Privy Council Court May 1933 Judgments
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Angostura Bitters, Ltd. Vs. Albert Kerr and Another
Court: Privy Council
Decided on: May-25-1933
Sir George Lowndes: This appeal arises out of an originating summons taken out in the Supreme Court of Trinidad and Tobago for the friendly determination of certain questions affecting the rights of holders of preference shares in the appellant company. When it first came on for hearing be fore the Board, only the company appeared, and it was adjourned in order that the preference share-holders might be represented, as is now the case. It will be convenient to refer to them in this judgment as the respondents. The interests of the ordinary share-holders, whose special representative does not appear, are identical with those of the appellants. Three questions were submitted for the determination of the Court, of which the third is alone the subject of the appeal. It is in the following terms: "(3)-(a) Is it intra vires of the Directors of the Company to use and dispose of the said Re-serve Fund of 50,000 for all or any of the purposes set out in sub-S. 14, Cl. 119 of the articles of as...
Hukum Chand and Others Vs. Maharaj Bahadur Singh and Others
Court: Privy Council
Decided on: May-12-1933
SIR JOHN WALLIS: This case is the result of further disputes between the two sects of Jains as to their rights of worship on Parasnath hill. As so much turns on the beliefs now entertained by the whole Jain community with reference to the sacred character of this hill, their Lordships will begin by citing the opening paragraphs of the judgment delivered by Lord Phillimore a few years ago in Maharaj Bahadur Singh v. Hukum Chand (1), in which this subject is most felicitously dealt with : "The Jains recognize 24 highly saintly personages, men who have attained salavation or Nirvana, who are called Tirthankars (finders of the ford, across the river of death.) These four and twenty are counted in many respects as higher than the gods or some of the gods in the Hindu Pantheon. Twenty of them are believed to have attained Nirvana in the present cycle of the world's history upon the hill Parasnath in the District of Hazaribigh in Bengal, with the result that the hill is held in reverence by J...
Anup Manto Vs. Mita Dusadh and Others
Court: Privy Council
Decided on: May-05-1933
LORD BLANESBURGH: In this matter their Lordships are of opinion that the objection taken has no foundation. By the report of the Munsif on a reference to him under O. 45, R.5, the value of the suit before the Board exceeds Rupees 10,000. Their Lordships are not going behind that report. Accordingly the objection on the score of value taken to the competency of the appeal fails and the appeal must now be set down for the purpose of being disposed of on the merits. But although delay has ensued and costs have been needlessly expended by this unavailing preliminary objection of the respondents their Lordships will not treat the case as one in which they ought to direct them to pay in any event the costs thrown away. The appellant is not free from some responsibility in the matter. They desire to say however by way of warning in future cases that when a question of this kind has been raised in India, and when a report with reference to value has been made under the rule above referred to i...
P.S.S.M.K.T. Cathiresan Chettiar Vs. N.S. Natchiappa Chettiar
Court: Privy Council
Decided on: May-04-1933
LORD RUSSELL OF KILLOWEN: This is an appeal from a decree of the Supreme Court of the island of Ceylon which set aside a decree in favour of the appellant made by the District Court of Colombo in an action wherein the respondent was the plaintiff and the appellant was a defendant. The parties to this appeal are two money-lenders, and the story concerns their dealings with a building contractor named Barnabas who was also a defendant to the action. By the action (commenced on 2nd October 1925), the plaintiff sought to recover from Barnabas Rs. 13,027, the principal and interest due in respect of two promissory notes (dated 20th and 29th January 1925), representing moneys lent to him by the plaintiff and alleged to be secured by a bond (No. 229), dated 26th May 1923, and registered on that day. By that bond, for securing the payment of all moneys due thereon, Barnabas mortgaged and hypothecated to and with the plaintiff as a first or primary mortgage, certain lands described in Sch. 1, a...
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