Skip to content


Judgment Search Results Home > Cases Phrase: patents Court: chennai Year: 1934 Page 1 of about 38 results (0.026 seconds)

Nov 05 1934 (PC)

King-emperor Vs. Ramanuja Aiyangar

Court : Chennai

Decided on : Nov-05-1934

Reported in : (1935)68MLJ1

..... of their admissibility. the matter is brought to my attention by a certificate granted by the learned advocate-general under clause 26 of the letters patent of this high court on being moved by the prisoner raising the question of the admissibility in evidence of these answers stating that in his ..... may straightaway be dismissed without any further consideration of the merits of the case. having regard to the terms of clause 26 of the letters patent, no other conclusion is possible. if this conclusion is sound in law, the question whether the advocate-general's certificate is competent should be ..... on which alone they could be considered by us. our powers are circumscribed, for we can only act in conformity with clause 26 of the letters patent. if there was no misdirection or other error as certified, the certificate was misconceived, and we have no power to interfere'. in the same case ..... law which require further consideration in the judgment of the advocate-general.35. it will be observed that under clause 26 of the letters patent a certificate to review a decision by the high court exercising original criminal jurisdiction can be granted by the advocate-general if in his judgment ..... a full bench of seven judges was formed to consider this preliminary objection of the learned crown prosecutor.5. the relevant clauses of the amended letters patent are clauses 25, 26 and 41. the marginal note of clause 25 reads 'no appeal from high court exercising original jurisdiction - court may reserve .....

Tag this Judgment!

Nov 05 1934 (PC)

Emperor Vs. M. Ramanuja Ayyangar

Court : Chennai

Decided on : Nov-05-1934

Reported in : AIR1935Mad528; 158Ind.Cas.662

..... to the trial judge to reserve the points of law for the opinion of the high court under the last sentence of clause 25, letters patent, or under section 434, criminal procedure code; instead of availing himself of this obvious remedy, the prisoner chose to apply to the advocate-general for a ..... and similar dicta, mr. t.r. venkatarama sastri bases his contention that when the advocate-general has granted his certificate under article 26, letters patent, this court must go on to consider the point or points of law mentioned in the certificate and cannot say that the advocate-general's certificate ..... petition may straight away be dismissed without any further consideration of the merits of the case. having regard to the terms of clause 26, letters patent, no other conclusion is possible. if this conclusion is sound in law, the question whether the advocate-general's certificate is competent should be ..... death. thereupon the accused applied to the learned advocate-general and obtained a certificate which purports to be a certificate under clause 26, letters patent. on the basis of the advocate-general's certificate the accused applied to this court for a review of the case. the matter accordingly came ..... neither of the points set out by the advocate-general in his certificate are points of law decided within the meaning of clause 26, letters patent, and that therefore we cannot entertain this criminal miscellaneous petition.ramesam, j.34. in this case the accused was tried for the offence of .....

Tag this Judgment!

Oct 19 1934 (PC)

Khumchand Dhulaji Paladuvala Vs. Gomraj Fatechand

Court : Chennai

Decided on : Oct-19-1934

Reported in : AIR1935Mad219; (1935)68MLJ205

..... we think the word 'law' in section 8 was advisedly chosen with reference to the provisions of the letters patent. the 'law to be administered by the high court' is to be found in clauses 19 to 21 of the letters patent where reference is made to law, equity and rule of good conscience, but nothing is said about the details of .....

Tag this Judgment!

Dec 04 1934 (PC)

M. Ramanuja Aiyangar Vs. the King-emperor

Court : Chennai

Decided on : Dec-04-1934

Reported in : (1935)68MLJ93

..... sessions. on the contrary, there is good authority that section 167 is applicable and that the high court in exercising its power of review under clause 26 of the letters patent has full power to decide whether the evidence properly received at the trial is sufficient to sustain a conviction; see the queen v. hurribole chunder ghose i.l.r. (1876 ..... .r. 52 i.a. 40 : 52 cal. 197 : 48 m.l.j. 543 that the petition is competent. but the right of appeal given by clause 41 of the letters patent is subject to the proviso that the high court shall declare that the case is a fit one for appeal. the high court therefore has the duty of satisfying itself .....

Tag this Judgment!

Oct 12 1934 (PC)

S. Krishnaswami Aiyar, Late Minor by Guardian Meternal Uncle, Doraswam ...

Court : Chennai

Decided on : Oct-12-1934

Reported in : (1935)68MLJ251

..... and 568 make these observations:the distinction between an ancestral business and one started like the present after the death of the ancestor, as a source of partnership relations is patent. in the one case these relations result by operation of law from a succession on the death of an ancestor to an established business, with its benefits and its obligations .....

Tag this Judgment!

Feb 22 1934 (PC)

Akavande Mulahur Vatakethil Kizhakke Nayar Veetil Karna Vastri Sreedev ...

