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Tiruchendur Sivathwaja Matam Through Huqdars and ors. Vs. Sami Bhattar ...
Court : Chennai
Reported in : (1949)1MLJ448
Rajagopalan, J.1. The short point for determination was whether the brother's daughter or the brother's daughter's son was the preferential heir to the estate of the late Subbiah Bhattar. The Hindu Law of Inheritance (Amendment) Act (II of 1929) enumerates certain classes of heirs specifically and gives them a defined place in the order of preference for purposes of inheritance. It may be that the logic that underlay that statutory change in the order of inheritance may justifiably be extended to provide for propinquity and not sex as the deciding factor for establishing rights of inheritance; but the statutory provisions specifically enumerating specified classes of heirs cannot be extended in that manner by Courts. It is for the Legislature to decide whether a brother's daughter should be given precedence over a brother's daughter's son.2. Act II of 1929 as the basis of the appellants' claim does not avail. There can be no other legal basis either. The learned advocate for the appell...
Tag this Judgment!The Province of Madras Vs. the Firm of Kanigolla Sivalakshminarayana a ...
Court : Chennai
Reported in : (1949)1MLJ530
Govinda Menon, J.1. The judgment which my learned brother is about to deliver, which I have, with advantage and pleasure read before-hand, deals with adequate particularity of detail the questions in issue and therefore I propose to add only a few words as regards the legal question arising in the case.2. Though fiscal statutes resembling the Madras General Sales Tax Act of 1939, had been in vogue in at least three of the Nations constituting the British Commonwealth before the enactment of the Act in question by the Madras Legislature, and General Sales Tax Acts were in force in about 25 States of the U. S. A. as well as in various European countries, our attention has not been drawn to any provision of an enactment similar to Section 8 of the Statute which we have to interpret. Such being the case, the decision on the point should rest solely on the interpretation of the words of the section unhampered and uninfluenced by any notions of things prevalent in other countries.3. A strict...
Tag this Judgment!Kedarmal Vs. the Crown
Court : Rajasthan
Reported in : 1950CriLJ799
ORDERRamabhadran, J.C.1. The petitioner was convicted by Mr. E. D. Mehta, First Class Magistrate, of an offence under Section 326, Penal Code, and sentenced to undergo 6 months rigorous imprisonment. An appeal was dismissed by the learned Sessions Judge. Hence this revision petition.2. Mr. C. P. Mathur for the petitioner, argued firstly that the offence, if any, was one Under Section 321, Penal code and not Under Section 326. He elaborated this point by reference to the statement of Dr. Srilal, Sub-Assistant Surgeon, to the effect that there were no marks of disfiguration on ML Gyarsi's nose unless it was carefully examined. The Injury Export Ex. 6 shows a cut 1' x 1/2' x 1/2' on the bridge of the nose, Dr. Srilal was examined as P.W. 4 on 8th June 1948, when ho stated that the above-named injury was a grievous one and had been caused by a sharp weapon like a' razor or a knife. He added that the internal wall separating the two nostrils was intact. I do not agree with the learned Couns...
Tag this Judgment!Mohd. Hanif Vs. Rex
Court : Allahabad
Reported in : AIR1952All578
ORDERKidwai, J. 1. This is an appln. for revn. of of an order passed by a Magistrate, first class, in the district of Rae Bareli directing confiscation of some parcles of cloth.2. The facts are that on 27.2.1947, two suit cases & two bundles of cloth were discovered in a house belonging to the applicant. A case was started against him for contravention of Section 18, Sub-section (2), Cotton Cloth & Yarn Control Order, 1945 & Section 6, Sub-section (4), Rae Bareli Town Rationing Order, 1945, read with Section 17/7 of Act XXII [24] of 1946, namely, the Essential Supplies (Temporary Powers) Act. On 25-4-1947, Mohammad Hanif pleaded guilty. He was convicted & sentenced to pay a fine of Rs. 100. On the game date a separate order was passed by the learned Magistrate forfeiting the cloth to His Majesty. On 15-10-1947, Mohammad Hanif applied to the District Supply Officer, who was the same gentleman as the Magistrate who had disposed of the case praying for return of the cloth. The file was th...
Tag this Judgment!Birendra Nath Roy Vs. Sm. Sukumari Bakshi
Court : Kolkata
Reported in : AIR1952Cal352
ORDERSen, J.1. This Rule has been obtained by the deft, in a suit for rent. The plff. sued the deft. for rent at the rate of Rs. 9-4-0 per month for the period Kartick 1350 B. S. to Sravan 1352 B.S. She has given the deft, credit for the sum of Rs. 4-14-9 being the amount paid by him.2. The plff's. case is that the deft, is her tenant at the rate of rent stated above & that he has fallen into arrears which she claimed.3. The defence in the written statement was a very elaborate one & I must confess far from convincing. The deft, stated that he borrowed one thousand rupees from the plff's. husband. In order to avoid the provisions of the Bengal Money Lenders Act the wife of the deft., Surabala, & one Nani-bala, the widow of the deft's. brother, executed a fictitious kabala on 17-6-1942 in favour of the plff. for the sum of Rs. 1,000/- transferring the property in respect of which rent is claimed to the plff. One month thereafter the deft. Birendra Nath Roy executed another fictitious do...
