Privy Council Court May 1934 Judgments
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Bishun Chand Vs. Girdhari Lal and Another
Court: Privy Council
Decided on: May-14-1934
Lord Wright: This appeal involves a question of general importance in regard to the law of limitation. The appellants carry on business as moneylenders, and for twenty-five years had been lending money to the respondents, the rate of interest being 10 annas per cent per mensem. The loans were entered in the appellants' books with charges for interest at intervals, and so also were the payments on account made by the respondents from time to time. The suit was brought as on an account stated evidenced by entries as below described in the appellants' ledger; it was stated to their Lordships that the ledger set out the various items of credit and debit. The appellants' books were not produced at the hearing of the appeal, though produced at the trial. At the foot of the page of the ledger on the debit side there was written by or on behalf of the appellants: " Balance due to be received after adjusting the account up to Kunwar Sudi 9 Sambat, 1982 (that is, 26th September 1925), Rs.16,043-...
Chandra Mani Saha and Others Vs. Anarjan Bibi and Others
Court: Privy Council
Decided on: May-10-1934
Sir Lancelot Sanderson: These are two consolidated appeals from two decrees dated 19th August 1930, of the High Court of Judicature at Port William in Bengal, which reversed two orders dated 28th February, 1929, of the Court of the First Subordinate Judge of Tippera at Comila. The question for determination is, whether the appellants, who purchased with the leave of the Court at two auction sales certain mortgaged property in execution of two mortgage decrees in their favour, are entitled to delivery of possession of the said property. It was alleged on behalf of the respondents that the two applications which were made by the appellants for delivery of possession of the said property were out of time and barred by the Limitation Act 1908. The Subordinate Judge held that the applications were not barred and made an order for delivery of possession of the property referred to in each application. Respondents 1 to 3 appealed in each case to the High Court, and on 19th August 1930, the le...
G.A.P. Brickenden Vs. London Loan and Savings Co., Canada and Others
Court: Privy Council
Decided on: May-10-1934
Lord Thankerton: This is an appeal from a judgment of the Supreme Court of Canada, dated 29th March 1933, which reversed a judgment of the Court of appeal for Ontario, dated 1st March 1932, and restored the judgment of the Trial Judge (Raney. J,), dated 11th October 1930. The action as originally constituted was brought by Walter H. Biggs and his wife, Eva Viola Biggs, against the London Loan and Savings Company and the Consolidated Trusts Corporation, seeking redemption of certain properties in the City of London, Ontario, on payment of the principal moneys actually advanced and repudiating any liability for interest, on the ground that the mortgage transactions came within the sanction provided by the Interest Act of Canada. The claim of the original plaintiffs was dismissed by the Trial Judge, and no appeal was taken therefrom. The two defendant companies delivered counter claims, by which, in the first place, they both claimed to recover from the original plaintiff's the amounts wh...
Norwich Union Fire Insurance Society, Ltd. Vs. Wm.H. Price, Ltd.
Court: Privy Council
Decided on: May-08-1934
Lord Wright: The appellants, an English insurance company with branches in many parts of the world, including (amongst other places) Messina and Sydney, N. S. W., brought the action out of which this appeal arises, against the respondents, a company trading as produce brokers in Sydney, N. S. W., for the return, as money paid under a mistake of fact, 453 11s. 3d., which had been paid to the respondents by the appellants on the footing of a loss having occurred under a policy of marine insurance dated 11th December 1928; this policy had been issued by the appellants' branch at Messina to the shippers of 600 bushels of lemons on the steamship "Aagtekerk," and insured the lemons on the voyage from Messina to Sydney, N. S. W. The insurance was against the usual perils, including sea perils, and was f. p. a., unless in respect of damage caused by fire, sinking, collision, or stranding. The lemons were shipped at Messina in December, 1928, and the steamship proceeded on her voyage; at Smyrna...
Babu Alias Govindoss Krishnadoss Vs. Official Assignee, Madras and Oth ...
Court: Privy Council
Decided on: May-08-1934
Lord Thankerton: These are six consolidated appeals from six decrees all dated 1st April 1931, made by the High Court of Judicature at Madras in its civil appellate jurisdiction, which reversed six decrees of different dates made by the same Court in its ordinary original civil jurisdiction. As will be seen later, a decision in the leading appeal (No. 101 of 1932) will, in effect, apply equally in the remaining appeals. Babu alias Govindoss Krishnadoss, who is appellant in all the appeals, was plaintiff in the principal suit (C. S. No. G22 of 1923), which was filed through his next friend Laldoss, his uncle, on account of his then minority, on 30th August, 1923, and is the subject of the leading appeal. The appellant's father, Krishnadoss, died on 13th August 1908, and the main question is whether his father's interest in the business carried on under the name of Muralidoss Ramdoss and Co., was that of a partner or of a member of an undivided Hindu family. If the latter be the correct ...
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