Privy Council Court October 1933 Judgments
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Abdul Majid Khan and Another Vs. Sharaswatibai and Others
Court: Privy Council
Decided on: Oct-30-1933
LORD THANKERTON: The appellants in this case are the plaintiffs in an action on two promissory notes for sums of Rs. 4,000 each executed in or about the year 1925 by one Pandurang who died before the suit was brought, and the suit is brought against the surviving members of the joint family. It may be taken as established by the concurrent findings of the Courts below that at the time Pandurang was the karta of the joint family, and although the appellate Court was not quite satisfied in the matter, their Lordships are prepared to assume that it was necessary for the proper conduct of the joint family business that money should be borrowed from time to time in such a way on promissory notes. That being so, as is established by a judgment of this Board, it would be within the authority of the deceased as karta to borrow money in his own name for the purpose of the family business. The question then remains whether the two sums here in question were debts incurred by the deceased as kart...
Harry Pope Vs. Official Assignee, Rangoon
Court: Privy Council
Decided on: Oct-16-1933
LORD THANKERTON: This is an appeal from a judgment and decree of the High Court of Judicature at Rangoon dated 8th March 1932, whereby the Court, in exercise of its appellate jurisdiction, set aside an order dated 14th December 1931, made in exercise of its original jurisdiction, and declared that the deed of sale hereinafter referred to was void as against the respondent. The respondent did not appear in the appeal. The deed of sale in question was dated 27th February 1931, and was made between Mrs. Edith Young, who carried on business as a milliner and dressmaker at 15, Phayre Street, Rangoon, and the appellant; Mrs. Young thereby assigned to the appellant the stock-in-trade then lying in her shop and all her book debts then due and owing in consideration of the payment by the appellant to her bank of the sum of Rs. 20,229, being the amount of her overdraft with the bank. The appellant had guaranteed Mrs. Young's overdraft with her bank up to the sum of Rs. 25,000, and the bank were ...
Nizam DIn and Others Vs. Godar and Others
Court: Privy Council
Decided on: Oct-13-1933
Sir John Wallis: The only question in this appeal is whether in 1891 or 1892 one Gharib, who was then sub-mortgagee in possession of the suit lands and is now represented by the defendants, acquired the equity of redemption which was then vested in the plaintiffs as sons of the deceased mortgagor. The defendants set up this purchase in answer to the claim for redemption in the present suit filed by the plaintiffs in 1920, and the Subordinate Judge of Lahore holding that there were no sufficient reasons for questioning the sale, dismissed the suit. This decree was reversed by the High Court of Lahore, and the defendants have appealed. As Gharib and his descendants, the present defendants, have been recorded as proprietors of the suit lands ever since 1893 in the annual jamabandi statements, and were also so recorded in the village record of rights prepared after the settlement of 1911-12, a statutory presumption arises under S. 44, Punjab Land Revenue Act (17 of 1887), that the aforesai...
Abdullah Bey Chedid and Others Vs. Tenenhaum
Court: Privy Council
Decided on: Oct-09-1933
Facts: On 14th July 1925 C had entered into a contract with the plaintiff-respondent where he agreed to sell and the respondent agreed to purchase certain miri land situated at Haifa in Palestine. The purchase under the contract had not been completed at the death of C. The price fixed by the contract was E 260 per dunum. E.6,000 was paid on the signing of the contract, and the balance of the price E.28,000 was to be paid at the transfer into the name of the respondent. The contract contained also the following clause : "5. If the first Party commits breach of any terms of this contract, he shall return to the second party the E.4,000 received by him and shall pay to him. E.10,000 as liquidated damages and penalty for the non carrying out of this contract, and if the second party commits breach of any terms of this contract, he shall pay to the first party E.10,000 as liquidated damages and penalty after deduction of the E. 4,000 paid." The prescribed period for the transfer after the ...
Florrie Edridge and Others Vs. Rustomji Danjibhoy Sethna
Court: Privy Council
Decided on: Oct-09-1933
LORD WRIGHT: This appeal arises out of a contract between the respondent and Richard Tilden Smith (since deceased, the present appellants added during the litigation as being representatives of his estate) this contract is contained in a letter dated 7th January 1926 signed by Tilden Smith and addressed to an agent for the respondent and duly accepted on behalf of the respondent. The letter was in the following terms: "Bombay House, Fort, Bombay, 7th January 1926. Dear Dinshaw. Re.R.D. Sethna's matter. If Sethna will pay costs in connexion with the appointment of the receiver and the receiver's costs and give credit of any distribution he may receive in respect of receiver's distribution and write letters to his solicitor and to the receiver to the effect that he is satisfied that the affairs of the company have been properly conducted, I will pay him the sum of 5,000 invested by him in Ifold Herds Limited less such credit. Yours sincerely, (Sd.) R. TILDEN SMITH." The circumstances ...
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