Privy Council Court March 1941 Judgments

Merla Ramanna Vs. Chelikani Jagannadha Rao and Others

Court: Privy Council

Sir George Rankin: Dharma Rao and Kasibabu were brothers, the former being older than the latter by about 19 years. The appellant Merla Ramanna was a creditor of Dharma Rao in respect of a promissory note executed in 1928 for Rs.10,000 with certain interest. Respondents 1 and 2 (herein called the respondents) are the sons of Kasibabu who died in 1910. The family is governed by the Mitakshara. Respondents 3 and 4 do not appear and need not be mentioned. After Dharma Rao's death in 1929, the appellant sued the respondents in the Court of the Subordinate Judge at Coconada as being persons in possession of Dharma Rao's estate and on 27th January 1931 recovered judgment in the usual form limited to assets of Dharma Rao which had come to their hands. Certain immovables in which Dharma Rao had had an interest were attached before judgment and on 22nd April 1932, the respondents applied to the Subordinate Judge to raise the attachment contending that the properties attached were not liable to ...

Ernest Hugh Canning and Others Vs. Soobran Partap and Another

Court: Privy Council

Reported in: AIR1941PC106

Lord Justice Luxmoore: On 21st October 1938 Boland J. ordered that the New Dome Oil Fields Ltd. (hereinafter called "the company") should be wound up by the Supreme Court of Trinidad and Tobago under the provisions of the Companies Ordinance Chap. 180. This order was made upon a petition presented by leave of the Court by Soobran Partap and Ramessar Partap on 9th September 1938. On 9th November 1938 Manoel Joaquium de Silva, a creditor of the company who had opposed the making of the winding-up order appealed against such order, and on 23rd November 1938 the Full Court of the Supreme Court of Trinidad and Tobago dismissed this appeal on the ground that it was incompetent because de Silva had intervened in the winding-up proceedings subsequent to the date of the winding-up order. On 14th November 1938 Philomena Fernandez who claimed to be a creditor of the company and as such had opposed the making of the winding-up order gave notice of appeal against such order while on 6th December 19...

Michel Habib Raji Ayoub and Others Vs. Sheikh Suleiman El Taji El Faro ...

Court: Privy Council

Reported in: AIR1941PC101

Lord Atkin: This is an appeal from the Supreme Court of Palestine sitting as a Court of appeal who set aside a judgment of the District Court of Jaffa in favour of the appellants, the plaintiffs in the suit, for 2500 for breach of contract. The hearing in the District Court was the result of a decision of this Board on appeal in the same case, who after judgments in the two Courts in Palestine ultimately in favour of the plaintiffs remitted the case for a further and fuller hearing. The dispute between the parties arises out of a contract in writing dated 12th November 1929, under which the appellants agreed to sell to the respondent certain land in the district of Jaffa. The purchase price was to be paid as to 200 on the signing of the agreement, when the purchasers were to be let into possession, and the balance by instalments. There was a date fixed for completion and there were various stipulations by either party, as to payment of taxes, survey of the land, proof of registration a...