Privy Council Court February 1936 Judgments

Rm. Ar. Ar. Arunachalam Chettiar Vs. Commissioner of Income-tax, Madra ...

Court: Privy Council

Sir George Rankin: This is an appeal by the assessee from the decision of the High Court at Madras on a reference made by the Commissioner of Income tax, Madras, under S. 66 (2), Income tax Act, (Act 11 of 1922). The appellant is the manager of a Hindu undivided family and the order of assessment dated 11th March 1932 was in form an assessment to income-tax of the Hindu undivided family. The year of assessment is the year 1931-32 and the year of account is the previous year, viz. 1930-31. The appellant took exception to the assessment made by the Income-tax Officer on 11th March 1932, as aforesaid, but his appeal to the Assistant Commissioner of Income-tax was on 10th December 1932, dismissed and the High Court of Madras has in effect upheld the orders of the income-tax authorities. The facts of the case, as stated by the Commissioner and as appearing by the orders of the Assistant Commissioner and Income-tax Officer [extracts from these orders being exhibited to the letter of referenc...

Dorothy Margaret Catherine Hulme King Vs. Henry Peter Christopher De S ...

Court: Privy Council

Lord Maugham: This is an appeal from a decree of the Supreme Court of the island of Ceylon dated 28th March 1934, affirming a decree of the District Court of Colombo dated 5th April 1923. The action was one in which the respondent was the plaintiff and the appellant was the defendant. The respondent was the husband of the appellant until the decree absolute, pronounced by the Supreme Court on 18th May 1926, in certain divorce proceedings brought at the instance of the respondent. The action which led to the present appeal was commenced by the respondent by plaint dated 11th May 1932, in which the respondent claimed from the appellant a sum of Rs. 12,118 under and by virtue of an agreement No. 326, dated 4th February 1926, and a mortgage bond No. 329, dated 18th February 1926. Of the sum named Rupees 11,500 were arrears of monthly payments due from the appellant to the respondent by virtue of the said instruments. The balance claimed was for interest. The circumstances under which the s...

Adib El Hinnawi Vs. Yacoub Fahmi Abu El Huda El Faruqi

Court: Privy Council

Lord Alness: This is an appeal from a judgment of the Supreme Court of Palestine, dated 5th April 1932, reversing a judgment of the District Court of Jaffa, dated 9th November 1931, and entering judgment for the respondent against the appellant for the equivalent in Palestine currency of E4,000, with interest and costs. The action out of which the appeal arises was begun on 7th February 1928, in the District Court of Jaffa by the respondent, who was the widower of one Fatmeh Mohamad el'Hinnawi, against the appellant, as the heir of Fatmeh, claiming payment of the said sum of E4,000, which was alleged to be due to the respondent upon a promissory note, dated 7th November 1926, and interest. The defence offered by the appellant, called his "statement of reply," was in substance (1) that the promissory note was not executed by the said Fatmeh, and (2) that there was no consideration for the note. On 18th March 1928, the action was heard before the District Court of Jaffa, when it was dism...

Srimant Chota Raja Saheb Mohitai Vs. S. Sundaram Ayyar and Others

Court: Privy Council

Lord Thankerton: This is an appeal from a judgment and decree of the High Court of Judicature at Madras, dated 21st January 1924, which affirmed, subject to a modification, a decree of the Subordinate Judge of Tanjore, dated 1st July 1918, and made in an interpleader suit, which was instituted on 8th July 1912, by the receiver and manager of the Tanjore Palace estate, in order to have the right of succession to these properties determined by the Court. Maharajah Sivaji, the last King of Tanjore, died in 1855, leaving no male issue. On his death the East India Company, in the exercise of its sovereign powers, took possession, as an act of State, of all his properties, which included the properties in suit. About a year later, the senior widow of the Rajah, filed a bill in equity against the East India Company, disputing the legality of the seizure of the private properties of the Rajah, and seeking recovery of the same in her right as senior widow of the Rajah. The litigation was finall...

Antonio Dias Caldeira Vs. Frederick Augustus Gray

Court: Privy Council

Reported in: AIR1936PC154

LORD ALNESS: In this case the respondent, who is a sales manager, sued the appellant, who is a doctor, for damages. The claim was based on negligence. The respondent was treated for malaria by the appellant, and the former affirms that, in giving him a quinine injection in the right buttock, the appellant travelled beyond the safe area for injection, and that the quinine injured the respondent's sciatic nerve, with the result that be if permanently lamed. The claim made by the respondent against the appellant was based upon two grounds: (1) that the appellant negligently inserted the needle of a hypodermic syringe into the sciatic nerve in the right buttock of the respondent, and/or negligently injected quinine into the said nerve, or, alternatively, injected quinine so near to the said nerve as to injure the same and destroy the tissue of a portion of the sciatic nerve; (2) that the appellant had not the skill and knowledge necessary for the administration of the said injection, or al...