Privy Council Court January 1930 Judgments
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The Trustees' Corporation (India) Limited Vs. the Commissioner of Inco ...
Court: Privy Council
Decided on: Jan-30-1930
Lord Blanesburgh: This is an appeal from a judgment of the High Court of Judicature at Bombay, upon a reference made to that Court by the Commissioners of Income-tax under S.66 (2), Income-tax Act, 1922. The substantial question for decision by the Board is whether the appellants are liable to pay Indian super-tax for the year 1924-1925 on the footing that at the least they made no loss by, so that they are entitled to no credit in respect of the realisation of a certain block of shares in the Burma Corporation (India), Limited, sold in January 1924, in the circumstances now to be stated. The High Court have held them to be so liable. Hence this appeal. The appellants, who will be referred to as the Indian Company, were incorporated under the Companies' Act on 10th February 1920; with a nominal capital of seven crores of rupees, divided in to 350,000 shares of 200 rupees each. Promoted as a private company by two English companies, the Share Guarantee Trust, Limited, and the Interconti...
(Misir) Bhairon Prasad Vs. Mt. Gopi Kunwar and Another
Court: Privy Council
Decided on: Jan-28-1930
Lord Atkin: This is an appeal from the High Court at Allahabad in a suit which had been commenced in the Court of the Subordinate Judge at Mainpuri, in which the plaintiff claimed that he and his brother Jwala Prasad were members of a joint Hindu family, and claimed possession of the property from the widow of Jwala Prasad. The widow alleged in the case that she had given birth to a posthumous son of Jwala Prasad, and also that before the death of her husband there had been a separation. The substantial issue in the case as it eventually developed was the question whether or not the widow had, in fact, given birth to a son. The deceased man had died on 26th October 1918. The child was alleged to have been born on 7th July 1919, and it is sufficient to say that if in fact there was a child born of the body of the widow, Gopi Kunwar, then that child must be taken to be the son of Jwala Prasad. There is no suggestion to the contrary and the ordinary presumption of paternity would apply an...
Adjai Coal Co. Ltd. Vs. Panna Lal Ghosh and Others
Court: Privy Council
Decided on: Jan-28-1930
Lord Thankerton: In this action which was instituted on 22nd September 1919, the plaintiffs, who are appellants in the leading appeal, sue in respect of a trespass into their coal mine by the principal defendants, who carry on business under the name of the Nandi Coal Association, the lessees of an adjacent mine, and who are respondents 1 to 6 in the leading appeal. The relief claimed in the action was (1) an enquiry as to the amount of coal cut and taken away by the defendants and damages in respect thereof, (2) the cost of constructing an artificial barrier necessitated by the trespass, and (3) an injunction against further trespass. The original defendant 1 having died. The present defendant and respondent 1 was brought on the record, and on 8th December 1921, filed an additional written statement of defence. Prior to this the issues had been adjusted and they were not subsequently amended, in view of a point raised in the additional statement. Andrew Yule and Co. Ltd., the present ...
(Morris) Leventhal and Others Vs. David Jones Ltd.
Court: Privy Council
Decided on: Jan-28-1930
Lord Merrivale: This appeal from a judgment of the Supreme Court of New South Wales raises questions as to the construction of a series of documents exchanged between lessors and lessees of business premises in George Street, Sydney, with the intention of ascertaining precisely their respective liabilities for the taxes payable in respect of the premises. The dispute between the parties has given rise to conflicting judicial opinions, expressed in a suit in equity instituted by the lessees and an ejectment action brought by the lessors, in each of which the lessors obtained judgment, and in an appeal of the lessees to the Supreme Court of New South Wales where the lessees were successful. The lessors are appellants against the judgment of the Supreme Court. The lease of the premises, dated 30th November 1909, but sealed by the respondents pursuant to a resolution of the Board passed on 1st March 1910, demises the premises for 33 years from 1st August 1909. Among the lessees' covenants ...
Bai Mangu and Others Vs. the Bharatkhand Cotton Mills Co. Ltd.
Court: Privy Council
Decided on: Jan-28-1930
Lord Atkin: This is an appeal from a decree of the High Court of Judicature at Bombay reversing a decree of the Subordinate Judge of Ahmedabad and dismissing with costs a suit brought by the appellants against the respondent company. There has been much litigation between the parties and others which is relevant to the issues that arise in these suits. The course of the litigation has been carefully and adequately set forth in the judgment appealed from of the present Chief Justice of Bombay, who has appended to his judgment a valuable table of the relevant dates and decrees. The facts have also been fully set out in the judgments below. In the view taken by their Lordships it becomes unnecessary to discuss many of the matters that were in contest in the Courts below and before the Board, and their Lordships will proceed to state only so much of the facts as is essential to explain the reason for their decision. The respondent company, the Bharatkhand Cotton Mills Company, Limited, was...
