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Judgment Search Results Home > Cases Phrase: rationale Court: chennai Year: 1924 Page 1 of about 6 results (0.038 seconds)

Oct 30 1924 (PC)

Pongiammal Vs. Kuttiyammal

Court : Chennai

Decided on : Oct-30-1924

Reported in : (1925)48MLJ187

orderwallace, j.1. the question that arises in this revision petition is one of some difficulty. the counter-petitioner claimed maintenance from the petitioner under section 488 of the criminal procedure code before the sub-divisional magistrate of gobichettipalayam. it was pleaded on the petitioner's behalf that he is insane and that therefore the divisional magistrate ought to have followed the procedure laid down in chapter xxxiv of the criminal procedure code. the magistrate on 9th january 1924 on a petition by the petitioner's mother apparently held the petitioner to be insane and appointed the mother as his guardian ad litem, but, when the case came into court on 24th january, 1924 the magistrate considered from his own observation of the petitioner that he was not insane or incapable of understanding the proceedings. he then, without cancelling his order appointing the mother as the guardian ad litem, heard the case and passed an order that the counter-petitioner was entitled to separate maintenance.2. on the petitioner's behalf it is claimed that he is really insane and incapable of understanding the proceedings and that, therefore, the magistrate's proceedings are void.3. it may be pointed out at once that the magistrate had no power under the criminal procedure code to appoint a guardian ad litem for a lunatic. the proceedings under section 488 may be quasi civil, but they are also criminal and are wholly governed by the provisions of the criminal procedure code .....

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Oct 30 1924 (PC)

Appichi Goundan Vs. Kuthujammal

Court : Chennai

Decided on : Oct-30-1924

Reported in : AIR1925Mad440

wallace, j.1. the question that arises in this revision petition is one of some difficulty. the counter-petitioner claimed maintenance from the petitioner under section 488 of the criminal procedure code before the sub-divisional magistrate of gopichettypalayam, it was pleaded on the petitioner's behalf that he is insane and that the divisional magistrate ought to have followed the procedure laid down in chapter xxxiv of the crim. pro. code. the magistrate on 9-1-1924 on a petition by the mother apparently held the petitioner to be insane and appointed the mother as his guardian ad litem but when the case came into court on 24-1-1924 the magistrate considered from his own observation of the petitioner that he was not insane or incapable of understanding the proceedings. he then without cancelling his order appointing the mother as the guardian ad-litem heard the case and passed an order that the counter-petitioner was entitled to separate maintenance. on the petitioner's behalf it is claimed that he is really insane and incapable of understanding the proceedings and that, therefore, the magistrate's proceedings are void.2. it may be pointed out at once that the magistrate had no power under the criminal procedure code to appoint a guardian ad litem for a lunatic. the proceedings under section 488, may be quasi civil but they are also criminal and are wholly governed by the provisions of the criminal procedure code alone. the magistrate made no sort of enquiry and got no .....

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Oct 13 1924 (PC)

Appichi Goundan, of Unsound Mind, Represented by His Mother Pongi Amma ...

Court : Chennai

Decided on : Oct-13-1924

Reported in : (1925)ILR68Mad388

wallace, j.1. the question that arises in this revision petition is one of some difficulty. the counter-petitioner claimed, maintenance from the petitioner, under section 488 of the criminal procedure code, before the sub divisional magistrate of gobichettipalaiyam. it was pleaded on the petitioner's behalf that he is insane and that therefore the divisional magistrate ought to have followed the procedure laid down in chapter xxxiv of the criminal procedure code. the magistrate on 9th january 1924, on a petition by the petitioner's mother, apparently held the petitioner to be insane and appointed the mother as his guardian ad litem but, when the case came into court on 24th january 1924, the magistrate considered from his own observation of the petitioner that he was not insane or incapable of understanding the proceedings. he then, without cancelling his order appointing the mother as the guardian ad litem, heard the case and passed an order that the counter-petitioner was entitled to separate maintenance.2. on the petitioner's behalf it is claimed that he, is really insane and incapable of understanding the proceedings and that therefore the magistrate's proceedings are void.3. it may be pointed out at once that the magistrate had no power under the criminal procedure code to appoint a guardian ad litem for a lunatic. the proceedings under section 488 may be quasi civil but they are also criminal and are wholly governed by the provisions of the criminal procedure code alone .....

