Court : Chennai
Reported in : (1949)2MLJ268
..... to the effect that succession to the property obtained by an individual member on partition shall be governed by the islamic law of inheritance. the madras marumakkathayam act (act xxii of 1933) which applied to all the hindus in the presidency of madras governed by the marumakkathayam law of inheritance had conferred a similar right on ..... why the courts should add additional onerous conditions to the exercise of such a fight which are not absolutely needed by paramount consideration of justice, equity and good conscience. a rigid adherence to the ipsissima verba found in the pronouncements of the judicial committee in the cases where they were not dealing with or ..... divided in estate. such an intention amounts to a valid separation though not immediately perfected by an actual partition on the estate by metes and bounds. the acts and declarations of sohun singh showing an unmistakeable intention to hold and enjoy his own estate separately, and to renounce all rights upon the shares of his .....
Tag this Judgment!Court : Chennai
Reported in : (1949)1MLJ298
..... . tipper (1871) l.r. 13 and graybum v. clarkson (1868) 3 ch. app. 605. relating to the liability of executors and trustees charged with the duty of sale and conversion of the properties of a deceased testator, nor is it necessary to consider the difficult questions that might rise if a continuing partner is personally responsible as executor ..... him to make remittances to the plaintiffs for their household expenses and making some general enquiries. it was only in 1930 when the surviving partners wanted to transfer certain good inums from the dissolved firm to their own individual business which they subsequently opened in the premises of the dissolved rm. p. firm, that they wanted to get ..... or avert a loss in the conduct of the partnership business. all that the law imposes, on him is an obligation of good faith and all that is required of him is that he must : not act in a manner antagonistic or prejudicial to the interests of the firm. as the management of the partnership business is in the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1947Mad18; (1946)2MLJ35
..... concerned. we are unable to accept this argument which is based on section 52 of the transfer of property act. section 52 does not render a sale made pendente lite void. it is valid for all purposes, but it has to give way as against rights ..... against the mortgagor and had attached the suit properties on ihe 14th september, 1908. later on, the properties were brought tc sale in pursuance of that attachment and the decree-holder purchased the properties in 1909. he then filed the suit which went up to ..... has obtained possession of the lands in accordance with the sale deed and has been enjoying the profits of the lands for these 12 years, the suit mortgages have been discharged in fact.37. we have therefore very good evidence in the shape of an admission made by ..... the, respondents in ex. d-3 in support of the conclusion that the claims of the appellant's father under exs. d-9 and d-6 were in fact discharged by the sale under ex. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1945Mad73
..... the facts of the present case we have no doubt that the execution of the plaintiff's decree against the father by the attachment of the proceeds of the sale of the sons' shares was not barred by limitation. 5. in that case the execution petition was against the father and sons and the attachment was after the ..... judges said this:it was admittedly a decree against the father alone which was alive as against the father by reason of the provisions of section 78, provincial insolvency act.. there is clear authority for the general proposition that when the debt is alive against the father, it is alive against the son in the absence of special ..... annulment is not barred. in official receiver guntur v. lalchand kushalchand : air1943mad94 this court had to deal with the effect of section 78, clause (2) provincial insolvency act. the plaintiff got a decree on 16th december 1930 against the father who was adjudged an insolvent. the adjudication was made in 1932. the decree-holder proved his debt .....
Tag this Judgment!Court : Chennai
Reported in : (1936)71MLJ873
..... abuse its powers. it must keep within the limits of the authority committed to it. it must act in good faith. and it must act reasonably. (p. 430.)23. and the expression 'acting reasonably' is explained later on as meaning 'with judgment and discretion' and turner, l.j., is ..... wards, it was open to the mother as natural guardian to appear in the name of the infant to protect this property from sale.... the proceedings taken by her were therefore in order.56. a similar view was taken by the patna high court in mohammed ..... for instance, clause 4, 21, 22, 31 and 41). annie besant v. narayaniah : (1913)25mlj661 .37. there has been a good deal of discussion at the bar as to what is meant by the expressions 'the british subjects' and 'his majesty's subjects', occurring in ..... competent to represent the ward was the court of wards and not the mother who made an application to set aside a sale of the said property as his next friend. it was held by mookerjee, j., that section 51 had no application to .....
Tag this Judgment!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 : (1936)70MLJ635
..... i.c. 678 where the learned judge apparently finds the distinctions free from difficulty. the proviso to section 178 of the indian contract act, before it was amended, when dealing with the pledging of goods etc., makes express provision against their being obtained from their lawful owner by an offence or fraud. in the mercantile bank of india v ..... after obtaining from the complainant his bonds on false representations and promise to return them in specie the firm sold them away to third parties and misappropriated the sale proceeds. summons was issued to the accused under sections 406 and 420 of the indian penal code and an application signed by the counsels for the complainant and ..... taken to have been on the same facts; and a part of those facts, and a very important part, that proves the guilt of the accused, was the sale of the bonds. section 403, criminal procedure code, says that:a person who has once been tried...and convicted or acquitted.... shall... not be liable to be tried again .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad353
..... marwari v. emperor 1928 106 ic 678, where the learned judge apparently finds the distinctions free from difficulty. the proviso to section 178, contract act, before it was amended, when dealing with the pledging of goods, etc., makes express provision against their being obtained from their lawful owner by an offence by fraud. in mercantile bank of india v. ..... that after obtaining from the complainant his bonds on false representations and promise to return them in specie the firm sold them away to third parties and misappropriated the sale proceeds. summons was issued to the accused under sections 406 and 420, i.p.c. and an application signed by the counsel for the complainant and the accused ..... taken to have been on the same facts; and a part of those facts, and a very important part, that proves the guilt of the accused, was the sale of the bonds. section 403, criminal p.c., says that:a person who has once been tried...and convicted or acquitted...shall...not be liable to be tried again .....
Tag this Judgment!Court : Chennai
Reported in : 163Ind.Cas.384; (1936)70MLJ477
..... transaction was there entered into by the minor himself and not through a guardian and therefore directly fell under section 7 of the transfer of property act. even in the case of a sale, the sale deed may contain or the law may imply certain covenants but the transaction does not on that account cease to be a transfer of property.29 ..... be the correct position, that covenant really imposes no additional obligation on the lessor.12. with regard to the covenant to repair the premises and keep the same in good and habitable state and condition, i refrain from saying anything on the merits, because its scope and the extent of the obligation imposed thereby will be some of the ..... in respect of the premises and to keep the lessee indemnified against any claims thereon; (c) to repair the premises both inside and outside and to keep them in good and habitable state and condition (d) for quiet enjoyment and (e) to grant a renewal of the lease at the request of the lessee made three months before the .....
Tag this Judgment!