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Pedapati Mangayya Vs. Garapati Achayamma and ors.
Court : Chennai
Reported in : AIR1950Mad224
Horwill, J.1. On 27th March 1934 the appellant mortgaged a number of items of property to the transferor of respondent 1 for Rs. 3000. On 18th September 1940 he executed three sale deeds in respect of certain items of the mortgaged property in favour of respondents 2 to 4, clearly intending that by these sales the whole mortgage debt should be paid off and the vendees left to enjoy the property free of mortgage, Unfortunately, respondents 2 to 4 did not pay the money, although it is alleged that some years later the money was deposited in Court. On an application under the Agriculturists' Relief Act, the debt was scaled down in O. P. No. 406 of 1943 to Rs. 3100-14-6. The mortgagee thereupon sought to bring the hypotheca to sale for the mortgage debt; but the appellant in E. A. No. 217 of 1946, asked that the Court in equity should sell first the items of the hypotheca that had been sold to respondents 2 to 4. The learned Subordinate Judge, in a very brief order, dismissed the applicati...
Tag this Judgment!Sadhu Laxmi Sundaramma Vs. Sadhu Suryanarayana
Court : Chennai
Reported in : AIR1950Mad274
Viswanatha Sastri, J.1. This is an unfortunate dispute between a wife and her husband, appellant and respondent respectively in this second appeal. The spouses have been living apart since 1936 owing to misunderstandings and their three minors daughters have been living with the mother since then. The wife sued her husband and obtained a decree for the maintenance of herself and her children. The eldest daughter though a minor, attained marriageable age in 1942 and was got married by the mother, the father having taken no interest in the affair. The suit out of which this second appeal arises was filed by the wife against her husband for the recovery of a sum of Rs. 1,000 stated to have been spent by her in connection with the marriage of the daughter. The suit was decreed by the District Munsif. On appeal the learned Subordinate Judge held that though the wife might have spent Rs. 1,000 in connection with the marriage, she could not recover it from her husband, he being under no legal...
Tag this Judgment!Pati Banda Bharadrajulu Vs. Pisipati Lakshminarayana
Court : Chennai
Reported in : (1949)2MLJ744
Horwill, J.1. This is a civil revision petition against the decree of the Principal District Munsiff of Guntur dismissing the plaintiff's suit for arrears of rent and awarding to the defendant compensatory costs.2. On the merits there is little that can be said. It is alleged that a reading of the judgment indicates that the' learned District Munsiff approached the matter that had to be decided with some prejudice against the plaintiff. It is, of course, clear that the District Munsiff held a very strong opinion that the conduct of the plaintiff had been reprehensible; but that was an opinion that he was entitled to form after seeing the plaintiff and the defendant in the box, examining the evidence, and hearing the arguments.3. Compensatory costs should be awarded with some caution; but a revisional Court is reluctant to interfere with the exercise of any discretion by the lower Court regarding costs, unless it has proceeded on some perverse, or at any rate, some wrong considerations,...
Tag this Judgment!Gopesh Chandra Pal and anr. Vs. Nirmal Kumar Das Gupta
Court : Kolkata
Reported in : AIR1950Cal57
ORDERSen, J.1. This is a rule obtained against an order passed by Sri K. C. Banerjee, Police Magistrate, Alipore, rejecting the application by one Gopesh Chandra Pal for being discharged in certain proceedings under Section 409 read with Section 120B, Penal Code.2. The facts briefly are as follows: The complainant Nirmal Kumar Das Gupta opened a current account with the Mahaluxmi Bank. He issued a cheque in favour of Messrs. Dunlop Rubber Company on the Bank for the sum of Rs. 2000 odd on 6th September 1948. On 9th September 1948, the complainant Nirmal Kumar Das Gupta received a telephone message from Messrs. Dunlop Rubber Company that the cheque had been returned by the Bank on the ground that the signature differed. Upon this the complainant went and saw the accountant of the Bank whose name is Lalit Sen and it is alleged that Lalit Sen told him that he should sign the cheque again and that there would be no trouble. The complainant signed the cheque again and it was presented on 11...
Tag this Judgment!Golam Rahman and ors. Vs. the King
Court : Kolkata
Reported in : AIR1950Cal66
Lahiri, J.1. In April 1943, the Government of Bengal received reports from the Collector of Burdwan about acute economic distress in certain parts of that district and sanctioned certain sums of money on various dates amounting to a total of about 4 lacs under the Famine Code to be spent on Test Relief operations under the provisions of the said Code. These operations were carried on in 52 different centres through the District Board under the control of the Collector between the months of April and July 1943. The District Board, in its turn, carried out the operations by 'Agents' who used to be employed on a commission basis. Purulia-Ambalgram road under P. S. Kethgram was one of the 52 Centres where Test Relief operation in the shape of earth work was taken up and one Gulzar Shaikh (who has since died) was employed as an agent at this Centre. Under Section 63 of the Famine Code read with para. 6 of the Famine Manual, the Collector directed that the Agent would employ his own men and ...
