Privy Council Court June 1942 Judgments
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Lala Hem Chand Vs. Lala Pearey Lal and Others
Court: Privy Council
Decided on: Jun-24-1942
SIR MADHAVAN NAIR: This is an appeal from a decree of the High Court of Judicature at Lahore dated 27th January 1938, which reversed a decree of the Court of the Subordinate Judge of Delhi dated 30th November 1936, in favour of the defendant-the appellant before the Board. The appeal arises out a suit instituted by the plaintiffs, on behalf of the members of the brotherhood of the Digambar Jains, for recovery of possession from the defendant of a house described as "Jain Dharmasala," situate at Khatra Mashru in ward 4 of the town of Delhi, and entered as No. 48 in the municipal registers. The question for decision in this appeal is whether the plaintiffs have established their title to, and right to recover possession of, the suit property from the defendant. The parties to the suit are Jains, and are governed by the Mitakshara law. In the plaint, it was alleged that the house in dispute was purchased by one Lala Janaki Das, presumably with his own funds, that he "converted it" into a ...
Lala Hakim Rai Vs. Lala Ganga Ram
Court: Privy Council
Decided on: Jun-22-1942
LORD ROMER: This appeal by the plaintiff and cross-appeal by the defendant arise out of a suit brought for the purpose of winding up the affairs of a partnership that existed many years ago between the two parties. The questions that the plaintiff seeks to have decided upon his appeal (apart from a question relating to interest) are questions whether in taking the accounts of the partnership certain items should or should not be allowed on one side or the ether. They are purely questions of fact. It is not and cannot be suggested that they involve any question of principle whatsoever. Such being the case, they most emphatically are not questions that ought to be made the subject of an appeal to His Majesty in Council. It is true that the appeal is concerned with only six out of a great number of items appearing in the account, and that two out of the six were very properly abandoned during the argument of the learned counsel for the plaintiff. But that is not to the point. If four of s...
Bank of Upper India, Ltd., Vs. Robert Hercules Skinner and Others
Court: Privy Council
Decided on: Jun-15-1942
LORD ATKIN: In these cases there are five consolidated appeals from five decrees of the High Court at Allahabad who varied decrees of the Subordinate Judge, Meerut, in mortgage suits instituted by the appellant. The transactions between the plaintiff bank now in liquidation and the relations of the respondents, and between those relations and the respondents, were numerous, and have been the subject of other litigation. But the question to be decided on this appeal, the construction of S. 19, Limitation Act, is a simple one, and the point can be discussed upon a concise statement of the facts. At various dates between 1904 and 1912 four brothers, cousins of the respondents, executed five mortgages of properties in Meerut, United Provinces and in Hissar, Punjab. In one the mortgagors were the four brothers and in four only two of the brothers disposing of their two-fifth shares in the properties. Two of the mortgages were expressed to be cash credit loans payable after three months' not...
Dr. Sardar Bahadur, Sir Sunder Singh Majithia Vs. Commissioner of Inco ...
Court: Privy Council
Decided on: Jun-04-1942
SIR GEORGE RANKIN: This is an appeal by the assessees from a judgment of the High Court at Allahabad on a reference made under sub-s. (2) of S. 66, Income-tax Act, 1922. The question referred arises out of an assessment made for the year 1932-33 on the profits of a business carried on under the style of "The Saraiyar Sugar Factory" at Sariyar in the district of Gorakpur in the United Provinces. The year of account is the year ending 30th September 1931, in accordance with the accounting practise of the assessees. The matter of substance in the present dispute is whether the assessment should be made upon the footing that the business belonged to a Hindu undivided family or upon the footing that it belonged to a firm of which the father, mother and three sons were partners on the terms of a written instrument dated 12th February 1933. The family are Sher Gill Jats of the Amritsar district of the Punjab. It is not disputed that they form a Hindu undivided family, but with them the genera...
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