Privy Council Court March 1934 Judgments
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Someshwar Dutt Vs. Tribhawan Dutt and Another
Court: Privy Council
Decided on: Mar-21-1934
Lord Alness: The suit in the Court of the Subordinate Judge of Gonda out of which this appeal arises was brought by two plaintiffs (1) Pandit Tirbhawan Dutt, and (2) Thakur Jai Indar Bahadur Singh, with whom plaintiff 1, before its institution, entered into an agreement, whereby plaintiff 2 undertook to pay the costs of the suit, on the footing that he should receive half of the property recovered in the proceedings. The Chief Court of Oudh, from which this appeal comes, have held that that agreement was not in the circumstances champertous. It is unnecessary that their Lordships should express any opinion on this point, and they retrain from doing so. The suit was directed against Pandit Someshwar Dutt, the elder brother of plaintiff 1. Its object was to recover possession of certain properties which the plaintiffs allege are being wrongly retained by the defendant. The learned Subordinate Judge, by decree dated 9th September 1929, dismissed the suit. On appeal the Chief Court of Oudh...
Kenneth De Sola Joseph and Another Vs. Esther Phillips
Court: Privy Council
Decided on: Mar-21-1934
Lord Warrington of Clyffe: This is an appeal from a judgment of the Court of Appeal of Ontario, dated 3rd October 1932, allowing an appeal from the judgment of Orde, J. A., dated 18th September 1931. The appeal raises a short question on the construction of the will of the testator, Abe Lyons. The will was dated 16th June 1928. The testator died on 26th July 1930, after an illness which began early in June. On 8th June 1930, he was moved to hospital, where he remained until his death. During that time he was mentally incapable of looking after his affairs. He was a member of the firm of Lyons and Marks, and spent most of his time traveling for the firm, only returning to town for week-ends. He lived alone in one room in Euclid Avenue, Toronto. The appellant, Kenneth Joseph was in the confidence of the testator, looking after his private financial affairs. He and the testator each had a key of a safety deposit box in their joint names at the Dominion Bank, in which securities of the tes...
Ramachandra Deo Mahaharajulungaru Vs. Sri Lakshiminarasimha Bahadur an ...
Court: Privy Council
Decided on: Mar-20-1934
Sir John Wallis: By a well-advised compromise made between the appellant, the Maharajah of Jeypore, a zemindar in the Madras Presidency, and the principal respondents, the Zemindar of Pachipenta and his two minor sons and ordered to be recorded by an Order of His Majesty in Council of 10th November 1932, the Maharajah has succeeded in perfecting his title to the greater part of the Pachipenta Zemindary, which his father had purchased at a Court sale held in execution of a mortgage decree obtained by the late Maharajah of Bobbili against the Zemindar of Pachipenta on 14th April 1903, in O. S. 1 of 1903 in the Court of the District Judge of Vizagapatam. Part only of the Panchipenta zemindary was within the jurisdiction of the District Court, the rest of the zemindary being situated in Hill or Agency Tracts of this District which, under a Governor-General's Act of 1839, were withdrawn from the jurisdiction of the civil Courts owing to their disturbed and backward condition and are still a...
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