Tag this Judgment!Sm. Bimala Bala Debi Widow of Nil Krishna Banerjee (Since Dead) and or ...
Court : Kolkata
Reported in : AIR1951Cal448
R.P. Mookerjee, J.1. The pltf. applt. brought three suits for assessment of fair & equitable rent in respect of certain lands which had been recorded during the last Cadastral Survey as being liable to assessment. Arrears of rent with cesses & damages have also been claimed for the anterior period 1345-48 B. S. The suits were filed in the beginning of Baisakh 1349. The defts. raised various defences but the only one in issue in these appeals is whether in any suit for assessment of rent the pltfs. are entitled to obtain a decree for arrears calculated on the basis of the rates fixed in these proceedings. Both the Cts. refused to allow the claim for arrears & fixed the rent which would take effect from 1349 B. S. Hence these second appeals on behalf of the pltf.2. It is contended on behalf of the applt. that these are suits for assessment of rent under the general law.3. It is now undisputed that the right to have the rent assessed even in respect of agricultural lands is not limited to...
Tag this Judgment!Babulal Dhandhania Vs. Gauttam and Co.
Court : Kolkata
Reported in : AIR1950Cal391
ORDERChatterjee, J.1. This is an application by the petitioner Babulal Dhandhania for setting aside an award made by the Bengal Chamber of Commerce dated 8th April 1949.2. On 9th March 1948, the respondent Gauttam & Co. bought from the petitioner 2,000 maunds of linseed oil at RS. 36 per maund. The terms of the contract will appear from Bought Note No. 2957, a copy of which is annexed to the petition.3. There was a clause that any dispute regarding the contract was to be settled by arbitration of the Bengal Chamber of Commerce in Calcutta. The petitioner failed to deliver the goods in time and it is alleged by the respondent that at the request of the petitioner the time for delivery was extended from time to time till 21st July 1948.4. The petitioner delivered certain quantities but failed to deliver about 1066 maunds. The time for delivery was further extended till 25th August 1918. Yet the petitioner failed and neglected to give delivery. According to the petitioner there was a frus...
Tag this Judgment!Waman Sadashiv Kulkarni Vs. State
Court : Madhya Pradesh
Reported in : AIR1950MP23; 1950CriLJ742
ORDERMehta, J.1. The facts leading to this criminal revision are as follows: On 9th December 1948, some forty-one people belonging to R. S. S. led a procession. One of the arrested man was Waman Kuikarni, the present applicant. They were challaned under Notification No. 2fi dated 20th October 1930, which required previous per- mission of Inspector-General of Police before taking out a procession. Second count was contravention of Section 17, Criminal Law Amendment Act and 8. 188, Penal code. The accused applicant was convicted Under Section 17 (1), Criminal Law Amendment Act and for contravention of Notification No. 25, dated 20th October 1930, and sentenced to 6 months rigorous imprisonment and fine of Hs. 75 on each counts and in default of fine 6 weeks further period of simple imprisonment the sentences to run concurrently. The conviction and sentence was passed by the District Magistrate, City Indore. The appeal preferred by Kuikarni to the Court of Sessions Judge, Indore, was reje...
Tag this Judgment!P. Rangathaman Vs. Sankarlal Davey and anr.
Court : Chennai
Reported in : AIR1950Mad139
Rajamannar, C.J.1. Both the Rent Controller and the Appellate Tribunal, namely, the Court of Small Causes, have ordered the eviction of the petitioner on the ground that he had after the commencement of the Madras Act (XV [15] of 1946) sublet the premises to one Krishnan Nair without the written consent of the land-lord, the respondent before us. The petitioner, the tenant, seeks to have the order of the Appellate Tribunal quashed by a writ of certiorari on two grounds.2. The first ground is that the application for eviction on which the order against him was made was itself liable to be rejected in limine under Section 10 of the Act because a prior application made by the landlord was dismissed on 3rd November 1948 in the following circumstances. The landlord filed an application for eviction on substantially the same grounds as those alleged in the later application; but, apparently, having regard to the judgment of a learned Judge of this Court which held that due notice terminating...
Tag this Judgment!Nadiammai Achi and anr. Vs. Mariappa thevar
Court : Chennai
Reported in : AIR1951Mad625
Subba Rao, J.1. This is an appeal against the order of the Court of the District Judge of West Tanjore scaling down the decree under Section 19 of Madras Act IV [4] of 1938. For appreciating the facts and the contentious of the parties the following genealogy may usefully be referred to. KAYAROHANA | _______________________________________________ | | Ramalinga Sabapathy | | ________________________ Kasinatha Thevar. | | Kayarohana Subrahmanyam | Mariappa Thevar (Respondent).The branches of Ramalinga and Sabapathi had become divided in 1926. Butt in the partition certain immovables and cash outstandings were left undivided and they were in the management of Ramalinga. Ramalinga and his sons became divided between 1934 and 1936. Inspite of the division Ramalinga continued to be in management of the assets not divided. During the lifetime of Ramalinga he was assessed to income-tax in regard to the income of the property left undivided and after his death his son Kayarohana was also asse...
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