Court : Chennai
Reported in : (1902)ILR25Mad149
..... 'hindu law and usage,' 6th edition, paragraph 603) or by renunciation on his part acquiesced in by the remaining members, provided such renunciation and acquiescence are manifested by an overt act namely, the giving him 'some trifle' out of the family property (mitakshara, chapter ii, section ii, verses 11 and 12; stokes' 'hindu law books,' page 380; manu ..... as members of a joint family.10. the mitakshara doctrine of joint family property is founded upon the existence of an undivided family, as a corporate body gan savant bal savant v. narayan dhond savant i.l.r. 7 bom. 467 and mayne's 'hindu law and usage,' 6th edition, paragraph 270 and the possession of ..... is no reported decision bearing directly on the point, peddayya v. ramalingam i.l.r. 11 mad. 406 dictum at page 408 the principle generally recognized and acted upon is that though there can be no compulsory partial partition either in respect of the joint property belonging to the family, or in respect of the persons constituting .....
Tag this Judgment!Court : Chennai
Reported in : AIR1916Mad903; 30Ind.Cas.41
..... in revision. this raises the question of the power of the high court to interfere in revision under section 115, civil procedure code, and section 15 of the charter act. section 115, civil procedure code, empowers the high court to call for any case which has been decided by any court subordinate to such high court and in which ..... the question as to whether the contract had become void or impossible of performance and whether by reason thereof the plaintiff was entitled under section 65 of the contract act to the recovery of the amount actually advanced.2. mr. t.r. ramachandra iyer, who appeared for the defendants in the lower court, states that till ..... or become impossible of performance and that consequently plaintiff was entitled to a return of the money actually advanced under the provisions of section 65 of the contract act, was never raised or was in the contemplation of the parties. upon these pleadings issues were settled and one of the issues, was whether the suit agreement .....
Tag this Judgment!Court : Chennai
Reported in : 131Ind.Cas.481
..... court extends to the determination of questions affecting persons not parties to the insolvency, has been decided in several cases under section 105 of the english bankruptcy act (1914) which corresponds to our section. in some cases the bankruptcy courts even assumed exclusive jurisdiction by the issue of an injunction. these cases are ..... in unsuitable cases. mr. srinivasa iyengar has endeavoured to show by examples the divers uses to which the section, or the corresponding section in the provincial insolvency act, has been put. in rama-somayajulu v. official receiver, godavery : air1926mad360 an issue had to be tried whether a partition had taken place or not. ..... the section must be 'property of the insolvent divisible among his creditors. if the views expressed are not erroneous, i can discover nothing in the provisions of the act to exclude the enquiry upon this score. ramesam, j., in in the matter of balusami ayyar [official assignee of madras v. ramachandra ayyar : air1928mad735 ] .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad706; (1952)IMLJ665
..... and should be honoured with food and presents. no doubt, the obligations so enumerated in the texts cannot be treated as obligatory but they are certainly acts which conduce to the spiritual welfare and contribute to the acquisition of spiritual merit in the other world. the persons who are dependants upon the last owner ..... for what are termed secular or worldly purposes. the alienations however for spiritual necessity can be justified only either if they were made for meeting the indispensable acts or duties which must be performed such as the 'shraddah' ceremonies or the marriage of the daughter and the like or even if they were made ..... benefit to the estate conferred by it must be established. the religious and charitable purposes are divided into two categories, the 'nityakarma' or obligatory acts and 'kamyakarma' or optional acts. the obligatory religious duties are the obsequies and the periodical ceremonies such as the annual ceremonies of the last male-holder, the performance of which .....
