Privy Council Court December 1936 Judgments
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Hazariram Marwari and Others Vs. Bansidhar Dhandhania and Others
Court: Privy Council
Decided on: Dec-16-1936
SIR GEORGE RANKIN: The question in this appeal is whether under Rr. 18 and 20 of O. 21, in Sch. 1, to the Civil PC, there can be a set-off in execution proceedings of two decrees hereunder mentioned. The High Court at Patna have allowed the set-off (6th February 1933), after the Subordinate Judge of Godda had refused it (11th April 1931). The decrees in question are, first, a decree for mesne profits dated 15th January 1924, of which the present appellants took an assignment on 12th December 1925 ; secondly, a final decree for sale dated 18th December 1925. Both decrees were transferred to the Court of the Subordinate Judge at Godda for execution. The history of the matter may be out-lined as follows : One Thakur Barham was the proprietor of an estate in the Santal Perganas called Patsanda. He borrowed money from certain persons at whose instance in July 1904, six annas interest in Patsanda was sold in execution of a decree and bought as to two annas by Srimoan, the father of the respo...
Mahant Ramdhan Puri and Others Vs. Chaudhury Lachmi NaraIn and Others
Court: Privy Council
Decided on: Dec-16-1936
SIR GEORGE RANKIN: The suit out of which this appeal arises was brought in forma pauperis on 18th September 1922, by the three sons of one Kashinath against no fewer than 78 defendants. The plaint is a long and complicated document of 69 paragraphs and the general outline of its contents is that Kashinath, the father and karta of a Mitakshara family, had embarked upon a career of vice and extravagance, in the course of which he had parted with a number of the family properties and had lost other properties by sales in execution of decrees. The purpose of the plaint was to recover various properties from the persons to whom they had been thus alienated, upon the footing that the alienations were not made for family necessity and if made for Kashinath's antecedent debt, were not binding against his sons by reason that they were made for purposes which the Hindu law regards as immoral. In respect that all the transactions impugned were brought under the allegation as to Kashinath's bad ch...
United Motor Finance Co. Vs. Addison and Co., Ltd.
Court: Privy Council
Decided on: Dec-10-1936
SIR GEORGE RANKIN: The plaintiff firm sues the defendants, who are a limited company trading in Madras, for damages for fraud in connexion with the sale of motor vehicles. The parties had been dealing with each other since 1924, and until 1929 the dealings gave rise to no complaint, but in respect of 40 transactions of 1929 and 1930, the present action was brought on 7th August 1933, on the Original Side of the High Court at Madras. It was tried by Stone, J. in 1934 and by his decree dated 9th May 1934, he found for the plaintiff firm in respect of 25 transactions, directing an inquiry as to damages. On appeal, a Division Bench (Varadachariar and Burn, JJ.) varied his findings, with the result that the plaintiff firm succeeded as to 12 items, but in respect of some of these damages were directed to be assessed on a different basis from that adopted by Stone, J. On this appeal to His Majesty the decision of the Division Bench was complained of in respect of 35 out of the original 40 tra...
R. Venkata Rao Vs. Secretary of State
Court: Privy Council
Decided on: Dec-08-1936
LORD ROCHE: This is an appeal against a decree dated 19th December 1933, of the High Court of Judicature at Madras in its appellate jurisdiction affirming a judgment of the High Court in its original jurisdiction dismissing the action of the present appellant, the plaintiff in the action. The action was one claiming damages for wrongful dismissal from Government service and the questions involved were whether the dismissal was in fact wrongful and in breach of the material rules of the service, and if so, whether the suit for damages was maintainable. The facts of the case were these: The appellant in May 1924 was a reader in the Government Press, Madras, and as such reader held office in the Civil Service of the Crown in India. In May 1924, he fell under suspicion of being concerned in a leakage of information in respect of Pleadership Examination papers. The appellant consistently and stoutly denied the charge. The matter was investigated and at first the appellant was directed to vi...
R.T. Rangachari Vs. Secretary of State
Court: Privy Council
Decided on: Dec-08-1936
LORD ROCHE: This is the appeal of the plaintiff in the action against a decree of the High Court of Madras, in its appellate jurisdiction, dismissing an appeal against a decree of the High Court in its original jurisdiction whereby the action of the plaintiff had been dismissed and judgment had been entered for the defendant. The facts giving rise to the litigation are as follows: Prior to and in the month of July 1927, the appellant was a Sub-Inspector of Police in the Presidency of Madras. Certain charges of irregular and improper conduct in the execution of his duties as a Police Officer were made against him and were the subject of an official inquiry conducted by a Mr. Charsley, an Assistant Superintendent of Police for the district in which the appellant was serving. This inquiry was held in the manner required by R. 14 of the Statutory Rules, 1924, Nos. 354 and 355 (the Civil Services Classification Rules), made under S. 96-B (2), Government of India Act, 1919. Mr. Charsley had ...
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