Privy Council Court July 1930 Judgments
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Bank of Montreal Vs. Dominion Gresham Guarantee and Casualty Co.
Court: Privy Council
Decided on: Jul-17-1930
Lord Tomlin: This is an appeal from a judgment dated 27th May 1989, of the Supreme Court of Canada, whereby the Court by a majority reversed a judgment of the Court of King's Bench in appeal and directed judgment for 7,565.61 dollars and costs in all Court to be entered in favour of the present respondents against the present appellants. The action arises out of frauds committed, by one K. V. Rogers while employed as chief accountant by Willis Faber and Co. of Canada, Ltd., who will be hereafter referred to as the customers. Rogers had entered the customers service in 1907 and became their chief accountant in 1912. The fidelity of Rogers was insured by the customers with the respondents for one year from 23rd May 1921. During that year frauds were committed by Rogers and the customers recovered under their policy from the respondents 7,565.61 dollars in respect thereof. Thereupon the respondents being admittedly subrogated to the rights of the customers, began the action of which this ...
Mt. Bolo Vs. Mt. Koklan and Others
Court: Privy Council
Decided on: Jul-03-1930
Sir Binod Mitter: These are two consolidated appeals, one by the plaintiff, Mt. Koklan, and the other by the defendant, Mt. Bolo, from a judgment and decree, dated 12th October 1928, of the Court of the Judicial Commissioner, North-West Frontier Province, Peshawar, which reversed a judgment and decree, dated 31st January 1928, of the District Judge of Peshawar, and made a decree partly allowing the plaintiff's claim and partly dismissing it. Kanhaya Lal executed his last will and testament on 27th May 1896, and died in the year 1889, leaving surviving him his sole widow, the plaintiff Mt. Koklan, his infant son Tara Chand, and his great nephew Mohan Lal, as will appear from the following pedigree : The properties left by Kanhaya Lal consisted of moveables and immovable. They were self-acquired and were not ancestral. Two questions are before their Lordships for their decision in this appeal : (1) What is the interest of the plaintiff and the defendant Mt. Bolo in the property left by K...
Dattatraya Krishna Rao Kane Vs. Secy. of State
Court: Privy Council
Decided on: Jul-01-1930
Lord Atkin: This action is brought by the plaintiff, on behalf of himself and other izardar and inamdars who hold land in the territory known as the Berars against the Secretary of State for India in Council, to have it declared that the Act passed in 1921, which one may call shortly the Berar Tenancy Act, is invalid. It is said to be invalid because it is in conflict with and purports to take away rights which the plaintiff and those whom he represents allege were given to them by grant from the Government of India. The position as it exists is due, in the first instance, to the treaties that were made between the, Crown and His Highness the Nizam of Hyderabad. The first treaty was made in 1853, and by the terms of that treaty His Highness the Nizam assigned the districts mentioned in the schedule, which include the territory of the Berar, to the exclusive management of the British Resident for the time being at Hyderabad, and to such other officers acting under his orders as might fr...
Suresh Chandra Mukherjee and Another Vs. (Srijukta) Joytirmoyee Debi a ...
Court: Privy Council
Decided on: Jul-01-1930
Lord Russell of Killowen: The principal question for determination on this appeal is whether on the true construction of a will and in the events which have happened the testatrix died intestate in regard to the one-third share of the properties described in Cl. 6 of her will, which was given to her niece Indumayi Debi for life. The Subordinate Judge at Dacca held that there was no intestacy, and his decision was affirmed (though on different grounds) by the High Court of Judicature at Port William in Bengal. There is no dispute as to the relevant fasts. The testatrix Kripamoyi Debi had no child of her own, but she had three nieces, the daughters of her deceased youngest brother, to whom she had acted as a mother. She had also stepsons and a stepdaughter, the children of her husband by another wife. In those circumstances she made her will on 18th April 1921. Clause 2, so far as relevant, is in the following terms : "My said deceased youngest brother has left three daughters. The eldes...
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