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Privy Council Court June 1933 Judgments

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Jun 30 1933

Krishnayya Surya Rao Bahadur Garu and Another Vs. Venkata Kumara Mahip ...

Court: Privy Council

Decided on: Jun-30-1933

LORD RUSSELL : In this appeal there arose a point to be primarily argued and decided, viz., the question whether certain evidence recorded in an earlier suit was admissible as evidence in the suit out of which this appeal arises. Their Lordships having already expressed to the parties the conclusion which they had reached, viz., that the evidence in question was admissible, now proceed to state the reasons upon which that conclusion was based. The relevant facts must first be stated. In the year 1873 the then Rajah of Pittapur, Gangadhara, Rama Rao (who may be conveniently referred to as the late Rajah), having had no son born to him, adopted Ramakrishna, the son of the Rajah of Venkatagiri. It is alleged that on 5th October 1933 Privy Council 203 1835, the late Rajah's wife, Mangayimma, give birth to a son, who is the plaintiff in the present suit and respondent to this appeal, and who will be referred to as the plaintiff. The late Rajah died in the year 1890, leaving his estate to th...


Jun 26 1933

(Mian) Feroz Shah Vs. Income-tax Commissioner, Punjab, and N.W.F. Prov ...

Court: Privy Council

Decided on: Jun-26-1933

LORD BLANESBURGH: This appeal is concerned with an assessment to income-tax in respect of the profits of his business, made upon the appellant under the provisions of the Indian Income-tax Act, 1922, by the Income-tax Officer at Peshawar. Apart from an objection to the competency of the appeal, to which reference will at a later stage be made, the sole question for determination by their Lordships is whether two findings of the Income-tax officer, upon which the assessment was based and to which the appellant takes exception, were other than findings of fact placed by the Act beyond the review of any Court. Thai the findings were of that description was the conclusion arrived at in India by all the authorities concerned including the High Court of Judicature at Lahore. Although the provisions of the Indian Income-tax Act immediately relevant are not unfamiliar, it will be convenient if only for facility of subsequent reference, and before going further, to set them forth as they stood ...


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