Court : Chennai
Reported in : 20Ind.Cas.546; (1913)25MLJ162
..... and they said that they were 'compelled to decide in favour of the view of the calcutta high court and against that of the high court of bombay,' in deciding against the view of the high court of bombay, they decided against the argument on which the appellant relied. ..... the present case is distinguishable from the decision of the privy council above referred to inasmuch as the cause of the loss in the present case, it was contended, falls under the denomination of the unseaworthiness of the boats, and that though the clause in question must (in accordance with the said decision of the privy council) be taken to be sufficient to protect the shipowners against the fraud of their agents, it is not sufficient to protect them against the unseaworthiness of the boats in which the goods are placed when they are taken out of the ship in order to be carried to the ..... are: --(a) whether they are common carriers,(b) whether the english common law relating to carriers by sea applies to them or the provisions of the indian contract act relating to bailees,(c) if the english common law applies to them, whether the defendants are wholly absolved from liability for the loss caused by the negligence of their agents employed to carry in boats the goods of the plaintiff (consignee) from the mooring place of the steamer to the plaintiff's jetty in the port of cochin, owing to the defendants' having protected themselves from liability from ..... (1905) m. ..... (1905) m. .....
Tag this Judgment!Court : Chennai
Reported in : (1915)ILR38Mad438
..... the distinction between section 19 and section 20 of the limitation act makes the matter still clearer-it is hardly necessary to discuss the question fully because it has been fully discussed in the judgments of the bombay and calcutta courts whose decisions i ..... is a preliminary objection that section 69 of the presidency small cause courts act (xv of 1882) does not provide for the reference made to us, but in my opinion when two or more judges of the small cause court are sitting together for the purpose of exercising the jurisdiction conferred by section 38, they are sitting in a suit within the meaning of those words in section 69. ..... i think it may be open to doubt as to what exactly the learned judge means but so far as it appears from the report, i think it would not be wrong to hold that he, at any rate, and the majority of the judges of the court were considering only the cases in which the signature to the entry of part-payment is made by the mark of a person unable to write. ..... it seems that, so far as i know, there have been no cases in this court to the contrary; and we ought therefore to hold that in the case of part-payment of the principal of a debt, where the payment is made by a person who knows how to write, the section requires that the entry recording the payment should be written by the person who makes the payment.4. ..... in the case of a debtor who knows how to write i am prepared to accept the view of section 20 which is taken by the high courts of bombay and .....
Tag this Judgment!Court : Chennai
Reported in : AIR1914Mad281; (1915)ILR38Mad500
..... , which provides that 'in the administration by the court of the property of any deceased person, if such property proves to be insufficient for the payment in full of his debts and liabilities, the same rules shall be observed as to the respective rights of secured and unsecured creditors and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities, respectively, as may be in force for the time being, within the local limits of the court in which the administration suit is pending with respect to the estates of persons adjudged ..... we consulted the administrator-general with regard to the practice and he has ascertained that the practice in bombay and calcutta is the same as here. ..... the words of order xx, rule 13 of the code of civil procedure, are almost, word for word, the same as section 10 of the judicature act of 1875. ..... prakasam who appeared for the appellants laid stress on the fact that under the indian succession act, as he contended, this estate became vested in the administrator-general. ..... peters died intestate and letters of administration were granted to the administrator-general, thereupon it became his duty under section 28 of the administrator-general's act (ii of 1874) to distribute the assets. ..... the policy of the law in connection with insolvent estates of deceased persons is indicated by sections 107 to 111 of the presidency towns insolvency act, 1909. .....
Tag this Judgment!Court : Chennai
Reported in : (1915)ILR38Mad550
..... the authorities on the subject are not uniform; but it appears to be the view of both the bombay and calcutta high courts that the failure by a court to administer oath or affirmation to a witness does not render the evidence of that witness inadmissible. ..... these witnesses, who are aged eight and six years, were not affirmed or sworn by the sessions judge; and it is argued by the appellant's vakil that their evidence is on this account inadmissible and should be excluded from consideration. ..... we are, at the same time, constrained to point out that section 5 of the oaths act is imperative; and if a court holds that a witness may lawfully be examined or give or be required to give evidence (in other words, is competent to testify) it is the duty of the court to administer oath or affirmation to that person before recording his evidence. ..... it is only in the allahabad high court that the opposite view has prevailed, vide queen-empress v. ..... 4 and 5, who say they awoke in the middle of the night and saw the appellant cutting his wife's throat. ..... [the court then proceeded to deal with the facts. ..... we see no reason for not acting on the evidence of the children.5. ..... in reply to this the public prosecutor relies on section 13 of the indian oaths act.2. ..... even if that evidence were left out of account there remains sufficient circumstantial evidence to warrant the inference that the appellant murdered his wife. ..... , in the only reported case of this court-queen-empress v. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad711; (1914)27MLJ156
..... legislative enactments as we have to deal with and as govern the rights of the parties in the present case proceed on the basis that the courts have to give their decisions in accordance with the law as delivered to them for administration by their sovereign and that the law so delivered to them consists of that law which the parties as a matter of fact by their customs and usages have adopted, not the law which the court either by a consideration of the historical circumstances relating to the parties, or of their religious books or otherwise should consider ..... '' the prevalence of a custom amongst the governed may determine the sovereign, or some political superior in subjection to the sovereign, to transmit the custom into positive law'; and concludes that the policy leading to such enactments as the charters of the high court, or the civil courts acts '' proceeded upon the broad, easily recognisable basis of allowing the newly conquered people to retain their domestic usages. ..... as the privy council have not given reasons for differing from the series of decisions pronounced by the allahabad and the calcutta high courts it is only possible to fall back on previous decisions in order to discover the principle underlying the rule of law enacted specifically in the madras civil courts act and held by the privy council to be applicable notwithstanding that it finds no explicit mention in the act with which they were dealing. ..... of the supreme court of bombay in hirbae and ors. v. .....