Court : Chennai

Decided on : Feb-22-1934

Reported in : AIR1935Mad71

..... was in dispute. in the circumstances, in my opinion, defendant 2 should not be allowed to raise quite a new point at the hearing of this letters patent appeal, different from the case of the parties in all the earlier stages of this litigation. at p. 53 of krishnan nair v. damodaran nair 1916 ..... and defendant 2).20. that being so, we do not think it right at this stage to allow the defendants to raise a new case in letters patent appeal, namely, that succession in this case should be governed by the principle of propinquity or nearness, and that only plaintiff 1, defendant 1 and defendant ..... was accordingly restored. the learned judge granted leave to appeal, having regard to the importance of the question, and the plaintiffs have preferred this letters. patent appeal. the learned advocate for defendant 2 wanted to raise the question that the principle of propinquity should govern the present case and that the heirs of ..... in second appeal the decision of the learned subordinate judge was set aside and that of the district munsif was restored by curgenven, j. this letters patent appeal is against his judgment. the variations of opinion noted above show that the question whether the partition of tarwad property under the malabar law should be ..... the-above reasons, i think that the division in the present case should be on per capita basis. in my opinion the letters-patent appeal should be allowed, and the decision of the learned subordinate judge restored, with all costs in the high court. .....

Tag this Judgment!

Feb 22 1934 (PC)

Akavande Mulanhur Vatakethil Kizhakke Nayar Veettil Karnavastri Sreede ...

Court : Chennai

Decided on : Feb-22-1934

Reported in : 152Ind.Cas.524

..... in dispute. in the circumstances, in my opinion, the 2nd defendant should not be allowed to raise quite a new point at the hearing of this letters patent appeal, different from the case of the parties in all the earlier stages of this litigation.29. at p. 53 of 38 m. [krishna nair v. ..... the 2nd defendant).28. that being so, we do not think it right at this stage to allow the defendants to raise a new case in letters patent appeal, namely, that succession in this case should be governed by the principle of proprinquity or nearness, and that only the 1st plaintiff, the 1st defendant ..... munsif was accordingly restored. the learned judge granted leave to appeal, having regard to the importance of the question, and the plaintiffs have preferred this letters patent appeal.27. the learned advocate for the 2nd defendant wanted to raise the question that the principle of propinquith should govern the present case and that the ..... . in second appeal the decision of the learned subordinate judge was set aside and that of the district munsif was restored by curgenven, j. this letters patent appeal is against his judgment.5. the variations of opinion noted above shows that the question whether the partition of tarwad property under the malabar law should ..... the above reasons, i think that the division in the present case should be on per capita basis. in my opinion, the letters patent appeal should be allowed, and the decision of the learned subordinate judge restored, with all costs in the high court. .....

Tag this Judgment!

Nov 21 1934 (PC)

The King-emperor Vs. Ramanuja Aiyangar

Court : Chennai

Decided on : Nov-21-1934

Reported in : (1935)68MLJ73a

..... and the effect of their admission, if inadmissible, could not be considered therein, the learned chief justice has in the exercise of his powers under clause 25 of the letters patent reserved it for the opinion of the high court.38. the corpse of sithammal was despatched by train from the egmore railway station to karunguzhi on the night of 12th ..... the deceased of the silver articles pledged by the accused subsequent to the murder, and the accused applied for a review of the case under clause 26 of the letters patent. the crown prosecutor intimated his intention to question the interpretation of the words 'decision on a point of law decided by the trial judge' in the full bench decision in ..... lord the chief justice agreed with the majority verdict and the accused was sentenced to death. he moved the advocate-general for a certificate under clause 26 of the letters patent, which empowers him to certify that a point or points of law which has or have been decided by the court should be further considered and the crown prosecutor opposed ..... cronish, j.1. the learned chief justice acting under clause 25 of the letters patent has reserved as a point of law for determination under clause 26 the question whether certain statements given in evidence at the trial of m. ramanuja aiyangar for murder were .....

Tag this Judgment!

Nov 21 1934 (PC)

Emperor Vs. Ramanuja Ayyangar

Court : Chennai

Decided on : Nov-21-1934

Reported in : AIR1935Mad486; 158Ind.Cas.764

..... the police and the effect of their admission, if inadmissible, could not be considered therein, the learned chief justice has in the exercise of his powers under clause 25, letters patent, reserved it for the opinion of the high court.40. the corpse of seethammal was despatched by train from egmore railway station to karunguzhi on the night of january 12 ..... death by the deceased of the silver articles pledged by the accused subsequent to the murder and the accused applied for a review of the case under clause 26, letters patent. the crown prosecutor intimated his intention to question the interpretation of the words 'decision on a point of law decided by the trial judge' in the full bench decision in ..... judge my lord the chief justice agreed with the majority verdict and the accused was sentenced to death. he moved the advocate-general for a certificate under clause 26, letters patent, which empowers him to certify that a point or points of law which has or have been decided by the court should be further considered and the crown prosecutor opposed ..... cornish, j.1. the learned chief justice acting under clause 25, letters patent, has reserved as a point of law for determination under clause 26 the question whether certain statements given in evidence at the trial of m. ramanuja ayyangar for murder were .....

Tag this Judgment!

Jan 16 1934 (PC)

Dara Sivarao Vs. Kola Subbarao

Court : Chennai

Decided on : Jan-16-1934

Reported in : (1934)66MLJ563

sundaram chetty, j.1. this is a letters patent appeal against the judgment of our learned brother jackson, j. the appeal arises out of a suit filed by the plaintiff who is the assignee of a mortgage held by ..... within the purview of section 115 of the evidence act, and therefore, the plaintiff as the representative of the 4th defendant is equally estopped.3. in the result, this letters patent appeal is dismissed with costs.

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //