Venkatanarasimha Naidu Vs Papammah
.... r execution of the decree and that the previous orders in execution should be disregarded, and we are referred to Kalka Singh v. Parasram L.R. 22 IndAp 68. That was not a case in which the execution of a decree was immediately in question and is therefore distinguishable from the other decisions of ...
Madras High Court
Rajeswara Rau and Others Vs Hari Babandhu and Others
.... hat some payments may have been made in those years, although the whole instalments were not paid. The proof of any payment made in respect of the instalment of 1889 is, however, clearly material, because such payment accepted by the decree-holder would be evidence of waiver by the latter. If there ...
Madras High Court
Barrow Vs Javerchund Sett
.... uded u/s 14 of the Limitation Act, the application of 26th February 1889, being one for sanctioning the agreement to give time for payment, and not for execution of the decree, was clearly not a step in aid of execution; the subsequent application is, therefore, barred. 2. We must, therefore, all ...
Madras High Court
Nedaram Thakur Vs Joonab and Others
.... n Pitchi v. Ankappa ILR Mad. 102 and Kottalanada v. Muthaya ILR Mad. 374 is correct, and that it was therefore not competent to the Magistrate to try the case under Chapter XXII of the Criminal Procedure Code. But we do not think it is a case in which we ought to interfere, as the defendants have ha ...
Calcutta High Court
Koopmia Sahib Vs Chidambaram Chetti and Others
.... years. 2. We think it is clear that this section does not apply. Section 74 contemplates the existence of two mortgages at one and the same time and the independent action of the subsequent mortgagee to put an end to the prior mortgage. It is difficult to see how two usufructuary mortgages could ...
Madras High Court
Saminadha Pillai and Others Vs Thangathanni
.... time of the death and taking per capita. Since the date of the Madras case the question has been considered in Calcutta, and the conclusion arrived at was that the rule of survivorship does not apply to property taken in the ordinary course of inheritance as distinguished from property in which per ...
Madras High Court
Krishnayya Vs Secretary of State for India
.... ntary use though not preceded by an application." A previous request can be implied therefore if there has been a voluntary use of the water. I concur in remitting for trial the issue suggested by my learned colleague. 4. The District Judge is requested to submit his findings within one month fro ...
Madras High Court
The British India Steam Navigation Company Vs Ibrahim Sulaiman and Others
.... xistence of the option possessed by the company under the circumstances of this case appears to have been overlooked both by the learned Chief Judge and by Sir T. Muttusami Ayyar, J., when they say that the landing of the goods was an unauthorized and unusual act. Neither in the judgment of the form ...
Madras High Court
Dikshathar Seshagiri Iyer Vs Marakathammal
.... e were, however, different. Here, as soon as the decree of the 21st December 1891 was passed, the order ceased to have any effect and the decree was substituted for it. The decree expressly declares that the order shall have no effect and that declaration must include the matter of costs as well as ...
Madras High Court
Maliaperumal Iyengar and Another Vs Nachiappa Chetty
.... ties belonging to, the judgment-debtors--provided the personal liability is not barred. 2. It is next contended that in the present case, the personal liability is time-barred, itthe period of limitation is calculated from the date of the original cause of action to the date of the application u/ ...
Madras High Court
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