Court : Chennai
Reported in : AIR1945Mad500; (1945)1MLJ341
..... even in cases where the mortgagor had no title, it has been held that a person who pays off money in thebelief that his mortgagors had title, has an interest in the property and is therefore entitled to redeem under section 91 of the transfer of property act. ..... if the mortgagors had held the property under a title that was merely voidable, there would be no difficulty, because a person who acquires a right under a transaction that is voidable has a right until the transaction is declared void. ..... kuttiyil machiraniy chekaracheppan as an authority for the position that even though a person has no title whatsoever, he may redeem if he believes in good faith that his mortgagor has title.3. ..... litigation that the plaintiff's mortgagors had no right to the property on the date of the mortgage, yet the plaintiff was a person interested, because he made the payment in good faith, believing that his mortgagors had title. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1935Mad850; 158Ind.Cas.535; (1935)69MLJ691
..... as follows:where goods are sold by a person who is not the owner thereof and who does not sell them under the authority or with the consent of the owner,, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell.3. ..... with the consignment respondent sent to laing the consignment notes which served as documents of title to the cocoa, but as respondent and laing had not yet by the time of the sale to the appellant come to any agreement as to the price laing should pay, it was held that there was no contract of ..... undisputed facts are as follows:appellant was the original owner of the bus and had in his possession the registration certificate, which is practically equivalent to a title-deed, and a 'g' permit by virtue of which he was empowered to ply the bus for hire. ..... , though the property in the cocoa had not passed to laing, the appellant's title was affirmed upon the principle of lickbarrow v. ..... , fletcher and laing were in a position to dispose of the goods and as it was this direct act which gave them that authority, the owners were naturally held to be precluded by their conduct from denying the title of fletcher and laing to sell.11. ..... decreed in favour of the plaintiffs and it was held in the course of the judgment by lord halsbury that 'the true owner, having enabled fletcher to hold himself out as the owner, could not set up his title against that of the purchaser.'8. .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad26
..... of four out of fourteen items of the lands 1 to 14, obtained possession of them and re-mortgaged the whole fourteen items to fifth defendant in 1876, he must not be regarded as having had exclusive possession for a period sufficient to give him a title against the first three defendants to the equity of redemption of the property.8. ..... he must make out his title, and the only way he can do so is under section 28 of the limitation act already quoted--gossain doss chundu v. ..... to show that the title of the first three defendants has determined and that he has held possession of an adverse character for more than twelve years, he points to the receipt of rents from the mortgagee from 1864.17. ..... there can, therefore, have been no such adverse possession in plaintiff following his action in 1870 and 1876 as could give him a title to the property by prescription.14. ..... the district court, in its revised judgment, affirmed that of the district munsif holding that plaintiff had not established an exclusive possession of the property such as to entitle him to set up his possessory title as against that of defendants.6. ..... now, what is the title he claims? ..... it is a title to the property. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad376; (1950)IIMLJ442
..... learned counsel also urges that if there were some minor inams as well as a major inam at the time of the inam commission, which were all dealt with by separate title deeds, it does not necessarily follow that the grant of the major inam should be regarded as not that of a named but only as that of a specfied portion ..... case before that learned judge, there was no clear indication that out of the different blocks dealt with by different title deeds, any inams were in existence at the time of the inam commission proceedings which came in for deductions. ..... the grant may be so expressed either in the original deed of grant or in the title deed of the inam commission, or the nature and scope of the grant may have to be inferred in a particular ..... me neither the original grant nor even the title deed issued by the inam commission has been ..... that the judgment concerned had to deal with different blocks of land in one and the same village, which were dealt with by different title deeds at the time of the inam commission. ..... inam village of which the grant has been made confirmed or recognised by the british government, notwithstanding that subsequent to the grant, the village has been partitioned among the grantees or the successors in title of the grantee or grantees. ..... expressed to be of a named village but of a particular block of land in the whole village, of which there happened to be two other blocks which were the subject matter of two other grants evidenced by two other title deeds. .....
Tag this Judgment!Court : Chennai
Reported in : [1983]141ITR620(Mad)
..... we are satisfied that both on principle and on authority any legal expenditure incurred by an assessee to protect the source of his income or the title to his business or to preserve or maintain his business assets must be regarded as expenditure incurred wholly and exclusively for the purpose of his business and, therefore, eminently allowable as a deduction for the purpose of computing the profits ..... 601 (supra) a bench of this court had occasion to go in to the question whether litigation expenditure incurred by a taxpayer for protecting title to his capital asset in his business is or is not a revenue item of expenditure. ..... he put the same argument in another way by saying that the expenditure was not incurred wholly and exclusively for the purpose of the assessee's business, but on a resolution by the court of a dispute over title to property subsequent to the dissolution of the partnership. ..... between expenditure incurred for the acquisition of a capital asset as well as expenditure incurred for the substantial expansion or improvement of a capital asset on the one hand, and expenditure incurred for merely protecting and maintaining the title to an existing capital asset on the other. ..... that was a case where a company carrying on business in england incurred expenditure in defending its title to property situated in the united states. .....
