Privy Council Court October 1931 Judgments
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Attorney-general of Canada Vs. Attorney-general of Ontario and Others
Court: Privy Council
Decided on: Oct-22-1931
The Lord Chancellor: This appeal raises an important question as between the Dominion and the Provinces of Canada regarding the right to control and regulate aeronautics, including the granting of certificates to persons to act as pilots, the inspection and licensing of aircraft, and the inspection and licensing of aerodromes and air-stations. The question is whether the subject is one on which the Dominion Parliament is alone competent to legislate, or whether it is in each Province so related to provincial property and civil rights and local matters as to exclude the Dominion from any (or from more than a very limited) jurisdiction in respect of it. The Supreme Court of Canada has decided the question in its several branches adversely to the claims of the Dominion, and has held in effect that while the Dominion has a considerable field of jurisdiction in the matter under various heads of S.91, British North America Act, 1867, there is also a local field of jurisdiction for the Provin...
Nawab Mirza Mohammad Sadiq Ali Khan and Others, Vs. Nawab Fakr Jahan B ...
Court: Privy Council
Decided on: Oct-19-1931
Sir George Lowndes: The principal question of the many, involved in these appeals is as to the right of succession to an important talukdari estate in Oudh, known as Kunwa Khera. The last holder was Nawab Baqar Ali Khan, who died intestate on 17th January 1921. He left him surviving two widows, four sons, of whom Nawab Mirza Mohammad Sadiq Ali Khan was the eldest, and one daughter. The pedigree of the family, so far as it is necessary for the determination of the appeals, is as below, the names of females being printed in italics : The appeals arise out of two separate suits, the first of which was instituted by the junior widow, Fakr Jahan Begum, and her two children, Taqi Ali and Abid Jahan, who will be referred to in this judgment as the plaintiffs. They claimed their shares according to the Shiah Mahomedan law, to which the parties are subject, in the whole estate of Baqar Ali, including the Kunwa Khera property. To this suit the other widow and her three sons, and also Jafar Ali,...
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