Privy Council Court July 1940 Judgments

Punjab Co-operative Bank, Ltd., Amritsar Vs. Commissioner of Income-ta ...

Court: Privy Council

VISCOUNT MAUGHAM: This is an appeal from a judgment of the High Court of Judicature at Lahore dated 3rd February 1938, delivered on a reference under S. 66 (2), Income-tax Act (11 of 1922), by the Commissioner of Income-tax, Punjab, North-West Frontier and Delhi Provinces. The appellant (hereinafter referred to as the Bank) is a joint stock company, incorporated in the year 1905, carrying on the business of banking. The objects for which the Bank was established are set out in para. 3 of its memorandum of association and include- (a) To carry on in India and elsewhere the trade or business of banking in all its branches, and to transact and do all matters and things incidental thereto, or which may at any time hereafter be usual in connexion with the business of banking or dealing in money or securities for money. Paragragh 82 (i) of the articles of association provides that the directors- may invest funds of the company upon such securities or investments as they may think advisable;...

Upendra Nath Bose Vs. Lall and Others

Court: Privy Council

Reported in: AIR1940PC222

LORD RUSSELL OF KILLOWEN: This is an appeal from a decree of the High Court of Judicature at Patna by which it was ordered that the award hereinafter mentioned should be filed and made a decree of the Court. The relevant facts leading up to this litigation are as follows: The appellant, one Upendra Nath Bose, had in the year 1908 purchased in execution sale the proprietary right in the village Raitar in the Patna district subject to incumbrances. In the year 1912 his friend, Ishwari Prasad, advanced to him a sum of Rs. 50,000 for the purpose of partially clearing off the incumbrances and upon the terms that he should have an option to acquire a half share in the village in lieu of the repayment of his loan. This option he exercised in or about the year 1914. No conveyance was executed; the matter continued to rest on contract, but thenceforward he enjoyed a half share of the profits of the village. This state of affairs continued until the death of Ishwari which occurred in the year 19...

Babu Nisar Ahmad Khan Vs. Babu Raja Mohan Manucha and Others

Court: Privy Council

M.R. JAYAKAR: These proceedings arise out of two mortgage deeds Exs. 3 and 5 executed on 18th January 1919 and 14th August 1919 respectively. The respondents' father Motilal was the mortgagee and the appellant's father, Yar Mohammad Khan the mortgagor. The events which led to the present litigation are as follows: By a mortgage deed dated 8th July 1908 Mohammad Ewaz Ali Khan, the appellant's grandfather, who was the Taluqdar of Mahona, District Sultanpur, in Oudh, mortgaged his estate, consisting of twenty-six villages, to the Allahabad Bank Limited, for securing payment of a sum of Rs. 1,50,000 with compound interest at the rate of 7 per cent, per annum with half-yearly rests. In 1914, the Bank instituted a suit against the mortgagor and certain transferees from him, including his wife Saifuran Bibi, and on 12th April 1915 a preliminary decree was passed for Rs. 1,77,001-13-9 with interest and costs, to be paid by 12th October 1915, and, in default, the mortgaged property was to be so...

T. and J. Brocklebank, Ltd. Vs. Noor Ahmode

Court: Privy Council

LORD WRIGHT: This is an appeal from the amended decree of the High Court of Judicature at Fort William in Bengal (exercising its appellate civil jurisdiction), dated 25th January 1938, allowing an appeal and cross-appeal from a judgment and decree of the Subordinate Judge of the Fourth Court, 24 Parganas at Alipore in Money Suit No. 96 of 1934 dated 31st July 1935. The question for determination is whether or no the respondent is entitled to recover damages from the appellants in respect of an illness from which he suffered while, and since, serving as a lascar on board the appellants' steamship "Markhor" on a voyage from Calcutta to ports on the east cost of North America and the United Kingdom in and about the months of September and October 1933. The claim was for damages for the negligence of the Master or the Chief Steward of the "Markhor" or both of them for not taking proper steps to deal with the illness of the respondent. The action was originally brought not only against the ...

