Privy Council Court March 1937 Judgments

Mahabir Prasad and Another Vs. Syed Mustafa HusaIn and Others

Court: Privy Council

SIR GEORGE RANKIN: On 13th April 1918, one Mir Fida Husain, a Mussalman of the Asna-Ashari sect of the Shias died leaving him surviving a widow, six sons of whom two were minors, and three daughters of whom two were minors. The appellants are judgment-creditors of three of the sons-viz., Mohammad Askari Hasan Askari and Baqar Mehdi - who were all of full age at the date of their father's death. In execution of money decrees against these sons the appellants in 1928 attached certain of the properties left by Mir Fida Husain, in consequence whereof they were impleaded as defendants 1 and 2 in the suit out of which this appeal arises. This suit was brought on 17th October 1929, by two of Mir Fida Husain's daughters seeking to establish that the whole of the properties left by their father, including the properties attached by the appellants, were wakf property. The learned Subordinate Judge has held that the shares (in all thirteen twentieths) which would ordinarily be inherited by the wi...

William I. Bishop Ltd.and Others Vs. James Maclaren Co., Ltd.

Court: Privy Council

Reported in: AIR1937PC193

LORD ROCHE: This is an appeal from two judgments of the Court of King's Bench for the Province of Quebec (Appeal Side) dated 27th December 1935 reducing by the first judgment the amount awarded to the appellants by the Superior Court for the District of Montcalm from $293,584.84 with interest on $87,444.68 from the date of the institution of the action (4th December 1930) and with interest on the balance ($206,066.16) from the date of the judgment of the Superior Court (10th June 1934) to $1,429.60 with interest thereon from the date of the institution of the action. By the second judgment the Court of King's Bench dismissed the cross-appeal of the present appellants which was brought to secure a decree for interest on the above mentioned sum of $206,061.16 from the date of the institution of the action instead of from the date of the judgment of the Superior Court. In the Court of King's Bench St. Germain, J. dissented from the judgments in that he would have allowed the judgment of t...

Lal Durga Bakhsh Singh Vs. Rani Brij Raj Kuar

Court: Privy Council

Lord Blanesburgh: This is an appeal from a decree dated 11th January 1933 of the Chief Court of Oudh at Luoknow in appearance modifying, but in principle reversing a decree dated 5th January 1931 of the Court of the Subordinate Judge, Sultanpur. The suit in which these decrees were pronounced was commenced on 11th April 1929, by the present respondent, the widow of the Raja Partab Bahadur Singh of Kutari, against the present appellant to recover payment of Rs. 15,243 and accrued interest alleged to be due to the respondent for maintenance under a deed of gift of 23rd May 1926, made in favour of the appellant by his uncle, Baghwan Baksh Singh. By that deed, amongst other provisions made for the appellant, and together also with benefits for the infant son of the donor, and for the respondent, the appellant, taking title thereto from the donor, was constituted in effect tenant for life of the Kutari estate, with the exception of two villages otherwise donated, but he was in return laid u...

American Mail Line Ltd., Owners of the Steamship president Jefferson V ...

Court: Privy Council

Reported in: AIR1937PC168

LORD NORMAND: The owners of the President Jefferson appeal from the unanimous judgment of the Supreme Court of Hongkong finding the President Jefferson alone to blame for a collision in which she was involved with the motor vessel Afrikain Hongkong harbour on 14th December 1934. The trial Judge, the Chief Justice of Hongkong, held that both vessels were to blame for the collision, and he divided the liability in the proportion 70 per cent, against the President Jefferson and 30 per cent, against the Afrika. From his judgment an appeal and cross-appeal were taken to the Full Court, of which the Chief Justice was himself a member, and the judgment of the Full Court proceeded on the facts which the Chief Justice had found. The Chief Justice concurred with the conclusion reached by the Full Court varying his judgment because of the advice given to the Court by the nautical assessors. In the present appeal the appellants contended that the Afrika was alone to blame, and alternatively that, ...

Hari Sadashiv Khare Vs. Sitabai Ramchandra Sadashiv Khare and Another

Court: Privy Council

Reported in: AIR1937PC181

LORD MAUGHAM: This is an appeal from a decree dated 29th February 1932, of the High Court of Judicature at Bombay, affirming with the exception of certain costs of defendant 2, who is not a party to this appeal, the decree dated 23rd October 1929, of the Court of the First Class Subordinate Judge of Ratnagiri. The suit in which the said decrees were passed was brought by the respondent, Sitabai, against the appellant, Hari Sadashiv Khare (defendant 1), for partition of immoveable properties consisting of agricultural land and two houses of which the plaintiff and defendant 1 were in joint possession and for separate possession of her (plaintiff's) own share therein. Both Courts in India have given judgment in favour of Sitabai, who however has since died. The parties are Hindus of the Brahmin caste subject to the Mitakshara law as interpreted in Bombay. One Sadashivrao Khare, a retired Subordinate Judge, died on 4th May 1915, leaving him surviving his widow Yamunabai and the respondent...

