Court : Chennai
Reported in : AIR1935Mad402
..... these are appeals from an order of the subordinate judge of palghat appointing a receiver in a suit for partition of a marumakkathayam tarwad this suit was filed in november 1933 three months after the madras marumakkathayam act (22 of 1934) which gives a right of the members of such a tarwad to claim partition, came into force. ..... with regard to this, i am unable to see that there has been any neglect of duty by defendant 1 in this respect because it appears that, the kanom tenants were under a contract between themselves and the tarwad to pay the government revenue and it seems that defendant 1 had great difficulty in getting them to make these payments and indeed had to request government to take coercive action against them. ..... the first defendant had only been a few months in management of the property and whatever may have been the acts of management by the previous karnawan, in my opinion, too short a time had elapsed in which to test the first defendant's conduct. ..... the plaintiffs, eleven in number, belong to a sub-branch of one of the sub-branches, itself a partible unit under the act they sue for partition of their share. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1973Ker149
..... it is admitted that the members of the family are governed by the madras marumakkathayam act, 1932 and the madras marumakkathayam (removal of doubts) act of 1955 (madras act 32 of 1955). ..... air 1960 sc 1080 and the supreme court declared that the madras act 32 of 1955 is void and ultra vires the constitution, the decision of the supreme court was rendered on 4th may, 1960. ..... under the madras marumak-kathayam (removal of doubts) act, 32 of 1955 every sthanam possessing one or other of the three characteristics mentioned therein shall be deemed and shall be deemed always to have been the properties belonging to the tarwad. ..... sanction from the district collector is necessary for leasing private forests under the provisions of the madras preservation of private forests act. ..... the validity of the madras act 32 of 1955 was challenged before the supreme court in kochuni v. ..... the .suit when it was filed in 1956 was based on the provisions of the madras act. ..... the suit as originally instituted, was for partition, and separate possession of the plaintiffs share in plaint bl to f schedule items based on the1 madras marumakkathayam (removal of doubts) act (act 32 of 1955). ..... in view of that decision, the claim of the plaintiff based on madras act. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1957Ker178
..... the plaintiffs 1 to 4 and the defendant comprises a marumakkthayam thavazhi governed by the madras marumakkathayam act. ..... the defendant on the other side no doubt gave evidence about the need he felt of renovating the building and effecting the improvements thereon on account of the occasional visits of his barrister son-in-law, from madras and how his daughter had given him about rs. ..... the court below relied on this admission to hold that the acquisition was in the nature of a puthravakasam gift in favour of makkom and her descendants in the female line.for, the law alike in malabar, and travancore, though differently from cochin is well-settled that the presumption in cases of gift of this character is that the property enures to the thavazhi and is not in the nature of a tenancy-in-common as among the donees. ..... the court below found that item 1 of the bschedule was thavazhi property and partible as such and that it was the 1st plaintiff's husband and not the defendant who effected the improvements in that item and that too in the circumstances alleged by the plaintiffs and the plaintiffs were accordingly entitled to the reservation thereof in the partition allotment. ..... but this clearly is not a circumstance referred to in section 17 of the evidence act which will hinder a statement from being regarded as an 'admission' under law.the defendant had also executed ext. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC725; [1959]Supp(2)SCR316
..... the madras marumakkattayam act (mad. ..... immediately after the passing of the impugned act, the madras marumakkathayam act, 1932, became applicable to the petitioners' sthanams and the petitioners' properties became subject to the obligations and liabilities imposed by the last mentioned act. ..... explanation - all words and expressions used in this act shall bear the same meaning as in the madras marumakkathayam act, 1932 (madras act xxii of 1933).' 5. ..... the assent of the president to the bill was obtained on october 15, 1955, and the act intituled 'the madras murumakkathayam (removal of doubts) act, 1955' being madras act 32 of 1955 and hereinafter referred to as the impugned act, was published in the official gazette on october 19, 1955. ..... of the tarwad, or (b) the members of the tarwad have been receiving maintenance from the properties purporting to be sthanam properties as of right, or in pursuance of a custom or otherwise, or (c) there had at any time been a vacancy caused by there being no male member of the tarwad eligible to succeed to the sthanam, shall be deemed to be and shall be deemed always to have been a marumakkathayam tarwad and the properties appertaining to such a sthanam shall be deemed to be and shall be deemed always to have been properties belonging to the tarwad to which the provisions of the madras marumakkathayam act, 1932, (madras act ..... xxii of 1932) passed by the madras legislature came into force on august 1, 1933. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1972Mad10; (1971)IIMLJ220
..... 1956, the madras marumakkattayam act of 1932 will continue to have operation in territories which have been taken away from the composite state of madras and added to the kerala state subject to such adaptations and modifications as may be made by the kerala legislature in relation to such territories. ..... for the petitioner, that the law applicable to the parties herein is only madras marumakattayam act, 1932, as enacted by the madras legislature, that the subsequent amendments made by the kerala legislature in that act in its application to certain areas which are now in kerala state but originally formed part of the composite state of madras, cannot be made applicable to the residuary state of madras, that the amendments introduced by the kerala legislature will be operative only within the state of kerala and not in relation to persons residing within the state of madras and governed by the provisions of madras act as passed by the madras .....
