Privy Council Court October 1932 Judgments
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indira Rani Ghose Vs. Akhoy Kumar Ghose
Court: Privy Council
Decided on: Oct-13-1932
Lord Blanesburgh: The question at issue on this appeal is concerned with the ultimate destination of the share of his residuary estate given by a Hindu testator to the elder of two sons who survived him. Did the share, on the death of that elder son without male issue, pass under a gift over to the younger son, or has it, as the absolute property of the deceased under the original gift to him in the will, devolved upon his widow, the appellant, sole heiress in his intestacy? The question is one of construction upon which the two Courts in India are not in accord, and when regard is had to the looseness of the phraseology adopted passim in the will by the testator or his draftsman it must be felt that its true meaning raises issues upon which there is ample room for divergence of view. It is comparatively easy to determine what this Indian testator meant to say. The difficulty is to be satisfied judicially that in his English language has succeeded in saying it. The testator, one Romana...
Paul Pronek Vs. Winnipeg, Selkirk and Lake Winnipeg Railway Co.
Court: Privy Council
Decided on: Oct-13-1932
Lord Wright: The appellant in this case was plaintiff in the action. He is a farmer living at Rossdale, about 15 miles north of the City of Winnipeg, in the Province of Manitoba, and his claim is that he suffered damage by the respondents' negligence and breach of duty. The respondents are a company incorporated by Special Act of the Legislature of Manitoba, Statutes of Manitoba, 1900, c. 78, as amended by Statutes of Manitoba 1904, c. 90, and as affected by Manitoba Railway Act of 1913, c. 168. The respondents' line ran from Winnipeg northwards to Selkirk, about 19 miles in distance, and was laid on the west side of the highway between these points and actually along the highway, but in a distinct portion, separated by a wide ditch from the gravelled roadway ordinarily used by vehicles and foot passengers : the ditch and railway were traversed at intervals by crossings from the roadway to the places to the west. Power so to lay the track along the highway was given by the Act of 1900,...
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