Privy Council Court February 1938 Judgments
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Babulal Chaukhani Vs. King-emperor
Court: Privy Council
Decided on: Feb-17-1938
Lord Wright: These two consolidated appeals depend substantially on the same issues of fact and involve the same questions of law. They were brought by special leave of His Majesty in Council in order to obtain a decision on the true effect of S. 239 (d), Criminal P.C., 1898, which provides that persons who are accused of different offences committed in the course of the same transaction may be charged and tried together. The question has been whether the correctness of the joinder which depends on the sameness of the transaction is to be determined by looking at the accusation or by looking at the result of the trial. Certain subsidiary questions have also been raised as affecting the validity of the trial and conviction. These are not matters which would justify special leave to appeal being granted upon the principles which this Board have adopted in guiding this discretion in criminal matters, and should not have been brought before this Board but as the questions have been raised,...
Charles Francis MartIn De Bueger Vs. J. Ballantyne and Co. Ltd.
Court: Privy Council
Decided on: Feb-14-1938
Lord Wright: This appeal raises a short but interesting question of the construction of an agreement about which the decisions in the Courts of New Zealand have exhibited differences of opinion. The agreement was made in London on 2nd August 1932, between the respondents, described as "a company incorporated in New Zealand, whose London Office is at 117, Wool Exchange, Basinghall Street, in the City of London," and the appellant, described as "Charles Francis Martin de Bueger, of 139, Albany Street, Regents Park, in the County of London." Under the agreement, the appellant was to proceed to New Zealand, there to be employed by the respondents as a tailor cutter for a period of three years from his arrival at a remuneration of seven hundred pounds sterling a year. The sole question is whether the appellant is entitled under that agreement to be paid according to the English or the New Zealand value of the pound. At the date of the agreement the latter was at about 10 per cent, discount ...
Raja Bahadur Dhanarajagerji Vs. Raja Panuganti Parthasaratlii Rayanim ...
Court: Privy Council
Decided on: Feb-10-1938
Sir George Rankin: In this case three appeals have been consolidated. They arise out of an account taken in the Court of the Subordinate Judge of Nellore under an Order of His Majesty in Council dated 25th June 1924, decreeing a suit for redemption of a mortgage. The suit had been brought in that Court on 27th August 1915, by three persons who had acquired the rights of the mortgagor, the then Raja of Kalahasti, in the suit lands under an execution sale in February 1915. One of them has since died but they may be referred to collectively as "the plaintiffs". The person sued as mortgagee was the first defendant and the Raja of Kalahasti was the second. As the latter was only a formal party and took no part in contesting the suit, defendant 1, though now dead and represented by his son, will be referred to herein as the defendant. Execution proceedings under the Order in Council were begun by Execution Petition No. 63 of 1924 filed on 1st October 1924, in the Court of the Subordinate Jud...
Canadian Shredded Wheat Co. Ltd. Vs. Kellogg Company of Canada Ltd. an ...
Court: Privy Council
Decided on: Feb-04-1938
Lord Russell of Killowen: In this case the Canadian Shredded Wheat Co., Ltd. (hereinafter referred to as the plaintiff) sued two defendants in the Supreme Court of Ontario, claiming an injunction to restrain an alleged infringement of registered trade marks and passing off of goods and damages. The trial Judge dismissed the action with costs. The plaintiff appealed to the Court of Appeal for Ontario, and the appeal was dismissed with costs. The plaintiff now appeals to His Majesty in Council. The circumstances which have given rise to this litigation are exceptional, and must be stated in some detail. On the 27th May,1896, one Henry D. Perky obtained a grant of Canadian Letters Patent (No. 52428) covering a new product which he had invented, and a process and machine by means of which the new product was prepared or produced. According to the patent, wheat is taken in berry form and, after being thoroughly washed, is boiled for about an hour. It is then dried for some hours. The berrie...
Messrs P.C. Mullick and Another Vs. Commissioner of Income-tax, Bengal
Court: Privy Council
Decided on: Feb-01-1938
Lord Russell of Killowen: The executors of a testator (one Akshoy Kumar Ghose, deceased) appeal from a judgment of the High Court of Judicature at Fort William in Bengal delivered on a reference by the Commissioner of Income-tax under S. 66, sub-ss. 1 and 2, Income-tax Act. The testator died in October 1931. By his will he appointed the appellants (and another) his executors. He directed them to pay his debts out of the income of his property, and to pay Rs. 10,000 out of the income of his property on the occasion of his "Addya Shradh" for expenses in connexion therewith to the person entitled to perform the Shradh. He also directed his executors to pay out of the income of his property the costs of taking out probate of his will. After conferring out of income benefits on his second wife and his daughter and (out of the estate) benefits on the sons, if any, of his daughter, and after providing for the payment out of income "gradually" of diverse turns to some persons, and certain annu...
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