Privy Council Court August 1942 Judgments

In the Matter of S.S. prins Knud and Her Cargo, France Fenwick Tyne an ...

Court: Privy Council

LORD WRIGHT: The question which their Lordships have to decide is whether the appellants have a claim enforceable in prize in respect of the salvage services which they rendered to the "Prins Knud" before her arrest in Prize. In the circumstances to be explained the question has been argued without technicalities, both parties desiring a decision of the fundamental question. The "Prins Knud," a Danish vessel, registered at the Port of Copenhagen, ran aground in February 1940, in the neighborhood of Holy Island. Denmark was then neutral. The appellants, who are a British company carrying on their business at Newcastle-on-Tyne, are the owners of three tugs which rendered very meritorious salvage services, which ended successfully, with the result that on 27th March 1940, the vessel, which had been saved from the shoals, rocks and winter storms of that dangerous coast, was moored in safety in the Tyne, where she was placed in dry dock in the hands of ship repairers. The appellants as salv...

Bishnath Singh and Others Vs. Balwant Rao Naik Kalia and Others

Court: Privy Council

Reported in: AIR1943PC1

SIR GEORGE RANKIN: The appellants are the persons now entitled to the interest of the lessee under a perpetual lease dated 18th December 1875 granted by the respondents' predecessor, who was the zamnindar, in respect of the entire village of Bhatoli in the District of Mirzapur. The registered kabuliyat is in evidence. It describes the lease as a "theka" and the lessee as "thekadar" and provides that the thekadar shall pay annually a rent of Rs.111 to the lessor and the Government revenue and cesses - Rs. 235- to the Government. The rent is expressed to be payable by equal instalments of Rs. 27-12-0 on 15th November, 15th January, 1st May and 15th June, in each year - dates which are identical or almost identical with those fixed for the "kists" of Government revenue. There was a forfeiture clause in the following terms: (4) I shall pay the Government revenue with cesses, etc., instalment after installment, obtain receipts signed by the presiding officer and keep the same with me. If I ...

Canadian Pacific Railway Company Vs. Leonard Lockhart

Court: Privy Council

LORD THANKERTON: This appeal concerns solely the responsibility of the appellant for injuries received by the infant respondent owing to the negligent driving of a motor car owned and driven by one Stinson, employed by the appellant as a carpenter and general handy-man. The action, which was directed against Stinsor. and the appellant was tried before Rose CJ and a jury in January 1939. The jury found that the accident was caused by Stinson'a negligence and assessed the damages at $ 10,000,00 to the respondent and $ 500 to his father. No question was left to the jury as to the liability of the appellant, and the learned Judge directed judgment to be entered against Stinson, and reserved judgment as to the appellant's liability; on 12th July 1939, the learned Judge dismissed the action as against the appellant, holding that the driving of the motor car was not in the course or within the scope of Stinson's employment by the appellant. An appeal by the respondent was dismissed by the Cou...