Privy Council Court December 1940 Judgments
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Maharani Hemanta Kumari Debi and Others Vs. Gauri Shankar Tewari and O ...
Court: Privy Council
Decided on: Dec-04-1940
Sir George Rankin: The sanctity which Hindu thought and feeling attribute to the Ganges and the special veneration which its stream commands as it flows past the holy city of Benares (Kashi) are manifested by the temples and bathing ghats upon the banks. The efficacy of its waters to wash away every form of sin and pollution, is widely accepted doctrine among the orthodox and brings the Hindu pilgrim in large numbers seeking to acquire religious merit and advantage. According to evidence given in the present case Mankarnika, Dasaswamedh, Panch Ganga, Assi and Barna are the panch tirthas of Kashi; one who comes to Kashi on pilgrimage has to visit all these five places. In this appeal their Lordships are concerned with a bathing ghat which is known as the Prayag or Puthia ghat and which is covered by the name Dasaswamedh - the name of a mohalla of the city. The suit was brought on 15th February 1929 in the Court of the additional subordinate Judge of Benares. The plaintiff was Maharani H...
Ramanathan Chettiar Vs. M.Ar.Rm. Viswanathan Chettiar
Court: Privy Council
Decided on: Dec-02-1940
Lord Thankerton: The appellant, who is defendant 2 in a suit brought by the respondent to enforce a mortgage, appeals from a decree of the High Court of Judicature at Madras dated 20th April 1937, which modified a decree of the subordinate Judge of Devakottai dated 31st July 1930. The mortgage in suit was executed on 22nd December 1916, in favour of Ekappa Chettiar by Annamalai Chettiar, who is defendant 1 in the present suit, "for himself and as family manager and guardian of his undivided younger brother Ramanathan," the present appellant, for the sum of Rs.5000, on the security of certain properties belonging to the joint undivided family. The consideration was stated to have been received "by your obtaining the same and paying the same towards the debts due by our common firm at Colombo." Chokalingham Chettiar, who had three daughters by his first wife, but no son, adopted defendant 1 as his son. After the death of his first wife, he married a second wife, by whom he had a son, th...
Jagadamba Loan Co. Ltd. Vs. Raja Shiba Prasad Singh and Others
Court: Privy Council
Decided on: Dec-02-1940
Sir George Rankin: The controversy in this case has reference to 650 bighas of coal land in mouza Jinagara in the district of Manbhum in Bihar. In these, the appellants, the Jagadamba Loan Co., Ltd., are mortgagees of certain leasehold interests which were granted by the Jharia Raj as zemindar to one Charles Smith upon the terms of two kabulyats dated 24th April 1907. By one of these instruments Charles Smith took settlement of the surface rights for 999 years at an annual rent of Rs.650; by the other the sub-soil rights were settled with him for the same period upon certain terms as to payment of royalty which need not here be set out. The rent for the surface rights was secured by a provision that the leasehold land remains wholly hypothecated for the amount of rent and the amount of rent will be treated as the first charge. As regards the sub-soil rights the provision wasthat for the amount of royalty the leasehold land and the machineries remain wholly hypothecated. If I make defau...
Malik Mohammad Ikhtiar and Others Vs. Himtu Ram and Others
Court: Privy Council
Decided on: Dec-02-1940
Lord Atkin: These are consolidated appeals from the High Court of Judicature at Lahore who affirmed a decree of the senior subordinate Judge at Mianwali dismissing the suit of the plaintiffs so far as the present dispute is concerned. The plaintiffs are some of the proprietors in various villages in the Mianwali District. According to the respective village wajibularz prepared at the time of the first settlement in 1878 a proprietor had the right under certain conditions to reclaim the Shamilat (waste land) of the village and become Adna Maliks of the land. The plaintiffs claim that in the last 30 years they have reclaimed such land in their respective villages and are entitled to the rights stated in the relevant wajibularz. But the original position as defined in 1878 was altered in consequence of a scheme of the Government of the Punjab to make a canal in the Sind-Sagar Doab for the purpose of irrigating tracts in that district. In furtherance of the scheme the Sind-Sagar Doab Colon...
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