Mahomedally Tyebally and Other Vs. Safiabai and Others

Court: Privy Council

SIR GEORGE RANKIN: This case concerns the administration of the estate left by one Ebrahimji who died in 1904. He was a Dawoodi Borah governed by the Shia school of Mahomedan law and had carried on business in Bombay with his only brother Sarafally as merchants and commission agents. A pedigree table of the family is given hereunder. They belonged to Kapadvanj in the Kaira District of the Bombay Presidency, and the brothers were co-owners of certain immovable properties there in addition to their interests in their ancestral home. Their Bombay business was a profitable one and a house in Samuel Street in Bombay had been acquired out of the profits. The heirs of Ebrahimji, according to the Shia system of "sharers" and "residuaries," were (1) his mother Jelumboo entitled to a sixth share, (2) his widow Fatmabai entitled to an eighth share. (3) his son Kikabhai, and his two daughters by different wives, (4) Safiabai and (5) Khatiza-bai. These children took shares in the residue left after...

Bishun Dayal Vs. Kesho Prasad and Another

Court: Privy Council

SIR GEORGE RANKIN: This appeal is brought by the plaintiff from a decree dated 11th August 1936, of the High Court at Allahabad, which affirmed the decision (30th June 1932) of the Subordinate Judge at Banda dismissing the suit. The only question which now arises is as to the maintainability of the suit in view of S.66, Civil PC: 66-(1) No suit shall be maintained against any person claiming title under a purchase certified by the Court in such manner as may be prescribed on the ground that the purchase was made on behalf of the plaintiff or on behalf of someone through whom the plaintiff claims. (2) Nothing in this section shall bar a suit to obtain a declaration that the name of any purchaser certified as aforesaid was inserted in the certificate fraudulently or without the consent of the real purchaser, or interfere with the right of a third person to proceed against that property, though ostensibly sold to the certified purchaser, on the ground that it is liable to satisfy a claim ...

S.R.M.C.T.S.S.P.A. Chettyar Firm Vs. U on Maung

Court: Privy Council

Reported in: AIR1940PC211

MR. M.R. JAYAKAR: The question raised by this appeal is whether a mortgage by deposit of deeds made in favour of the appellants within two years of an adjudication in insolvency under circumstances mentioned below was voidable against the respondent (the receiver of the insolvent's estate) under S. 53, Provincial Insolvency Act, 1920. The District Court held that it was not voidable, and the Appellate Court that it was. The material portion of S. 53 is as follows : Any transfer of property not being a transfer madein favour of a purchaser or incumbrancer in good faith and for valuable consideration, shall, if the transferor is adjudged insolvent on a petition presented within two years after the date of the transfer, be voidable as against the receiver and may be annulled by the Court. The insolvent, L. M. R. S. M. Somasundaram Chettyar, carried on business as Chettyar at Kyaikto in the district of Thaton in Burma. In 1931 he left Burma for India. The business was then carried on by hi...

Raja, Profulla Nath Tagore Vs. Santosh Kumar Das and Another

Court: Privy Council

SIR GEORGE RANKIN: In this case two appeals from a decision given on 27th June 1935, by the High Court at Fort William in Bengal have been consolidated. They may be described with substantial though not with literal accuracy as brought one by the plaintiff and the other by the defendant, and as arising out of proceedings taken to ascertain mesne profits in a suit to recover possession of a number of tenures in lands lying in the village of Dashmina in the district of Bakarganj in Bengal. Strictly speaking there were two suits tried together and not one suit only, parties have on their death or for other reasons been succeeded by their representatives, there were a number of pro forma defendants in addition to the main defendant Raja Profulla Nath Tagore (now deceased but herein called the defendant); and at first his father's executors were impleaded and not himself. But such details may be waived aside and the suit sufficiently described as having been brought on 4th April 1916, in th...

Shankarrao Dagadujirao Jahagirdar Vs. Sambhu Nathu Patil

Court: Privy Council

SIR GEORGE RANKIN: In this case six appeals have been consolidated. They are brought from a decision of the High Court of Bombay dated 4th October 1934, in suits by the appellant for ejectment of the respondents from the lands of their tenancies under him. In each case the basis of the claim was that the tenancy is an annual tenancy determinable at the end of the agricultural year, namely 31st March, upon three months' notice. The lands in question are arable land in the inam village of Khed Digar. This village is in the Shahada Taluka of the West Khandesh District in the Presidency of Bombay, and lies upon the extreme northern boundary of the Deccan where it abuts upon the Barwani State. The total area of the village would appear to be under 1400 acres and the population about 400 persons of whom a little more than a quarter are Bhils. The appellant is the inamdar of the village and traces his title back to an inam grant by the Maratha Ruler in 1798. This title was confirmed by the Br...