Privy Council Court April 1934 Judgments
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Birendra Bikram Singh Vs. Brij Mohan Pande
Court: Privy Council
Decided on: Apr-30-1934
Sir Lancelot Sanderson: These appeals (consolidated by order of the Chief Court of Oudh) are from two decrees of the said Chief Court dated 21st July 1930, which reversed two decrees of the Subordinate Judge of Gonda dated 15th July 1929. There were two suits, Nos. 86 and 89 of 1928. In suit No. 86 the plaintiffs were Basdeo, Ram Ujagar and Ram Samujh and the defendant was the appellant to His Majesty in Council, viz., Raja Bikram Singh. There were two other persons joined as defendants in that Suit as they also had brought suits for pre-emption. It is not necessary to refer further to the second and third defendants, who did not appear in the Chief Court or on the appeal to His Majesty in Council. In suit 89 of 1923 the plaintiff was Brij Mohan Pande and the defendant was the abovementioned appellant, Raja Bikram Singh. In each case a claim for pre-emption under the Oudh Laws Act of 1876 of certain property was made by the plaintiffs against Raja Bikram Singh. The Subordinate Judge of...
H.A. Morine Vs. London Loan Assets, Ltd. and Others
Court: Privy Council
Decided on: Apr-17-1934
Lord Russell of Killowen: In this case one Morine appeals from a judgment of the Appellate Division of the Supreme Court of Ontario, which dismissed his appeal from a judgment of Wright, J. The relevant facts out of which the litigation originated may be stated briefly. On 8th June 1923, there were in existence three mortgages affecting a property in Toronto, subsequently known as "Buckingham Apartments," viz.-(1) a mortgage dated 7th February 1923, and made between one Green and Morine as mortgagors (their wives joining to, bar dower) and the Huron and Erie Mortgage Corporation (hereinafter called the Huron Corporation) as mortgagees, to secure a principal sum of $150,000 and interest; (2) a mortgage dated 13th February 1923, and made between the said Green and Morine as mortgagors (their wives joining to bar dower) and the London Loan and Savings Company of Canada (hereinafter called the Loan Company) as mortgagees to secure a principal sum of $35,000 and interest, and (3) a mortgage...
Ottoman Bank, Nicosia Vs. Dascalopoulos
Court: Privy Council
Decided on: Apr-12-1934
Lord Blanesburgh: This is an appeal from a judgment of the Supreme Court of Cyprus affirming the judgment of the District Court of Nicosia at the trial. The appellants, defendants in the action, are the Ottoman Bank of Nicosia, and the respondent, the plaintiff, is a former official of the bank. Prior to his retirement on 31st December 1931 the respondent was serving in the Larnaca branch in Cyprus and the one question which survives for determination upon the present appeal is whether the pension to which, in accordance with the terms of his employment, he then became entitled is, as both Courts in Cyprus have held, a pension payable in Turkish gold pounds translated into Cyprus currency at the exchange of the day, or whether, as the appellant bank contends, it is due only in pounds of Turkish currency or, whether so or not is in Cyprus payable only in the currency of the Island at the fixed rate of exchange of 100 Cyprus for 110 Turkish pounds arid that whether the salary pounds be g...
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