Privy Council Court November 1930 Judgments
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Official Receiver Vs. P.L.K.M.R.M. Chettyar Firm
Court: Privy Council
Decided on: Nov-25-1930
Lord Atkin: This is an appeal from a judgment of the High Court of Rangoon by which the Court on appeal from the District Judge in Bankruptcy reversed the decision of the District Judge in a matter which arose in the separate bankruptcies of a man named Maung Ba Than and his wife, Ma Ngwe Tin, who were engaged in some kind of commercial enterprise (not very clearly defined) in Kyauktan. The husband and wife were separately adjudicated bankrupt on 28th November 1897, on the petition of a petitioning creditor, a moneylender, who, in his petition, called attention to an alleged mortgage by the debtors in July of the same year. Shortly afterwards the Official Receiver was appointed receiver, and a subsequent application was made by the Official Receiver to declare fraudulent the mortgage in question. The actual application was made under S. 53, Provincial Insolvency Act of 1920, which provided that "any transfer of property not being a transfer made before and in consideration of marriage ...
Nageshwar Bux Roy Vs. Bengal Coal Co. Ltd. and Others
Court: Privy Council
Decided on: Nov-24-1930
Lord Macmillan: The subject matter of dispute in this appeal is the right to the minerals and particularly the coal lying under the village of Rajhara. The plaintiff, how the appellant, claims that these minerals belong to him in virtue of his proprietorship of the Bisrampur Estate, within which the village of Rajhara lies, and in his plaint prays for a declaration to that effect. It appears that by sanad dated 21st February 1789, an ancestor and predecessor-in-title of the plaintiff granted the village on jamabrit tenure to Pande Shiva Ram and Pande Shankar Ram. The successors of the latter in turn granted in 1855 a mukarrari patta or lease of the village to the Secretary of the Bengal Coal Co., Ltd., on behalf of that company with an express right to work the under-lying coal. The suit is directed against the Coal Co. and the present representatives of the grantees under the sanad of 1789 who are also the representatives of the grantors of the lease of 1855 in the company's favour. S...
Ramanathan Chetty Vs. Mira Saibo Marikar
Court: Privy Council
Decided on: Nov-18-1930
Lord Russell of Killowen: This is an appeal from a decree of the Supreme Court of the Island of Ceylon reversing a decree of the District Court of Colombo. The relevant facts can be briefly stated. The parties to the action were both of them creditors of Nana Moona Mahamado Rawther and Co., who carried on business as ten merchants at Nos. 35 and 65, Second Cross Street, Colombo, and who may be conveniently referred to as " the firm." On 18th June 1925, the firm filed their petition in insolvency. The respondent, who carried on business at No. 69, Second Cross Street, and had heard of the insolvency, observed that ten was, on 2lst June 1925, being removed from the firm's premises at 65, Second Cross Street. The tea was on that day being removed in pursuance of an agreement which had been come to between the firm and the appellant on 16th June 192S whereby tea. and other goods were invoiced by the firm to the appellant at a sum of Rs. 21,700, the appellant being debited with that amount ...
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