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Judgment Search Results Home > Cases Phrase: mediation Court: chennai Year: 1937 Page 1 of about 46 results (0.033 seconds)

Feb 17 1937 (PC)

P.S. Ramaswamy Aiyar and anr. Vs. Al.Sp.Pl. Subramanian Chettiar by Ag ...

Court : Chennai

Decided on : Feb-17-1937

Reported in : AIR1938Mad267; (1938)2MLJ179

..... application for compensation denied that he knew or acquiesced in the alleged agreement with the creditors and said that he was never at any time told by anybody about the mediation, which took place behind his back; and the learned counsel for the petitioners was unable to contend before me that any notice of the alleged meeting of the creditors and ..... a view to pay off all the creditors fully he entered into an arrangement with the creditors with their full consent and co-operation and with the help of respectable mediators, that it was decided under the arrangement that each of the creditors should take a sale of a portion of the family properties equal in value to the debt due ..... mediation was ever given to the creditor and i can see no reason for believing that he ever knew of it, or afterwards acquiesced in it. the fact that he filed .....

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Oct 22 1937 (PC)

Sivasankara Mudaliar and anr. Vs. Amaravathi Ammal and anr.

Court : Chennai

Decided on : Oct-22-1937

Reported in : AIR1938Mad157; (1938)1MLJ146

..... . he also provided for certain charities and appointed one ratna mudali and jagannadha mudali as his executors. subsequent to the execution of the said will, through the intervention of the mediators, some of the immovable properties of the family were divided and two lists were drawn up specifying separately the properties that fell to each and the two lists were signed .....

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Mar 16 1937 (PC)

In Re: Athappa Goundan

Court : Chennai

Decided on : Mar-16-1937

Reported in : (1937)2MLJ60

..... that that statement constituted the information through which the discovery was made, in order to render the statement admissible. other statements connected with the one thus made evidence, and thus mediately, but not necessarily or directly, connected with the fact discovered, are not admissible.10. this headnote is taken bodily from the judgment of west, j., on p. 244. in that .....

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Jan 25 1937 (PC)

Kuri Venkoba Char Vs. Kuri Sanjivappa

Court : Chennai

Decided on : Jan-25-1937

Reported in : AIR1937Mad681; 173Ind.Cas.233

..... by the plaintiff in favour of the defendant. there is no difference in regard to the terms in both these documents. ex. a runs thus:in the presence of some mediators i have settled the sale price of the land mentioned hereunder at rs. 3,000 (rupees three thousand). out of the said amount, i have paid in cash this day .....

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Mar 16 1937 (PC)

Athappa Goundan and ors. Vs. Emperor

Court : Chennai

Decided on : Mar-16-1937

Reported in : AIR1937Mad618; 171Ind.Cas.245

..... that that statement constituted the information through which the discovery was made, in order to render the statement admissible. other statements connected with the one thus made evidence, and thus mediately, but not necessarily or directly connected with the fact discovered are not admissible.4. this head-note is taken bodily from the judgment of west, j., on p. 244 page .....

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Oct 21 1937 (PC)

Angamuthu Muthirian and anr. Vs. Sinnapennammal and ors.

Court : Chennai

Decided on : Oct-21-1937

Reported in : AIR1938Mad364

..... claim was one which imperiled the reversion. she asserted that the declaration was made by the husband in the presence of several people; the razinamah recites the claims and the mediators seem to have considered them. absolutely no evidence has been given in this case to show any want of bona fides. once it is found that there was a real .....

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Jul 30 1937 (PC)

Kodoth Ambu Nair and ors. Vs. Utha Amma and ors.

Court : Chennai

Decided on : Jul-30-1937

Reported in : AIR1938Mad202

venkatasubba rao, j.1. we think it unnecessary to restate the facts of this case in any detail, as they have bean fully set out in the judgment under appeal. the suit has been filed by the karnavan of the kodoth tarwad, said to be a well-known and wealthy tarwad in south kanara district. the object of the suit was to have it declared that the acquisitions made by four individuals, kunhi kanna nair, kunhi kora nair, pathali kanna nair and ukkoman nair belonged to the entire tarwad, of which the plaintiff is the kurnavan. this tarwad consisted of three tavazhies and the four parsons named above belonged to the tavazhi known as pattinhara veddu. the lower court has held that it is unnecessary to decide whether the ownership of the properties claimed originally vested in the four individuals or in their tavazhi, for, according to the learned judge, granting that at their inceptions the acquisitions had been made for the benefit of the four members, their interest was subsequently validly conveyed to the entire tavazhi. the plaintiff's claim that the properties should be deemed to have been acquired for the benefit of the tarwad was negatived by the lower court. this finding coupled with its other conclusion already referred to, namely that the tavazhi became the ultimate owner of the properties in question, led to the dismissal of the suit.2. as we substantially agree both with the conclusions of the learned judge and his reasons in support thereof we propose to deal with the .....

