Privy Council Court December 1938 Judgments

Sm. Radharani Dassya and Others Vs. Sm. Brindarani and Others

Court: Privy Council

Sir George Rankin: The parties in this case are governed by the Dayabhaga. The appeal is brought by the plaintiffs whose suit, instituted on 28th September 1930, in the Court of the Subordinate Judge at Dacca, has been dismissed by the trial Court (20th April 1932), and by the High Court (17th January 1936). See AIR 1936 Cal 392. The plaintiffs are the mother, widow and son of Matilal Das who died on 24th October 1925, and between them they represent his estate. They claim that Matilal in 1918 succeeded to the whole estate of his uncle Sashi Mohan who had died unmarried on 1st October 1865. The plaintiffs' case is simply that on the death of Sashi Mohan his mother Shyam Peary succeeded to his property for the estate of a Hindu mother, and that on her death (16th November 1918), Matilal was the nearest reversioner to Sashi Mohan. They admit that in the events which have happened they have no need of relief as regard three-quarters of the estate left by Sashi Mohan, but they say that Bri...

Raja Ajai Verma, Vs. Mt. Vijai Kumari and Another

Court: Privy Council

Sir George Lowndes: These consolidated appeals arise out of a suit filed by Kunwar Vijai Verma to make good his claim to a moiety of the Pawayan Estate in the Shahjahanpur District of the United Provinces. The litigation has been protracted and in some ways singularly unfortunate, and the appeals as they come before this Board have little resemblance to the case originally tried. Only one of the issues originally raised is now in dispute and upon it their Lordships have not deemed it necessary to hear argument. It has been found by the Indian Courts, and is now admitted, that the Pawayan Estate was in the hands of Raja Fateh Singh, the father of Vijai Verma, an impartible Raj descending by the custom of male primogeniture, under which, on the Raja's death in December 1921, it would, in the absence of any testamentary disposition by him, have passed intact to his eldest son, Raja Indra Bikram Singh, the original defendant in the suit. His younger brother however claimed that the Estate ...

Chung Chi Cheung Vs. the King

Court: Privy Council

Reported in: AIR1939PC69

Lord Atkin: This is an appeal from the Full Court of Hongkong dismissing an appeal by the appellant from his conviction and sentence at a trial in the Supreme Court of Hongkong before the Chief Justice, MacGregor C. J., and a jury. The appellant was convicted of the murder of Douglas Lorne Campbell and was sentenced to death. The murder was committed on board the Chinese Maritime Customs cruiser "Cheung Keng"while that vessel was in Hongkong territorial waters. Both the murdered man and the appellant were in the service of the Chinese Government as members of the officers and crew of the cruiser. The former was captain: the appellant was cabin boy. Both were British nationals. At the trial, the point was taken that as the murder took place on an armed public vessel of the foreign Government, the British Court had no jurisdiction in the matter. The contention was overruled by the Chief Justice at the trial, and on appeal his decision was upheld by the Full Court over which he presided. ...

Pyrmont Ltd. and Another Vs. Lucila Schott

Court: Privy Council

Lord Porter: The appellant company are incorporated in Gibraltar and carry on business as an investment company. The appellant, John Mackintosh, is a director of that company. In May 1935 the appellants were anxious to borrow a large sum of Spanish pesetas as they did not wish to convert English pounds sterling into that currency, and at that time the respondent had on deposit at Barclays Bank in Gibraltar a credit of over 500,000 pesetas standing in the names of Messrs. Carrara King and Marsh who were trustees of her late husband. The respondent is an old lady 82 years of age, whose business affairs were managed by her nephew one Eugenic Gross. Mr. King, who was a friend of both Mr. Mackintosh and the respondent, having heard that the appellants desired to borrow pesetas approached Mr. Mackintosh and arranged with him that the respondent should lend and the appellants borrow the sum of 500,000 pesetas at 3 per cent. interest per annum. Accordingly the appellants executed a bond dated ...

Prahladrai Chooreewalla Vs. Commissioners for the Port of Calcutta

Court: Privy Council

Reported in: AIR1939PC11

Lord Porter: The respondents in this case are the owners of certain plots of land at Grierson Road, Howrah. Before September 1932, one Gobardhan Das Deora (hereinafter called Deora) was tenant of the plots on which certain structures had been erected. A draft lease had been sent to him but it was never executed. Deora failed to pay the rent for the land and a large amount became due from him to the respondents. It was accordingly arranged between Deora and the appellant that the appellant should purchase the structures, and between the respondents, Deora and the appellant, that the appellant should become tenant of the land and certain further land at an agreed rent. The terms of the arrangement will be found in a letter from the respondents to the appellant's solicitors dated 21st September 1932. It was part of the terms agreed between Deora and the appellant that the appellant should take over and pay Deora for the structures on the land. This provision was duly carried out and from...