Privy Council Court January 1939 Judgments

Oudh Commercial Bank, Ltd., Fyzabad Vs. ThakuraIn Bind Basni Kuer and ...

Court: Privy Council

Sir George Rankin: This is a decree-holder's appeal. It is brought by the Oudh Commercial Bank, Ltd., Fyzabad, against an order of the Chief Court of Oudh dated 14th August 1934 dismissing an application for the execution of a final decree for sale passed on 22nd January 1916, by the Subordinate Judge, Mohanlalganj, Lucknow. The respondents are the representatives of Babu Narindra Bahadur Singh (herein called the "judgment-debtor") who died in 1936 while the present appeal was pending. He was the grantor of a mortgage to the appellants dated 2nd September 1894 for Rs.2,35,000 at 8 per cent. per annum over a large number of ancestral properties including both proprietary (kham) and under proprietary (pukhtadari) villages. To enforce this mortgage, a suit was brought against him by the appellants in 1911 and a preliminary decree for sale obtained on 31st October 1912 from the Subordinate Judge. On appeal to the Judicial Commissioner's Court this preliminary decree was on 15th June 1915 v...

Dame Diana Meredith and Others Vs. Dame Elizabeth Magdalene Meredith a ...

Court: Privy Council

Reported in: AIR1939PC66

Lord Maugham: This is an appeal from the judgment of the Court of King's Bench for the Province of Quebec (Appeal Side) affirming a judgment rendered by Green-shields C. J. in the Superior Court in favour of the respondents. It should be mentioned that the matter came before the trial Judge sitting at Montreal, under the provisions of Art. 509, Civil PC, upon a joint factum of the appellants and respondents setting out an agreed statement of facts and a question of construction arising therefrom. Dame Elspeth Hudson Meredith, to be referred to hereafter as the testatrix, the widow of Charles Meredith who died prior to the year 1935, left as her last will and testament a holograph will, dated 4th June 1935. It was admitted to probate on 29th July 1936. Her estate was of the gross value of about two and a half million dollars, which had been derived approximately as to one-half from the estate of her late father and as to one-half from the estate of her late husband Charles Meredith. The...

Canadian Celanese Ltd. Vs. B.V.D. Co. Ltd.

Court: Privy Council

Reported in: AIR1939PC91

Lord Russell of Killowen: It is advisable to state at the outset the relevant facts which have led up to the prosecution of this appeal. The appellants are assignees of Canadian Letters Patent No. 265960 granted on 16th November 1926, to one Camille Dreyfus, concerning an alleged invention of "improvements relating to fabrics and sheet materials and the manufacture thereof."It is not necessary to discuss the specification in detail. It is sufficient to say that it contains 25 claims of which the first 24 are process claims, and the 25th covers the product. The first claim may be taken as a sample of all, for in respect of their excessive breadth (to which reference will later be made) the claims are all identical. It runs thus : A process for the manufacture of composite sheet material which comprises subjecting a plurality of associated fabrics, at least one of which contains a thermoplastic derivative of cellulose, to heat and pressure, thereby softening said derivative and uniting s...

Pakala Narayana Swami Vs. Emperor

Court: Privy Council

Lord Atkin: This is an appeal by special leave from a judgment of the High Court of Patna who affirmed the decision of the Sessions Judge at Berhampur who had convicted the appellant of the murder of one Kurree Nukaraju and sentenced him to death. The accused, his wife, his wife's brother, and his clerk living at his house were charged with the murder before the Subdivisional Magistrate, Chatrapur, in May and June 1937. After hearing the evidence the examining Magistrate discharged all the accused holding that there was no sufficient evidence to support the charge. Thereupon the Sessions Judge Berhampur exercising his powers under the Code of Criminal Procedure, called upon the accused to show cause why they should not be committed for trial and in July 1937 ordered the present accused and his wife to be committed to the Court of Session to stand their trial for offences under Sections of the Indian Penal Code 120-B (conspiring to murder), 302 (murder) and 201 (causing evidence of an o...