Privy Council Court July 1932 Judgments
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Secy. of State Vs. Velivelapalli Mallayya and Others
Court: Privy Council
Decided on: Jul-29-1932
Sir Dinshah Mulla: The principal respondents in this appeal are the archakas of the temple of Sri Krita Kritya Rameswara Swami Varu in a place known as Gudimala Khandrika which forms part, as would appear from a survey map presently to be referred to, of the village of Rameswaram, situated in the Godavari District. Years ago a grant was made of certain lands in Gudimala Khandrika to the temple as inam, but the grant is lost and its origin is not known. In 1860 the grant was confirmed by the Inam Commissioner, subject to the payment of a quit-rent of Rs. 20 per year, and a title deed was issued to the temple which however is not forthcoming. The main question in the appeal is as to the extent to which the grant was confirmed. It is usual to divide inams into two classess, namely, (1) major, and (2) minor. Technically a major inam is a whole village or more than one village, and a minor inam is something less than a village. A khandrika means a small hamlet. It is a large block of land g...
Hansraj Gupta and Others Vs. N.P. Asthana and Others
Court: Privy Council
Decided on: Jul-28-1932
Lord Russell of Killowen: In this appeal, and in another appeal (No. 86 of 1930), in which the same parties are concerned, the relevant facts cover much common ground, and they were accordingly heard together. Lala Raghu Mal (who will be referred to as the testator) was a shareholder in a company (herein called the company) named the Dehra- Dun Mussoorie Electric Tramway Co., Ltd., which was incorporated under the Companies Act 1913, on 23rd August 1921. He carried on business under the style of Madharam-Hardeo Das at Calcutta and under the style of Madho Ram Bud Singh at Delhi. On 23rd February 1922, he entered into a contract in writing with the company (modified in some respects at a later date) by which he agreed to supply large quantities of tramway construction material to the company. Cl. 16 of the Contract was in the following terms : "The company shall pay to the contractors by way of advance when the contractors have placed the orders in accordance with the terms of para. 6 a...
Corporation of the City of Montreal Vs. Montreal Industrial Land Co. L ...
Court: Privy Council
Decided on: Jul-28-1932
Lord Wright: In this appeal the appellants, the City of Montreal, were defendants in the action and were resisting a claim by the respondents, the plaintiff company, that the Court should set aside an assessment made on them in respect of the cost of certain works of paving executed by the appellants on a road or street called Sherbrooke Street, the respondents being frontagers or bordering owners. The district in which that street was, had before 1910 formed part of the town of Longue Pointe, but in 1910 that town was annexed by the appellants and included in the City of Montreal, as part of a larger scheme for the enlargement of the City boundaries. To carry out these annexations an Act was passed in 1910 by the Legislature of the Province of Quebec, Statutes of Quebec, 1 Geo. V., c. 48-which amended the charter of the City of Montreal, embodied in Statutes of Quebec, 62 Victsc. 58 (1899) ; by S. 1, sub-S. (i) of this amending Act a number of provisions were enacted relating to the a...
Norman Lethbridge Cowper Vs. Paper Sacks Proprietary, Limited and Anot ...
Court: Privy Council
Decided on: Jul-28-1932
Lord Tomlin: The appellant is the registered legal owner of Letters Patent No.21809/25 of the Commonwealth of Australia. His appeal is by special leave against a judgment of the High Court of Australia which affirmed a decision of the Commissioner of Patents dismissing an application of the appellant for leave to amend the specification and drawings of his Letters Patent. The patent law of the Commonwealth is regulated by the Patents Act, 1903-21. By S.71 of the Act an applicant or a patentee may by request in writing left at the Patent Office seek leave to amend his complete specification by way of disclaimer, correction, or explanation stating the nature of the amendment and the reasons for it. The next succeeding sections up to and including 79 regulate the proceedings following upon an application under S. 71 and in particular S.78 of the Act provides that no amendment shall be allowed that would make the specification as amended claim an invention substantially larger than or subs...
Guntur Cotton, Jute and Paper Mills Co. Ltd., Guntur Vs. (Pydah) Venka ...
Court: Privy Council
Decided on: Jul-28-1932
Sir George Lowndes: These consolidated appeals arise out of prolonged disputes over the management of a Madras manufacturing company which seems to have had an unusually troubled existence. (Their Lordships after setting out facts which fully appear in AIR 1929 Mad 353 proceeded to give the decisions of the High Court as follows.) Further appeals against the final decree were lodged by the company and respondent 1 and all the four appeals were heard together. Judgment was delivered on 3rd February 1928, with the result that the company's appeals were dismissed, and on respondent 1's appeals both the preliminary and final decree of the District Court were varied. The Rs.18,000 damages were reduced to Rs. 12,370-8-0; the Rs.7,039-10-8 for commission, and the Rs.46,011-10-0 in respect of interest on loans were eliminated ; the Rupees 4,430-9-7 on account of barred decrees was reduced to Rs.484-5-4 and the costs were to a large extent laid upon the present appellants. The company now appea...
