Privy Council Court February 1934 Judgments
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Omanhene Kobina Foli Vs. Chief Obeng Akessee
Court: Privy Council
Decided on: Feb-26-1934
Lord Thankerton: This is an appeal from a judgment and order of the West African Court of appeal, dated 12th May 1930, dismissing a motion by the present appellant to set aside an award dated 31st .January 1930, delivered by a Judge of the Supreme Court of the Gold Coast Colony, as arbitrator on a reference ordered by the Full Court of the Supreme Court, sitting as the appeal Court from the Chief Commissioner's Court of Ashanti, on an appeal from a judgment of the Circuit Judge of Ashanti, dated 9th May 1923, in an action in which the present appellant was plaintiff and the respondent and Odikre Asante, since deceased, were defendants. The appellant not only challenges the award on certain grounds, but also challenges the validity of the order of reference by the Full Court of the Supreme Court, and it is therefore necessary to refer to the proceedings in the action prior to the order of reference. On 11th August 1922, the appellant, who is Omanhene of Adansi in Ashanti, on behalf of h...
Trustees of the Sir Currimbhoy Ebrahim Baronetcy Trust Vs. Commissione ...
Court: Privy Council
Decided on: Feb-26-1934
Sir Sidney Rowlatt: The question in this case, as it finally came before the High Court of Judicature at Bombay is whether the appellants, who are a body of trustees incorporated by an Act of the Indian Legislature, are liable to be assessed to income-tax and super-tax (which in this respect stand upon the same footing) in respect of the income of the trust or whether as regards the whole or any part of it they are not so liable on the ground that they are not beneficially interested. Certain complications, arising out of previous practice, which affected the case in its earlier stages, were got rid of by arrangement and need not now be noticed. The question so propounded was answered in the affirmative by the High Court in a judgment dated 18th August 1931. This is an appeal by the trustees, an incorporated body. The Act incorporating them (Act No. 4 of 1913) is described in its title as an Act for settling certain properties belonging to Sir Currimbhoy Ebrahim, Baronet, so as to acco...
(Vytla) Sitanna Vs. Marivada Viranna and Others
Court: Privy Council
Decided on: Feb-19-1934
Sir John Wallis: These are two appeals from judgments and decrees of the Madras High Court on appeal from the Subordinate Judge of Cocanada which have been consolidated and heard together. In 1880 one Tirupayya, son of Dorayya, died leaving a widow Venkataramanamma hereinafter referred to as the widow) who survived him for forty-one years. On her death the plaintiff, as next reversioner to her husband's estate, instituted the present suit to recover the properties that had stood in his name. The family belonged to the agricultural caste of Kammas, among whom the illatom custom obtains. After Tirupayya's death there were disputes which was referred to a panchayat who gave an award under which the estate was partitioned between the widow and one Ammanna, who was married to Tirupayya'a sister and according to the defendants' case had been adopted by Tirupayya's father Dorayya as an illatom son-in-law, and had thereby acquired a share in the family properties. In 1888 the widow executed a ...
(Elvira Rodrigues) Siqueira Vs. (Godnicalo Hypolito Constancio) Noronh ...
Court: Privy Council
Decided on: Feb-15-1934
Lord Atkin: Their Lordships do not think it necessary to hear Counsel for the respondent. This is an appeal from a judgment of the Court of Appeal for Eastern Africa varying a judgment given in the Supreme Court of Kenya by - the then Sir Jacob Barth, C. J. They varied the judgment by increasing the amount due. The claim of the plaintiff arises in these circumstances. It appears that before and up to 1911 a Mr. Siqueira carried on the business of a general store in Nairobi. In that year he died, leaving as his widow the present appellant, Mrs. Siqueira. Mrs. Siqueira does not seem to have taken an active part in the conduct of the business, and from 1931 it seems to have been conducted up to the year 1922 by her brother, defendant 2 Mr. Rodrigues under a power of attorney, granted by the lady. The plaintiff, Noronha, had been carrying on business before 1913 elsewhere, and in 1913 he joined this business and worked under Rodrigues, who happened to be his brother-in-law, Rodrigues being...
Secy. of State Vs. Parashram Madhavrao
Court: Privy Council
Decided on: Feb-13-1934
Lord Russell of Killowen: In the year 1704 the Maharajah of Satara by sanad confirmed to an ancestor of the plaintiff the right in perpetuity to collect the revenue of two divisions, (viz., Kharepatan and Salshi), each comprising various villages within its boundaries. In regard to Kharepatan the remuneration was fixed at 2 per cent of the Government assessment. In regard to Salshi the percentage was not expressly mentioned in the grant, but the rights in respect of Salshi were treated as in all respects upon the same footing as the rights in respect of Kharepatan. Kharepatan and Salshi are situate in the Talukas of Devgad and Malwan, of the Ratnagiri District. The British Government acquired this territory in 1817 and for many years thereafter the ancestors of the plaintiff and the other hereditary officers were continued in the enjoyment of their offices and emoluments. Later on, the Government desired to supersede the hereditary officers, and in or about the year 1865 an offer of a ...
Kamta Singh and Others Vs. Chaturbhuj Singh and Others
Court: Privy Council
Decided on: Feb-02-1934
Lord Tomlin: This is an appeal in a suit in which the purchasers of part of the lands comprised in a mortgage having bought subject to the mortgage and having paid off the mortgage debt, claim contribution from persons owning other parts of the lands subject to such mortgage. The appellants before their Lordships are the plaintiffs in the suit seeking contribution, while such of the respondents as are represented before their Lordships (hereafter referred to as the respondents) are the persons from whom contribution is claimed. The suit was begun in the Court of the Subordinate Judge of Monghyr and was taken on appeal to the High Court of Judicature at Patna. In both Courts below the appellants failed. The history of the case begins with a mortgage dated 6th December 1905, made by or on behalf of a joint Hindu family of part of the raiyati holding of such family containing about 454 acres, and also of shares in certain proprietary lands. The mortgage deed was expressed to be for an adv...
Vancouver Malt and Sake Brewing Co. Ltd. Vs. Vancouver Breweries, Ltd.
Court: Privy Council
Decided on: Feb-02-1934
Lord Macmillan: The appellants challenge in these proceedings the validity of an agreement in writing which they made with the respondents on 5th December 1927. Having been advised that the agreement was not binding upon them, they intimated to the respondents that they proposed to act in disregard of it, whereupon the respondents brought the present action in the Supreme Court of British Columbia claiming a declaration that the agreement was valid and subsisting and enforceable by them against the appellants and an injunction restraining the appellants from acting in contravention of its terms. The appellants in their statement of defence pleaded that the agreement was “contrary to public policy illegal, void and unenforceable as being [inter alia] an unreasonable and unnecessary restraint of trade in respect of the manufacture and sale of articles of commerce." This defence, and others which were stated by the appellants but which need not be detailed here, failed before D. A....
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