Privy Council Court January 1931 Judgments
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United States Shipping Board Vs. the Ship st. Albans
Court: Privy Council
Decided on: Jan-26-1931
Lord Merrivale: The appellants, the United States Shipping Board, are owners of the "Crown City," a steel screw motorship of 5,428 tons gross register, and 426 feet in length, which on 22nd October 1927, found herself in collision with the defendant's steel single screw steamship "St. Albans," a vessel of 4 119 tons gross register and 367 feet in length, in Sydney Harbour near to Bradley Head, where is found the turning point and place of passing of the traffic into and out of the harbour. The "Crown City" was outward bound for Melbourne from Wooloomooloo Bay within the harbour. The "St. Albans" was inward bound from Japan. In its actual incidents the collision, which took place in broad daylight, was of an ordinary kind involving simple questions to be determined upon the usual conflict of evidence as to the exact place of the casualty and the course and management of the ships. The proceedings in the litigation have been of an unusual kind. Under the provisions of the law locally app...
G.H.C. Ariff Vs. Jadunath. Majumdar Bahadur
Court: Privy Council
Decided on: Jan-23-1931
Lord Russell of Killowen: By this suit the appellant sought to recover possession of a parcel of land from the respondent, upon an allegation that the respondent was a monthly tenant at will thereof, whose tenancy had been effectively determined before suit. The action was tried in the Court of the Munsif of Sealdah. He found in favour of the appellant, that a notice to quit had been duly served; hut ho also found, in favour of the respondent upon other issues, that the respondent was a permanent tenant and dismissed the suit. An appeal to the District Judge was dismissed. The relevant facts, as found in both these Courts, may be shortly stated. In 1913 a verbal agreement was made between the appellant and respondent, for the grant to the respondent by the appellant of a permanent lease of a small parcel of land at a total rent of Rs. 80 per month. In anticipation of the execution of the lease the respondent was let; into possession in June 1913 and shortly thereafter he erected certai...
Padmalav Achariya and Another Vs. (Srimatyia) Fakira Debya and Others
Court: Privy Council
Decided on: Jan-19-1931
Sir John Wallis: The parties in the case belong to a Brahmin family of good standing who carried on a money-lending business in the District of Cuttack in Orissa and acquired moveable and immovable property valued at two lakhs of rupees. The defendants are the sons and grandsons of Narsingh, who belonged to the senior branch of the family and died in 1914, and the plaintiff, Fakira, is the widow of Abhimanyu, the posthumous son of Kulamoni, who belonged to the junior branch. According to the defendants Kulamoni before his death in 1877 adopted Narsingh's second son Udaya, and similarly in 1903 Kulamoni's son Abhimanyu twelve years before his death in 1915, adopted Udaya's eldest son Padmalav, defendant 1. In June 1924, nine years after her husband's death, the plaintiff, Fakira, filed the present suit in the Court of the Subordinate Judge of Cuttack to recover her husband's share in the suit properties. She alleged that before her husband's death Narsingh's son, Udaya, had set up a fal...
Dawood Hashim Esoof and Another Vs. C. Tuck Shein
Court: Privy Council
Decided on: Jan-19-1931
Sir George Lowndes: The parties to this appeal are the owners of rival saw-mills on or adjacent to the northern end of a tidal creek communicating to the south with the Rangoon River, through which the tide flows into the creek. The value of the creek is as a means of floating logs up from the river to the mills. The appellants are admittedly the owners under grant from the Government of the soil of this part of the creek, which extends for about 200 feet to the north of the Strand Road. They are also the owners of land on the north and east sides of it. Their predecessors-in-title had reclaimed a considerable portion on the east, and at the time when the suit out of which this appeal arises was instituted, only a narrow strip from 40 to 50 feet wide was left to which the tide had access. It will be convenient to refer to the part of the creek to the north of the Strand Road, with which alone the dispute is concerned, as the upper creek. The Strand Road crosses the creek by a bridge, a...
Gobinda Narayan Singh and Others Vs. Sham Lal Singh and Others
Court: Privy Council
Decided on: Jan-15-1931
Sir George Lowndes: The appellants, the plaintiffs in the suit out of which this appeal arises, represent in two moieties an important permanently settled zemindari known as the Pandara Raj. It seems to have been originally part of the Jungle Mehal, but is now included in the District of Manbhum. The appearing respondents are the Thakur of Achra and two other persons representing part-purchasers of the Achra estate. The Thakurs are a junior branch of the Pandara family and are in possession of the remnants of 32 villages known as Taraf Achra. The question for determination in the appeal is as to the coal-mining rights in one of these villages named Dendua. In 1912 the guardian of the Thakur, who was then a minor, and his co-owner leased Dendua for mining purposes to the Dendua Coal Company, who, in the same year transferred their rights to the New Manbhum Coal Company. In 1915 the appellants sued the latter company and the present respondents in the Court of the Subordinate Judge of Bu...
Steamship eurana Vs. Burrard Inlet Tunnel and Bridge Co.
