Privy Council Court July 1931 Judgments
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Tara Kumari Vs. Chandra Mauleshwar Prasad Singh
Court: Privy Council
Decided on: Jul-31-1931
Sir George Lowndes: These are consolidated appeals from a decree of the High Court of Judicature at Patna, The principal appeal is that of Thakurain Tara Kumari, who will be referred to in this judgment as the appellant. She is a pardanashin lady, the widow of Thakur Ram Narain Singh, who was in his lifetime the owner of an impartible estate known as Taluka Telwar. On her husband's death without issue in 1905, she was entitled to succeed to the estate, but was ousted by one Chatterbhuj Narayan Singh, who claimed to be a coparcener of her husband. By deed dated 16th September 1906, she sold to the then Maharaja of Gidhaur an eight annas share of the estate, the object of the sale, as declared by the deed, being to obtain funds to recover the property from Chatterbhuj and to discharge existing encumbrances upon it. The consideration money for the sale was the sum of Rs. 50,000, of which some Rs. 47,000 was to he applied by the Maharaja in payment of the encumbrances and the balance, amou...
U Po LeIn and Another Vs. Ma HuIn Hlaing
Court: Privy Council
Decided on: Jul-28-1931
Sir Dinshah Mulla: The sole question for the decision of their Lordships on this appeal is whether the respondent is the keittima daughter of U San Ywe, a Burmese Buddhist, and his wife, Daw Hnit. If she was, then she inherits Daw Hnit's estate; if not, the appellant U Po Lein, who is the brother of Daw Hnit, is entitled to succeed to it as her heir. The litigation arose out of a petition for letters of administration to the estate of Daw Unit presented by the appellant to the Court of the District Judge of Pegn on 27th September 1924. The respondent filed a caveat, and on 3rd December 1924 she made a counter petition for letters of administration against which a caveat was entered by the appellant. The proceedings then took the form of a suit with the respondent as plaintiff and the appellant as defendant, and the case was by consent of parties heard as a regular suit for the determination of the question of succession to the estate of Daw Hnit. The District Judge found that the adopt...
Turner Morrison and Company, Ltd. Vs. Monmohan Chowdhury
Court: Privy Council
Decided on: Jul-28-1931
Sir George Lowndes: The question in dispute in this appeal is as to the right of the respondent to eject the appellants from certain plots of land in Mauza Gosaildanga, a village on the outskirts of Chittagong. The plots are shown by their survey numbers on a plan which was proved in the case. They form part of a revenue paying estate known as Taraf Asad Mosad Khan. The taraf was sold on 19th May 1913, for arrears of revenue, and was purchased by the executor of one Aparna Charan Chowdhury, the father of the respondent, in whom the title to the estate now is. An issue was raised at the trial of the suit as to the bona fides of the sale, but both Courts in India have found this issue in the respondent's favour, and their Lordships see no reason to question the correctness of their finding on this point. The plots were purchased in 1904 by the firm of Turner Morrison and Co., who transferred them in 1914 to the limited company of the same name, who are the appellants before the Board. Th...
Julio Mascarenhas and Others Vs. Mercantile Bank of India, Ltd.
Court: Privy Council
Decided on: Jul-28-1931
Sir George Lowndes: The questions for decision in these appeals arise out of a fraud committed by one Fernandes. In the year 1914 he was entrusted by the appellants, who were residents of Goa, with certain securities for the purpose of collecting on their behalf the interest as it fell due. Among these securities were 41 ''debentures" issued by the Trustees for the Improvement of the City of Bombay under powers contained in their Act (Bombay Act 4 of 1898) and also one "municipal debenture," being presumably a debenture issued by the Municipal Corporation of Bombay under Bombay Act 3 of 1888. All of these securities were transferable by endorsement. Fernandes seems to have remitted the interest to the appellants regularly till the middle of 1923, when he defaulted, and it was then discovered that he had, in 1918, by means of forged endorsements in his own favour, pledged all the debentures in question (together with others not the subject of these appeals) with the Alliance Bank of Sim...
The Ripon Press and Sugar Mill Co. Limited, Bellary Vs. V. Gopal Chett ...
Court: Privy Council
Decided on: Jul-28-1931
Lord Blanesburgh: This is an appeal from a judgment and decree of the High Court of Judicature at Madras, dated 13th November 1924, reversing a judgment and order dated 3rd November 1922, of a single Judge of the same High Court in its ordinary original civil jurisdiction. These orders were made in the matter of a petition presented to the Court on 1st May 1922, for the compulsory winding-up of the appellant company. By the order of 3rd November 1922, Kumaraswami Sastri, J., dismissed the petition with costs. On appeal his order was discharged by that of 13th November 1924, and the compulsory winding-up of the company was thereby decreed. This appeal from that order reached the Board for hearing more than six years after it had been made. Its discharge accordingly involved the supersession of all proceedings in a liquidation which as a result of it had then been in operation for more than eight years. To this fact are attributable the grave difficulties which have confronted the Board ...
