Privy Council Court April 1930 Judgments
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Jitendra Nath Ghose and Others Vs. Monmohan Ghose and Others
Court: Privy Council
Decided on: Apr-29-1930
Sir George Lowndes: The appellants are the owners of a ganti tenure known as Dahar Nalbunia in the Khulna District. On 26th January 1885, shortly before the passing of the Bengal Tenancy Act 8 of 1885, the predecessor-in-title of the appellants created a darganti or under-tenure in favour of three ladies (hereinafter referred to as the dargantidars) at an annual rent of Rs. 629-11-0 payable in four kists or instalments. By the terms of the kabuliyat then executed by the dargantidars his tenure was non-transferable, and provision was made for default as follows: "In case of default in payment of any kist we shall pay the whole amount of the List together with half of it by way of interest within the period from the date following the date of the kist, up to the 30th Chaitra of the same year. Besides the rent, we shall pay along with it all existing and future Government cesses, etc., according to the aforesaid kistibundi, and in case of default of any kist we shall without any objection...
Performing Right Society Ltd. Vs. Urban District Council of Bray
Court: Privy Council
Decided on: Apr-10-1930
The Lord Chancellor: On 16th September 1926 the Performing Right Society, Ltd., hereinafter called the appellants, issued a writ against the Urban District Council of Bray hereinafter called the respondents, claiming an injunction to restrain the respondents, their servants or agents, from infringing the appellants' copyright by performing in public the musical works known as "Venus on Earth" (Lincke) and " Lilac Time " (Sehubert, Clutsam). The learned Judge (Johnston, J.) decided in favour of the appellants. His judgment was reversed by an order of the Supreme Court (Kennedy, C. J. and Fitzgibbon, J.), dated 15th November 1927. The present appeal is from that order. "Venus on Earth" was composed by a German national, and was first published in Germany in 1896 or 1897, and the performing right in it was assigned by the composer to the appellants on 19th May 1925. "Lilac Time" was the work of an English national, and was composed in the autumn of 1921. It was assigned by the composer to...
Nilkanth Balwant Natu and Others Vs. Vidya Narasinh Bharathi Swami and ...
Court: Privy Council
Decided on: Apr-01-1930
Sir Lancelot Sanderson: The first appeal is by the plaintiffs in the suit, and the cross-appeal is by the second defendant, Vidya Narasinh Bharati Guru. The plaintiffs brought the suit in the Court of the Subordinate Judge at Satara, as successors in title to one Balaji Narayan Natu, who was the mortgagee under certain mortgage-deeds specified in the plaint, and executed between the years 1840 and 1844. The mortgages were made by Vidya Shankar Bharati, who is deceased. Defendants 1 and 2 were rival claimants to the office of Jagad Guru of the Sankeshwar and Karvir Math, and each of them claimed to be the sole successor of the mortgagor. Respondent 1 is the legal representative of the first defendant. The cross-appeal presented by defendant 2 is with reference to mortgaged properties situated in Kolhapur district and is based upon the allegation that the Satara Court had no jurisdiction to entertain the suit with regard to the said properties in Kolhapur, which lie outside British India...
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