Mt.Vaishno Ditti Vs. Mt. Rameshri and Others

Court: Privy Council

SIR GEORGE RANKIN: In this case two appeals have been consolidated. Both arise out of proceedings which followed upon an Order in Council dated 30th July 1928, made in Appeal No. 84 of 1927. They are brought by Mt. Vaishno Ditti, who on 10th April 1923, filed her suit in the Court of the District Judge of Peshawar to establish her right to a quarter share in the property left by her maternal grandfather Balmokand and his widow Mt. Kauran. Balmokand had died in 1906 leaving a widow and five daughters of whom one (Ramo) died without issue, so that her share accrued to the others equally. The widow had died in 1909. The suit having succeeded before the District Judge, was dismissed on appeal by the Judicial Commissioner, but by the Order in Council already mentioned the decree of the District Judge was restored, ... subject to the following modifications: (a) that the appellant be granted a decree for a one-fourth share of the moveable and immovable property and (b) a decree for renditio...

Babu Kedarnath Goenka Vs. Maharaj Kumar Babu Bageshwari Prasad Singh a ...

Court: Privy Council

SIR SHADI LAL: These consolidated appeals arise out of proceedings in the execution of a decree obtained against the appellant by the respondents for the possession of land and for the mesne profits thereof. The questions raised by the appeals relate to the assessment of the mesne profits, and to the rate of interest which should be allowed on the profits. The circumstances which led to the decree sought to be executed, may be shortly stated. In the Monghyr district of the Province of Bihar there was an estate called Mahal Bisthazari. The mahal comprised about 360 villages, but was entered in the Collector's register as a separate revenue paying estate. There were numerous proprietors in the mahal owning specific shares, some in one village only, others in several villages. Ordinarily all the proprietors in a revenue paying estate are jointly liable for the payment of the land revenue assessed on that estate, and in the event of a default in payment, the whole of the estate may be sold...

Kumar Pramatha Nath Ray and Others Vs. Nani Lal Roy and Others

Court: Privy Council

SIR GEORGE RANKIN: The problem in this case is to ascertain the boundary between two fisheries (jalkars) in the River Padma where it flows between the districts of Dacca and Faridpur. The appellants are proprietors of the upper and the contesting respondents of the lower fishery. There is no gap between the two : the upstream limit of the respondents' fishery is the downstream limit of the appellants. In each case the fishery right dates from before the Permanent Settlement, but is now part of a permanently settled estate. The appellants' estate is called Char Mukundia, the respondents' is called Bikrampore. The water in question being a public navigable river the right of fishery is not a mere appurtenance of the adjacent land but is in origin dependent on a grant from Government, and as the river changes its course from time to time, the right of fishery follows the river. 41 IA 221 (1) is a decision on this very water. From time to time, for a hundred years and more, disputes over t...

St. Francis Hydro Electric Co., Ltd. and Others Vs. the King and Other ...

Court: Privy Council

LORD MAUGHAM: This is an appeal from a majority judgment of the Court of King's Bench for the Province of Quebec (Appeal Side), dated 29th May 1936, confirming a judgment of the Superior Court for the District of Quebec, dated 25th March 1935. The appellants succeeded in maintaining their title to certain riparian lands on the St. Francis River at a point called Spicer Rapids, some 25 miles up the river from Lake St. Peter through which the St. Lawrence flows. With that question His Majesty the King, who is respondent 1, was not concerned and there has been no appeal with regard to it. Except incidentally it need not be further mentioned. The appellants also claimed certain parts of the bed of the River St. Francis opposite their riparian property at Spicer Rapids. His Majesty and the second respondents, the Southern Canada Power Company, Ltd., have disputed the appellants' claim. The Provincial Government had, in fact, granted to the respondent Company a lease, dated 3rd August 1917, ...

Tata Hydro-electric Agencies, Ltd., Bombay Vs. Commissioner of Income- ...

Court: Privy Council

LORD MACMILLAN: The appellants are a private limited company who carry on the business of managing agents of the Tata Power Company Limited and of certain other hydro-electric companies in India. They acquired this agency business from their predecessors, Tata Sons Limited, under an assignment dated 21st November 1929 whereby Tata Sons Limited transferred to the appellants their whole rights and interest as agents of the hydro-electric companies under their subsisting agreements with these companies, but subject, as to their rights and interest under their agreement; with the Tata Power Company Limited, to their obligations under two agreements with F. E. Dinshaw Limited and Richard Tilden Smith respectively. The assignment was declared to be to the intent that the appellants should thenceforth be and act as the agents of the hydro-electric companies and be entitled to all benefits and advantages contained in and conferred by the agreements between Tata Sons Limited and these companies...