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Sep 24 1937 (PC)

Matam Nadipudi Koti Veeraya Alias Sambhudevara Alias Sambhu Swamulavar ...

Court : Chennai

Decided on : Sep-24-1937

Reported in : AIR1938Mad810; (1938)2MLJ85

alfred henry lionel leach, c.j.1. appeal no. 144 of 1932 - in this appeal the court is called upon to decide whether a mutt in the village of chebrole, guntur district, is a mutt within the purview of the madras hindu religious endowments act, 1926 and as such is liable to make an annual contribution to the funds of the board of commissioners appointed under the act. the appellants claim that the mutt does not constitute a public religious endowment. they say that it is entirely private in its nature and therefore it cannot be called upon in law to make any contribution. the board having decided that the mutt is liable to make an annual payment, the suit out of which this appeal arises was filed by the appellants in the court of the subordinate judge of guntur for a declaration to the effect that the board has no right to make a levy. the learned judge agreed with the board and dismissed the suit.2. the appellants are brothers and are members of the sect known as jangams or vira saivas. they worship the lingam or symbol of shiva which they wear suspended round the neck. according to ' the manual of the nellore district' compiled by john a.c. boswell, collector of kistna district in 1873, there are five seats of the principal priests of this sect, namely, (1) gokarna matam at nizampatam; (2) vibhuti matam at bangalore; (3) saranga matam at srisailam; (4) tota matam in plyderabad; and (5) chebrole matam at chebrole. the chebrole matam is the mutt with which the suit is .....

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Mar 25 1937 (PC)

Mohideen Bi Vs. Bashu Sahib

Court : Chennai

Decided on : Mar-25-1937

Reported in : AIR1937Mad809; (1937)2MLJ278

orderking, j.1. in this case, maintenance was claimed by a muhammadan wife for herself and her children. it was found by the learned magistrate that the respondent made a bona fide offer to maintain them in his own house, which petitioner, his wife, unreasonably refused to accept. her application was accordingly dismissed. in revision it is argued that the magistrate should have awarded maintenance to the children, whose legal guardian their mother is, and who cannot therefore be taken separately to live with her father. in support of this argument, i have been referred to in re parathy valapptl moideen : (1913)25mlj355 and allah rakhi v. karam ilahi a.i.r. 1933 lah. 969 and no authority has been cited to the contrary.2. the petition will accordingly be sent back to the magistrate with a direction, to enquire what is the proper rate of maintenance for the children, and to award them maintenance at that rate.

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Sep 15 1937 (PC)

Madana Palo and ors. Vs. the Hindu Religious Endowments Board

Court : Chennai

Decided on : Sep-15-1937

Reported in : AIR1938Mad98; 173Ind.Cas.42; (1937)2MLJ830

alfred henry ltonel leach, c.j.1. the appellants were the plaintiffs in the court below. they claim that the first appellant is the board, hereditary trustee of the sri radhakanta mahaprabho temple of bhavanipur. by an order dated 16th october, 1928, the board of commissioners for hindu religious endowments framed a scheme for the management of this temple under the provisions of section 57 of the madras hindu religious endowments act, 1927. in spite of contentions by the appellants to the contrary the board refused to recognise the temple as being an excepted temple within the meaning of section 9(5) of the act and rejected the claim set up by the appellants that their family possessed the hereditary right of appointing a member as trustee of the temple. on this basis the board decided that there should be a council of three trustees and placed the management of the temple in the hands of this council. no member of the appellants' family was, however, appointed to this council of trustees. the appellants were not satisfied with the board's decision and instituted the suit out of which this appeal arises, as they had the right to do under section 57(3) of the act. the learned district judge agreed with the findings of the board of commissioners and adopted the board's scheme. he held that the hereditary right claimed had not been established; that the temple was not an excepted temple within the meaning of section 9(5) and, therefore, a scheme should be framed under section .....

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