Privy Council Court July 1944 Judgments

Mt. Kesarbai and Another Vs. Indarsingh Alias Ishwarkumar

Court: Privy Council

Lord Goddard: The only question raised in this appeal is whether it has been proved that there is a custom in the Raghubansi caste, to which both parties belong, that a widow can adopt a son to her deceased husband without his authority. The burden of proof was admittedly on the respondent, who was the defendant in the suit. The District Judge at Chhindwara held that the custom was not proved; his judgment was reversed by the High Court at Nagpur, who dismissed the plaintiffs' claim, and ordered the plaintiffs to place the defendant in possession of the property to which as an adopted son he was entitled. The facts are that one Atalsingh, a member of the above mentioned caste who lived in the Chhindwara district of the Central Provinces died in 1918 leaving a widow but no issue. The widow remained in possession of his property till her death in June 1937. In August 1935 the widow adopted the defendant and an adoption deed was duly registered before the Sub-Registrar on 24th August of t...

Shri 108 Puja Pad Udit Panch Parmeshwar Panchaiti Akhara Udasi Nirwani ...

Court: Privy Council

Lord Porter: The appellant in this case is a registered society which carries on the business of money lending. It appeals from a decree of the High Court at Allahabad, dated 8th February 1939, which varied the decree of the Subordinate Judge. The respondents are members of a joint undivided Hindu family governed by the Mitakshara school. The decree of which complaint is made was pronounced in an action brought by the appellant upon a simple mortgage dated 22nd September 1920. The family tree of the Hindu family and the members sued appear from the table following : Minors at date of suit (8-2-33). By the mortgage of 22nd September 1920, Sheo Mangal Singh who was then karta of the family, Surajpal Singh, his nephew and Lakhpati Kunwar his sister-in-law mortgaged certain family property in favour of the appellant. This mortgage was given in-consideration of a sum of Rs. 35,542-1-0 made up as follows : The principal sum and interest was payable after six years and interest was to run at ...

Shambhu Nath Shivpuri Vs. Pushkar Nath and Others

Court: Privy Council

Lord Porter: This is an appeal from a decree of the High Court at Lahore, dated 15th May 1942, which modified in favour of respondent 1 a decree of the Subordinate Judge of Delhi. The suit was initiated for the partition of the estate of Pandit Basheshwar Nath Shivpuri who had recently died. The appellant is one of his nephews. There were four defendants, and the relationship of the parties one to the other is shown by the table following: Defendant 4, Pran Kishori, was a niece (the daughter of the deceased man's wife's sister). Among the assets left by the deceased were the following: (1) Fixed deposit receipt of the Central Bank of India, Ltd., for Rs. 48,500, in the joint names of the deceased and defendant 1. (2) Ditto for Rs. 7000 in the joint names of the deceased and defendant 2. (3) Five postal cash certificates of Rs. 1000 each, in the joint names of the deceased and defendant 2. (4) Four ditto, in the joint names of the deceased and one Hirdey Nath, elder brother of defendan...

Narayan Jivangouda Patil and Another Vs. Puttabai and Others

Court: Privy Council

Sir Madhavan Nair: These are consolidated appeals from a judgment and two decrees of the High Court of Judicature at Bombay dated 14th January 1938, affirming a decree of the First Class Subordinate Judge of Dharwar dated 31st October 1936, and an order of that Judge dated 21st November 1936, The questions which arise in the appeals are; (1) Whether the plaintiffs' suit is barred by limitation. (2) Whether Narayan (plaintiff 1, hereinafter referred to as the appellant) was entitled to restitution or other relief consequent upon a decision of the Privy Council in 60 IA 25,1hereinafter mentioned. The parties to the suit are Hindus governed by the Bombay School of the Mitakshara law. The table given below shows their relationship. One Dyamangouda I and his three sons Nilkantgouda, Khadappagouda and Jivangouda formed a joint and undivided Hindu family. Dyamangouda died sometime before 1895 leaving him surviving, his three sons who took the family properties including the properties now in ...

