Privy Council Court October 1944 Judgments
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Lala Man Mohan Das Vs. Janki Prasad and Others
Court: Privy Council
Decided on: Oct-17-1944
Sir Madhavan Nair: This is an appeal from a decree of the High Court of Judicature at Allahabad dated 16th September 1986 which reversed a decree of the Court of the Subordinate Judge at Allahabad dated 18th August 1934 and dismissed the plaintiff's suit with costs. The plaintiff-the appellant before the board - is a money-lender, and the appeal arises out of a suit instituted by him as a mortgagee of the suit property on a mortgage dated 4th December 1926 executed by defendants 1 to 3 - respondents 1 to 3 in this appeal. These defendants did not contest the suit. In the plaint, Janki Prasad, defendant 1, was described as "for self and as the 'mutwalli', manager and 'karkun" of Thakurdwara Sri Behariji Mahraj, installed in the temple situate in Mohalla Sarai Mir Khan, City Allahabad." As this description did not say whether the deity, Sri Behariji Mahraj - hereinafter referred to as the deity or the idol-was or was not a party to the suit, and whether the plaintiff wanted a decree agai...
Al. Vr. St. Virappa Chettiar Vs. Periakaruppan Chettiar
Court: Privy Council
Decided on: Oct-17-1944
Sir Madhavan Nair: This is a consolidated appeal from a decree of the High Court of Judicature at Madras dated 21st October 1940, which modified a decree of the Subordinate Judge of Coimbatore dated 26th March 1937. The appeal arises out of a suit brought by the appellant representing the joint Hindu family firm AL. VR. ST., which carried on business as money lenders, against its agent the respondent, for accounts. The dispute between the parties now relates to the liability of the respondent with reference to certain items of account decided against the appellant by the High Court. It may be mentioned that the respondent though an agent of the appellant's firm was authorised to carry on business for his personal benefit and to draw from the firm for that purpose, and the accounts disclose that he was carrying on business on behalf of some of his relations and "possibly of some relations of the plaintiffs also." The business of the family carried on at Bhavani in the Coimbatore Distric...
Trinidad Lake Asphalt Operating Co., Ltd. Vs. Commissioners of Income- ...
Court: Privy Council
Decided on: Oct-17-1944
Lord Wright: This is an appeal from an order made on 1st April 1842, by the Full Court of the Supreme Court of Trinidad and Tobago, upon a case stated for the opinion of the Full Court by Perez J. whereby he dismissed an appeal by the appellant against an assessment to income-tax made by the Commissioners of Income-tax for the Colony on the appellant under S. 30, Income-tax Ordinance of 1940, Ch. 33, No. 1, then in force in the Colony. It is also an appeal against the order of Perez J. whereby in accordance with the judgment of the Full Court he formally dismissed the appeal of the appellant against the assessment. The assessment was on the sum of $1,394,227.00, and was for the year 1940, the tax chargeable being $336,424.75. If the appellant fails in its objections in law to the assessment it does not now dispute that the amount is correct. The assessment was made in respect of a dividend amounting to $1,207,817.05 declared by the appellant in favour of the Barber Asphalt Corporation ...
Emperor Vs. Khwaja Nazir Ahmad
Court: Privy Council
Decided on: Oct-17-1944
Lord Porter: This appeal is brought from a judgment and order of the High Court of Judicature at Lahore dated 24th October 1941 (Criminal Revision Side). The question raised is stated, and their Lordships think correctly stated, in the case presented by the respondent to be whether the High Court had power, under S. 561A, Criminal PC, to quash all proceedings taken in pursuance of two first information reports. The complainant in each case was one S. M. Saleh: the earlier report was made on 31st August 1941, and the later on 5th September of the same year. The offence in the first is stated to be in breach of S. 420, Penal Code. The facts are set out in a loose and slovenly manner and condescend on little exact detail. The result is that it is at least doubtful whether the offence should not have been described as committed in breach of S. 417 instead of section 420 : the vital difference between the two being that whereas an offence against the latter section is a cognisable one, that...
Bishun Singh Alias Babu Singh and Another Sri Thakurji Mangla NaIn Bha ...
Court: Privy Council
Decided on: Oct-17-1944
Sir Madhavan Nair: These are consolidated appeals from a judgment and three decrees of the High Court of Judicature at Allahabad dated 80th October 1935 which set aside a decree of the Subordinate Judge of Cawnpore dated 2nd January 1932 and dismissed the 'plaintiffs' suit as against all the present respondents. The appellants are the plaintiffs. Appellant 1 claimed the properties in suit as the nearest reversioner of one Pohkar Singh deceased; and appellant 2, is a transferee of half of the properties from appellant 1. Stated generally, the respondents all derived their title directly or indirectly from the transfers of the property made by Mt. Gambhiri, the wife of Pohkar Singh, who survived him and died in 1919. The following pedigree set out in the plaint explains the relationship of the principal parties : CHART The last male holder of the properties in question was Pohkar Singh, who died in 1900. He was separate from his brother Koklat Singh. He had three daughters, one of whom, ...
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