Privy Council Court June 1946 Judgments

Ramdhandas Jhajtiaria Vs. Ramkisondas Damla and Other

Court: Privy Council

Reported in: AIR1946PC178

Lord Simonds: In this appeal, which is brought from a judgment and decree of the High Court of Judicature at Bombay in its Appellate Jurisdiction dated the 8-10-l942, reversing two judgments and a decree of that Court in its Ordinary Civil Jurisdiction, their Lordships are confronted with an unfortunate difference of opinion upon what appears to be a pure question of fact. The Appeal Court (Beaumont C. J. and Chagla J.) reluctantly and with a full appreciation of the weight to be attached to the decision of the Trial Judge (Kania J.). who had seen and heard the witnesses, felt constrained to take a different view of the facts from that which he had taken, and their Lordships are clearly of opinion that they were right in doing so. [2] The substantial question can be shortly stated. The joint Hindu family, of which the appellant is the Karta, earned on certain fatuity businesses, including an agency firm in the name of Jhajharia Dhandhama and Company, which had until February 1939, acte...

Ramanugrah Singh Vs. Emperor

Court: Privy Council

Sir John Beaumont: This is an appeal by special leave from an order of the High Court of Judicature at Patna made on 21st February 1945, convicting the appellant upon a charge of murder under S. 302, Penal Code, and sentencing him to transportation for life. By the same order, the High Court convicted the appellant upon two charges under S. 324, Penal Code, of voluntarily causing hurt by shooting, and sentenced him upon each of these charges to three years' rigorous imprisonment. This appeal relates only to the conviction under S. 302. The judgment of the High Court was given upon a reference made by the Sessions Judge of Patna under S. 307, Criminal P. C., and the matter to be determined in this appeal relates to the duties and powers of a High Court in India upon such a reference. The question has frequently been considered by High Courts in India, but has not been the subject-so far as their Lordships are aware - of a ruling by this Board. [2] When the matter first came before the C...

Natha Singh and Another Vs. Emperor

Court: Privy Council

Reported in: AIR1946PC187

Sir John Beaumont: This is an appeal from two judgments and orders of the High Court of judicature at Lahore dated 7-6-1945, which dismissed the appeals of the appellants, and confirmed the sentences of death passed on them, by the judgment and order, dated 9-2-1945, of the Sessions Judge, Amritsar, Their Lordships have already announced that they will humbly advise His Majesty that the appeal be dismissed and they now give their reasons. [2] The ground upon which special leave to appeal was granted was the allegation that evidence that the appellants had committed a murder other than that with which they were charged was wrongly admitted, and this has been the principal point argued on their behalf. [3] The appellants were tried and convicted on a charge of having murdered one Karnail Singh on 19-9-1944. There were four alleged eye-witnesses of the murder, namely, the approver Qadir, who said that he had been with the appellants, Surain Singh, an uncle, Mt. Gurmej Kaur the wife, and J...