Privy Council Court October 1934 Judgments
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B. Sampat Kumar Singh Vs. Dr. B. Peters and Others
Court: Privy Council
Decided on: Oct-30-1934
LORD BLANESBURGH: Their Lordships do not need to hear counsel for the respondents, and it is possible for them to dispose of the appeal at once. Mr. De Gruyther has presented the case of the appellant with his usual directness, and it has become plain that the result of the appeal must depend upon two questions of fact, both of which have been found against the appellant by the High Court. The only real question before the Board in short is whether it has been shown that these findings of fact or either of them should be displaced. The first finding is that there was never any gift to the appellant's fathers but that there was a gift to the club of the land on which the existing buildings were subsequently erected. The High Court has found that the land was made over by the donor direct to the club for the purpose of the club and that there was never any proprietary interest in the land in Dalip. Their Lordships entirely agree with the finding of the High Court on this matter. The evid...
Dawsons Bank, Ltd. and Others Vs. Vulcan Insurance Co., Ltd.
Court: Privy Council
Decided on: Oct-29-1934
Lord Atkin: This is an appeal from the High Court at Rangoon sitting in appeal, which reversed the decision of the trial Judge in a claim brought by the appellants upon a policy of insurance against fire. The premises were situated at Moulmeingyun in Burma. The appellants were the mortgagees of the premises, who, in accordance with the terms of the mortgage, had taken out a policy of insurance upon the mortgaged property. The particular policy was taken out with the respondents, the Vulcan Insurance Company, Limited. The premises had apparently at one time been insured in the Northern Assurance Company, but they had ceased to carry the risk. It was said that they had withdrawn from fire business in Rangoon; whether that is so or not their Lordships do not know. At any rate, in 1929, the policy was taken out with the Vulcan Insurance Company, having originally been written by the Northern Assurance Company. The risk and description of the property was, it is said, taken from the origina...
Rt. Hon. Gerald Lord Strickland Vs. Carmelo Mifsud Bonnici
Court: Privy Council
Decided on: Oct-29-1934
Lord Thankerton: This is an appeal from a judgment of the Court of Appeal of Malta, dated 27th November 1931, which reversed the judgment of His Majesty's Civil Court of Malta (First Hall), dated 29th January 1931, and dismissed the appellant's claims brought forward in the writ-of-summons. In the writ-of-summons, which is dated 14th January 1929, the appellant claimed damages and reparation for moral injury in terms of Ordnance 14 of 1689 against the respondent as editor of a local newspaper, "The Mid-day News," in respect of an article entitled "An Armistice Day in Rome," which was published in that newspaper on 19th November 1928, "in which, in the second column, determinate facts, dishonouring and untruthful, are ascribed to plaintiff, damaging said plaintiff's honour and reputation in such a manner as to expose him to public contempt and derision, imputing to him that he had stupidly and unwarrantably attacked the dogmas of the Catholic Faith, in which article the following words...
Ohene Moore Vs. Akesseh Tayee
Court: Privy Council
Decided on: Oct-26-1934
LORD ATKIN: This is an appeal from the judgment of the West African Court of appeal, Gold Coast Session, reversing a judgment of the Provincial Commissioner of the Western Province who had reversed a judgment of the Native Tribunal of the Omanhene of Beyin, and the question in the case is whether or not the Provincial Commissioner had jurisdiction to entertain at all the appeal from the Native Tribunal. The action was brought by the plaintiff for damages for trespass on his land and for unlawfully arresting the plaintiff's men. The Native Tribunal had given judgment for the defendant. Now the rules regulating appeals from the Paramount Chief's Tribunal (which this was) are laid down by the Native Administration Ordinance, which is now Ch 3 of the laws of the Gold Coast Colony, 1928. By S.77, sub-S.(1) "A party desiring to appeal from a Paramount Chief's Tribunal shall first obtain the leave of such Tribunal to do so; provided that, if the said Tribunal shall have refused such leave, th...
Chee Wor Lok and Others Vs. Yeoh Saw Geok
Court: Privy Council
Decided on: Oct-22-1934
LORD ATKIN: This is an appeal from an order of the Court of appeal of the Supreme Court of the Straits Settlements, who set aside an order of Mr. Justice Sawrey-Cookson. The action was brought by the widow of a man who had been a member of the Chinese Benevolent Association at Penang, and it was for a declaration that the husband of the plaintiff at the date of his death was still a member of the Association and had not, as the Association claimed, automatically ceased to be a member by reason of default in paying subscriptions. The rules of the Benevolent Association are expressed in English, and the deceased had been a member since November of 1910. The objects of the Association are to encourage thrift and to make provision for a widow. The rules state that membership commences from the first clay of the month upon payment of deposit and fee for certificate of membership within 30 days of notice of election, and on payment of his monthly deposit and a certificate fee of $2 a certifi...
Official Assignee, Madras Vs. Mercantile Bank of India, Ltd.
Court: Privy Council
Decided on: Oct-15-1934
Lord Wright: The appellant is the Official Assignee of Madras in whom the property vested in insolvency of C.K. Narayan Ayyar and Sons (who will be referred to hereafter as the insolvents); The question in the appeal is whether the appellant or the respondents are entitled to the proceeds of certain consignments of ground nuts; the primary issue is whether the respondents who had advanced moneys on the security of the railway receipts in respect of these ground nuts obtained a valid pledge of the goods. Certain further or alternative questions will be dealt with subsequently. The appellant succeeded before Waller, J.; his decision was, however, reversed on appeal by the High Court of Judicature of Madras, Appellate Jurisdiction; the appellant now appeals to His Majesty in Council. There is little dispute about the facts. The insolvents did a large business in ground nuts, which they purchased from the up-country growers; the nuts were then despatched by rail, arrived in Madras by one o...
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