H. V. Low and Company, Limited Vs. Raja Bahadur Jyoti Prosad Singh Deo
Court: Privy Council
Decided on: Jul-24-1931
Lord Macmillan: The appellant company seeks in this action to recover from the respondent a sum of Rs. 34,440 which, on 13th October 1923, it paid to him as salami or premium in respect of a contemplated 999 years lease of the underground coal rights in two mauzas known as Raidi and Methadi comprised in the respondent's zamindari. Subsequent to the payment of this premium the parties entered into a formal agreement dated 22nd January 1925, whereby the appellant company agreed that within two months from the date of the submission of the draft lease by the respondent it would take the proposed mining lease from the respondent or his lessees "on a salami of Rs. 34,440 already deposited," and cm certain specified royalty terms. The agreement contained the following clause: "If they (i. e., the appellant company) neglect or fail to take such lease within the aforesaid time except for the reason of the want of the lessor's title to the said mauzas the sum of thirty-four thousand four hundre...
P.M.A.M. Vellaiyappa Chetty and Others Vs. Natarajan and Another
Court: Privy Council
Decided on: Jul-24-1931
Sir Dinshah Mulla: This appeal arises out of a suit instituted in the High Court of Madras by the illegitimate sons and an illegitimate daughter of P. M. A. Muthiah Chetty, a Sudra by caste, by a continuous concubine, for past and future maintenance against their father. Muthiah Chetty owned no separate property, but he was joint with his uncles and uncles' sons, and the joint family possessed considerable properties. The plaintiffs claimed that the maintenance should be charged on the joint family properties. The suit was filed on 18th September 1919. Muthiah Chetty died on 21st April 1921, and after his death the plaint was amended, and the uncles and uncles' sons were brought on the record as defendants 2 to 5 as his surviving coparceners and legal representatives. The learned Judge who tried the case awarded maintenance to each son at the rate of Rs. 100 per month from the date of the institution of the suit for life, and to the daughter at the rate of Rs. 50 per month until she at...
Louis Dreyfus and Co. Vs. R. A. Arunachala Ayya
Court: Privy Council
Decided on: Jul-23-1931
Lord Tomlin: The question in dispute in this appeal is whether the award of an umpire dated 19th February 1923 should be set aside or not. Waller, J., sitting on the original side of the High Court of Judicature at Madras on 6th May 1926, dismissed an application of the present respondent to set it aside. By a decree dated 12th September 1927 of the High Court (appellate jurisdiction) the decision of Waller, J., was reversed and the award was set aside. The appellants thereupon appealed to His Majesty in Council to have the judgment of Waller, J., restored. The appellants are seed and grain merchants carrying on business in Karachi. On 25th April 1918 an agreement in writing was entered into between the appellants of the first part and R.K. Rajagopala Ayyar (since deceased) and the respondent of the second part. At that time Rajagopala and the respondent were carrying on business together in partnership as Messrs. R. K. Rajagopala Ayyar and Brother, and Rajagopala was managing the affa...
James Lewis Kraft and Others Vs. Oliver Kenneth Mcanulty
Court: Privy Council
Decided on: Jul-17-1931
Lord Hanworth: This appeal is from a decision of the High Court of Australia given on 17th March 1930, whereby the decision of Henchman, J., of the Supreme Court of Queensland, given on 29th August 1929, was reversed. The action was commenced by writ dated 2nd June, 1928, and was brought by James Lewis Kraft, the grantee and registered legal owner of Letters Patent for the Commonwealth of Australia, numbered 1620 of 1916, in respect of a "Process of sterilizing cheese and an improved product produced by such process," dated 26th July 1916 for an injunction to restrain the defendant, his servants and agents from infringing the patent by manufacturing or selling, or offering for sale cheese manufactured in accordance with the specification of the plaintiffs' patent and the usual consequential relief. The plaintiffs, the Kraft Cheese Company (Incorporated), is a company incorporated under the laws of the State of Illinois, U.S.A., and is the unregistered assignee of the letters patent fro...
E.P. Mohamed NoordIn Vs. S.E.S. Abdul Kareem and Co., and Another
Court: Privy Council
Decided on: Jul-06-1931
Lord Russell of Killowen: This is an appeal, in a passing-off action, from a judgment of the Court of Appeal of the Straits Settlements (Settlement of Penang). The trial Judge dismissed the claim of the plaintiffs to an injunction. The Court of Appeal reversed that judgment and granted an injunction against the two defendants. From this decision defendant 1 (who will be referred to as the appellant) appeals to His Majesty in Council, joining as respondents to the appeal the plaintiff and the other defendant. The matter comes before their Lordships in an unsatisfactory shape, and although the crucial question which ultimately emerges is capable of brief statement, it is unfortunately necessary to set out at length the facts of the case for the purpose of making clear the course of decision and the points involved. The goods which are alleged to be passed off are " sarongs," or loin cloths, which are purchased and worn by Malays. These goods, which are woven in India, are imported into P...
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