Court : Chennai
Reported in : (1883)ILR6Mad20
..... , the mother of the first defendant's late husband is not a party to these proceedings, and the adopted son himself does not appear to have been misled by any representation made by the plaintiff. the supposed estoppel not having been pleaded, it was. not properly a question for the consideration of the district court, and, if it had been pleaded ..... no evidence that he left any direction to his widow to adopt. it appears that upon the death of her husband the plaintiff had no desire to adopt. but the people about her thought an adoption desirable, especially with a view to the possible recovery of fifty villages which had been attached and sold by government for arrears of revenue. pressure .....
Tag this Judgment!Court : Chennai
Reported in : (1898)ILR21Mad433
..... that, so far as this particular district was concerned, the system of taxing each tree had not in any way discouraged the industry in question.5. this representation induced the government to order the re-introduction in the district of the old form of taxation in so far as palmyra trees alone were concerned. this was ..... plantations. but that mode of assessing government revenue operated so harshly on the holders of topes that large number of persons relinquished their topes to the government and people generally refrained from planting taxable trees anew. in 1853, the government therefore ordered the abolition of so oppressive a system of assessing revenue and directed the substitution ..... person grows on a piece of assessed government land such trees in sufficient numbers and fairly closely over the land, so as to form, in the language of the people accepted by the revenue authorities themselves, a tope' (paragraphs 3 and 9, extract m. c, 31st may 1855, no. 655, and paragraph 7, extract from .....
Tag this Judgment!Court : Chennai
Reported in : (1902)12MLJ368
..... legal representative. if the true legal representative or all the legal representatives do not intervene, it can be due only to his or their laches. this is the principle of representation which obtains under the english law when it is necessary the t the representative of a person deceased be made a party to a pending suit, and that principle is ..... adopted in athiappa v. ayanna i.l.r. 8 m. 300. if this were not the law, it will in no few cases be practically impossible to secure a complete representation of a party dying pending a suit, and it will be specially so in the case of a mahometan party; and there can be no hardship in a provision of .....
Tag this Judgment!Court : Chennai
Reported in : (1903)13MLJ429
..... that a particular term in a patta was open to objection nevertheless for reasons of his own takes the patta without demur. in such a case is not the representation in respect of what by itself is no other than a fact, viz., the propriety of the patta irrespective of the belief one way or the other of the ..... that the patta is or may be taken to be a proper one especially when this conduct is repeated from year to year.4. the district munsif thought that the representation, if any, in cases like this relates only to a matter of belief in the tenant's mind, now take the case of a tenant who though fully aware ..... proper pattas and that the landlord might act on that footing the tenant would be precluded from impugning similar pattas tendered subsequently unless and until he had withdrawn his previous representation by communicating to the landlord that he objected to the terms in question in circumstances permitting the latter suing the former in time to obtain an adjudication under section .....
Tag this Judgment!Court : Chennai
Reported in : (1904)1MLJ105
..... again in prosunno kumari v. golabchand l.r. 2 1.a. 146, in which it was held that shebaits who succeed one another form a continuing representation of the debidter property, that though such property is generally inalienable, yet it is competent for the shebait to incur debts for the proper expenses of keeping up ..... , the worshippers are beneficiaries only in a spiritual sense and the endowments themselves are primarily intended for spiritual purposes, though indirectly and incidentally a good number of people derive material or pecuniary benefit therefrom as office holders, servants or objects of charity. in the decisions above referred to at length, the presiding idol is treated ..... refer to temples along with mutts, which in order that organized worship of god and spiritual knowledge might go hand in hand, the religious instinct of the people designed as places of public resort for worship and which were endowed far more richly than mutts. no doubt those that have made and still make such .....
Tag this Judgment!Court : Chennai
Reported in : (1906)16MLJ178
..... we prove so unfortunate as not to be restored to the zamindari, then the present allowance being inadequate for our expenses, we are to make a joint public representation on the subject and to receive the amount which may be granted in equal proportions, enjoying at the same time the present allowance in the like manner as we ..... , and that on the death of venkatadri he himself became zemindar. these statements are made in a part of the petition dealing with the dispute with the condana people regarding the char mahal, and may be explained by these villages appertaining to venkatadri's share. in any case, the effect of the statements is neutralized by another ..... possession of the country in 1766, venkatadri and his brother, narayya, were in joint posession of the zemindari, having been reinstated through the good offices of the gondana people, who were the acting farmers of the revenue, and by the authority of hussain ali khan, the nizam's amildar, or chief civil officer, in that part of .....
Tag this Judgment!Court : Chennai
Reported in : (1908)18MLJ247
..... applied.4. here the 2nd defendant purported to transfer certain immovable property, and his statement in exhibit a that the inam sold had fallen to his share, amounts to a representation that he was authorized to transfer them. the case is, therefore, within the section and the appeal has to be dismissed with costs.
Tag this Judgment!Court : Chennai
Reported in : 5Ind.Cas.374
..... 1904. he must have told this to the plaintiff will therefore, accepted the award with that knowledge.4. another contention urged before us is that the plaintiff relied upon the representation made by the defendants to the arbitrators that the 'cost of goods sold for cash and on credit sales from 5th july 1904 to 10th september 1904 inclusive' was rs ..... is there any reliable evidence to show that the defendants told the plaintiff that the business had been worked at a loss or that the plaintiff acted on any such representation. it is, no doubt, a matter for observation that the goodwill has not been valued. but the plaintiff and his advisers knew of the omission at the time. tine submission .....
Tag this Judgment!Court : Chennai
Reported in : (1910)20MLJ479
..... 2nd defendant had received in cash rs. 2,025. i cannot help asking myself : if this was an ordinary business transaction in which the plaintiffs relied upon devarajulu naidu's representations that he was selling on behalf of the defendants, what was the necessity for obtaining this document exhibit c from the younger of the two brothers? then we find that ..... the defendants and the mother authorized me to sell the house and invest the money and purchase a small house for rs. 1,000. they put up the notice that people were to enquire of me.' that is what he says in examination-in-chief. in cross-examination he says : 'i was to consult them after i got an offer. the .....
Tag this Judgment!Court : Chennai
Reported in : (1913)24MLJ49
..... v. rangasawmy nainar : (1912)23mlj301 where the learned judge expressed an opinion that an attestation, having regard to the habits of the people of this country, by a person who is interested may amount to representation. but i think the application of that rule must depend upon the facts found in each case. it cannot be said that it ..... plaintiff really took little or no part in the negotiations and was probably not the person really interested. apart from that, i take it that the evidence of representation which can be relied on at all is only the attestation of the document by the 1st plaintiff. at the time the 1st plaintiff attested the document, he ..... passed it on to her, and, consequently, he is now estopped from endeavouring to recover that property from the possession of the 1st defendant. the only evidence of representation is the fact that he attested the document, and the allegation of the 1st defendant that the 1st plaintiff negotiated the sale. that allegation is one which i am .....
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