Privy Council Court November 1933 Judgments
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Malayan Tobacco Distributor Ltd. Vs. United Kingdom Tobacco Co. Ltd.
Court: Privy Council
Decided on: Nov-14-1933
Lord Tomlin: In this appeal the appellants who are the defendants in the action giving rise to the appeal seek to displace a judgment of the Supreme Court of the Straits Settlements affirmed by the Court of appeal of the Straits Settlements whereby the respondents who are the plaintiffs in the action obtained an injunction against the appellants restraining them from applying the mark or title 'twenty-one' in words or '21' in figures or any similar mark, device or title to any cigarettes manufactured by the appellants or to any cigarettes sold by them or to any carton, box, packet or container known as 'shell and slide' or other container of or for cigarettes manufactured, imported, stocked, sold or exposed for sale by the appellants, or to any box, packet label or wrapper used by the appellants in connexion with the sale of cigarettes unless such cigarettes be manufactured by the respondents, and from passing off by means of the said name, title or device of 'twenty-one' or '21' or an...
Mt. Sat Bharai Vs. Barkhurdar Shah and Another
Court: Privy Council
Decided on: Nov-13-1933
Sir George Lowndes: The appeal arises out of a suit brought by the appellant to recover possession of certain immovable properties situated in the Jhang District of the Punjab which are said to be of considerable value, and for a declaration of her right of ownership in certain other properties which were in the possession of mortgagees. The properties in question had formed part of the estate of one Amir Shah, who died without issue in 1862. He was succeeded under the customary law applicable to his family by his widow, Fateh Bibi, by whom the mortgages in question appear to have been made. It is common ground that she took only a life estate, but in the year 1907 she executed a deed of gift of the properties in favour of two persons named Isa Shah and Ghulam Akbar Shah. She died on 3rd January 1911, and on 3rd May 1913 a suit was brought by two ladies of the family, Nur Bari and the present appellant, against the donees, claiming the properties jointly as the then heirs of Amir Shah,...
W.M.S. Muttu Mohammado Vs. S.K.R.A.A.R. Ramasami Chetty and Another
Court: Privy Council
Decided on: Nov-07-1933
LORD THANKERTON: On 21st November 1927, the appellant's estates were sequestrated and he was adjudged insolvent in the District Court of Colombo, on the petition of a creditor and a declaration of insolvency and consent to the sequestration by the appellant himself. A provisional assignee was appointed on that date, and an assignee was appointed on 13th December 1927. The appellant having passed his last examination on 29th January 1929, the public sitting for the allowance of his certificate was held on various dates from 19th September 1929 to 10th November 1930, the granting of the certificate being opposed by the present respondents. By order dated 13th December 1930, the District Judge awarded the appellant a certificate of the second class, and, on appeal by the present respondents, the Supreme Court of the Island of Ceylon on 25th June 1931, set aside the order of the District Judge and refused the certificate of conformity. Hence the present appeal by the appellant. The respond...
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