Privy Council Court March 1938 Judgments

Mt. Ali Begam and Others Vs. Badr-ul-islam Ali Khan and Others

Court: Privy Council

Sir George Rankin: On 25th May 1887, Agha Kalb Abid Khan, a Shia Mussalman of Persian origin, died at Amritsar leaving as his heirs a brother Kalb Ali Khan and a sister Mt. Hussaini Khanum. On 3rd March 1887, he had made a will the true construction and effect whereof is the subject of this appeal. He was possessed of a half share in certain immovable property in the District of Farrukhabad which he had inherited from his father and of which the income was expended on an Imambara and other religious purposes at Fatehgarh. In addition thereto he was possessed of immovable property at Amritsar and Lahore valued by him in his will at Rs. 1,73,000 and thereby described, valued and disposed of in detail. Of his properties at Lahore valued by him at about Rs. 60,000, three, of a total value of Rs. 36,200, were given by the will to his brother Kalb Ali and one, valued at Rs. 18,000, to his sister Hussaini Khanum. There remained two parcels of land at or near Lahore - one measuring 45 bighas a...

Nathu Lal Vs. Collector of Budaun

Court: Privy Council

Reported in: AIR1938PC183

Lord Wright: Their Lordships do not find it necessary to hear argument in this case from counsel for the respondent. The appeal is from a decree of the High Court at Allahabad which affirmed, subject to what will be said later, a decree of the Subordinate Judge of Budaun. The action was brought by the respondent to obtain a declaration that two deeds, one of 1st and the other of 2nd July 1923 were not binding on the ground that they were obtained by fraud and undue influence. One was a deed of gift of certain properties and the other a deed of sale. The action also claimed that the decree in suit No. 201 of 1923 was also void and should be set aside on the ground that it had been obtained by fraud. The Subordinate Judge, in a careful judgment in which he made all possible assumptions in favour of the appellant, the defendant in the action, found that the allegations were made out and that these two deeds and the decree had been obtained by fraud and undue influence and should be set as...

Gaekwar Baroda State Railway Vs. Hafiz Habib-ul-haq and Others

Court: Privy Council

Sir Lancelot Sanderson: This is an appeal from a judgment and decree of the High Court of Judicature at Allahabad dated 22nd December 1933, which varied but in the main confirmed a judgment and decree of the Subordinate Judge of Agra dated 3rd July 1929. The suit was brought by Mohammad Habib-ullah, who died after the judgment of the trial Court was given and during the pendency of the appeal to the High Court. The respondents to this appeal were brought on the record as his heirs and personal representatives. . The defendant in the suit was described as "The Gaekwar Baroda State Railway through the Manager and Engineer-in-Chief" of the said Railway. The plaintiff was a timber merchant, and in April 1923, he entered into four contracts for the supply of sleepers for the said railway in Baroda which are the subject matters of this appeal. A fifth contract for the supply of shisham wood was also comprised in the suit. The contracts were made in Baroda between the plaintiff and a Mr. Mart...

Nippon Yusen Kaisha Vs. Ramjiban Serowgee

Court: Privy Council

Lord Wright: The appellants in this appeal, a Japanese ship-owning company, have been held liable to pay to the respondents, who are brokers and merchants at Calcutta, damages representing the value of certain consignments of jute gunny bags. Before explaining the issues in the case, it will be convenient to state in briefest possible outline the material facts and documents. On 4th May 1926, the respondents entered into three contracts with three mills respectively for the purchase of a total quantity of 250 bales. On the same day they sold the same quantity of 250 bales to a company called the International Export Company, Ltd., carrying on business in Calcutta, who will be referred to as the Export Company. The conditions of all the contracts were identical, the form used being the ordinary form approved by the Indian Jute Manufacturers Association. This is the form under which the entire export business in gunnies in Calcutta is conducted. Cls. 3 and 4 of the terms and conditions a...

T.R. Pratt (Bombay) Ltd. Vs. M.T. Ltd.

Court: Privy Council

Sir George Rankin: In this case two appeals have been consolidated. They arise out of proceedings taken in the winding-up of a company called T. R. Pratt (Bombay), Limited (herein called "Pratts") which was registered in 1919 under the Companies Act 1913. On 22nd June 1932, it was ordered by the High Court of Bombay to be wound up. The order appealed from is dated 18th September 1935, and was made by a Division Bench on appeal from Kania J. It dealt with two separate but inter-related claims against Pratts - one preferred by E. D. Sassoon and Company, Limited, and the other by M. T. Limited (in voluntary liquidation). The claim of the former (herein called "the Sassoon Company") was to be a secured creditor of Pratts for Rs. 4,91,284 by virtue of an equitable mortgage evidenced by an indenture dated 28th February 1928, and confirmed by another indenture dated 11th August 1931. The claim of M. T. Limited was intended as an alternative to the claim of the Sassoon Company: it was that if ...

Ahmed Angullia Vs. Estate and Trust Agencies (1927) Ltd. and Others

Court: Privy Council

Reported in: AIR1938PC205

Lord Romer: This appeal raises an interesting question as to the duties of an executor in relation to the testator's contracts remaining uncompleted at his death. The facts that give rise to it are, so far as material, as follows: On 3rd January 1927, Kavena Hadjee Mohamed Yoosuf, hereinafter referred to as the intestate, conveyed certain lands in Singapore to his wife, the respondent Fatimah and himself upon trust for himself for life and after his death upon trust (subject to certain provisions as to maintenance) for his son the respondent Kader Ebrahim if he should attain the age of 21 and in default upon trust for the said son's children as therein mentioned with an ultimate trust in favour of the intestate's said wife and a daughter. On 15th July 1927, the intestate entered into a contract with one Tan Peck Hood, a building contractor, which provided (as subsequently modified) for the erection on part of the settled land of six shops at a cost of $44,572. Hood proceeded with the w...