Privy Council Court December 1944 Judgments

Twentsche Overseas Trading Co. Ltd. Vs. Uganda Sugar Factory Ltd.

Court: Privy Council

Lord Wright: This is an appeal from a judgment of the Court of Appeal for Eastern Africa at Mombasa, reversing a decision in favour of the appellants of the High Court of Uganda, sitting at Kampala, Uganda. The Court of Appeal held that the respondents were entitled to recover damages in an action brought by them as plaintiffs against the appellants as defendants for breach of a contract to deliver steel rails. But the Court decided an issue as to the contract price in favour of the appellants. On that part of the decision the respondents have brought a cross-appeal. The appellants are a company incorporated in Holland, having a branch at Kampala, Uganda. The respondents own and operate a sugar factory in Uganda, on and for the purposes of which they operate about 72 miles of railway. The contract was in writing and was contained in the following document : Kampala, 12th August 1939, N. V. Twentsche Overzee Handel Mij. Twentsche Overseas Trading Co. Ltd. To: Messrs. Uganda Sugar Facto...

Goonesinha Vs. O. L. De Kreiser

Court: Privy Council

Lord Goddard: On 26th April 1941, a by-election was held for the return of a member of the Ceylon State Council for the Electorate of Colombo North. The successful candidate was a Mr. de Silva, and the present appellant, who takes an active part in political and municipal affairs in Colombo, was one of his prominent supporters. Subsequently, a petition was presented to the Supreme Court of Ceylon, under the Ceylon (States Council Elections) Order in Council, 1931, asking that the election might be declared void and alleging general intimidation, treating and undue influence. In two instances undue influence on electors to cause them to vote for Mr. de Silva was alleged to have been exercised by the appellant, and in his judgment which was delivered on 22nd December 1941, the Election Judge, who is the present respondent, found both these charges proved. The learned Judge thereupon ordered that notice should at once be given to the appellant in terms of Art. 79 (2) of the Order in Counc...

Devji Goa and Others Vs. Tricumji Jiwandas and Others

Court: Privy Council

Sir Madhavan Nair: This is an appeal from a decree of the High Court of Judicature at Patna dated 24th August 1939, which affirmed with a slight modification a decree of the Subordinate Judge of Dhanbad dated 29th March 1934, as amended by order dated 31st May 1934. The appellants before the Board are defendants 1 to 3, who are the sons of one Goa Petha deceased. They are the principal defendants in the suit. The others (defendants 4, 5 and 6) are pro forma defendants one of whom, defendant 4, the Official Assignee of Bombay, representing the estate of Gopaldas Tricumji, and Morarji Jairam, insolvents, was afterwards added as a co-plaintiff (plaintiff 4) by an order of the Court. The insolvents are two of the members of plaintiff 1-a firm. The appeal arises out of a suit for dissolution of a partnership between plaintiff 1 and Goa Petha, with respect to some coal lands and colliery business in Jharia Coalfields, and for rendition of accounts. The business of the partnership was carried...

Marudanayagam Pillai Vs. Manickavasakam Chettiar

Court: Privy Council

Sir John Beaumont: This is an appeal from the judgment and order of the High Court of Judicature at Madras dated 24th September 1941 which, on appeal, modified the judgment and order of the Subordinate Judge of Mayavaram dated 15th February 1939. The question in the appeal is whether a safe of immovable property, including land in the village of Tiruvali, made in execution of a mortgage decree obtained by the respondent against the appellant's predecessor is bad as regards the said land and should be so far set aside under O. 21, R. 90, Civil PC, on the ground of material irregularity and fraud in publishing and conducting the sale. The said mortgage was executed on 26th January 1925 by one Srirangathammal in respect of land in three villages, including that of Tiruvali, to secure the repayment within one year of Rs. 36,000, with interest at the rate of 15 per cent. per annum. The mortgagor was the widow of the last male proprietor of the estate, holding therein the limited interest of...