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Oct 29 1924 (PC)

Ganshamdoss Narayandoss and ors. Vs. Saraswathi Bai and ors.

Court : Chennai

Decided on : Oct-29-1924

Reported in : AIR1925Mad861

kumarswami sastry, j.1. these suits relate to house and ground no. 2/100 perumal mudali street, madras, described in the schedules to the plaint.2. the following facts are not in dispute. one govindoss ganshamdoss had two wives. the first wife was krishna bai and the second wife was ganga bai. by krishna bai, he had a son narayandoss and a daughter kaveri bai. narayandoss had a son ganshamdoss, who is the plaintiff in c.s. no. 755 of 1920. kaveri bai died issueless, in october 1908, and it is alleged that she left a will, dated 5th of april, 1908. by the second wife, ganga bai, govindoss ganshamdoss had three daughters, saraswathi bai, who died in 1923, bhagirathi bai who died in october, 1909, leaving a son jamnadoss who is the plaintiff in o.s. nos. 557 of 1921 and 290 of 1923 and gulab bai, who in a defendant in c.s. nos. 755 of 1920 and 557 of 1921. sarasvathi bai, who was left a widow when she was quite young, subsequently became a convert to mahomedanism and married a mahomedan and died professing the mahomedan religion in 1923. gulab bai, who also became a widow, when she was young, married a mahomedan and is now professing the mahomedan faith. govindoss ganshamdoss died on the 18th of december 1891, having left a will, of which probate was granted by the high court. the will is filed as ex. a. he appoints as executors his son narayandoss and one goverdhandoss. the material portions of the will run as follows;3. my second wife ganga bayee's pulla (or dowry) jewels .....

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Sep 12 1924 (PC)

The M. and S.M. Railway Co. Ltd. Vs. Jayammal

Court : Chennai

Decided on : Sep-12-1924

Reported in : 85Ind.Cas.969; (1924)47MLJ887

charles gordon spencer, c.j.1. the plaintiff-respondent is a little girl of seven years of age who was run over by a locomotive engine at wallajah road railway station and lost her right arm and her right leg. she has been awarded rs. 3,500 damages and costs in the court of first instance by coutts-trotter, j. the railway company has appealed.2. the facts are clear that the plaintiff, who lived with her father in the village of ammur adjoining wallajah road station, crossed the line in order to go to her grandmother's house and that she was returning with a basket full of grass when she was knocked down by the engine of the ranipet train which had left its carriages standing by the platform after uncoupling and had gone up the line eastwards, tender foremost to the points, then reversed, and was running down, head foremost, along the loop line towards the engine shed where it had to water, when the accident happened. the plaintiff herself states that on her way home she crossed by the way leading from the wicket gate near the assistant station master's house, the engine ran over her, and she was injured. of her 4th and 5th witnesses, who are merchants professing to have been eye-witnesses of the accident, p.w. 4 states :-' the girl came with a basket of grass on her head and entered the gate and was walking towards the west. she had to pass along the line a little to reach the station platform and then go to her village. when she put her leg on the line the accident happened. .....

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Sep 12 1924 (PC)

Madras and Southern Maratha Railway Co. Ltd. Vs. Jayammal

Court : Chennai

Decided on : Sep-12-1924

Reported in : AIR1925Mad304

spencer, c.j.1. the plaintiff-respondent is a little girl of seven years of age who was run over by a locomotive engine at wallajah road railway station and lost her right arm and her right leg. she has been awarded rs. 3,500 damages and costs in the court of first instance by coutts-trotter, j. the railway company has appealed.2. the facts are clear that the plaintiff, who lived with her father in the village of ammur adjoining wallajah road station, crossed the line in order to go to her grandmother's house and that she was returning with a basket full of grass when she was knocked down by the engine of the ranipet train which had left its carriages standing by the platform after uncoupling and had gone up 'the line, eastwards, tender foremost to the point then reversed, and was running down, head foremost, along the loop line towards the engine shed where it had to water, when the accident happened. the plaintiff herself states that on her way home she crossed by the way leading to the wicket gate near the assistant station master's house, the engine ran over her, and she was injured. of her 4th and 5th witnesses, who are merchants professing to have been eye-witnesses of the accident, p.w. 4 states:the girl came with a basket of grass on her head and entered the gate and was walking to wards the west. she had to paas along the line a little to reach, the station platform and then go to her village. when she put her leg on the line the accident happened. p.w. 5 states:the .....

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