Tag this Judgment!Court : Chennai
Reported in : 76Ind.Cas.756; (1923)45MLJ409
..... subramania iyer who brought about this agreement are strongly relied upon by the respondent : but, as the agreement makes the purchase of the house subject to the title being approved by the purchaser's vakil, it is to my mind perfectly clear that the commission agent knew of those terms being incorporated in the agreement and that the incorporation of them goes very strongly to show that those ..... why should the principal agree to pay a heavy commission dependent on the amount of the purchase price for the settling of a price as between him and somebody who has no title or whose title is such that his vakils advise him not to become the purchaser? ..... it was one of the terms of that contract that the title to be adduced by the vendor should be submitted to mr. ..... radhakrishnayya and that his decision was to be final as to whether the title was good or bad, and the whole contract between the vendor and the purchaser was subject to the title being approved by mr. ..... to that contract as evidencing the terms of the contract between the plaintiff and his principal, it is impossible to take part of that contract, and it follows, in my judgment, that that contract too was subject to the approval of the title. .....
Tag this Judgment!Court : Chennai
Reported in : 1998(1)CTC477; (1998)IIMLJ351
..... whether the courts below erred in law in declining to go into the question of title even though the suit is one for injunction?2. ..... regarding the objection that since the present suit is only for bare injunction, there is no need to go into title, i am of the view that if sufficient proof is there on the side of the plaintiff with regard to his title apart from considering the evidence leading to injunction, it is open to the courts to go into the title incidentally. ..... hence for the purpose of finding out whether the plaintiff has got right to lawful possession, so as to maintain that possession the question of title can certainly be gone into. ..... i have already observed that both the courts below rejected the documents produced on the side of the plaintiff either as unacceptable or there is no need to go into the title even incidentally. ..... both the courts below after holding that since the plaintiff has come forward with a claim for bare injunction, there is no need to go into the title even incidentally. ..... he also submitted that while considering the issue relating to injunction, it is open to the court to go into title incidentally. .....
Tag this Judgment!Court : Chennai
Reported in : (1964)1MLJ431
..... it will be perfectly clear to them, from the words enclosed in brackets as a sub-title, that they were acquiring, not the original work, but a 'guide for university students'. ..... it has been clearly laid down that there is no copyright in a 'title ' as such, since this is not substantial enough to merit the claim to protection. ..... questions have arisen whether there could be copyright in a title to a work; and whether there could be copyright in a particular arrangement of a pre-existing non-copyright material, or the publication verbatim of speeches delivered by another. ..... as we have earlier affirmed, there is no copyright in the title and purchasers, whether of the original work or of the guide, are most unlikely to be illiterate, or unacquainted with english. ..... learned counsel contends that the title ' a passage to india ', is itself symbolic; much, more is meant than the mere ship's passage which enabled fielding to come and stay in india for some time, and what the author had in mind was the ..... finally there are ' general essays ' upon such subjects as forster's conceptions and philosophy of life, the racial issue involved in the novel, the element of religious symbolism in it, and the significance of the ' title'. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1966Mad315
..... the learned judges observed:-"if by reason of any omission it appears later that their title in the property is incomplete, that is their concern and they run the risk with open eyes"this passage clearly indicates that if the person surrendering the interest does not join the instrument, then the reference to the surrender is merely a narrative of the origin of title and the document could not operate of its own volition as a gift. ..... following this settlement or gift, which created the necessary title in the four sons, the four sons proceeded to divide the properties among themselves. ..... in the earlier parts of the document, the title of mohamed yoonus sait was traced to these several items of properties. ..... that would be a narrative explaining the source of their title but would not be a record of a disposition. ..... but here is an instrument which records the terms of such disposition, to which instrument the settlor or the donor is himself a party, admittedly joining in the execution of the instrument for the purpose of "declaring and confirming" the title so created in favour of the sons. .....
Tag this Judgment!Court : Chennai
Reported in : (1923)45MLJ516
..... the district munsif has held that the plaint id has lost his title to the ring and the district judge has held to the contrary, and on appeal krishnan, j. ..... 140 the principle being that if there is a sale or pledge to a bonafide purchaser or pledgee for value by one who has no title, if that person subsequently obtains a title, it enures to the benefit of the purchaser or pledgee.11. ..... it follows that at the date of the pledge to the and defendant the 1st defendant had a good title to the ring and the plaintiff had none; or that at feast on the date of the adjudication the plaintiff gave up all further interest in the ring and that if the 1st defendant had no title at the date of the pledge he got one on the date or adjudication on the principle of feeding the title as it is called in white horn brother v. ..... 584 or forwarding title as it is called by phillimore, j., in 97 l.t. .....
Tag this Judgment!