Privy Council Court January 1940 Judgments
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Hori Ram Singh Vs. Emperor
Court: Privy Council
Decided on: Jan-18-1940
VISCOUNT MAUGHAM: Their Lordships do not require to hear counsel for the Crown. This is an application for special leave to appeal in forma pauperis from a judgment of the Federal Court of India and it has the distinction of being the first application for such leave from that Court. The question which arises is as to the true construction of S. 270, sub-s. 1, Government of India Act, 1935. It is in these terms: "No proceedings, civil or criminal, shall be instituted against any person in respect of any act done or purporting to be done in execution of his duty as a servant of the Crown in India or Burma before the relevant date," which is 1st April 1937, "except with the consent," putting it shortly as applying to this particular case, "of the Governor" of the Province in which the petitioner was employed. It is perfectly clear, therefore, that this section is in the nature of an exceptional section which is intended to afford some measure of protection to certain public servants in r...
Gadadhur Mullick and Others Vs. Official Trustee of Bengal and Others
Court: Privy Council
Decided on: Jan-16-1940
SIR GEORGE RANKIN: One Shib Chandra Mullick, a Hindu governed by the Dayabhaga, was possessed of considerable property moveable and immovable, comprising a number of house properties in Calcutta and its suburbs, as well as zemindari property in the Sundarbans. He died on 4th August 1866, leaving him surviving a widow and an only son, Rishikesh Mullick. By his will, dated 3rd August 1866, he appointed one Dwarkanath Bhanjoo, his son Rishikesh and the Administrator-General of Bengal for the time being (who never acted) to be "executors and trustees of this my will." After providing for his widow's maintenance and residence and giving pecuniary legacies to her and to certain other persons, he disposed of the residue of his property as follows : I give, devise and bequeath all the rest, residue and remainder of my property moveable and immovable unto my executors hereinafter named in trust as to one moiety thereof for my only son Rishikesh upon his attaining the age of twenty-one years and...
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