Raja Jwaleshwari Pratap NaraIn Singh Vs. Babu Parchand Bir Singh

Court: Privy Council

Reported in: AIR1945PC13

Lord Porter: This appeal seeks to reverse a decree of the High Court of Judicature at Allahabad dated 24th January 1940, which in part affirmed and in part modified a decree of the Court of the Subordinate Judge of Basti dated 1st June 1936. The parties are sons of the Late Raja Pateahwari Pratap Singh who was proprietor of Raj Basti and died on 19th March 1928. The Rajah made his will on 16th July 1927, and after summarising the state of his family, states that by way of a precautionary measure he considers it desirable to make proper arrangement for the maintenance allowance to his two younger sons, the respondent and Babu Bijai Bir Singh, as follows : "After my death Lal Jwaleshwari Pratap Narain Singh my eldest son shall be the Raja for the time and the absolute owner of the entire moveable and immovable property appertaining to Basti Raj. He shall continue to support as heretofore and meet all reasonable needs of his two brothers Babu Parchand Bir Singh and Babu Bijai Bir Singh so...

Tungabai Bhratar Purushottam Shamji Kumbhojkav Vs. Yeshvant Dinkar Jog ...

Court: Privy Council

Lord Goddard: The question that arises in this appeal is whether a mortgage deed executed by the appellant on 17th May 1936 whereby she mortgaged to Dinker Krishna Jog, deceased (hereafter called the plaintiff), now represented by respondent 1, all her landed, property which had been left to her by way of "Stridhan" to secure a loan of Rs. 7000 is binding upon her. The Subordinate Judge at Belgaum held that it was not, and his decision on this point was reversed by the High Court of Bombay. The plaintiff was a money-lender doing an extensive business and had made loans to 'the appellant's husband. The latter at the time of this mortgage was heavily in debt; he had mortgaged all his own property and, being pressed for money had nothing to offer by way of security for a further loan other than his already encumbered estate. He approached the plaintiff for a further loan of Rs. 7000, but the latter was unwilling to lend it either on the security of the husband's encumbered lands or on a p...

Eric Reginald Charles Alexander Strologo Vs. the King

Court: Privy Council

Reported in: AIR1945PC46

Lord Goddard: On 31st July 1943, the appellant was indicted before His Majesty's Criminal Court for the Island of Malta and its Dependences with having without a lawful order from the competent authorities arrested, detained or confined a person against the will of the same and of having provided a place for carrying out such arrest, detention or confinement, with the aggravating circumstances that the individual arrested detained or confined received bodily harm and with the further aggravating circumstances that the detention or confinement was continued by him with the knowledge that an order had been issued by the competent authority for the release or production of the person detained, contrary to Arts. 85 and 86 (3) and (4) of the Criminal Laws. The Court convicted the appellant of the substantive offence and also found both of the alleged aggravating circumstances proved. They sentenced him to 13 months imprisonment with hard labour which was the minimum sentence prescribed by l...

K.S. Agha Mir Ahmad Shah and Another Vs. Mir Mudassir Shah and Others

Court: Privy Council

Reported in: AIR1944PC100

Sir Madhavan Nair: This is an appeal from the decree of the Court of Judicial Commissioner, North West Frontier, dated 13th June 1941, which affirmed the decree of the Senior Subordinate Judge, Peshawar, dated 23rd December 1938, by which a suit brought by the appellants against the respondents was dismissed. The appellants are the parents of Lady Shamas Shah, who was the wife of a retired officer of the political service of the Government of India. The respondents are his nephews. Lady Shamas Shah and her husband lost their lives in the earthquake at Quetta, which occurred early in the morning of 3lst May 1935. Sir Shamas Shah was 68 at the time of his death, and his wife 26. They had no children. At the time of the earthquake, Sir Shamas Shah, his wife, her younger sister, and one Mt. Faruq, a maid servant, were staying in his bungalow which collapsed in the earthquake. They were buried under the debris. Opposite their bungalow was the bungalow in which the appellants lived with thei...