Privy Council Court July 1934 Judgments
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Mundacheri Koman Vs. Thachangat Puthan Vittil Achuthan Nair and Others
Court: Privy Council
Decided on: Jul-26-1934
Sir John Wallis: In this case the three plaintiffs who describe themselves as Hindu Nairs residing within half a mile of the seven plaint temples, and as habitual worshippers at the said temples, instituted seven suits, which have been tried together, under S.92, Civil PC, with the consent of the Advocate-General of Madras, against defendant 1, who is described in the plaint as a Hindu Nair residing the Peringod amsam and desam of the Palghat Taluk, but is admittedly the karnavan or managing member of a Malabar tarwad or joint family. The plaint alleged that the defendant's predecessors, who were originally sanudavis or committee members of the aforesaid temple, had been, in such capacity, in management of the affairs of the devasom; that they had been for some time improperly styling themselves the uralans of the aforesaid devasom; and that recently the defendant and the members' of his family had further begun to claim that the devasom and its endowments belonged to the family, there...
The Piracy Jure Gentium, in Re.
Court: Privy Council
Decided on: Jul-26-1934
Viscount Sankey: On 4th January 1931, on the high seas, a number of armed Chinese nationals were cruising in two Chinese junks. They pursued and attacked a cargo junk which was also a Chinese vessel. The master of the cargo junk attempted to escape, and a chase ensued during which the pursuers came within 200 yards of the cargo junk. The chase continued for over half an hour, during which shots were fired by the attacking party, and while it was still proceeding, the S. S. "Hang Sang" approached and subsequently also the S. S. "Shui Chow." The officers in command of these merchant vessels intervened and through their agency the pursuers were eventually taken in charge by the Commander of H.M.S. "Somme," which had arrived in consequence of a report made by wireless. They were brought as prisoners to Hong Kong and indicted for the crime of piracy. The jury found them guilty subject to the following question of law: "Whether an accused parson may be convicted of piracy in circumstances wh...
Warren Ducane Smith Vs. the King
Court: Privy Council
Decided on: Jul-26-1934
Lord Atkin: In this case the appellant was tried before the Chief Justice and the Assistant Justice of Bermuda and a special jury on an indictment charging him with the murder of two children on 22nd November 1933. The trial took two or three days. The jury on the last day of the trial were unable to coma to an agreement, and were absent about three hours. They announced to the Chief Justice, who was presiding at the trial, that they were still disagreed. Then they were, by the Chief Justice, sent back for consideration for the night to their hotel, where they were staying during the trial. According to the shorthand note of the proceedings, the next day at 10.15 the Court opened. The Registrar said : "Gentlemen, have you agreed on your verdict ?" (Foreman of Jury) : " No Sir." (The Chief Justice) : " Gentlemen, I am obliged to you. I am sorry you have not agreed on your verdict, but you will be discharged now and you will be exempted from service on a jury for the next two years." It ...
Sheo Swarup and Others Vs. King Emperor
Court: Privy Council
Decided on: Jul-26-1934
Lord Russell of Killowen: This appeal was brought by special leave from a judgment of the High Court of Judicature at Allahabad, which reversed an order of acquittal passed by the Sessions Judge of Cawnpore. The appellants (and others) were charged with murder and other offences, alleged to have been committed during the Cawnpore riots in March 1931. The trial commenced before the Sessions Judge with the aid of three assessors; one of the assessors fell ill during the trial, which was duly continued with the aid of two assessors. The Sessions Judge, agreeing with the two assessors, found the accused not guilty of any of the offences charged against them, and acquitted all of them. The Sessions Judge formed a clearly expressed opinion that the evidence against the accused was wholly unworthy of belief. It will be sufficient to cite one passage in his judgment in which he says: "I think I have said sufficient to show that the whole case is riddled with perjury, and in the circumstances i...
(Mian) Pir Bux Vs. Mohomed Tahar
Court: Privy Council
Decided on: Jul-23-1934
Lord Macmillan: The plaintiff in this suit, who is the respondent in the appeal prays the Court (1) to declare him to be the rightful owner of the southern half of a plot of land in New Sukkur, and (2) to put him in possession thereof by dispossessing the defendant, who is the present appellant. The action was also directed against the Secretary of State for India in Council who however took no part in the The District Judge dismissed the suit. On appeal his judgment was reversed by the court of the Judicial Commissioner of Sind, and a decree for possession granted in favour of the plaintiff. Hence the present appeal by the unsuccessful defendant. It will be convenient to refer to the parties in their original characters of plaintiff and defendant, bearing in mind that the plaintiff is now the respondent and the defendant now the appellant. The circumstances in which the defendant came to be in possession of the half-plot of land from which the plaintiff seeks to eject him may be short...
