A.R.S.M.A.R.L. Arunachalam Chettiar by Power of Attorney Agent, G.S. Raghavachariar Vs The Official Receiver of Tanjore and Others
.... itor disinclined to proceed to extremities against them, in such a case, the question of overriding or dominant motive may arise. The motive then may be various and the Court may then be called on to determine which was the substantial motive. In this case no such question arises. 9. It is strong ...
Madras High Court
Pachaiyappa Chetti Vs Sivakami Ammal
.... tgage bonds in his name were his own property and raised several legal pleas and further contended that the suit was barred by limitation. In answer to the last plea plaintiff contended that her case fell within Section 10 of the Limitation Act and no limitation applied to it. The Subordinate Judge ...
Madras High Court
Aumanchi Auryaprabhakara Rau and Another Vs Gummudu Sanyasi and Others
.... t because the would-be vendor was in physical possession of the property and was merely subject to the disability to alienate, that that would make a difference to the case and that it must be deemed that such physical possession of one form of estate must be deemed to go some way towards possession ...
Madras High Court
Ananta Kumar Saha and Amanda Chandra Saha Vs Sadhu Charan Saha Poddar <BR> Sadhu Charan Saha Poddar
.... ns who gave the bond are relatives of the petitioning creditor and that he is not proceeding against them but I do not think that this is sufficient by itself to establish a lack of bona fides on the part of the petitioning creditor. 4. As regards the suit this was not commenced until after the p ...
Calcutta High Court
Hirabhai Dahyabhai Vs Maneklal Ranchhod
.... itution to the other party for what he had lost. I. L. R, 23 Mad. 308. It was the pleasure of the plaintiff not to take the available money in pursuance of the decree of the trial Court, but this act has caused loss to defendant, and when the Hon''ble High Court set aside the claim for damages, t ...
Bombay High Court
Sreemat Tirumala Tirupati Sreemat Prativadi Bhayankaram Venkatacharyulu Ayyavarlam Garu and Others Vs Nandi Vada Venkatasubba Rao and Others
.... become transferees or assignees of the lease right. Against them the amount of the note could be claimed if at all, only if there is a charge created in favour of the landlords on the property in their hands. 4. The English law is apparently that such a lien does exist but it is not necessary to ...
Madras High Court
B. Parthasarathy Chetty and Co. Vs T.M. Gajapathi Naidu and Co.
.... ction. That may or may not be a scope of Braithwaite''s case LR (1905) 2 K.B. 543 and I note Lord Sumner in the House of Lords while confining Bnailhwaite''s case strictly to that case seemed very doubtful as to whether even that was not too wide a proposition to put forward. But I notice that in Br ...
Madras High Court
B. Parthasarathy Chetty and Co. Vs T.M. Gajapathy Naidu and Co.
.... may not be the scope of Braithwaite''s case [1905] 2 K.B., 543 and I notice Lord SUMNER in the House of Lords, while confining Braithwaite''s case [1905] 2 K.B., 543 strictly to that case, seemed very doubtful as to whether even that was not too wide a proposition to put forward. But I notice that i ...
Madras High Court
Mahomed Anwarul Huq Sahib and Another Vs M. A. Srinivasa Iyengar and Others
.... back without any payment into Court. The damages, therefore, that are claimed are very remote and cannot be said to follow from the act of the respondent. 2. In regard to the mesne profits claimed, there is no allegation in the petition that the respondent took possession of the property and it ...
Madras High Court
Echikan Charakare Kelu Nair Vs The Secretary of State for India in Council
.... rding to the present intentions of Government 30 years from the date of completion of each particular local settlement at the end of which time not only the commutation money rates but the grain values themselves now assigned to the land are liable to revision. 13. Again at page 121: The most ...
Madras High Court
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