Court : Chennai
Reported in : AIR1918Mad264(2); 44Ind.Cas.308
..... this is an appeal from the decision of the district judge of vizagapatam, confirming the decision of the temporary subordinate court of vizagapatam awarding damages to the plaintiff against the municipal council of vizagapatam, in respect of injuries received by the plaintiff through the faulty condition of the road under the defendant's control. ..... the first is, that no suit will lie against a municipal council in respect of any such injuries; the second is that even if a suit will lie, the liability is confined to a narrow class of public or private bodies to which the defendant municipality does not belong; the third is, that the council are protected by the fact that they employed a competent contractor and that the most that can be charged against them is a non-feasance; and the fourth is, that the greater part of the damages is too remote. ..... 833 in which the court of exchequer chamber, reversing the judgment of the court of queen's bench, held the employer of a contractor liable for injury caused to the plaintiff by the contractor's failure to make good a pavement under which he had constructed a drain. ..... without such a statutory power the government could not dissolve or suspend a statutory body and it seems to me beside the question to examine, as the learned vakil has asked us to do, the sections of the act for the purpose of ascertaining the rights that are vested in government. ..... trustees port of bombay 6 ind. .....
Tag this Judgment!Court : Chennai
Reported in : (1918)35MLJ83
..... he lays stress on the provision of that section 'an appeal shall lie to the h igh court from the award or from any part of the award of the court in any proceedings under this act' and argues that the legislature in expressly saying that an appeal shall lie from any part of the award wanted to imply that the decree under appeal must be taken to be that part of it to which objection was taken by the appellant. ..... not have appealed from any part of the decree may not only support the decree on any of the grounds decided against him in the court below, but take any cross objection to the decree which he could have taken by way of appeal provided he has filed such objection in the appellate court within one month from the date of service on him or his pleader of notice of the day fixed for hearing the appeal, or within such further time as the appellate court may see fit to allow. ..... it is arguable that as the inherent powers vested in the court by rule 88 are wide enough to cover all cases of injustice, rule 22 should be confined to cases where the objection relates to the subject matter in appeal; but it is doubtful whether the party's right of invoking the aid of the court was intended to be less extensive than the right of the court to move suo motu, having regard to the language of rule 22. ..... our attention has also been drawn to a judgment of the bombay high court raghunatha v. ..... (1905) b. .....
Tag this Judgment!Court : Chennai
Reported in : (1918)35MLJ23
..... 79 should have been re-enacted in section 106 of the government of india act, 1915, because the conflict between the king's courts and the sudder courts, which was the only reason for the introduction of the section in the old act of 1800, has entirely passed away and there is no rhyme or reason in prohibiting the original side of this court from trying revenue cases, but i am not concerned with the wisdom or the policy of the legislation. ..... but upon this supposition the proviso is wholly nugatory : for if the supreme court is to enquire whether the defendants in this matter concerning the public revenue were right in the demand made, and to decide in their favour only if they acted in entire conformity to the regulations of the governor and council of bombay, they would equally be entitled to succeed, if the statutes and the charters contained no exception or proviso for their protection. ..... the words of the section seem to be quite explicit and are as follows :--' the high courts have not and may not exercise any original jurisdiction in any matter concerning the revenue, or covering any act ordered or done in the collection thereof according to the usage and practice of the country or the law for the time being in force. .....
Tag this Judgment!Court : Chennai
Reported in : (1918)35MLJ110
..... in the case in the bombay high court, the learned judges had to consider whether clause 39 of the letters patent of the bombay high court, which is in the same language as clause 39 of the letters patent of the madras high court, allowed an appeal to the privy council, for no arguments were or could have been based in the rangoon company's case on any such clause as the chief court of lower burma was not constituted under letters patent. ..... dassabhai basanji motiwala 17 c.w.n 421 it would appear that the judicial committee refused to regard the decision of the bombay high court in an appeal under section 54 of the land acquisition act as a 'judgment', 'decree' or 'order' of a high court within the meaning of clause 39 of the letters patent. ..... 42 in the first case, their lordships described an award made under the land acquisition act as the determination of arbitrators as to the value of the land taken for public purposes, and upon that ground they refused to accept the argument that once the claimant is admitted to the high court as appellant under section 54 of the act, he has all the rights of an ordinary suitor including the right to carry the award up to the board as if it were a decree of the high court made in the exercise of its ordinary civil jurisdiction. ..... (1905) m. .....
Tag this Judgment!Court : Chennai
Reported in : (1918)35MLJ473
..... (1906) a 176 that 'the recognition of a trade as inheritable property renders it necessary for the general benefit of the family that the protection which the hindu law generally extends to the interests of a minor should be so far trenched upon as to bind him by acts of the family manager necessary for the carrying on and consequent preservation of that family property; but that infringement is not to be carried beyond the actual necessity of the case,' it is in my opinion going beyond the actual necessity of the case to hold members of a ..... nattukottai chettys and their usually initiating their minor sons into the family business even before they attain majority, to the father and the son using the same chetty vilasam of 4 or 5 initials before their respective names, to the business having been carried on under that, chetty vilasam and to the 2nd insolvent-debtor's having failed to give notice of the repudiation referred to in section 248 of the contract act, the 2nd insolvent was taken in as a member of a ..... of the affidavits on record that the father and son raised rupees 3,000 on the mortgage of their ancestral house in respect of certain debts connected with the madras business and it is significant that this allegation in the affidavit on the other side has not been sought to be denied by the respondents in the evidence given before the court by ..... the bank of bombay ..... is that the covenant of a mere guardian cannot impose a personal liability on the minor ward. ..... the bank of bombay .....
