Privy Council Court February 1935 Judgments
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Fanny Skinner and Another Vs. Bank of Upper India, Ltd. and Others
Court: Privy Council
Decided on: Feb-28-1935
Lord Blanesburgh: This is an appeal from a decree of the High Court at Allahabad, in a mortgagee Bank's suit to realize its security. In decreeing the suit the Court reversed a decree of the Subordinate Judge of Meerut, who had dismissed it. The suit was commenced on 8th December 1923. The mortgage had been granted, on 8th December 1911, by a Mrs. Fanny Skinner, to the Bank of Upper India Limited. The deed was in the ordinary form of a simple mortgage with a covenant on the part of the mortgagor for payment of the mortgage debt with compound interest at the rate of 7 per cent per annum. In default of payment, the mortgagee Bank had the ordinary right of proceeding by Court sale to realise its security. The property comprised in the mortgage included, among other items, a one-eighth undivided share of the mortgagor in the village of Siswal and a one-tenth similar interest in the village of Badopal. The mortgagor's brother, the second appellant, another brother and her sister were the co...
H. Hunter, Liquidator, Bank of Upper India Ltd. and Others Vs. Rani Ka ...
Court: Privy Council
Decided on: Feb-28-1935
SIR LANCELOT SANDERSON: These are six consolidated appeals from decrees of the Chief Court of Oudh. Mr. H. Hunter, is the liquidator of the Bank of Upper India Limited, Lucknow, which is in liquidation, and for the sake of brevity he is hereinafter referred to as "the liquidator." The Bank appeals against a judgment and decree of the Chief Court dated 22nd December 1930. Rani Kaniz Abid is the beneficial owner of certain decrees obtained in respect of promissory notes executed by Chaudri Shafiz-uz-zaman, hereinafter called "the insolvent," and she appeals against a decree of the Chief Court dated 15th October 1929. Chaudhri Sharf-uz-zaman is the son of the insolvent, and K. B. Sheikh Matin-uz-zaman, Mohammed Wasim, Chaudri Hyder Husain, Chaudri Ehsan Husain are the trustees of a deed of trust executed by the insolvent and dated 30th January 1912. They are hereinafter referred to as "the trustees.'' The above-mentioned Chaudri Sharf-uz-zaman and the trustees appeal against a decree of t...
Dawsons Bank, Ltd. Vs. Nippon Menkwa Kabushihi Kaish (Japan Cotton Tra ...
Court: Privy Council
Decided on: Feb-21-1935
Lord Russel of Killowen: The appellants are a limited company incorporated under the Indian Companies Act. They carry on the business of bankers in Burma through the head office at Pyapon and various branches, one of which was at Bogale. They may be conveniently referred to as the Bank. The respondents to the appeal are a trading company incorporated in Japan. They carry on business in Burma, and in the course thereof they purchase rice from paddy traders. They may be conveniently referred to as the Japanese company, or as the plaintiffs. In the neighbourhood of Bogale are to be found rice mills to which the traders bring their paddy for the purpose of having it milled. One of these mills, the Natchaungwa Mill, had been mortgaged by its owner to the Bank, and at all times relevant to this appeal the Bank were mortgagees in possession of this mill and were milling paddy there for various paddy traders. For brevity's sake this mill will be referred to as the N mill. It was managed by one...
Liladhar Nemchand Vs. Rawji Jugjiwan
Court: Privy Council
Decided on: Feb-15-1935
Lord Alness; This appeal is taken from a final judgment or order of the High Court of Judicature at Bombay, dated 5th April 1932 which in effect reverses a judgment or order of that Court in its ordinary original civil jurisdiction, dated 9th October 1931. The defendant in the suit in which these orders were pronounced, who is the present appellant, is a share broker in Bombay. The plaintiff in the suit, who is the present respondent, was a client of his. The principal question submitted for the decision of the Board - a question of fact-is whether a sale for the settlement of April 1920, and a purchase for the settlement of May 1920, of 500 shares of the Simplex Mills, Ltd. (hereinafter referred to as "Simplex shares") and certain resultant transactions, all of which were effected by the appellant, were transactions for which the respondent was liable to the appellant. The first Court held that the respondent was liable; the appeal Court held that he was not. On 1st December 1922, the...
Nune Sivayya and Another Vs. Maddu Ranganayakulu and Another
Court: Privy Council
Decided on: Feb-12-1935
Lord Thankerton: This is a consolidated appeal from a judgment and two decrees of the High Court of Judicature at Madras, dated 22nd September 1927, which affirmed a judgment and two decrees of the Court of the Subordinature Judge, Bapatla, dated 31st March 1923, and made in Original Suits Nos. 86 of 1919 and 83 of 1922. In Original Suit No. 86 of 1919, the appellants sue respondent 1, in appeal No. 64 of 1930, and his minor son, to whom he is guardian ad litem, respondent 2, in said appeal for damages for breach of contract in respect of five contracts of sale of bales of yarn made between the 10th and 19th August 1918, and this suit has been dismissed by the Courts below. In Original Suit No. 83 of 1922 respondent 1 in the above appeal sues the appellants for an amount due in respect of goods supplied, and this suit, out of which the second appeal arises, has been decreed in the respondent's favour, the only defence of the appellants having been that the amount so due has been taken ...
Maqbul Ahmad and Others Vs. Onkar Pratap NaraIn Singh and Others
Court: Privy Council
Decided on: Feb-07-1935
Lord Tomlin: This is an appeal from a decree of the High Court of Judicature at Allahabad dated 6th May 1929, by which a decree dated 29th April 1924, made by the Subordinate Judge at Basti was affirmed. The decree of the Subordinate Judge had dismissed the application of the decree-holder in a mortgage suit to have the preliminary decree in the suit made absolute. The present appeal is brought by representatives of the decree-holder since deceased, complaining of the decrees to which reference has been made. The facts of the case are shortly these. A preliminary mortgage decree was obtained on 7th May 1917, which was amended in some respects not material to be particularised on 22nd May 1917. There were a number of mortgagors interested in different villages comprised in the mortgage, and some of them appealed to the High Court against the preliminary decree. There were in fact two such appeals. One appeal succeeded, with the result that certain villages were excluded from the decree,...
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