Court : Chennai
Reported in : AIR1936Mad819; (1936)71MLJ170
..... all the property which the debtor had at the date of the insolvency petition will not prevail against the purchaser in good faith at an execution sale prior to the adjudication. this was the rule under section 34 of the act iii of 1907 din dayal v. gur saran lal i.l.r.(1920) 42 all. 336 and i think it ..... be under section 151 and order 21, rule 90, civil procedure code. that was heard by mr. r. rangaswami aiyangar who, holding that his predecessor had acted in violation of section 52, set aside the sale, declaring it to be null and void. in the view he took, he considered it unnecessary to go into the question of material irregularity under order ..... of the debtor's insolvency, does not in the circumstances, amount to absence of good faith, it does not necessarily follow that all enquiry into the question whether the purchaser acted in good faith or not, is to be excluded. any collusion or fraud may vitiate the sale. further, another important point must be borne in mind, that section 51(3) .....
Tag this Judgment!Court : Chennai
Reported in : (1921)ILR44Mad714
..... by the appellate court. it would obviously be so if the decree of the appellate court had varied the preliminary decree passed by the lower court and there are no good reasons for applying different rules as regards questions arising under article 181, when the appellate court affirms the decree of the lower court and when it varies it. consequently, ..... was set aside in the first court, that time then began to run under article 97 and that consideration did not fail afresh when the order setting aside the sale was affirmed by the appellate court. here, as in the well-known case of bassu kuar v. dhum singh (1889) i.l.r., 11 all., 47 (p.c.) the ..... . somasundaram as to whether the starling point for an application for a decree absolute under order xxxiv, rule 5, civil procedure code, which is governed by article 181 of the limitation act, is the date of the original decree or the date of the appellate decree which affirmed the original decree.2. it had long been regarded as well-settled in this .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad514(1); (1921)41MLJ117
..... the appellate court. it would obviously be so if the decree of the appellate court had varied the preliminary decree passed by the lower court, and there are no good reasons for applying different rules as regards questions arising under article 181 when the appellate court affirms the decree of the lower court and when it varies it. consequently an ..... for a decree absolute where the preliminary decree is under appeal, an application so much resembling an application for execution that under the repealed chapter of the transfer of property act it was held by this court to be one. that was a question which their lordships were not considering.4. the view that for the purposes of such an ..... was set aside in the first court, that time then began to run under article 97 and that consideration did not fail afresh when the order setting aside the sale was affirmed by the appellate court. here, as in the well known case in basu kuar v. dhiim singh i.l.r. (1888) all. 47 the question their lordships .....
Tag this Judgment!Court : Chennai
Reported in : 34Ind.Cas.428
..... the cases cited therein. consequently the provisions of chapter xxxi of act xiv of 1882 apply to the case of a person who is a lunatic, although he has not been so found on enquiry ..... is now settled law that the provisions of the old code of civil procedure apply to persons adjudged to be of unsound mind under act xxxv of 1858 as well as to those who are not so adjudged. see kadala reddi v. narisi 24 m.d 504 and ..... to infants whether plaintiffs or defendants) shall, mutatis mutandis, apply in the case of persons of unsound mind, adjudged to be so under act xxxv of 1858, or under any other law for the time being in force.' so that apparently it was confined in terms to ..... the suit was brought to declare the nullity of a sale in execution. there they agreed that there was a perfectly good judgment against the deceased person during his lifetime but the proper parties were not added before the sale. it seems to me that completes the chain in the .....
Tag this Judgment!Court : Chennai
Reported in : 30Ind.Cas.408
..... on the ground of trade usage, but usages and custom of trade are specially excepted by section 1 of the indian contract act, and the property in dispute in that case being moveable was governed by chapter vii of the indian contract act, which deals with the sale of goods and corresponds with the provisions of the sale of goods act in england. ..... 's decree for dower. the allahabad high court has in several cases shown a reluctance to apply the provision of section 54 of the transfer of property act strictly to sales between muhammadans, knowing that under sunni law payment of price accompanied by delivery of possession constituted a complete transfer without the execution of any document, vide section ..... on the part of the purchaser. it is argued that as section 120 of the transfer of property act gives to a party to an exchange transaction similar rights as if he was a seller or buyer in a sale transaction, the defendants nos. 1 to 5 have a charge upon the plaint property to the extent of .....
