Privy Council Court November 1929 Judgments
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Surendra Nath Karan Deo Vs. (Kumar) Kamakhya NaraIn Singh
Court: Privy Council
Decided on: Nov-29-1929
SIR JOHN WALLS: This suit was instituted in 1919 by the Court of Wards on behalf of the plaintiff, the Rajah of Ramgarh, who was then a minor against defendant 1 the Rajah of Barsote, who was also a minor and others claiming under him for a declaration that his tenure ordinarily known as the Barsote Lat"is not a shamilat or shikmi taluk of the Ramgarh estate nor is it non-resumable as recorded in the khewat forming part of the Record-of-Rights prepared by the Settlement Officer under the provisions of the Chota Nagpore Tenancy Act 1908, and for a further declaration that it is an ordinary jagir under the Ramgarh Raj and is resumable on failure of the direct male line of Raja Pirthi Karan, an ancestor of defendant 1, who, according to the plaint was the original grantee. The Record-of-Rights was drawn up in 1914, and it was open to the plaintiff under S. 87 of the Act to file a suit before a revenue officer within three months to rectify the entry in the khewat. This not having been don...
Commr. of Income-tax, Bombay Presidency Vs. Bombay Trust Corporation, ...
Court: Privy Council
Decided on: Nov-26-1929
VISCOUNT DUNEDIN: The respondents in this case are the Bombay Trust Corporation, Limited, who are a company having their office in Bombay. A company called the Hongkong Trust Corporation, incorporated in Hongkong (hereinafter called the Hongkong company), lent money, from time to time, on deposit to the respondents at the rate of 51/4 per cent, and the respondent duly paid interest at that rate on the money deposited. The Senior Income-tax Officer duly served a notice on the respondents in terms of S. 43, Income-tax Act, 1922, that he intended to treat them as agents of the Hongkong company, and after hearing the respondents as to liability he assessed them to income-tax and super tax as agents of the Hongkong company in respect of the amount of interest in the year of charge. The respondents appealed to the Commissioner under S. 30 of the Act contending that they were not liable to be so assessed, and also raising questions as to amount. The Commissioner on the hearing of the appeals ...
Chung Chuck Vs. Rex
Court: Privy Council
Decided on: Nov-25-1929
The Lord Chancellor: These are consolidated appeals from a judgment of the Court of Appeal of British Columbia, and they arise out of the prosecutions instituted against the appellants for offences against the Produce Marketing Act (Statutes of British Columbia, 1926-27. Chap. 54), as amended by the Produce Marketing Act Amendment Act (Statutes of British Columbia, 1928, Chap. 39), and certain regulations and orders made thereunder. The appeals are brought in pursuance of leave granted to the appellants by the Court of Appeal of British Columbia. Though the proceedings in the Courts below were somewhat different in form, both appeals raise the same point for decision here. The appellant in the first appeal, Chung Chuck, who resided and grew potatoes within the area in question in 1928, was charged on 8th August 1928, with unlawfully marketing potatoes on 29th June 1928, within British Columbia without the written permission of the Mainland Potato Committee, and was convicted and fined ...
Sadasheo Vs. Vithoba and Others
Court: Privy Council
Decided on: Nov-22-1929
VISCOUNT DUNEDIN: This is an appeal ex parte. The suit was brought by respondent 1, who does not appear, in March 1923, in the Court of the Munsiff of Kelapur, against the appellant, who is his landlord, to have it declared that he is permanent tenant of certain fields by virtue of the provisions of the Berar Alienated Villages Tenancy Law, 192.1. By S. 47 of that Act, which came into force on 1st January 1922, it is provided that "A tenant, other than an ante-alienation tenant or a sub-tenant, who, at the commencement of this law, has either by himself or by himself and through his predecessor-in-title, sub-tenant or mortgagee in possession, held land continuously from a date previous to 1st day of June 1895, shall, notwithstanding any agreement to the contrary executed prior to the commencement of this law, be deemed to be a permanent tenant of such land." Admittedly respondent 1 has held the fields continuously from a date prior to 1-01- 1895, up to the spring of 1921. In March 1921...
Vellaswamy Servai and Others Vs. L. Sivaraman Servai
Court: Privy Council
Decided on: Nov-22-1929
SIR BINOD MITTER: The appellants alleged that R. Muniandy Servai (hereinafter referred to as the testator) executed a will dated 22nd January 1906, by which he appointed the appellant Vellasawmy Servai and one S. Muniandi Servai as executors to the will. The testator died on 16th February 1924 He deposited this will personally in the Registration Office in Rangoon on the very day that it was executed, and it remained there until it was produced by the Registrar in this case. The District Judge held this will to have been duly proved, and although the High Court in its judgment threw doubts on its genuineness, the respondent before the Board did not seriously dispute its validity. Their Lordships agree with the District Judge and hold that this will was duly executed. The respondent alleged that the testator duly executed another will dated 23rd January 1924. The main question involved in this appeal is whether this will was duly executed by the testator. The respondent on 7th August 19...