Tag this Judgment!Court : Chennai
Reported in : (1954)ILLJ457Mad
..... , giving a detailed account of what, according to the petitioners, took place. in answer to this, counter-affidavits have been filed not only by the present acting secretary of the madura mills workers' co-operative stores, ltd., but also by the deputy registrar of co-operative societies, madura, who appointed a special officer ..... the proceedings. the registrar, by his letter, dated 29 march 1951, suggested the filing of a dispute under section 51 of the madras co-operative societies act before the additional joint registrar, madras, questioning the validity of the proceedings of the general body. this was not agreed to by the madura labour union and ..... the functioning of the co-operative stores became somewhat difficult and therefore the registrar of go-operative societies, madras, took action under section 43 of the act, superseded the board of directors and appointed a special officer for a period of six months which appointment terminated on 26 december 1950. the special officer convened .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad671; (1952)1MLJ611
..... consideration e.g., a transfer made in pursuance of a compromise of a family dispute would not be a sale and might be altogether outside the provisions of the act.'far from supporting the contention of the learned counsel, it lays down that price can be the discharge of a pre-existing debt. the observations of the learned chief ..... the dower debt, when ascertained, was a debt the discharge of which will amount to payment of 'price' within tha meaning of section 54 of the transfer of property act, and therefore, the transfer for consideration of such a debt is a sale, which requires a written instrument duly registered.20. we shall now turn to the decisions of ..... reciprocal gifts but is only one contract.17. it is not necessary to refer to the various decisions, which have dealt with this question and laid down that both the acts form only one transaction and that they do not involve two reciprocal gifts.18. the ruling of the allahabad high court in 'mt. kulsum bibi v. shiamsunder lal'. : .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad741
..... bar associations of their own.this is not the place for tracing the history of these courts viz., institutions of diwani adalat, fauzdari adalat, the regulating act constituting the supreme court of judicature in bengal, the reforms of lord cornwallis, re-constitution of the adalat courts under the marquis of wellesley and the ..... of the witness to discover who he is and what is his position in life and shake his credit by injuring his character (section 146, evidence act).but unfortunately most of the accused persons are either illiterate or people unskilled in unravelling the motives, physiological limitations of the powers of observation etc., the ..... all sahiband to this mr. sundaresa' aiyar has sent a replynotice which the magistrate refused to allow tobe exhibited as coming within the mischief ofsection 126, evidence act. there is no dispute howeverthat mr. sundaresa aiyar put those questions oninstructions from the accused and in fact thiswas made out in another way, viz., the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad455
..... -479; rash behary ghose (tagore law lectures, 4th edn,, 1914). (thacker spink and co., calcutta), vol. ii, p. 777 and foll; chitaley and annaji rao's transfer of property act, a.i.r. publications, edn. 3 (section 69); gour's law of transfer in british india, edn. 6, vol. ii, section 69; and the well-known standard works on ..... -- haddington island quarry co. ltd. v. huson', (1911) 81 ljpc 94 (h)).but at the same time, it is incumbent on the mortgagee exercising his power of sale to act in good faith and he must sell as a prudent owner, intending to sell his own properly with reasonable conditions and if the state of the title justifies, to offer ..... of the mortgaged property which was necessary for the more beneficial enjoyment of the house. under the said mortgage deeds a power of sale under section 69, t. p. act has been conferred on the mortgagee, the muthialpet benefit fund ltd., who can exercise the said power in the event of default committed in the repayment of the mortgage dues .....
Tag this Judgment!Court : Chennai
Reported in : (1956)1MLJ513
..... trust providing for the management. in other words, the position of a karta which is acquired by birth and regulated by seniority, subject of course to his capacity to act, is terminable by resignation or relinquishment and is not indefeasible.15. bearing these principles is mind, if we examine the terms of the trust deed, we find clear recitals ..... have his share allocated separately from the others. girija bai v. sadhasivam (1916)31 m.l.j. 455 :1916 l.r.43 indap 151 : i.l.r. 43 cal. 1031, bal krishna v. ram krishna ; sahu v. makhna (1939) 2 m.l.j. 569 : i.l.r. (1939) all. 680, ramasubbayya v. ganapathy : air1940mad217 , ramjugheswar v. jagadhar l.r. ..... rarely have, unless he enters on the management, the means of controlling and rightly directing the actual application, and a bona fide creditor ought not to suffer when he acted honestly and with caution, but is himself deceived. in addition, the sons of subramania mudaliar, so long as the antecedent debts recited in the sale deed are not .....
Tag this Judgment!Court : Chennai
Reported in : AIR1960Mad467
..... few and practically incapable of definition. 4 halsburys 3rd edition page 211; see also ram saroop v. s. p. sahi : air1959sc951 (a case under bihar hindu religious trusts act); and also moti das v. s. p. sahi : air1959sc942 . to this class 'public' belong all trusts for charitable purposes and indeed 'public' trusts and 'charitable' ..... (6) vaiswadev sacrifice and (7) hospitality. the purtta works not only signified such works of public utility as excavation of tank, wells, etc. but included all acts which either conferred some kind of benefit on those who were in need of it, or were regarded as meritorious from the spiritual or religious point of view.from the ..... by istha is meant vedic sacrifices, and rites and gifts in connection with the same; purtta on the other hand means and signifies other pious and charitable acts which are unconnected with any srauta or vedic sacrifice. the meaning of these two expressions has been discussed elaborately by pandit pran nath saraswati, in his tagore .....
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