Khoo Tek Keong Vs. Ch'ng Joo Tuan Neoh and Another
Court: Privy Council
Decided on: Jul-23-1934
Lord Russell of Killowen: The action in which this appeal arises is an action for the administration of the estate of one Khoo Eu Yong, a merchant of Penang, who will be referred to as the testator. The testator by his will, dated 16th October 1918, appointed Khoo Heng Poon and Khoo Tek Keong executors thereof. After bequeathing sundry pecuniary legacies and directing the investment of a sum of $10,000 to be applied as therein mentioned, he devised and bequeathed the residue of his estate upon certain trusts (including a trust for the accumulation of surplus income) during a period of 12 years from his death. The trusts of the residue at the expiration of the period were declared in the following terms : " (e) Upon trust as to both the capital and the accumulations for my said wife and my sons Khoo Tek Chye, Khoo Tek Keong and Khoo Lip Sim in equal shares. (f) Provided always that in case my said wife shall die before the expiration of the said period of 12 years her share shall go to ...
Bisheshwar Pratap Sahi and Another Vs. Parath Nath and Another
Court: Privy Council
Decided on: Jul-20-1934
Sir Lancelot Sanderson: This is an appeal from a decree of the High Court of Judicature at Allahabad, dated 30th April 1930, which affirmed a decree of the Subordinate Judge of Benares, dated 30th November 1925. The appellants are the heirs and legal representatives of Mt. Dulhin Radha Dulari Kunwar, hereinafter called Mt. Dulhin, who was defendant 1 in the suit. She died in June 1927, and the names of her legal representatives were placed on the record in her place in May 1928. The suit was brought on 25th February 1924, by the plaintiff-respondents, both of whom were minors, against: (1) the said Mt Dulhin; (2) Mt. Chhunni, and (3) Mt. Shiam Sundar. The plaintiffs prayed for the following reliefs: (a) It may be declared by the Court that the plaintiffs ate the owners of the property, detailed below, under a deed of relinquishment executed by Mt. Chhunni in favour of the plaintiffs, dated 14th December 1923, and that it is by no means fit to be attached and sold by auction in executio...
Kalyan Mal Vs. Ahmad UddIn Khan and Another
Court: Privy Council
Decided on: Jul-20-1934
Sir Shadi Lal: This appeal has been brought from a decree of the High Court of judicature at Allahabad dated 12th November 1931, which reversed a decree of the Additional Subordinate Judge of Shahajahanpur, dated 18th September 1928, and dismissed the appellant's suit with costs. The plaintiff, who is the receiver of a firm known as Sahi Mal Manohar Das, brought the suit, which has given rise to this appeal, to enforce a mortgage executed on 1st November 1916 in favour of the firm by one Mt Imam Begum and her son Bashir Udd. The mortgage was made in order. secure the repayment of Rs. 7,500 with interest thereon at Rs. 9 per cent per annum. The claim was resisted by Mt. Imam Begum, who denied the execution of the mortgage deed and the receipt of the consideration. She pleaded that she was a pardanashin lady, and was, at the time of the execution of the mortgage old as well as deaf; and that she was not hound by the transaction, as the deed was neither read out, nor explained to her. She...
Mohammad Akbar Khan Vs. Mian Musharaf Shah and Another
Court: Privy Council
Decided on: Jul-20-1934
Lord Tomlin: This is an appeal from the Court of the Judicial Commissioner, North-West Frontier Province, which reversed a decree of the District Judge of Peshawar. At the outset their Lordships desire to call attention to the unsatisfactory way in which the record in this case has been prepared. Many documents to which reference has necessarily been made have not been printed, and considerable difficulty has been encountered in ascertaining the facts and the nature of the points to be considered. In future, their Lordships will have to consider whether they should hear a case presented in so slovenly a manner until it has been put into proper shape. The time of their Lordships' Board should not be occupied in unravelling matters which it is the duty of the parties to present in an intelligible form. The facts of the case, as their Lordships understand them, are as next narrated. In December, 1914, the appellant, being then about to proceed on war service, granted a number of leases of...
Toshanpal Singha and Others Vs. District Judge, Agra and Others
Court: Privy Council
Decided on: Jul-19-1934
Lord Blanesburgh: This is an appeal from a decree of the High Court of Judicature at Allahabad of 25th July 1928, confirming, with a modification in its amount, a decree of the Additional Subordinate Judge of Agra dated 14th August 1925. The respondents, plaintiffs in the action in which these decrees were made, are members of the Committee of Management of the Balwant Rajput High School, Agra. The appellants, defendants to the action, are the sons of Thakur Dhianpal Singh, who was for many years secretary of the Committee. He died on 30th May 1923, the head of a joint undivided Hindu family. The respondents in their plaint of 20th July 1924, claimed as sums to be paid by the appellants from the property loft them by their father and also out of the joint family property in their hands, the sum of Rs. 86,863-4-2, or such other sum as might be found due to them from Thakur Dhianpal Singh. The Subordinate Judge, decreed the suit for a principal sum of Rupees 48,143-1-2. The High Court, o...
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