Privy Council Court May 1941 Judgments

A.L.N. Narayanan Chettyar and Another Vs. Official Assignee, High Cour ...

Court: Privy Council

Reported in: AIR1941PC93

LORD ATKIN: This is an appeal from the High Court of Judicature at Rangoon in a suit in which the plaintiffs claimed to set aside, on the ground of fraud, a sale of land to the defendant Kasi, now an insolvent, whose estate is represented by the Official Assignee. The District Judge of Bassein made an order in favour of the plaintiffs : but his decision was reversed by the High Court, who found that the fraud was not established and dismissed the suit. The evidence is voluminous and consists in large part of entries in account books. Their Lordships have fully examined it with the assistance of the learned counsel for the appellants, but finding themselves in substantial accord with the views of the facts expressed in the judgments in the High Court and with their reasons for differing from the trial Judge, do not find it necessary to discuss the facts again at length. The substance of the case is that the plaintiffs are nominal owners of seven-eighths share in A. L. A. R. N. Chettiar ...

Dairen Kisen Kabushiki Kaisha and Others Vs. Shiang Kee (Known as Chin ...

Court: Privy Council

Lord Romer: The appellants and the respondents are (or were until it ceased to exist) shareholders in a company known as the Ching Kee Steam Navigation Company, Ltd. The company was incorporated in the year 1920 under the laws of the Republic of China, having its head office at Chefoo, in the Chinese Province of Shantung. It had also several branches, one of which was situated at Hong Kong. Its main business appears to have been that of owning steamships, of which, at the outbreak of hostilities between China and Japan, it possessed 20. Of these 6 were, and still are, in the harbour of Hong Kong. On 21st February 1939, the company was dissolved by decree of the District Court of Chungking, Szechuen. In the normal course of things the jurisdiction to make such a decree in the case of this company would have been vested in the District Court of Fooshan, in the Province of Shantung, of which the immediate higher Court was the Shantung Provincial Court. But in February 1939, the Japanese w...

Committee of Management of Gurdwara Penja Sahib and Another, Vs. Lieut ...

Court: Privy Council

Sir George Rankin: The dispute in this case relates to an area of 28 kanals and 1 marla (nearly three acres) situated in the village of Kot Fateh Khan in the Attock district of the Punjab. Within this area lies the tomb (samadh) of a Hindu ascetic Baba Than Singh who is said to have died in or about 1793. This tomb has long been held in veneration and had become a udasi shrine (debri or deri) before the Punjab came under British rule. The tomb of his disciple Chet Ram lies near to that of Than Singh, but the religious institution is known as the Deri Baba Than Singh. It would appear to be in enjoyment of one if not two jagirs or assignments of revenue dating from Sikh times. At its head there has been a long succession of mahants and in the area now in question have lived the sadhus connected with the institution as well as the mahant. A langar or free kitchen with certain buildings attached thereto has also been maintained there. The various compounds or closes comprised in the area a...