Privy Council Court April 1943 Judgments
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Baba Narayan Lakras and Oothersvs. Saboosa and Others
Court: Privy Council
Decided on: Apr-15-1943
SIR GEORGE RANKIN: This appeal is preferred by the plaintiffs in a suit brought on behalf of the Hindus of a place called Basim, situated in Berar, against a number of Muslim defendants as representing the whole Mahomedan community of Basim. An order under R.8 of O.1 of the Code was duly made and the defendants contested the suit in three Courts in India. Their Lordships much regret, however, that they have not had the advantage of any argument for the defendants as no one appeared to represent them at the hearing before the Board. The dispute is as to the right of the Muslims at the time of Muharram to immerse tazias in a tank called the Padmatirtha tank which lies to the North West of Basim. This tank is described as a large area of water and as having ten ghats. The relief claimed by the plaint, which was filed in the Court of the Subordinate Judge at Basim on 20th June 1929, was an injunction restraining the defendants from immersing tazias (a) from ghats 1 and 2; (b) from ghats 3,...
Secretary of State Vs. T.R.M.T.S.T. Thinnappa Chettiar and Others
Court: Privy Council
Decided on: Apr-15-1943
SIR MADHAVAN NAIR: This is an appeal from a decree of the High Court of Judicature at Madras dated 26th January 1940, which reversed a decree of the Subordinate Judge of Tanjore, dated 1st September 1936, by which the plaintiff's suit was dismissed. The appeal arises out of a suit for a declaration that the inam village of Someswarapuram is exempt from liability to pay water-cess; and also for an order directing the defendant, the Secretary of State for India, the appellant before the Board, to refund the amount paid by the plaintiff as water cess for fasli 1340 (1930-1931), which the Government had levied under the Madras Irrigation Cess Act (Act 7 of 1865), which will hereinafter be referred to as "the Act." The suit was instituted by T. N. Kali Doss, who was the receiver of a half share of the suit village which had been allotted to one A. L. A. R. Arunachellam Chettiar, defendant 31 in O. S. 3/1919 in the District Court of Tanjore, West. While the appeal to the High Court was pendi...
District Board of West Tanjore Vs. Secretary of State
Court: Privy Council
Decided on: Apr-15-1943
SIR MADHAVAN NAIR: These are consolidated appeals from a judgment and three decrees of the High Court of Judicature at Madras, dated 12th August 1940 which affirm-ed a judgment and three decrees of the Subordinate Judge of Tanjore dated 29th March 1937, by which the plaintiff's suits were dismissed. The appellant before the board is the plaintiff - the District Board of Tanjore West. The respondent is the defendant - the Secretary of State for India. The Rajas of Tanjore had granted certain villages as entire inams for the support of chatrams (religious endowments) which are now under the management of the appellant. These inams had been duly recognised and confirmed by the British Government. The appeals arise out of suits instituted by the appellant, as manager of the inams, for the refund of water cess collected by the respondent under the Madras Irrigation Cess Act (Act 7 of 1865), hereinafter called "the Act," for Faslis 1333-1342 (1923-33), 1343 (1983-34) and 1844 (1934-35). It m...
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