Bon Kwi and Others Vs. Firm S.K.R.S.K.R. and Others
Court: Privy Council
Decided on: Nov-21-1929
SIR LANCELOT SANDERSON: This is an appeal by special leave from a decree of the High Court of Judicature at Rangoon dated 7th September 1925, which affirmed a decree of the District Judge of Pyapon dated 12th November 1924. The suit was brought on 10th November 1923 by the respondent firm to enforce a mortgage dated 1-08-1921 which was executed by Ma Kyin Yon, respondent 2 in this appeal. The property, which is the subject of the mortgage, was part of the estate of one Kc Sit So, a Chinese Buddhist, who died intestate in 1917. Ko Sit So had two wives, one Chinese, by whom he had three sons, and one Burmese, viz., Ma Kyin Yon, by whom he had no children. The Chinese wife predeceased him, and his family by her is represented in this litigation by the first three appellants (who are the issue of Ko Sit So's deceased son, Son Hock) and his two sons, Hon Leong (appellant 4) and Po Whet (respondent 3). Appellants 5 and 6 are said to have purchased the interests of two children (Eng Hock and ...
Kalipada De and Others Vs. Dwijapada Das and Others
Court: Privy Council
Decided on: Nov-19-1929
LORD DARLING: The question in this appeal is as to the right of inheritance to one Nistarni who is entitled under her father's will to the property in suit. She died childless and intestate in November 1909. There were various claims to her estate, but this appeal is concerned only with the claim of respondent 1, Dwijapada, on the one hand, and two brothers, Gokal and Banwari (through whom the appellants claim) on the other. On the death of Nistarini, applications were made by both parties to the District Court for the grant of letters of administration to her estate under Act 5 of 1881. The proceedings being contentions were tried as a suit by the Subordinate Judge to whom the case was transferred under the provisions of Bengal Act 12 of 1887. The principal, if not the only, question for his decision was whether Dwijapada was the nearest heir of Nistarini, this depending upon a pure question of fact, namely, whether Dwijapada's mother was the sister of Nistarini's husband. This issue ...
Roshan Ali Khan and Another Vs. Asghar Ali and Others
Court: Privy Council
Decided on: Nov-19-1929
SIR JOHN WALLIS: The main question in these consolidated appeals is whether in the family of the late Muzaffer Husain Khan who died without issue in 1865, leaving two widows, there is a customary rule of succession which supersedes the Mahomedan Law and entitles plaintiff 1 in this suit, Roshan Ali Khan, to succeed to his estate as his nearest male agnate on the death of the junior widow, Mahmudunnisa, who died on 16th May 1911, nearly forty-years after the death of the senior widow Mithanunnisa. This suit, which was instituted on 15th May 1923. the day before it would have become barred, was brought for the recovery of the shares owned by Muzaffer Husain Khan, in the village of Dewa and the other villages in the pargana of the same name specified in Sch. B of the plaint, which at the date of suit were in possession of some of the defendants claiming under transfers from the widows themselves or from their heirs. To raise funds for this litigation plaintiff 1 has parted with three-four...
Julien Marret Vs. Mahomed Khaleel Shirazi and Sons and Others
Court: Privy Council
Decided on: Nov-15-1929
LORD ATKIN: Their Lordships find it unnecessary to call upon counsel for the respondents in this case. This is an appeal from the High Court of Madras dismissing an appeal by the plaintiff, Mr. Marret. The suit arose cut of a. previous litigation, in which defendants 1 in this case, who are the respondents here, Messrs. Shirazi and Sons, brought an action against a French company and against Mr. Marrot in respect of contracts for the sale and delivery of hides. It appears that the French company carried on a tannery business in France and Mr. Marret had acted as their agent in Madras and in India generally. He also carried on business on his own account. In that suit Shirazi sued both the French company and Marret, alleging that Marret had acted as agent for the French company, and as soon as the plaint was issued, by the procedure which is provided in India, the plaintiffs proceeded to obtain attachment, before judgment, of property which they alleged belonged to the defendants, or ei...
Mudanna Virayya Vs. Mudanna Adenna and Others
Court: Privy Council
Decided on: Nov-12-1929
LORD TOMLIN: This is an appeal against a decree dated 18th November 1924, of the High Court of Judicature at Madras, modifying a decree dated 19th January 1922, and made by the Additional Subordinate Judge of Guntur on the trial of the suit. The questions in the suit relate to the affairs of a joint Hindu family belonging to the Kamma sect of the Sudra caste and resident and holding lands in the Narasaraopet taluk of the Guntur District. The family consisted of four brothers. The eldest brother had long before the material events separated himself from the family, and is, therefore, out of the case. The second brother, Ramanna whose death led to the litigation, had an only son, Naganna, who predeceased him in April 1908, childless, but leaving a widow. The third brother, Subbanna, the plaintiff in the suit and since deceased, had two sons, one of whom died in 1914, and the other of whom, named Virayya, is the present appellant. The fourth brother, Adenna, had three sons, of whom the se...
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