president says :marriage must be that of one man and one woman to the exclusion of all others. throughout the judgments .....
Tag this Judgment!Court : Chennai
Reported in : (1901)ILR24Mad345
..... of the defendants is that the portion of the rule which follows the word 'final' is ultra vires, inasmuch as the rules purport to be framed under section 1 of act xxiv of 1839 and that section, it is contended, merely authorizes the governor in council to determine in what classes of suits the decision of the agent shall not be ..... determine, firstly, in what suits an appeal against the decision of the agent shall lie, and secondly, in cases, where no appeal lies, the conditions subject to which the agent's decision shall be final, and it is with reference to the second matter that the words 'to determine to what extent the decision of the agent shall be final' were ..... of the decision is not intended to be absolute, but is subject to qualifications or conditions. in this view rule no. xx, which provides that the finality of the agent's decision shall be subject to the power of the sudder court to direct the agent to review his decision on special grounds, is not, in our opinion, ultra vires.7 .....
Tag this Judgment!Court : Chennai
Reported in : 1998(99)ELT214(Mad)
..... under section 112(a) of the customs act. 3. the show cause notice under section 124 of the customs act, 1962, a ted 8-2-1996 was issued to the appellant who brought the following five nos. fire arms along with him as accompanied baggage on 31-1-1996 from london : -----------------------------------------------------------------------s. no. calibre make description - s. no. of the arm-----------------------------------------------------------------------1. 12 bore ..... beretta over under shotgun s/n l 75976 b2. 12 bore beretta .....
Tag this Judgment!Court : Chennai
Reported in : 15Ind.Cas.195
..... m.l.j. 99 . the oath has not in fact been taken by the defendant, and consequently the defendant's contention as to interest which was to have been proved conclusively by the defendant's oath has not been proved. neither the oaths act nor any of the decisions referred to in the argument, thoyi ammal v. subbaroya mudali, 22 m.l 234 .....
Tag this Judgment!Court : Chennai
Reported in : 15Ind.Cas.231
..... in this case at the same time. this is made clear by the next provision, that, if the sale does not realize what is due to the creditor, the debtor's other properties might be proceeded against for the balance then due. we must, therefore, allow the appeal and modify the decree of the lower-court by dismissing the suit so ..... says it may be taken to mean the last or 8th instalment. on the construction of the document a, we are of opinion that the appellant's contention is well founded. there is no provision in the document that, in default of payment of any of the instalments, the whole debt shall become due. when default is .....
Tag this Judgment!Court : Chennai
Reported in : (1906)ILR29Mad519
..... of it be ascertained and assessed. in the instrument of conveyance the vendors entered into a covenant to do at the request of the vendee any further acts that might be necessary in respect of the subdivision, registration and separate assessment of the village. with reference to the communications made to the collector by the ..... there must be a conditional promise to pay the debt and evidence that the condition has been performed. re river steamer co., mitchell's claim l.r. 6 ch. app. 822 the indian limitation act, however, says nothing about a promise to pay and requires only a definite admission of liability as to which there can be no ..... as an acknowledgment within the meaning of section 19 of the limitation act. the concluding portion of the settlement provides : 'the kavalai people (the vendors) should get the zamindar's name entered in the sircar accounts, effect the subdivision, and bring and deliver vallankivaru's mortgage deed. the said settlement has been agreed to subject to this .....
Tag this Judgment!Court : Chennai
Reported in : (1911)ILR34Mad161; (1910)20MLJ930
..... court in venkatramana bhatta v. gundaraya i.l.r. (1908) mad. 403 that the lease under consideration was not governed by the provisions of the transfer of property act, having been executed in 1866. there was consequently no discussion in the madras case as to the principles applicable to an action in ejectment on the ground of forfeiture of ..... accompanied by an assertion in terms of the title of the defendant. if the landlord's title be denied, it involves the assertion that the title is either in the defendant or some third person.4. the question remains whether the lessor had done some act showing his intention to determine the lease. as we have said already, the transfer ..... question is whether under the law in force before that act, the claim for rent in the action for ejectment could operate as a waiver. we are not aware of any authority for holding, where the lease bad determined by the plaintiff's election to treat the lease as at an end, that the claim for rent prosecuted along with .....
Tag this Judgment!Court : Chennai
Reported in : (1951)1MLJ524
..... of mesne profits decreed, he should, as a condition precedent, or as a pre-requisite pay the court-fee.2. the appellant's contention is based upon the paragraph 3 of section 11 of the court-fees act as well as a decision of this court reported in lakshmanan chettiar v. chidambaram chettiar : air1933mad787 , where sundaram chettiar and walsh ..... , jj., have held that in view of the express provision in section 11 of the court-fees act which casts the duty on the executing court to collect the deficit court-fee when it finds that execution is sought for the recovery of an amount over and ..... in ramalinga sethupathi v. andiappan : air1931mad717 , where reilly and anantakrishna aiyar, jj., have construed the scope of the various provisions of section 11 of the court-fees act. reading the decree that is sought to be executed, it seems to us that at the time either the trial court or the lower appellate court passed the decree .....
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