Privy Council Court July 1942 Judgments

Raghbir Lala and Others Vs. Mohammad Said and Others

Court: Privy Council

Reported in: AIR1943PC7

SIR GEORGE RANKIN: The appellants represent the plaintiffs in a suit brought on 19th April 1921, in the Court of the Subordinate Judge at Delhi to eject a large number of defendants from certain lands known as the Minarwala garden at or near Subzi Mandi at Delhi. The defendants were persons who claimed title directly or indirectly to divers portions of the land under transfers made in 1915 and 1916 by one Janindar Kirat. The plaintiffs' case at the trial and before the Board is that the land in suit is debutter, being property dedicated to religious uses of the Digambar sect of Jains. It is described in the plaint as dharamarth and as wakf. The plaintiffs sued as followers of the said sect and as having been appointed to recover the property by a general meeting of persons interested in a Jain temple or temples at Delhi. On 28th November 1921, an order under R. 8 of O.1 of the Code, appointed them to represent the Jain community at Delhi for the purposes of the suit. The trial Court by...

Jeannette Robinson Belyea and Another Vs. Samuel A. Mcbride and Others

Court: Privy Council

Reported in: AIR1943PC43

LORD RUSSELL OF KILLOWEN: This appeal raises a question of very considerable difficulty as to the true construction and effect of the testamentary dispositions of a testatrix (one Maria Famicha Ganong) in relation to certain shares of $100 each owned by her in the common and preferred stock of a company called Ganong Brothers Limited. The relevant facts are as follows : The company was formed in the year 1916 under the laws of the Dominion, and purchased as a going concern, a business which was being carried on by a company incorporated under the laws of the Province of New Brunswick. The testatrix made her will on 25th September 1924. At that time she owned 1100 preferred shares and 436 common shares in the capital stock of the company. In addition she had by a trust indenture of 15th March 1918, assigned to trustees 3790 preferred shares and 3600 common shares (which had been bequeathed to her by her deceased husband) upon certain trusts for her own benefit during her life and after ...

Abiba Ali Vs. Alhaji Mama Ali

Court: Privy Council

LORD ROMER: Their Lordships on this appeal are called upon to determine the true meaning and effect of a devise of certain real estate contained in the will of one Ali, a native officer in His Majesty King Edward the Seventh's Hausas. This Ali was a much married man, being the possessor of no less than seven wives, of whom the senior was Madame Amina. He bad, on the other hand, comparatively few children, for they numbered but eight in all. Of these children one, a son, was the respondent Mama Ali; another, a daughter, was called Meriam Ali; a third, also a daughter, was the appellant Abiba Ali. On 12th December 1901, Ali made his will. It is written in the English language and is in the following terms: IN THE NAME OF GOD AMEN ! This is the last Will and Testament of Ali an Officer in His Majesty King Edward the Seventh's Hausas. 1. I leave my House in the Horse Road in Ussher Town to the South of the late B. D. Coker's House in the charge of Madame Amina, Meriam Ali and my son Mama...