Privy Council Court March 1945 Judgments

Tammanna Shivappa Kori and Others Vs. Parappa Girimallappa Kori, Minor ...

Court: Privy Council

Sir John Beaumont: This is an appeal from a judgment and decree dated 24th June 1940, of the High Court of Judicature at Bombay which reversed a judgment and decree of the First Class Subordinate Judge of Belgaum dated 15th August 1938. The parties are Lingayats, and the plaintiff sued for partition of the immovable joint family property, relying upon his adoption by his great grandmother, Satawa. The learned Subordinate Judge disbelieved the evidence as to the alleged adoption ceremony and held that the adoption was what he called "a paper adoption," by which he presumably meant an adoption evidenced by an adoption deed, but in which the necessary ceremony had not taken place. The High Court (N. J. Wadia and Sen JJ.) in appeal reversed this decision. In the defendant's written statement it was contended that if the adoption was proved it was, on various grounds, invalid, and certain issues upon these points were raised, including issue 2, which was whether defendant proved that there ...

Kunwar Rajendra Bahadur Singh Vs. Mr. Justice Kunwar Dalip Singh

Court: Privy Council

Sir John Beaumont: This is an appeal from and judgment and decree dated 13th April 1942, of the Chief Court of Oudh at Lucknow, which modified a judgment and decree dated 25th May 1938, as amended by a judgment and decree dated 9th May 1940, or the Special Judge, First Grade, Barabanki, under the United Provinces Encumbered Estates Act, 1934 (hereinafter referred to as "the 1934 Act"). The questions raised in the appeal relate to the construction and effect of the 1934 Act as amended by the United Provinces Encumbered Estates Amendment Act, 1939 (hereinafter called "the 1939 Act"). The facts giving rise to the appeal are not in dispute. On 23rd January 1912, Raja Raghuraj Bahadur Singh borrowed Rs. 5,00,000 from Raja Sir Harnam Singh, carrying interest compoundable half-yearly on the terms of a mortgage deed. On 20th October 1915, Raja Raghuraj Bahadur Singh executed a fresh mortgage (hereinafter referred to as "the mortgage of 1915") in favour of Raja Sir Harnam Singh, in substitution...

Veeradhi Birabair Sri Pratapa Ramchandra Ananga Bhima Deo Kesri Gajapa ...

Court: Privy Council

Reported in: AIR1945PC102

Sir John Beaumont: This is an appeal from an appellate judgment and decree of the High Court of Judicature at Patna, dated 21st December 1940, which modified, in favour of the appellant, a judgment and decree of the District Judge of Gamjam-Puri'. dated 17th March 1937. The appellant is the natural son and heir of his father, who was a Khetriya by caste and the owner of an impartible estate in Orissa known as the Bodokhemidi Estate. The respondent is the illegitimate son of the appellant's father by a regularly kept concubine, and the question raised in the suit is as to the respondent's right to maintenance out of his father's estate. The respondent's mother died a few days after his birth, and the respondent was brought up under the care of a foster-mother. By an order of the late zamindar dated 6th May 1917, the respondent was given the income of 40 acres of land for his maintenance. It appears that he was given also a monthly allowance of Rs. 43-8-0 for pocket money, personal serva...

Srimati Renula Bose Vs. Rai Manmatha Nath Bose and Others

Court: Privy Council

Lord Goddard: The action out of which this appeal arises was brought by the plaintiffs, who are respondents 1-4, to obtain relief under the provisions of the Bengal Money-Lenders Act, 1940, in respect of a mortgage dated 25th May 1914, whereby all persons interested in certain properties mortgaged them to the Maharaja of Darbhanga to secure the sum of Rs. 6 lacs with interest at 6 per cent. per annum. The facts were not in dispute and it is unnecessary to set out the title of the various parties. It is enough to say that from time to time various amounts were paid to the mortgagee in respect of the sums due under the mortgage and that on 12th June 1935, in an action which be instituted against the mortgagors, a decree by consent was made in the action for some Rs. 4,58,058, the balance due to him under the mortgage, which together with the amount already paid would exceed double the amount originally advanced. On 17th September 1936, the Maharaja assigned the benefit of the decree and ...

Judah Vs. Isolyne Shrojbashini Bose and Another

Court: Privy Council

Reported in: AIR1945PC174

Lord Goddard: The proceedings out of which this consolidated appeal arises concern the testamentary dispositions of Mrs. Manmohini Mitter, a widow formerly living at Lucknow. She died on 7th April 1934, leaving three daughters her surviving, the appellant who was the youngest, respondent 1 who was the second daughter and respondent 2 the eldest. When their mother died each daughter produced a will which she claimed was the last true will of the deceased. Each daughter petitioned the Court of the Civil Judge at Luoknow for letters of administration with the respective wills produced by them annexed, and the three petitions were consolidated and tried as one suit. The will propounded by the appellant is dated 12th April 1930; that propounded by respondent 1 is dated 8th September 1930 and the third will is dated 4th November 1933. During the hearing of the case the two respondents came to terms; they each admitted the validity of the will propounded by the other. They agreed that letters...

Lakshman Prasad Vs. John and Others

Court: Privy Council

Reported in: AIR1945PC121

Lord Simonds: These consolidated appeals from a decree of the High Court of Judicature at Allahabad dated 3rd August 1938, which varied a decree of the Subordinate Judge at Agra dated 27th April 1981, raise the question whether the appellant Lakshman Prasad (who will be called "the appellant") is entitled as against the respondents, the holders of debentures issued by an Indian limited company known as Agra United Mills, Ltd., and herein called "the company", to any and what priority over such debentures in respect of moneys which had been borrowed from him by the receiver appointed in a suit brought by such respondents to enforce their security. The Subordinate Judge held the appellant entitled to priority in respect of all the property subject to the charge, whether fixed or floating, created in favour of the debentures: the High Court limited the priority to the property subject to the floating charge. The appellant seeks to restore the order of the Subordinate Judge, the respondent...