Tag this Judgment!Court : Chennai
Reported in : (1914)26MLJ616
..... the provisions of the transfer of property act do not in terms apply to certain classes of leases, and yet courts have been guided by the principles contained in the act, in deciding these cases. ..... we reverse the decree of the district judge, but as it was necessary to come to court in order that the testament may be construed properly we direct that the costs of all parties here and in the court below do come out of the estate. ..... but where the words are consistent with the creation of an interest which the law ordinarily gives to females, then the rule of law is that the testator intended to conform to the principles of law by which the parties, in the absence of a testamentary disposition, are governed. ..... it has been held in all the courts in india that a remote reversioner can sue for a declaration when the presumptive reversioner is either colluding with the alienee or is not interested in seeking to set aside the unlawful dealings of the widow in possession. ..... ranimoni dassi that hindu wills should be construed relative to the notions of hindus respecting the rights of donees under the hindu law and in a case very similar to the present one it was held that the use of the word ' malik (owner) did not confer an absolute estate on the widow motilal mithaial v. ..... the advocate-general of bombay i.l.r. .....
Tag this Judgment!Court : Chennai
Reported in : 24Ind.Cas.796
..... we reverse the decree of the district judge, but as it was necessary to come to court in order that the testament may be construed properly, we direct that the costs of all parties here and in the court below do come out of the estate. ..... the provisions of the transfer of property act do not in terms apply to certain clauses of leases, and yet courts have been guided by (he principles contained in the act in deciding these cases. ..... but where the words are consistent with the creation of an interest which the law ordinarily gives to females, then the rule of law is that the testator intended to conform to the principles of law by which the parties in the absence of a testamentary disposition are governed. ..... it has been held in all the courts in india that a remote reversioner can sue for a declaration when the presumptive reversioner is either colluding with the alienee or is not interested in seeking to set aside the unlawful dealings of the widow in possession. ..... that hindu wills should be construed relative to the notions of hindus respecting the rights of donees under the hindu law : and in a case very similar to the present one it was held that the use of the word malik (owner)' did not confer an absolute estate on the widow : motilal mithalal v. ..... advocate-general of bombay 11 ind. .....
Tag this Judgment!Court : Chennai
Reported in : 24Ind.Cas.528
..... neither of the lower courts has alluded to the madras, civil courts act, section 16 of which lays down : 'where, in any suit, or proceeding, it is necessary for any court under this act to decide any question regarding succession, inheritance, marriage, or caste, or any religious usage, or institution,(a) the muhammadan law in cases where the parties are muhammadans, and the hindu law in cases where the parties are hindus, or(b) any custom (if such there be) having the force of law and governing the parties or property concerned, shall form the rule ..... of the supreme court of bombay in hirbae v. ..... legislative enactments as we have to deal with and as govern the rights of the parties in the present case, proceed on the basis that the courts have to give their decisions in accordance with the law as delivered to them for administration by their sovereign and that the law so delivered to them consists of that law which the parties, as a matter of fact, by their customs and usages have adopted, not the law which the court either by consideration of the historical circumstances relating to the parties, or of their religious books or otherwise, should consider .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad110; (1914)27MLJ400
..... again, if the administrator-general's act has to be read subject to the provisions of the probate and administration act, section 4 which vests the property in the administrator will apply; and also section 90 which restricts the power of an administrator to dispose of property by way of sale or mortgage without the previous permission of the court must be applied. ..... the appellant's pleader, in his arguments, has raised the following questions:--(1) was the sale by the administrator-general after the 1st defendant attained majority and without the orders of the court a good and valid sale (2) did the property vest in the administrator-general by virtue of the letters of administration and (3) did the property vest in any other members of the family ?4. ..... by section 2 of the hindu wills act (xxi of 1870), section 179 of the indian succession act was applied to the wills of hindus in the towns of bombay and madras and was again repealed by section 154 of the probate and administration act. ..... 2300 in order to recover the commission due to him for the administration of the estate, and a sale deed was executed on the 1st august 1905 to that defendant. ..... on the same day he mortgaged a house belonging to the estate of his deceased father in favour of the 3rd defendant; and on the 26th april 1905 he sold the same house to the plaintiff for rs. ..... subsequently in july 1905 the administrator-general at the 1st defendant's request sold this house to the 2nd defendant for rs. .....
Tag this Judgment!Court : Chennai
Reported in : (1915)ILR38Mad1134
..... observed in this connection that according to the practice of the english court of probate the administrator would have power to deal with everything that is covered by the grant without obtaining the special sanction of the court, although the administrator-general's act does not, in express words, state that all the properties over which the administrator-general has obtained letters of administration vest in him, section 33 contemplates the fact that estates may be vested in the administrator-general by virtue of letters of administration, in the absence of any words of limitation in this ..... by section 2 of the hindu wills act xxi of 1870, section 179 of the indian succession act was applied to the wills of hindus in the towns of bombay and madras and was again repealed by section 154 of the probate and administration act, the result of this is that, so far as the wills of hindus are concerned, section 179 which vests the estate of a deceased hindu in his administrator does not apply, although certain other sections of the indian succession act do apply to wills of hindus; but the present case, being a case of intestacy, will ..... 2,300 in order to recover the commission due to him for the administration of the estate, and a sale-deed was executed on the 1st august 1905 to that defendant. ..... on the same day he mortgaged a house belonging to the estate of his deceased father in favour of the third defendant; and on the 26th april 1905 he sold the same house to the plaintiff for rs. .....
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