Secretary of State Vs. Ambdlal Khora and Others

Court: Privy Council

Reported in: AIR1945PC56

Lord Simonds: This appeal which is from a judgment dated 8th May 1941, of the High Court of Judicature at Patna, arises out of a dispute between the appellant, the Secretary of State for India as representing the Government of Bihar and Orissa and also the East Indian Railway Administration, and the respondents, the owners of a colliery known as the Khas Jheria Colliery, in regard to the compensation payable by the former to the latter for coal, the working of which was prevented or restricted under the Land Acquisition (Mines) Act (No. 18 of 1886), which will be referred to as "the Act of 1885. In the long drawn out litigation between the parties a number of questions have been raised which are no longer at issue. The single question now remaining for decision depends on the construction of an agreement made on 11th June 1913, between the East Indian Railway Company and the predecessor in title of the respondents, by which the rights of the parties in respect of the working of coal or...

Rambhusan Das Vs. Anand Das

Court: Privy Council

Reported in: AIR1946PC140

Sir Madhavan Nair: This is an appeal from a decree of the High Court of Judicature at Patna, dated 4th October 1940, which reversed a decree of the Subordinate Judge of Darbhanga, dated 20th May 1936, and dismissed the plaintiff's suit. During the pendency of the appeal in the Privy Council, Anand Das the defendant-respondent died and after contest between two rival claimants, Madan Mohan Das and Jadu Nandan Das, the High Court of Patna decided on 26th February 1943, that for the purposes of this appeal, and without prejudice to the right of Jadu Nandan Das to establish his claim by regular suit to be instituted hereafter, the name of Madan Mohan should be substituted in the place of the deceased respondent. Accordingly, Mohan Das, a minor, with his natural father Juggernath Boy as his guardian ad litem, has been substituted as respondent in this appeal. In this judgment the deceased respondent will be referred to as the respondent. . . [2] The suit out of which this appeal arises was...

Kishori Lal Vs. Emperor

Court: Privy Council

Reported in: AIR1945PC64

Lord Goddard: On 7th October 1980, the appellant was convicted before the Special Tribunal set up under Ordinance 8 of 1930 of certain offences, including those of waging war against the King, contrary to S.121, Penal Code, and of murder, contrary to S. 302. For these offences he was sentenced to transportation for life which is the only sentence, other than death, which can be awarded for these two crimes. After conviction he was imprisoned in the Central Jail at Multan and in January 1936, was transferred to the Central Jail at Lahore. On 29th August 1982, the Home Secretary to the Government of the Punjab wrote to the Inspector-General of Prisons saying that the Governor in Council agreed that the appellant, on the score of his crime, was unsuitable for transportation to the Andamans adding that "he cannot be deported as a terrorist as the Government of India has not so far addressed any communication authorising the Punjab Government to deport terrorists there." The Andamans is the...

Rarnchandra Jivaji Kanago and Another Vs. Laxman Shrinivas Naik and An ...

Court: Privy Council

Sir Madhavan Nair: This is an appeal from a decree dated 17th March 1937 of the High Court of Judicature at Bombay, which reversed a decree dated 23rd April 1932 of the Court of the First Class Subordinate Judge of Belgaum and dismissed the plaintiff's suit. The question for determination in the appeal is whether the plaintiffs' (appellants') suit for recovery of possession of the suit properties is barred by Art. 91, Limitation Act, 1908 (Act 9 of 1908). This article prescribes a period of "three years" for a suit "to cancel or set aside an instrument not otherwise provided for" and time begins to run "when the facts entitling the plaintiff to have the instrument cancelled or set aside become known to him." The table given below shows the relationship of the parties to the suit who are members of a Hindu family descended from one Balaji Kanago: Balaji had two sons, Annaji 1, Ramchandra 1. As found by the High Court they separated in 1865. The elder, Annaji, died leaving a son Tammaji....