Privy Council Court February 1942 Judgments

Raja Shiva Prasad Singh Vs. Tincouri Banerji and Another

Court: Privy Council

SIR CHARLES CLAUSON: This is an appeal by the defendant in the suit against a decree of the High Court at Patna affirming (with a trifling amendment dealing with a matter of interest) a decree of the Subordinate Judge of Dhanbad, and ordering the defendant to pay to the plaintiffs (with certain interest) a sum of Rs. 2,83,550, representing the principal and interest remaining due on a promissory note of 22nd February 1934, after the defendant has been credited with certain sums paid on account of the note. The plaintiffs are the representatives of one Kedar, to whom the promissory note was given by the defendant. The circumstances attending the giving of the note may be stated quite shortly. Kedar had been the secretary of the defendant's predecessor in the family Raj; and on that predecessor's death he became the secretary of the defendant; but shortly afterwards left his service and became adviser to the defendant's predecessor's widows, whom it will be convenient to refer to as the ...

Raja Jogendra Narayan Deb and Another Vs. Debendra Narayan Roy and Oth ...

Court: Privy Council

SIR GEORGE RANKIN: The suit which is now before the Board was begun on 9th May 1930, in the Court of the Subordinate Judge at Alipore in Bengal. The substantive claim made by the plaint e was for declaration of title to and possession of the moveable and immovable properties which had been comprised in an impartible estate in Assam known as the Bijni Raj. By a schedule marked B 19 items of immovable property and seven items or classes of moveable property were specified in the plaint as the subject-matters of the claim. The suit was brought by one Debendra Narain Roy as executor to the estate of the late Rani Abhayeswari Debi who had died on 17th October 1918, having made her will on 30th August in that year. This lady was the survivor of two widows of Raja Kumud Narayan Bhup who had until his death in 1883 enjoyed the undisputed ownership and possession of the impartible estate. He bad died sonless : a daughter had died unmarried soon after him. The other widow had died in 1891. The c...

Navroji Ardeshir Cooper and Others Vs. Official Assignee, Bombay

Court: Privy Council

Reported in: AIR1942PC39

LORD THANKERTON: The present appeal arises out of a litigation in which the trial Court and the Appellate Division of the High Court have both given judgment on the merits to the same effect. The latter stages of the litigation have been conducted at the expense of the present appellants they having indemnified the trustee until after the decision of the High Court. The present appellants then applied to the trustee to carry the case further or, failing that, to allow his name to be used by them, they offering a continued indemnity to the trustee. The trustee declined, and the result was a notice of motion on 7th January 1937, on the Insolvency Side of the High Court, asking the Court to direct the Official Assignee to lend his name to the applicants for the purpose of carrying on the appeal to His Majesty in Council, they offering the usual proper indemnity. That motion was beard in the first instance by Blackwell J. and was refused. The present appellants then appealed to the Appella...