Privy Council Court July 1933 Judgments
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Margaret Brooker Vs. Thomas Borthwick and Sons(Australasia), Ltd.
Court: Privy Council
Decided on: Jul-28-1933
LORD ATKIN: This is an appeal from judgments of the Court of Appeal in New Zealand in four proceedings which were brought to determine the liability of employers in respect of injuries to their workmen that occurred on the occasion of the serious earthquake in the Hawkes Bay District of New Zealand on 3rd February 1931. By the provisions of the Workmen's Compensation Act, exclusive jurisdiction is given to the Court of Arbitration to decide without appeal claims under the Act. But by a convenient procedure it is possible in New Zealand on agreed facts to obtain the decision of the Supreme Court on a question of law, the judgment being subject to the ordinary rights of appeal. In the present case proceedings having been commenced by originating summons were moved directly by order of the Supreme Court to the Court of Appeal, from whose decision appeal is now brought to this Board. The provisions of the New Zealand Act, so far as liability is concerned, are identical with those of the En...
Minister of National Revenue Vs. Catherine Spooner
Court: Privy Council
Decided on: Jul-27-1933
LORD MACMILLAN: The respondent, Mrs. Spooner, in the year 1927 received a sum of $9,570'41 in circumstances set out in an agreed statement of facts. The question is whether this sum was "income"of the respondent within the meaning of the Income War Tax Act (Revised Statutes of Canada, 1927, Chap. 97). It appears that the respondent, who was the owner in freehold of a ranch in Alberta, entered into an agreement on 15th April 1925, with Vulcan Oils Ltd., a company incorporated under the laws of the Province of Alberta, and having for its objects "drilling for and procuring the production and vending of oil."By this agreement the respondent sold to the company all her right, title and interest in and to twenty acres of her land, subject to the provisos, conditions and royalties hereinafter reserved."In consideration of the said sale"the company agreed to pay to the respondent the sum of $5,000 in cash on the execution of the agreement, to issue to her 25,000 full paid shares of $1 each in...
Ras Behari Lal and Others Vs. Emperor
Court: Privy Council
Decided on: Jul-27-1933
LORD ATKIN: This is appeal by special leave. The appellants were tried by the Sessions Judge of Patna, sitting with a jury of seven. They were found guilty by a majority verdict of six to one on charges of murder and rioting. Appellants Nos. 1-7 were sentenced to death and No. 8 to transportation for life. They appealed to the High Court, but their appeal was dismissed. The sentences on appellants Nos. 2, 3, 6 and 7 were subsequently commuted by the Local Government to transportation for life. On their application for leave to appeal to His Majesty in Council it was asserted that one of the seven jourors did not understand English, the language in which some of the evidence appears to have been given, and in which the addresses of counsel were made and the charge of the Sessions Judge was delivered. This contention had been put forward on their behalf in their appeal to the High Court. It was originally supported by an affidavit upon which the learned Judges of that Court properly refu...
Mayor, Councillorsand Burgesses of the Borough of New Plymouth Vs. Tar ...
Court: Privy Council
Decided on: Jul-27-1933
LORD MACMILLAN: Their Lordships have in this appeal to consider the meaning to be assigned to the word "adjoining"as employed in S. 282, New Zealand Municipal Corporation's Act 1920. That section reads as follows: "A Council, having established electric light works for the purpose of lighting the streets and public places of the borough and of supplying electricity to the inhabitants of the borough may (a) supply electricity to any person residing beyond the borough, with the consent of the local authority of the district in which the supply is given, and the provisions of this Act as to the supply of electricity to the inhabitants of the borough shall, so far as applicable, extend and apply to the case of such supply beyond the borough, and (b) contract with the local authority, of any adjoining district to supply electricity to such local authority upon such terms and conditions as may be mutually agreed upon." This section applies to the appellants, the council of the borough of New...
Ewe Keok Neoh Vs. Ng Ann Thye
Court: Privy Council
Decided on: Jul-21-1933
SIR GEORGE LOWNDES: The only question in this appeal is whether the respondent is entitled to an account of the income and expenditure of the estate of one Ng Boo Bee from 24th September 1921 to 23rd August 1929. The facts so far as it is necessary to state them here are not in dispute. Ng Boo Bee, who may be referred to for convenience as the testator, died on 24th September 1921 leaving a will dated 6th September of same the year, of which probate was granted to the appellant as sole executrix and trustee. The will provided that (subject to certain pecuniary bequests) the estate should be divided into 88 shares of which 12 were to go to the respondent, the eldest son of the testator, 10 to the appellant his widow, and 36 to other children and grandchildren. The remaining 30 shares were left to the appellant upon trust to accumulate the income for ten years after the testator's death and then to divide the capital and accumulated income amongst the children named in the will as she mi...
Basil Banger Lawrence Vs. Emperor
Court: Privy Council
Decided on: Jul-20-1933
LORD ATKIN: This is an appeal in a criminal case by special leave from a judgment of the Full Court of the Supreme Court of Nigeria affirming on a case stated a conviction and sentence upon the appellant on a trial at the Special Assizes at Lagos before Berkeley, J , and a special jury. After the hearing before their Board their Lordships announced that they would humbly advise His Majesty that the appeal should be allowed and the conviction set aside and that they would give their reasons for their report later which they now proceed to do. The appellant in November 1931, was an officer in the Administrative Service of Nigeria of about 17 years standing. He was at that time, and had been during the year 1931, District Officer in charge of the District of Ilorin in that Province, and was also in charge of the Ilorin Emir's Native Administration. On 10th November 1931, he left Ilorin on leave for England. In December he was arrested in England on a warrant in pursuance of the Fugitive O...
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