Court: Privy Council
Decided on: Jan-13-1931
Lord Atkin: This is an appeal from a judgment of the President of the Exchequer Court of Canada dismissing an appeal from the trial Judge in Admiralty for the Admiralty District of British Columbia. The action was brought by the Burrard Inlet Tunnel and Bridge Company, the present respondents, hereafter called the Bridge Company, against the owners of the S. S. "Eurana" for damages sustained by the Bridge Company through the ship coming into collision with their bridge over the Second Narrows in the harbour of Vancouver. The shipowners counter-claimed against the Bridge Company in respect of the damage to their ship caused by the collision, alleging that the bridge was a wrongful obstruction to the navigation of the harbour. Both claim and counterclaim were dismissed by the trial Judge and on appeal by the shipowners the judgment dismissing their counter-claim was affirmed by the President of the Exchequer Court. The harbour of Vancouver runs for some miles inland easterly from the sea...
Mt. Saraswati Bahuria Vs. Surajnarayan Chaudhuri and Others
Court: Privy Council
Decided on: Jan-13-1931
Sir Lancelot Sanderson: This is an appeal by the plaintiff in the suit from a judgment and decree of the High Court of Judicature at Patna, dated 19th February 1925, which reversed a decree of the Subordinate Judge of Darbhanga dated 25th June 1921. The delay in the disposal of this appeal is accounted for by the fact that the appeal was dismissed for want of prosecution on 4th November 1926, and it was not until 22nd March 1928, that by an order of His Majesty in Council the appeal was restored upon certain conditions therein specified. The appellant's case was lodged in April 1928 ; the respondents however did not file a case and were not represented at the hearing of this appeal. The suit was brought by the plaintiff, a pardanashin lady, to set aside the sale of a certain share of Mauza Ladugaon, which took place on 6th June 1919, by reason of alleged arrears of revenue, for recovery of possession of the said share and for mesne profits. It was alleged that the plaintiff's share in ...
(Obla) Sundarachariar and Others Vs. Narayana Ayyar and Others
Court: Privy Council
Decided on: Jan-13-1931
Lord Tomlin: The suit out of which this appeal arises was instituted in 1921 in the Court of the Subordinate Judge at Madura by one Samoo Battar, a money-lender doing business in Palghat, Madras, and other places. He claimed in effect to enforce an equitable mortgage by deposit of title-deeds to secure Rs. 60,000 and interest and to recover a personal judgment for the amount of the mortgage debt so far as the security should prove insufficient. The defendants to the suit were the members of a joint family firm trading at Madura. The present appellants, who are assignees of the interest of the joint family firm in the property comprised in the title deeds in question, were brought into the suit as additional defendants. On 3rd November 1923, the Subordinate Judge made the usual mortgage decree for the amount claimed and costs with a direction for sale in default of payment and with liberty for the plaintiff if the proceeds of sale of the property proved insufficient to apply for a suppl...
(Sri Kanchumarti) Venkata Krishnayya Garu Vs. Secy. of State
Court: Privy Council
Decided on: Jan-13-1931
Sir John Wallis: This is a land acquisition case and comes before the Board on appeal from a judgment of the High Court at Madras varying the judgment of the District Judge or Godavari at Rajahmundry on a reference under S. 18, Land Acquisition Act, as to the amount of compensation payable for land taken up for the new buildings to be erected for the Arts College and Training Collage at Rajahmundry. The land, which is situated on the outskirts of the town and within the municipal limits, lies between two roads leading out of Rajahmundry, and now has a frontage to both roads. Survey Nos. 123 and 124, which cover 49 24 out of the 50'70 acres taken up, formerly had a frontage to only one of these roads and were separated from the other road by Survey No. 119-B/2. A few years before the acquisition the present appellant, K. V. Krishnayya, who was the registered owner of Survey Nos. 123 and 124, acquired Survey No. 119-B/2, from the Government, and thus obtained for his property a frontage ...
Shaikh Faqir Bakhsh Vs. Murli Dhar and Others
Court: Privy Council
Decided on: Jan-13-1931
Lord Macmillan: The plaintiff in this suit, Shaikh Faqir Bakhsh, and the defendant Murli Dhar, are joint proprietors pro indiviso of a property in the City of Lucknow known as Rahimganj, on which a large block of shops has been erected. The entire property was formerly owned by one Khuda Baksh, but it is now held in the proportions roughly of one-eighth and seven-eighths by the par-ties mentioned, who acquired their respective shares in it by purchase. When the plaintiff bought his one-eighth share on 1st April 1921, the defendant Murli Dhar had already acquired his seven-eighths share. At the time when the latter purchased his share of the entire property, a portion of it, consisting of three shops, was in the occupation of the plaintiff as tenant under a lease at a monthly rent of Rs. 14-8-0 and this lease was current when the plaintiff himself purchased the remaining one-eighth share of the entire property. In the present proceedings the plain-tiff, now the appellant, asks that an a...
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