Paya Matathil Appu Vs Kovamel Amina
.... n our opinion the word ''interest'' is not necessarily confined to right of ownership, but is sufficiently large to include any minor interest such as that of a tenant or a person having a charge. 4. No doubt there has been no precedent for this suit in Malabar; but that, circumstance is not conc ...
Madras High Court
Thayammal Vs Annamalai Mudali and Another
.... marriage was in one of the superior forms, the plaintiff''s claim must fail. 4. The case, however, has to be considered with reference to the other hypothesis also, viz., the marriage was in an inferior form. It is true, as observed before, that the presumption is against that hypothesis. But tha ...
Madras High Court
Alimuddin Vs Queen-Empress
.... ld not be treated as independent evidence of the guilt or innocence of the accused, for the simple reason that they were not made in the presence of the accused. Mr. Donogh, however, on behalf of the prosecution has contended, referring to Section 288 of the Code of Criminal Procedure, that, inasmuc ...
Calcutta High Court
Suryanarayana Vs Narendra Thatraz
.... "that the permission of the Court of Wards in writing shall have been had and obtained in every instance previously to the payment of any private debt." In the present case the Court of Wards declined to admit the debt and told plaintiff to establish his claim by suit (see Exhibit I). It is clear, ...
Madras High Court
Sankaran Vs Parvathi and Others
.... . We do not think the decision in Kunhiamma v. Kunhunni ILR 16 Mad. 140 expresses dissent from the ground on which Ambu v. Ketlilamma ILR 14 Mad. 23 was decided i.e. that Section 43 only applies to cases in which the plaintiff had knowledge of the claim he was entitled to make; the only dissent expr ...
Madras High Court
Narayanan Chetti and Others Vs Arunachellam Chetti
.... is clear that the mesne profits for which security is given are the mesne profits accruing up to the date of the decision of the pending appeal. The other terminus, that is, the point of time from which the mesne profits are to be calculated is not stated in the document. The parties might have agre ...
Madras High Court
Venkataramakrishna Rau and Another Vs Bhujanga Rau
.... qualified heritage, and that upon her death the last full owner''s heir was her heir. On this view he considered that the son was the mother''s heir in preference to the husband, and on this ground reversed the District Munsif''s decree. The decision in Sengamalathammal v. Valayuda Mudali 3 M.H.C. R ...
Madras High Court
Velu Pandaram Vs Gnanasambanda Pandara Sannadhi and Another <BR>Gnanasambanda Pandara Sannadhi
.... swoman Visalakshi would have been barred long before his death in 1884; but the question is, when did the right to sue as hereditary trustee accrue to plaintiff. It seems to us clear that it did not accrue till his father''s death in 1884, and he has brought his suit within eight years of that date. ...
Madras High Court
Walluvanad Vallabha Valia Rajah Avergal Vs Mankata Kovilakath Vedapuratti alias Valia Rani Avergal
.... the Law of Limitation and enable him to execute a redemption decree after the expiration of the time limited. 10. The right of applying for sale, after the time limited, is the right of the defendant (mortgagee) and if he does not choose to exercise that right he cannot be compelled to do so. He ...
Madras High Court
Suba Lal and Others Vs Akhara Panchaiti through Hira Gir and Others
.... ctuary one, the subsequent mortgagee might by reason of limitation be prevented from availing himself of the benefits of Section 90 of Act No. IV of 1882, in case his decree for sale when obtained and executed did not satisfy the subsequent mortgage. 3. In our opinion the decision of the majority ...
Allahabad High Court
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