Tag this Judgment!Court : Chennai
Reported in : (1918)ILR41Mad943
..... in the case in the bombay high court the learned judges had to consider whether clause 39 of the letters patent of the bombay high court, which is in the same language as clause 39 of the letters patent of the madras high court, allowed an appeal to the privy council; for no arguments were or could have been based in the rangoon company's case on any such clause as the chief court of lower burma was not constituted under letters patent. ..... 421, it would appear that the judicial committee refused to regard the decision of the bombay high court in an appeal under section 54 of the land acquisition act as a 'judgment,' 'decree' or 'order' of a high court within the meaning of clause 39 of the letters patent. ..... the powers vested in the high court not merely by the charter act and the letters patent but also by the civil procedure code, and as the provisions of the civil procedure code relating to appeals from original decrees are expressly made applicable to appeals to the high court from the award of a land acquisition judge, i should think that the words 'decree or order of a civil court' in clause (a), sub-rule 2 of rule 2 of the appellate side rules do not preclude the application of this rule to cases of appeals under section 54 of the land acquisition act .....
Tag this Judgment!Court : Chennai
Reported in : (1918)35MLJ571
..... we think it therefore necessary that we must have a finding whether at the time the acknowledgments were made by the receiver, such acknowledgments were acts necessary for the preservation of the estate, that is to say, the plaintiffs ought to satisfy the court that the receiver in making the acknowledgments was in the circumstances of the time acting bona fide for the preservation of the assets of the firm.8. ..... 198 their lordships of the privy council upheld an acknowledgment made by the court of wards as being operative under section 19 and that decision must be taken to be based on the principle that the agent mentioned therein may be one appointed under a statute and need not be appointed under contract ..... 489 supporting the same view, and there is a very recent decision of the bombay high court reported in abdulalli v. ..... compliance with the order contained in the above judgment, the temporary subordinate judge of ramnad at madura submitted that the acknowledgments by the receiver were acts necessary for the preservation of the estate, that is for the preservation of the estate. ..... that was the case of a guardian and it was ruled that the guardian appointed under the guardian and wards act was an agent within the meaning of explanation ii, if the terms of his appointment gave him authority to make acknowledgments. ..... the matter is fully dealt with by a full bench of the bombay high court consisting of the chief justice, sir lawrence jenkins, and other learned judges in annapagauda v. .....
Tag this Judgment!Court : Chennai
Reported in : 50Ind.Cas.693
..... it was only in 1908 that the jurisdiction of courts other than the district court over suits under the code was made possible, although they had exercised it under the act from the beginning; that the section of the code was expressed as mandatory and that the right of suit under the act was saved; and that one relief, the removal of a trustee, obtainable under the act from the beginning, but not, if the full bench of the court decided rightly in rangaswami naickan v. ..... assuming that the words of the religious endowments act, if it applied, would cover the case of the present plaintiffs, i have no manner of doubt that such a result was not in the least in the contemplation of the draftsman of the religious endowments act and that such a result from the wording of the definition would have been regarded as startling by everybody at the time. ..... argument in his favour has been based largely on the assumption that section 92 should be construed with reference to act xx of 1863 and by importation into it of the definition of an 'interest' which section 15 of that act contains; and, if the interest required is, in the words of the latter provision, to be ' not necessarily direct or immediate ' and may be claimed by 'any person having a right of attendance...at the performance of the worship ' of the institution, then no doubt plaintiff has an interest. ..... the bombay cases manohar ganesh tambekar v. ..... in the bombay high court, sargent, c.j. .....
Tag this Judgment!Court : Chennai
Reported in : (1919)36MLJ190
..... he there refers to the fact that in judicial decisions since the bankruptcy act there has been a tendency among courts to discuss the question whether the act had altered the old law and introduced an entirely new law with the result that the court has been drawn into questions of pressure and volition and into motive of a motive, whatever that may mean, and he lays down that the true method is to go back to the words of the statute and be guided by them ..... there the learned lord chancellor endorses the view of lord esher in the court of appeal in the same case that the question depends not on the mere fact that there has been a preference but also on the state of mind of the person who made it, and that it is not sufficient to say that the natural consequence of the act being to prefer, the intention to prefer follows ..... in the present case the evidence in my opinion does not show that the insolvent entered into these transactions with the dominant view of 'preferring the garnishees because, as is suggested, they were madras creditors whereas most of the other creditors were in bombay. ..... mehta and sons are void as not being bona fide transactions and further as constituting a fraudulent preference of that firm in that the proceeds were largely utilised for discharging certain promissory notes given by the insolvent to the firm, the insolvent was a diamond merchant in a large way of business in madras, purchasing diamonds here to a certain extent and to a much larger extent in bombay. .....
Tag this Judgment!Court : Chennai
Reported in : (1919)37MLJ256
..... under these circumstances, the possession of the court of wards must be treated as possession on behalf of the 1st defendant alone and it seems to me that there is no way of escaping the conclusion that the court of wards acting on behalf of the 1st defendant excluded the minors from any share in or possession of the estate or any properties belonging to the estate.6. ..... neither can the indian majority act be availed of for extending the age of minority of these plaintiffs to twenty-one because the provision under section 3 of that act applies only to cases where the superintendence of the minor's property has been assumed by the court of wards, and because, in this case the court of wards never assumed the superintendence of the estate of these minors, for, as it appears from the evidence, the court of wards and the collector all along consistently repudiated plaintiffs' claim to anything more than such an allowance as might be granted out of commiseration and as a matter ..... it was also contended on behalf of the appellants that the decision of the bombay high court in krishnabai v. ..... in the first place, there is really not much similarity between the facts of the two cases and the bombay case was decided under limitation act-act ix of 1871 where the starting point of limitation was from demand and refusal, and it was found that no demand or refusal had been proved. .....
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