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Mohammed Yusuf Bannay Sahib and ors. Vs. Khadir Badsha Sahib and ors.
Court : Chennai
Reported in : (1949)1MLJ503
ORDERPanchapagesa Sastri, J.1. These suits are posted before me for orders as to whether they can be transferred to the City Civil Court, Madras, under Section 16(2) of the Madras City Civil Court Act VII of 1892.2. In G.O. No. Ms. 4175 (Home) dated 11th November, 1948, the Government of Madras made the following notification:In exercise of the powers conferred by Section 3-A of the Madras City Civil Courts Act, 1892 (Central Act VII of 1892) and in supersession of Law (General) Department Notification No. a 16, dated the 22nd March, 1935, published at page 488 of Part I of the Fort St. George Gazette, dated the 26th March, 1935, His Excellency the Governor of Madras hereby invests with effect on and from 1st day of December, 1948, the Madras City Civil Court subject to the exceptions specified in Section 3 of the said Act, with jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature arising within the City of Madras and of value not exceeding ten ...
Tag this Judgment!T.C.A. Anandalwar Vs. the Second Judge, Court of Small Causes and anr.
Court : Chennai
Reported in : (1949)1MLJ528
P.V. Rajamannar, C.J.1.These two applications for issue of writs of certiorari arise in respect of the same subject-matter, namely, Premises No. 118, China Bazaar Road, Madras. The petitioner is the landlord, the contesting respondent is the tenant. The petitioner filed two successive applications before the Rent Controller, Madras, for eviction. The first application was on the ground that the tenant had committed default in payment of rent for February, March and April, 1948. The other application was on the ground that the tenant had committed default in payment of rent for July August and September, 1948. The Rent Controller passed orders of eviction on both the applications, and there were two appeals to the Court of Small Causes. Both the appeals were allowed by the learned Third Judge of that Court, on practically the same reasoning. The landlord has filed the above two applications to quash the two orders of the learned Judge.2. It is sufficient to state the following facts for...
Tag this Judgment!Yajju Adinarayana Vs. Gurala Jagannadha Rao
Court : Chennai
Reported in : (1949)1MLJ557
Viswanatha Sastri, J.1. The first defendant is the appellant in this second appeal On the 11th February, 1943, defendants 1 to 4, the owners of the suit property agreed to sell the same to the plaintiff for Rs. 380 under an agreement for sale marked as Ex P-1, On the date of the said agreement a sum of Rs. 50 was paid as advance and the balance was made payable at the time of the execution of the sale deed Time for performance was fixed at six months. Shortly after the agreement defendants 3 and 4 sold their moiety of the property to the fifth defendant' under Ex. D-2 dated x 11th March, 1943. On the same day, the fifth defendant purported to purchase from D.W. 2, in the case, a quarter share of the property under Ex D-I It is found by the lower appellate Court that D.W. 2 had no title to the and that the purchase by the fifth defendant was merely a make believe affair On 24th November, 1943, defendants 1 and 2 purported to sell a fourth share of the property to the fifth defendant. Th...
Tag this Judgment!Mohammed Ibrahim Maracayar Vs. Ismail Maracayar Power of Attorney Agen ...
Court : Chennai
Reported in : 1950CriLJ173
ORDERSomasundaram, J.1. The accused is the petitioner herein. The petition is to quash the proceedings in C. O, No. 2828 of 1948 on the file of the Special Honorary Magistrate of Egmore,2. The complainant is the daughter of the petitioner herein. There were some misunder-standing between her husband and her father over some money transaction and when a claim was made for the return of the moneys alleged to have been advanced by the complainant, the petitioner herein wrote a letter to his daughter in which he has stated that as he has got only old and torn shoes he has placed an order for better ones and that as soon as he gets them he will send them over to her and her husband. He also stated that old ones may not be satisfactory and therefore he was arranging to send new shoes. On this, the complainant's husband as her power of attorney agent, has filed the complaint against the petitioner for an offence Under Section 504, Penal Code.3. The petitioner has filed this revision petition ...
Tag this Judgment!Tansukhrai M. Karundia Vs. the Official Liquidator, Andhra Paper Mills ...
Court : Chennai
Reported in : (1949)2MLJ66
Panchapagesa Sastry, J.1. This is an application to vary the order of the Official Liquidator of the Andhra Paper Mills Co., Ltd., (in liquidation) disallowing the claim of. the applicant to have a charge over the movable assets of the company for a sum of Rs. 1,01,172-15-2. The liquidator admitted that the amount claimed was due, but he disallowed the claim to rank as secured creditor on the ground that the document creating, the security was not registered with the Assistant Registrar of Joint Stock Companies, Cocanada, as required by Section 109 of the Indian Companies Act. This order further states that in any event, the amount of Rs. 34,000 included in the claim representing payment made on 15th July, 1947 to Messrs. Natwarlal Shamaldas and Co. cannot be treated as a secured debt. No grounds for the same are however mentioned in the order.2. The applicant Tansukhrai M. Karundia, claims to have advanced the aforesaid sums in circumstances set out below. The Andhra Paper Mills would...