Tag this Judgment!Court : Chennai
Reported in : (1915)ILR38Mad519
..... on the ground of trade usage, but usages and custom of trade are specially excepted by section 1 of the indian contract act, and the property in dispute in that case being moveable was governed by chapter vii of the indian contract act, which deals with the sale of goods and corresponds with the provisions of the sale of goods act in england. ..... 's decree for dower. the allahabad high court has in several cases shown a reluctance to apply the provision of section 54 of the transfer of property act strictly to sales between muhammadans, knowing that under sonni law payment of price accompanied by delivery of possession constituted a complete transfer without the execution of any document, vide section ..... on the part of the purchaser. it is argued that as section 120 of the transfer of property act gives to a party to an exchange transaction similar rights as if he was a seller or buyer in a sale transaction, the defendants nos. 1 to 5 have a charge upon the plaint property to the extent of .....
Tag this Judgment!Court : Chennai
Reported in : (1894)4MLJ183
..... that court fee was payable on the amount of the decree in original suit no. 26 of 1888, viz., 2,894-8-0 and called on the plaintiff to make good the deficiency, rs. 193, within fifteen days from the date of his order.3. on the plaintiff failing to comply with this order, the appellate court rejected the appeal, ..... and the intention of the legislature to be presumed therefrom, appear to us to have been duly considered.14. another question which requires to be noticed is whether the amendment act has made any difference. section 54, as since amended, retains the classification but orders passed under that section are defined among orders which have the force of a decree. ..... , but on the amount of decree in execution of which the sale took place, would be final and not open to appeal, however erroneous that order might be. but the court fees act came into force on the 1st april 1870, and act viii of 1859 was the code of civil procedure then in force. section 81 of that enactment contemplated the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1975Mad19
..... of the "conceivable order test" may mean that some decisions hitherto considered not appealable under cl. 15 may have to be held appealable; but that cannot be a good reason for refusing to recognise its logical effect in the case before us. it is sufficient to point out that even after the adoption of the conceivable order test" ..... set aside the order. referring to section 12 court-fees act, their lordships pointed out that that section only enabled the defendant to raise a contention as to the proper court-fee payable on a plaint and to assist the ..... to the adequacy of the court-fee paid by the plaintiff the defendant may feel aggrieved, it is difficult to appreciate".that was a case where the high court acting under section 115 c. p. interfered with order passed by a subordinate court about the quantum of court-fee and remitted the matter for further enquiry. their lordships .....
Tag this Judgment!Court : Chennai
Reported in : (1968)1MLJ37
..... sri lakshmindra thirtha stoamair : [1954]1scr1005 , and upheld the levy that was in question in that case, fees for appeals and applications in revision under the orissa sales tax act, as within the competence of the provincial legislature pointing out that the fees imposed by the rule in question were for services rendered by the governmental agency and that ..... fees imposed were illegal. it was observed that the legislature had power to make a law for tax on sale of goods and for fees in respect thereof, under items 48 and 54 of list ii of the government of india act, 1935, that the fees indisposed were not taxes, and that it came within the provision in section ..... 29 of the orissa sales tax act, which enabled the state government to make rules 'prescribing the procedure for and other matters ( .....
Tag this Judgment!Court : Chennai
Reported in : AIR1968Mad1
..... of the "conceivable order test" may mean that some decisions hitherto considered not appealable under cl. 15 may have to be held appealable; but that cannot be a good reason for refusing to recognise its logical effect in the case before us. it is sufficient to point out that even after the adoption of the conceivable order test" ..... set aside the order. referring to section 12 court-fees act, their lordships pointed out that that section only enabled the defendant to raise a contention as to the proper court-fee payable on a plaint and to assist the ..... to the adequacy of the court-fee paid by the plaintiff the defendant may feel aggrieved, it is difficult to appreciate".that was a case where the high court acting under section 115 c. p. interfered with order passed by a subordinate court about the quantum of court-fee and remitted the matter for further enquiry. their lordships .....
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