Tag this Judgment!Court : Kolkata
Reported in : 1988(18)ECC180
..... . in that case, the words 'including in particular' or the meaning thereof, in moplah marumakkattayam act, 1939 were considered and the division bench of the madras high court has observed that where the expression used in a section is merely 'including' it does not have a restrictive operation and confine the scope of the section only to those things specified in the words following ..... andhra pradesh came into existence, the legislature of that state enacted act xiv of 1955, whereby it amended section 5 of the madras general sales tax act by adding as item (viii) to the following effect:--(viii) raw tobacco (except country variety thereof) whether cured or un-curred, shall be liable to tax under section 3, sub-section (1) only at the point of the first purchase effected in the state of andhra by a dealer who is not exempt from taxation under section 3, sub-section (3) but at the rate of seven and ..... air 1964 sc 1729, which was one where the provisions of madras general sales tax act, 1939 and the madras general sales tax (turnover and assessment) rules, 1939 were being considered and while dealing with the validity of the taxation on raw hides and dressed hides and skins and if they constitute different commodities for the purpose of tax, the supreme court has observed that raw hides and skins and dressed hides and skins constitute .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad188; (1952)1MLJ53
..... chandrasekhara thevar', ilr 1948 mad 505, did not go to the extent of holding that an application under section 19 of the madras agriculturists relief act is one relating to the execution of the decree in order that all the other provisions of the code regarding executability of the decree should apply to that application. ..... ayissa bi', 1949-2 mlj 493, where the facts were these: the decree-holder attempted to attach the share of a member of a mappilla marumakathayam tarwad and because of the law regarding impartibility then in existence it was not allowed, though by the time the order had been passed, the madras mapilla marumskathayam act which allowed partibility had been passed by the legislature. ..... while this appeal was pending, the present respondent filed an application under section 19 of the madras agriculturists relief act for scaling down the decree and both the lower courts held that the decree has to be scaled down. ..... the order was one passed under section 20, madras agriculturists relief act, by which the judgment-debtor requested the court to postpone the execution of the decree in order to enable him to file an application for scaling down the decree. ..... chandrasekhara thevan', ilr 1948 mad 505, and it seems to us that their lordships did not hold that an application under section 19, madras agriculturists relief act, is one relating to execution of the decree. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1989(3)Crimes759(SC); JT1989(4)SC366; 1989(2)SCALE1083; (1990)1SCC328; [1989]Supp2SCR105
..... 2 scr 316, where the grievance of the petitioner was that the madras marumakkathayam (removal of doubts) act, 1955 (act 32 of 1955), provided in section 2 of the act that notwithstanding any decision of court any sthanam which fulfilled the conditions stated in the section shall be deemed to be and shall be deemed always to have been properties belonging to the tarwad to which the provisions of the madras marumakkathayam act, 1932 shall apply, and thus, unlike other acts that contemplated some further action to be taken by the state after the enactment had come into force, automatically took ..... section 10 of the act provides for reference to the advisory board and says:in every case where a detention order has been made under this act, the government shall within three weeks from the date of detention of a person under the order, place before the advisory board constituted by them under section 9, the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in the case where the order has been made by an officer, also the report by such .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker195
..... 'the right to intestate succession has hence to be resolved under chapter iv of the madras marumakkathayam act, 1932, the provisions of that chapter make it quite clear that the contention cannot he sustained. 19. ..... under the english law, prior to its modification by section 184 of the law of property act, 1925, 'the onus probandi lay on the party asserting survival, concurrent decease or predecease' (halsbury's laws of england, 3rd edition, vol. ..... the lower court held: 'in the result the suit is decreed, declaring the rights of the plaintiffs to the share of pokkan, allotted to him under the will evidenced by exhibit a1. ..... if pokkan could not inherit or form the stock for a fresh line of descent, then the only further question that arises for consideration is whether the respondents can claim directly from kunker on the basis of the following provision in ext. a1. ..... state of uttar pradesh, (s) air 1957 sc 366, the maxim falsus in uno falsus in omnibus does not occupy the status of a rule, of law and is merely a rule of caution, and with due deference to the caution administered by the maxim, we are still of the opinion that the evidence of dw. ..... it is equally clear that no title to the estate of the person murdered can be claimed through the murderer, that the murderer cannot be regarded as a fresh stock of descent. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1968Ker12
..... here again, there would be no question of section 32 coming into play -- the proviso thereto which contemplated the issue of a deceased child, whether male or female, taking the share the child would have taken, precludes the construction that the section only plays the part played by the proviso to section 48 of the madras marumakkathavam act which enjoins a division per stirpes instead of the per capita division of real tarwad property. 18. ..... as makkathayam and in malabar as puthravakasam are ordinarily intended to benefit all the children of the donor by the same mother, the properties which form the subject of rift, though usually registered or acquired in the name of the mother, are held by the mother and children in common under the management of the mother or the next senior competent male or female among the donees, the manager of such properties acts for the benefit and as trustee of all parties interesed in the properties and compulsory partition of such joint or common properties cannot be allowed ..... the gift can be to the named donees as representing the thavazhee of the wife as contemplated by section 41 of the nayar actand section 48 of the madras marumakkathayam act. .....
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