E.R. Croft Vs. Sylvester Dunphy
Court: Privy Council
Decided on: Jul-28-1932
LORD MACMILLAN: On 10th June 1929 the schooner "Dorothy M. Smart"sailed for "the high seas"from the French island of St. Pierre with a cargo on board of rum and other liquors, which are dutiable under Canadian law. The vessel was registered in Nova Scotia and with her cargo was the property of the respondent, who is resident in Nova Scotia. On 13th June 1929 the schooner, when at a distance of 11 miles from the coast of Nova Scotia, was boarded by the appellant, an officer in the Customs service of the Canadian Government. The cargo having been found to consist of dutiable goods, the vessel and cargo were seized and taken into port. The validity of the seizure, which was effected in pursuance of powers conferred by the Customs Act of Canada, Revised Statutes of Canada 1927, c. 42, as amended by 18 and 19 Geo. 5, c. 16, is challenged in the present proceedings on the broad ground that the Parliament of the Dominion in conferring the powers in question exceeded its legislative competence...
Sri Chandra Churdeo and Others Vs. Laldhari Prasad Singh and Others
Court: Privy Council
Decided on: Jul-28-1932
Lord Wright: The action out of which this appeal arises was instituted on 30th September 1921, and was for possession of certain lands, 48 bighas, and some odd cottahs in mauza Naya Gaon. The plaintiffs, now the first two respondents, claimed the proportionate share as purchaser under deeds of July 1921, whereby they purchased a 12 annas' share in the mauza. Appellants, as defendants, resisted the claim for possession on the ground that the disputed lands were raiyati holdings, of which they were tenants, the title under which as transferees they held dating back many years and having been recognized in the khatian of 1902. For present purposes the history of the relevant village titles may be traced back to 1882, when the zamindars, who were throughout absentee landlords, began to grant certain leases to a Mr. Crowdy, who started an indigo factory in the mauza. He or his successors may be referred to herein as the Factory, the name by which it was called being Bheriahi. The leases inc...
Winnipeg Electric Co. Vs. Jacob Geel
Court: Privy Council
Decided on: Jul-27-1932
Lord Wright: In this case the respondent who was plaintiff in the action was awarded by a jury the sum of $11,15825 as damages for personal injuries sustained by him by reason of the negligence of the appellants who were owners of the motor omnibus which caused the injuries. The judgment for these damages was upheld by a majority of the Court of appeal for Manitoba and that judgment was affirmed by the Supreme Court of Canada. The appellants by this appeal are raising questions on the construction of certain sections of the Act in force at all material times, the Manitoba Motor Vehicles Act. The material section is S. 62 which is in the following terms : " When any loss, damage or injury is caused to any person by a motor vehicle the onus of proof that such loss, damage or injury did not arise through the negligence or improper conduct of the owner or driver of the motor vehicle, and that the same had not been operated at a rate of speed greater than was reasonable and proper, having r...
Benoy Krishna Das Vs. Salsiccioni
Court: Privy Council
Decided on: Jul-26-1932
Lord Tomlin: Their Lordships do not think it necessary to call upon counsel for the respondents in this case. The appellants, who are the plaintiffs in the action, are lessors claiming that a notice given by the respondents purporting to terminate their tenancy was not a good one. The notice was given in the circumstances which will shortly be mentioned, but before stating them it may be well to refer to the sections of the Transfer of Property Act which are relevant. The first is S. 106, which is in these terms. "In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by 15 day...
Tsang Chuen Vs. Li Po Kwai
Court: Privy Council
Decided on: Jul-19-1932
Lord Blanesburgh: The question at issue on this appeal is whether the respondent has shown a title in himself to the entirety of certain leasehold properties in Hong Kong, freed and discharged from a legal mortgage upon an undivided moiety thereof held by the appellant from Li Nga Ching, the second son of the respondent. In the Courts of Hong Kong, the respondent has established his claim. The appellant's title as mortgagee has, following deliverances of great elaboration, been set aside, and he has been ordered to reassign to the respondent freed from his mortgage the undivided moiety in question. The order to that effect made on 8th April 1930 by the Supreme Court of Hong Kong in its original jurisdiction was, on appeal, affirmed in the Full Court by its judgment of 28th August 1930. This is the mortgagee's appeal therefrom. The respondent is a Chinaman of position resident in Hong Kong. His dispute with the appellant concerns an undivided moiety of one of three separate parcels of l...
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