Tag this Judgment!Tansukhrai M. Karundia Vs. the Official Liquidator, Andhra Paper Mills ...
Court : Chennai
Reported in : AIR1952Mad595
Panchapagesa Sastry, J.1. This is an application to vary the order of the Official Liquidator of the Andhra Paper Mills Co. Ltd. (in liquidation) disallowing the claim of the applicant to have a charge over the movable assets of the company for a sum of Rs. 1,01,172-15-2. The liquidator admitted that the amount claimed was due, but he disallowed the claim to rank as secured creditor on the ground that the document creating the security was not registered with the Assistant Registrar of Joint Stock Companies, Cocanada, as required by Section 109 of the Indian Companies Act. This order further states that in any event, the amount of Rs. 34,000 included in the claim representing payment made on 15th July 1947 to Messrs. Natwarlal Shamaldas and Co., cannot be treated as a secured debt. No grounds for the same are however mentioned in the order.2. The applicant Tansukhrai M. Karundia claims to have advanced the aforesaid sums in circumstances set out below. The Andhra Paper Mills would appe...
Tag this Judgment!Mohammed Ibrahim Maracayar Vs. Ismail Maracayar, Power-of-attorney Age ...
Court : Chennai
Reported in : AIR1949Mad760
ORDERSomasundaram, J.1. The accused is the petitioner herein. The petition is to quash the proceedings in C.C. No. 2328 of 1948 on the file of the special Honorary Magistrate of Egmore.2. The complainant is the daughter of the petitioner herein. There were some misunderstanding between her husband and her father over some money transaction and when a claim was made for the return of the moneys alleged to have been advanced by the complainant, the petitioner herein wrote a letter to his daughter in which he has stated that as ho has got only old and torn shoes he has placed an order for better ones and that as soon as he gets them he will send them over to her and her husband He also stated that old ones may not be satisfactory and therefore he was arranging to send new shoes. On this, the complainant's husband as her power of attorney agent has filed the complaint against the petitioner for an offence under Section 504, Penal Code.3. The petitioner hag filed this revision petition to q...
Tag this Judgment!Bhuboni Sahu Vs. the King
Court : Mumbai
Reported in : (1949)51BOMLR955
John Beaumont, J.1. This is an appeal by special leave from the judgment and order of the High Court of Judicature at Patna dated September 19, 1947, dismissing an appeal against the judgment and order of the Court of the Sessions Judge of Ganjam-Puri dated July 28, 1947, whereby the appellant was convicted of the offence of murder under Section 302/34 of the Indian Penal Code and sentenced to death. At the conclusion of the arguments their Lordships announced that they would humbly advise His Majesty that the appeal be allowed and would state their reasons later. This they now proceed to do.2. It is not in dispute that on October II, 1946, one Kalia Behara was brutally murdered at a place between Berhampur, where he lived and carried on business as a jutka driver, and Golantra, to which he was driving with passengers in his Jutka. It is unnecessary to refer to the details of the murder; though it may be noted that the motive atrributed to the appellant was that he is a relation of acc...
Tag this Judgment!Kameshwar Dutt Misra Vs. Rex.
Court : Allahabad
Reported in : 1949CriLJ894
Malik, C.J.1. We have heard learned Counsel for be to parties. It is not necessary to treat this as a criminal revision and give any decision on the point. The learned Magistrate had convicted certain accused. The learned Sessions Judge allowed the appeal, In his judgment the learned Sessions Judge made the following remarks about the trying MagistrateIt leaves a bad impression upon my mind, on going, through the evidence and the circumstances of the case, about the capacity of the Honorary Magistrate. He appears to be at pains to record a finding of guilty against the appellant.It is desirable that superior Courts, when deliver, ing judgment, should always use restrained language about inferior Courts so that confidence of the public in the administration of justice might not be shaken. After these remarks so publicly made the learned Magistrate could not inspire any confidence in the minds of the litigant public. If the learned Sessions Judge was of the opinion that the Magistrate wa...
Tag this Judgment!Bhuboni Sahu Vs. the King
Court : Privy Council
Reported in : AIR1949PC257
Sir John Beaumont: This is an appeal by special leave from the judgment and order of the High Court of Judicature at Patna dated 19th September 1947 dismissing an appeal against the judgment and order of the Court of the Sessions Judge of Ganjam-Puri dated 23rd July 1947 whereby the appellant was convicted of the offence of murder under S. 302/34, Penal Code, and sentenced to death. At the conclusion of the arguments their Lordships announced that they would humbly advise His Majesty that the appeal be allowed and would state their reasons later. This they now proceed to do. [2] It is not in dispute that on 11th October 1946 one Kalia Behara was brutally murdered at a place between Berhampur, where he lived and carried on business as a jutka driver, and Golantra, to which he was driving with passengers in his jutka. It is unnecessary to refer to the details of the murder; though it may be noted that the motive attributed to the appellant was that he is a relation of accrued 1 and 2 who...
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