Court : Chennai
Reported in : AIR1948Mad270; (1947)2MLJ376
..... section 3 of the police (incitement to disaffection) act, 1922, runs as follows:whoever intentionally causes or attempts to cause or does any act which he knows is likely to cause disaffection towards his majesty or the government established by law in british india amongst the members of a police force, or induces or attempts to induce, or does any act which he knows is likely to induce, any member of a police force to withhold his services, or to commit a breach of discipline shall be punished with imprisonment which may extend to six months, or with fine which, may extend to two hundred rupees, ..... of the police (incitement to disaffection) act 1922, and sentenced to rigorous imprisonment for four months by the sub-divisional magistrate, ..... can be no doubt that the general trend of the speech was not only an attack on the police but was also calculated to create disaffection among them against the government and also to incite them to go on strike. ..... my opinion it is not necessary that the words should be addressed directly to the members of the police to attract the application of section 3 of act xxii of 1922. ..... it is obvious that the speaker must have intended that his words should reach the members of the police force so that they may act according to his appeal ..... pressed before me was that the speech was not addressed to the members of the police force and the evidence shows that the only policeman present was p.w. ..... the speech would therefore fall within section 3 of act xxii of 1922 .....
Tag this Judgment!Court : Chennai
Reported in : (1904)1MLJ310
..... taken as part of the contract for the adoption, was for the minor's benfit ..... seem to indicate that in their lordships' opinion the natural father was not legally incapable of acting as guardian of his son and of making an agreement on his behalf with regard to the property to be acquired by the adoption if that is the true position, then the question in each case would be whether the agreement so made by the natural father should or should not be upheld and t.his i take it, would depend on whether the agreement in regard to the property was in itself a fair and reasonable one and one which ..... such arrangement for maintenance may be made independently of any partition and would be an act within the scope of the father's paternal authority under the law and the circumstance that the father refrains from exercising his paternal authority to the fuller extent of effecting a partition could not, in reason, detract from the validity of the arrangement made merely in respect of the maintenance of those who have a right thereto. .....
Tag this Judgment!Court : Chennai
Reported in : 49Ind.Cas.929
..... srinivasa aiyangar for the plaintiff contended, in the first place, that they constitute the widow executrix by implication as from the date of the death and purported to vest in her not only her husband's separate estate, if any, but also the zamindari itself, which, by virtue of the impartible estates act, 1904, passed on bis death by operation of law to his collateral boishnava, who was the next heir according to the custom of succession prevailing in the estate. ..... the district judge observes 'that the witness is a man of respectable position, but has been the medical adviser of the zemindar of peddakimidi for the last twelve years, and he is certainly not disinterested,' the district judge declined to act on his evidence as to the oral authority given by brojo kishore, and has observed that there was no necessity to send for the will and show it to the witness. ..... will is defined in section 3 (57) of the general clauses act, act x of 1897, as including, unless there is anything repugnant in the subject or context, 'a codicil and every writing making a voluntary posthumous disposition of property' and the word as used in section 17 of the registration act must be viewed in the light of this definition. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad639; 163Ind.Cas.149; (1936)71MLJ53
..... referring to the argument that the adoption of a daughter by a woman of the dancing girl caste should not be held to be valid because it contravenes the provisions of sections 372 and 373, indian penal code, his lordship observed as follows:the act prohibited is the disposition of a minor for the purpose of prostitution, and the reason of the prohibition is the protection of the chastity of girls under, sixteen ..... this finding is vitiated by the fact of the lower appellate court not attaching due importance to the statement of the plaintiff in the plaint that she was 25 years old and that, if that age is taken as true, it will have to be held that the gaj jala pooja or the dedication to the temple was made during the lifetime of seshachalam and not after her death and that therefore it would be apparent that the object of the adoption was to bring up the plaintiff to lead the life of a prostitute. ..... 127 and remitted the case for a finding on the question whether the adoption alleged in that case was made with the intertion of prostituting the adopted daughter even while she was a minor, and the court held that, as the adoption was made with such an intention, it would not confer on the plaintiff in that case the status of an adopted daughter or other civil ..... 393 on the broad ground that an adoption of a minor girl by a prostitute belonging to a caste which notoriously follows prostitution as a profession after the penal code came into force is a criminal act and is on that ground .....
