Privy Council Court July 1938 Judgments

Oudh Commercial Bank, Ltd., Fyzabad Vs. Pandit Bishambhar Nath Bajpai

Court: Privy Council

Reported in: AIR1938PC250

Lord Wright: This is an appeal from a decree dated 2nd January 1936, of the Chief Court of Oudh at Lucknow, dismissing the appeal of the appellant with costs. The dismissal was by a majority judgment of two against one. The question turns on the construction of a document of compromise and the true effect in law to be attached to what was done under that document. The appellant had recovered judgment by a simple money decree against three defendants in the Court of the Additional Subordinate Judge at Unao on 5th October 1926. The amount awarded under that judgment was the sum of Rs. 12,819 with interest at the rate of 6 per cent. until payment. On 6th January 1927 a compromise was agreed upon between the appellant and the respondent. That compromise was sanctioned by the Subordinate Judge at Unao by an order of 3rd February 1927. The difficulty which has arisen is in respect of the true meaning of the compromise and the true effect to be given to the action which was taken under it. Th...

Attorney-general of Alberta Vs. Attorney-general of Canada, and Others

Court: Privy Council

Lord Maugham: This is an appeal by the Attorney-General of Alberta from a judgment of the Supreme Court of Canada (Duff C.J., Cannon, Crocket, Davis, Kerwin and Hudson JJ.) dated 4th March 1938 on a reference to them by the Governor-General of Canada under S. 55, Supreme Court Act (Revised Statutes of Canada, 1927, c. 35). The subject of the reference and of this appeal is the power of the Legislature of the Province of Alberta to enact three Bills which had been presented to the Lieutenant-Governor of Alberta for assent on 5th October 1937, and reserved by him for the signification of the Governor-General's pleasure. By order in Council dated 2nd November 1937 the Governor-General referred the following questions to the Supreme Court of Canada for hearing and consideration : 1. Is Bill No. 1, entitled ' an Act respecting the Taxation of Banks' or any of the provisions thereof and in what particular or particulars or to what extent intra vires of the Legislature of the Province of Albe...

Rana Uma Nath Bakhsh Singh Vs. Jang Bahadur

Court: Privy Council

Sir George Rankin.- Rana Sir Shanker Bakhsh Singh was taluqdar of Khajurgaon. In 1890 he had made a will appointing his eldest son Lal Chandra as his successor, but Lal Chandra having died in 1894 a new disposition was made by Sir Shanker Bakhsh Singh by a codicil dated 1st November 1894. By this codicil he gave to Sheoraj, his younger son, all his property, moveable and immovable, including the Khajurgaon estate but purported to provide that Sheoraj should not have power to make any son except Uma Nath Singh, his eldest son, the owner and successor to the estate "during his presence." It is unnecessary to discuss the effect in law of this provision. Sir Shanker Bakhsh Singh having died in 1897 was succeeded by Sheoraj who became Sir Sheoraj Singh, K. C. I. E. On 9th May 1913 two instruments were executed. The first was a deed of relinquishment (dastbardari) to which the parties were Sheoraj, Uma Nath (the defendant-appellant) and Shambhu Nath, his brother. By this deed, Sheoraj relinq...

Sooniram Ramniranjandass Vs. Alagu Nachiyar Koil (Temple)

Court: Privy Council

Reported in: AIR1938PC259

Sir George Rankin: On 1st April 1933, an order of adjudication under the Presidency Towns Insolvency Act (3 of 1909) (herein called "the Act"), was made by the High Court at Rangoon against a firm therein called the S.A.R.M. Chettyar Firm and described as carrying on business as bankers and moneylenders in Rangoon. This order was made at the instance of the appellants Sooniram Ramniranjandass as petitioning creditors. At the date of the adjudication order the insolvent firm consisted of three brothers, sons, of one Ramaswami Chettyar, who had died some years before. The business was a Hindu joint family business: it had been known at one time as the S. A. Firm and had been carried on by Ramaswami's father and afterwards by Ramaswami as managing member (karta) of the family. On 19th December 1933, the insolvents' schedule of affairs was filed, showing as creditor No. 85 in the list of unsecured creditors, the name of a Hindu temple situate at a place called O'Siruvayal in the Ramnad dis...