Tag this Judgment!J.H. Amroon Vs. R. Sassoon
Court : Kolkata
Reported in : 1949CriLJ1006
ORDERBlank, J.1. This Revision arises from an order of the learned Chief Presidency Magistrate of Calcutta raising maintenance from Bs. Vi to Es. 60 per month with effect from the month of September 1948, the application for alteration of the allowance having been made on 31et August 1948. It appears that the petitioner had an illegitimate child and that in the proceedings in the Presidency Magistrate's Court in 1935 he was ordered to pay Rs. 10 per month for the ncaintenance of the child as from the date of fling of that case. The allowance was afterwards raised to Bs. 12 per month, it is said, by the petitioner as an act of grace. The opposite prirty, the mother of the child, applied for increase of the amount of maintenance to Bs. 60 per month on the ground that she was not in a position to maintain the child with the amount grarted, The child is said to be a be y now at school.2. The learned Chief Presidency Magistrate went into the allegations of the parties as to the circumstance...
Tag this Judgment!Faqir Chand and ors. Vs. Sooraj Singh
Court : Allahabad
Reported in : AIR1949All467
Mushtaq Ahmad, J.1. This is an appeal by the plaintiffs, who are residents of village Bhawanipur, Pargana Sambhal, District Moradabad, in a suit for injunction. The reliefs claimed were that the defendant be directed to remove certain constructions from plots 38 and 39 which form-ed part of a passage running through the Village and that he be prevented from interfering with the plaintiffs' right to take their carts and their processions on occasions of death and marriage along the route in future.2. The allegations in the plaint were, that a passage ran through village Bhawanipur on plots 31, 38, 39 and 44, on either side of which there were residential houses, that on the western side of the passage there was plot 41, on which the defendant had his house, that the defendant by extending that house had occupied plot 38, forming part of the passage and thereby completely blocked the same, that the plaintiffs used to pass over the passage and also take their carts and processions, and th...
Tag this Judgment!Krishna Kumar Tiwari and ors. Vs. Jurawan Misir
Court : Allahabad
Reported in : AIR1949All527
Malik, C.J.1. This is a decree-holders' appeal and raises a question of first impression. On 15th January 1927, one Indrajit Misir executed a mortgage in favour of Krishna Kumar Tewari for a sum of Rs. 500. In the year 1934 the mortgagee filed suit on the basis of the mortgage for recovery of the money due by sale of the property (suit No. 552 of 1934). During the pendency of the suit, Indrajit Misir died and after his death a dispute arose between his two sisters, on the one side, who claimed the property by inheritance, and one Jurawan Misir on the other, a stranger to the family, who claimed the property as a legatee under an unregistered will. The sisters ultimately admitted the genuineness of the will and withdrew their objections. The plaintiff impleaded as defendants all the three in place of Indrajit Misir deceased. A final decree for sale was passed on 22nd March 1936, against Jurawan Misir and the two sisters of Indrajit Misir. On 22nd July 1941, the decree-bolder filed an ap...
Tag this Judgment!Akkal Naicker Vs. Kumarasami Reddiar
Court : Chennai
Reported in : (1949)1MLJ432
Govinda Menon, J.1. This is an application to revise the order of the District Munsiff of Sattur in E.A. No. 42 of 1945 in S.C. No. 311 of 1938. The learned District Munsiff dismissed the application on the ground that the petitioner is not entitled to invoke the aid of Section 14 of the Limitation Act, and, if it is so, the petition is barred by limitation.2. Shortly stated, the facts are these. The learned District Munsiff, sitting as a Small Cause Judge passed the decree against the respondent for a sum of money on 19th January, 1939, in favour of the petitioner who was decree-holder plaintiff. The petitioner filed successive execution petitions on the Original Side of the same Court. The first of them on 1st September, 1941, being E.P. No. 341 of 1941. This was dismissed for default of prosecution on 25th September, 1941. Thereupon another application E.P. No. 292 of 1942, was filed in the same Original Side of the District Munsiff's Court on 15th July, 1942. This application again...
Tag this Judgment!Turlapaty Rajeswara Rao and ors. Vs. Kamarajugadda Rangamma and ors.
Court : Chennai
Reported in : (1949)1MLJ480
1. This is an appeal against the decree and judgment of the Subordinate Judge of Bezwada dismissing the suit O.S. No. 48 of 1944, filed by the appellants for a declaration of title and for possession of the suit properties. The relationship of the parties can be seen from the following pedigree: Basavayya | _________________________________________ | | Sangayya Rajalingam | |China Veerabadra Rao ____________________________ | | |________________________ Pedda Veerabadra Rangarama| | Rao (Testator) |Rajeswara Somasundara D. 1918=Syamalamba ___________________Rao Rao D. 17-1-1944 | |(1st (and Basaveswara MrutyunjayaPlaintiff) Plaintiff) Rao (D. 1927-218) D. 1919= = Lakshmi- Rangamma narasamma (1st (2nd Defendant) Defendant) | Rangan- ayakamma (3rd Defendant)2. Pedda Veerabadra Rao died on 9th March, 1918. Before his death, on 5th December, 1917, he executed a will, Ex. P-1, disposing of his properties in the manner mentioned in the document. After his death Syamalamba was in possession a...
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