Tag this Judgment!Court : Chennai
Reported in : AIR1941Mad597; (1941)1MLJ464
..... if the speech is read as a whole it is difficult to spell out any incitement to attack or to use force against the police, although it might cause disaffection against them. ..... this speech was certainly not intended, nor was it likely to cause disaffection among the members of the police force, although it might cause disaffection among the public against the police force. ..... the petitioner has been convicted under rule 38 of the defence of india rules for having done a prejudicial act and sentenced to imprisonment till the rising of the court and to a fine of rs. 50.2. ..... it seems to me that the speech of the petitioner did make him guilty of an offence under section 124-a of the indian penal code for sedition; but it was not a prejudicial act within the meaning of rule 34 (6) (b).5. ..... he suggests that they are acting against the workers in the interests of the capitalists. ..... the learned magistrate has not referred in particular to any of these sub-clauses; but has merely said that the speech of the petitioner is a prejudicial act which is punishable under rule 38 (5). ..... many groups of prejudicial acts are described in this rule, but the learned crown prosecutor relies on sub-clauses (b), (c), (d) and (1). ..... the learned magistrate while saying that there was a prejudicial act, does not say why.11. ..... 'prejudicial act' is defined in rule 34 (6). .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad203; (1952)IMLJ174
..... then refers to cases which have taken a broader view, vide pages 821 to 823 and the law is stated by him in these terms: 'the true effect of the constitutional amendments referred to was only to require the courts to do what they should have done without such amendments to wit; to hold that there is a taking whenever there is any injury to property other than by the police power or taxation which would be actionable if done by a private individual, that is, a tort; in other words, that ..... it runs thus:'the land-holder shall not be entitled to collect, and the provisions of chapters v and vi of the madras estates land act, 1908, shall cease to apply to, any rents or interest recoverable by the state government under sub-section (4)'.section 4 of the amending act provides for the dismissal of all suits and proceedings pending at the commencement of that act in which the land-holder seeks to establish against the state government his right to correct or to recover from a ryot the rents to which the provisions of section 3(4) of the act shall apply. .....
Tag this Judgment!Court : Chennai
Reported in : (1959)2MLJ11
..... if the magistrate is satisfied that an emergency exists and urgent orders are necessary, he can act upon the application of the police officer or upon the sworn testimony of a police prosecutor given in the witness-box or in the form of affidavits. ..... the public tranquillity. ..... but even in the case of proceedings under section 107 reports or complaints by the several prosecution witnesses on various dates regarding the past conduct of the accused and his disposition to use violence, though not substantive evidence of the matters mentioned in them, are admissible under section 157 of the evidence act to corroborate what the witnesses testify in court that the person sought to be bound over is likely to commit a breach of the peace or disturb the public tranquillity or do a harmful act that may probably occasion a breach of the peace or disturb .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad339; 1959CriLJ998; (1959)2MLJ596
..... but this does not mean that he should conduct an enquiry within an enquiry, take evidence of witness on oath and their cross-examination in the usual manner.if the magistrate is satisfied that an emergency exists and urgent orders are necessary, he can act upon the application of the police officer or upon the sworn testimony of a police prosecutor given in the witness-box or in the form of affidavits. ..... of proceedings under section 107 reports or complaints by the several prosecution witnesses on various dates regarding the past conduct of the accused and his disposition to use violence, though not substantive evidence of the matters mentioned in them, are admissible under section 157 of the evidence act to corroborate what the witnesses testify in court that the person sought to be bound over is likely to commit a breach of the peace or disturb the public tranquillity or do a harmful act that may probably occasion a breach of the peace or disturb the public tranquillity. .....
Tag this Judgment!Court : Chennai
Reported in : (1962)2MLJ241
..... pointed out above, be ordinarily made by a party who is interested, and therefore require to be very carefully scrutinised especially if, on the footing of the order which the court might pass, the purchaser considers that he is absolved from any further liability to make enquiries on his own account.the case before us itself furnishes a telling example of how imperfect the machinery provided by the act is, to find out the true position regarding the honesty and truth of the representations made to the court by a guardian who moves it under section 29. ..... we are of opinion that the effect of an order under section 31 of the guardians and wards act will not merely be to shift the burden of proof from the alienee to the minor, but, in the absence of other circumstances putting the alienee on notice of infirmities attaching to the transaction will support the alienation on the basis of the alienee having made proper enquiries before obtaining the transfer.11. ..... the distinctive feature present in the cases cited above is that in alienating the property for the purposes of the family, the manager did not repudiate any claim to act on behalf of the family or assert a hostile title to the property against the other members of the family, thus making the transaction his own and not as -representing the family.21. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1962Mad267
..... the mortgagee then raised the contention that in executing the mortgage the elder brother must be deemed to have acted as the manager of the family in that the money was raised for the benefit of the minor as well, the latter's share in the family properties being therefore bound by the mortgage.this contention was repelled by the privy council for the reason that the elder brother could not be held in the circumstances of the case to have acted as the manager of the family consisting of himself and his minor brother as he expressly purported to mortgage the property by ..... ilr 45 mad 429: air 1922 mad 135, it was held that the sanction of the court to an alienation of a minor's property by a guardian was only prima facie evidence that the transaction was a good one, but would not cure any inherent defect that might exist in it, and that it would be open to the minor to show that it was not supported by necessity or benefit and that the only effect of the order under s. ..... (13) we are, therefore of opinion that ilr 45 mad 429: air 1922 mad 135, has not been correctly decided and that the decision in ilr 50 mad 217: air 1927 mad 233, can be accepted to this extent, namely, that an order under ..... the learned judge distinguished the observations in ilr 11 call 379 (pc) as applicable to a case of mortgage, a distinction which we are unable to accept.with great respect to the learned judges who decided ilr 45 mad 429: air 1922 mad 135, we are of opinion that the effect of an order under .....
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