Wanganui Sash and Door Factory and Timber Co. Ltd., Vs. Roland Moore M ...
Court: Privy Council
Decided on: Jan-24-1930
LORD RUSSELL OF KILLOWEN: In this case the defendants to the action appeal from an order of the Court of Appeal of New Zealand reversing a judgment of Reed, J., in their favour. The action was brought for infringement of New Zealand Letters Patent No. 34845. The main defence relied upon was invalidity of the patent based on want of novelty and want of subject matter. The Letters Patent were originally granted in 1914, but in the month of November 1924 the patentee obtained leave to amend his complete specification and it is upon a consideration of the specification as so amended that the rights of the parties fall to be decided. The first step is to construe the specification and ascertain what it is that the patentee claims as his invention. The specification is entitled "Reinforced Concrete Tiles for Building Purposes." The patentee states that his invention consists in the manner of constructing the concrete tiles so as to produce a tile with certain specified qualities. He then pro...
Lord Strickland and Others Vs. Giuseppe Grima and Others
Court: Privy Council
Decided on: Jan-23-1930
Lord Blanesburgh: This appeal is concerned with the validity of the election in July 1928, of two of the appellants, Messrs. Mifsud and Borg to be members of the Senate of Malta, representatives there of the Trades Union Council of the island. The Court of Appeal in Malta, by a judgment of 14th August 1928, has declared their election to be null and void and this is an appeal from that judgment. A preliminary question of serious importance at once arises : viz., whether His Majesty can be advised further to entertain the appeal, and their Lordships, in the first instance at all events, must direct their minds to the consideration of that question to the exclusion of every other. Although special leave to appeal had been granted by His Majesty in Council, it was recognized that it was not thereby intended that the Board, with all the facts before it, should be precluded from reconsidering whether the appeal was competent, and counsel on both sides before their Lordships agreed that that...
Sourendra Nath Mitra and Others Vs. Tarubala Dasi
Court: Privy Council
Decided on: Jan-23-1930
Lord Atkin: This is an appeal from the High Court of Judicature in Calcutta, who, differing from the Subordinate Judge of Hoogly, refused to record an alleged memorandum of compromise and to make a decree in accordance therewith. The disputed compromise was made in a partition suit in which the present appellants were plaintiffs and the present respondent was defendant. The question at issue is whether an agreement of compromise made between the plaintiffs and counsel for the defendant bound the defendant. It involves important considerations as to the authority of an advocate in India to bind his client. The parties are members of a Hindu family governed by the Bengal school of Hindu Law. The suit related to the joint property inherited from the paternal grandfather of the plaintiffs, one Ishan Chandra Mitra, who had died in 1900. The plaintiffs were the children of the two elder sons of Ishan Chandra Mitra. The defendant was the widow of the third son, Charu Chandra Mitra, who had su...
James Richardson and Sons Ltd. Vs. the Ship robert J. Paisley
Court: Privy Council
Decided on: Jan-21-1930
LORD MERRIVALE: The collision in question took place on 18th January 1927 while the S. S. "Saskatchewan," the appellants' vessel, was lying moored, outside ship in a tier, at a slip in a recessed area at the west side of Owen Sound. The "Paisley" is a steel S. S. of 3,762 tons gross register, 3,130 net, 360 feet length, 50 feet beam, and 28 feet depth, registered in the United States; the "Saskatchewan" is a steel S. S. of 1,860 tons gross register, 1,089 net, 266 feet long and of 38 feet beam. The Sound is a deep and narrow inlet of Lake Huron. It has natural advantages of situation and form for the heavy cargo traffic of the Great Lakes, and at the time in question was undergoing development as a harbour. Both the "Paisley" and the "Saskatchewan" had been laid up in the Sound at winter moorings, each with a cargo of grain, as had numerous other vessels of considerable tonnage with like cargo. Before 18th January the movement of ships had been going on in the Sound for several days, u...
Ottoman Bank Vs. Etienne Chakarian
Court: Privy Council
Decided on: Jan-21-1930
Lord Thankerton: In this action the plaintiff, who is respondent in the leading appeal, seeks to recover damages for wrongful dismissal from the defendant Bank, who are appellants in the leading appeal. The trial Judge found the appellants liable in damages, which he assessed on an alternative basis. The appellants appealed to the Supreme Court of Cyprus, who affirmed the trial Judge on the question of liability, but directed the re-assessment of damages on a lower basis. Prom that judgment the leading appeal was taken by the appellants on the question of liability, and the respondent has taken a Gross-appeal on the question of damages. The respondent, who was an Armenian and a Turkish subject, became a temporary employee of the appellant Bank in 1901 at the branch office at Aidin in Turkish Asia Minor. In 1903 he entered the permanent service of the Bank, and subscribed to a book of regulations, called " Caisse de Pensions et de Retraite," which deals with conditions of service and a ...
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