Privy Council Court December 1947 Judgments

The Producers Co - Operative Distributing Society, Ltd. Vs. Commission ...

Court: Privy Council

Reported in: AIR1948PC74

LORD UTHWATT: This is an appeal by special leave by The Producers Co operative Distributing Society, Ltd., from a judgment of the High Court of - Australia dated 11 - 12 - 1944, affirming a judgment of the Full Court of the Supreme Court of New South Wales dated 4 - 10 - 1944. That judgment upheld a decision dated 10 - 5 - 1944, of the Board of Appeal constituted by the New South Wales Income tax Management Act, 1941, which disallowed the appellant's claim to exemption from income - tax under S. 19 (o), Income - tax Management Act, 1941, of New South Wales. The point raised has a considerable practical importance. It is also one of some difficulty as appears from the fact that Jordan C. J., in the Full Court and Rich and Starke JJ. in the High Court expressed dissenting opinions. 2. The appellant is a rural society registered as such under the Co - operation Act, 1923 - 1941, of the State of New South Wales. Its members are some 9500 in number. Most of the members are individual farmer...

Adan Haji Jama and Others Vs. the King

Court: Privy Council

SIR JOHN BEAUMONT: This is an appeal by special leave from the judgment of the protectorate Court of the Somaliland Protectorate sitting as a Court of Appeal dated 30th May 1946 dismissing the appellants' appeal from the judgment of the Protectorate Court of the Somaliland Protectorate sitting as a Court of original jurisdiction dated 19th December 1945, and confirming the death sentences for murder passed on the appellants by the latter Court. 2. At the conclusion of the arguments their Lordships announced that they would humbly advise His Majesty that the appeal be allowed, and they now give their reasons. 3. The question which arises for decision on this appeal is whether the trial of the accused was vitiated by the failure of a prosecutor to appear at the trial, and by the course which the trial took in his absence. 4. Criminal procedure in the Somaliland Protectorate is regulated by the Administration of Criminal Justice Ordinance, 1926, of the Somaliland Protectorate (hereinafter...

Emmanuel Joseph Vs. the King

Court: Privy Council

Reported in: AIR1948PC184

SIR JOHN BEAUMONT: This is an appeal against the purported conviction of the appellant by the Supreme Court of Fiji (Criminal Jurisdiction) on 10 - 9 - 1945, for the manslaughter on 4 - 2 - 1945, of a child named Ravindra, and against the sentence of five years' penal servitude thereupon passed upon the appellant. [2] At the conclusion of the arguments their Lordships announced that they would humbly advise His Majesty that the appeal should be allowed and the conviction and sentence quashed and they now state their reasons. [3] The question of law which arises in this appeal is similar to that which arose in Appeal No. 94 of 1946 Reported in ('48) 35 AIR 1948 PC 81 : 49 Cr LJ 258, Patesari Maharaj v. The King.which was heard by their Lordships' Board immediately before this appeal, though the facts in this appeal are different. [4] The appellant, with two other men, was charged with the offence of murder under S. 220, Penal Code of Fiji, and the trial took place before the learned Ch...

Battan Singh and Others Vs. Amirchand and Others

Court: Privy Council

Lord Normand: This is an appeal from a judgment and decree of the Supreme Court of Fiji in its Probate Jurisdiction which decreed probate of a will dated 3rd April 1944, of an Indian named Jaimal, who, died on the day after the execution of the will. The issue to be decided is whether that will which was in favour of the respondents Amirchand and Mehar as the sole beneficiaries is valid or whether a will dated 25th February 1944 in favour of the testator's nephews ought to be admitted to probate. [2] The testator was a Sikh who had come to Fiji about 38 years before his death. He had made a considerable fortune as a money - lender and his estate amounts to more than 20,000. He was illiterate and ill - educated but be could write his name in English. Amirchand and Mehar were in no way related to him but they were both indebted to him at his death, Amirchand for about 400 and Mehar for 6 500. The testator had no wife or child, but he had had a brother who lived in India and who died abou...

Patesari Maharaj Vs. the King

Court: Privy Council

Reported in: AIR1948PC81

SIR JOHN BEAUMONT: This is an appeal, by special leave, against the judgment and sentence of the Supreme Court of Fiji D/ - 18 - 3 - 1946 whereby the appellant was found guilty of possession of a revolver without a licence contrary to S. 4 of the Arms Ordinance, 1937, and sentenced to nine months' imprisonment with hard labour. The accused was acquitted on a charge of being in possession of explosives contrary to the Defence (Explosives) Order, 1944. 2. At the conclusion of the arguments, their Lordships announced that they would humbly advise His Majesty that the appeal should be allowed, and the conviction and sentence quashed, and they now state their reasons. 3. The charge under the Arms Ordinance, 1937, related to the finding of a revolver in the bure annexed to the appellant's house by the police. The appellant, in his statement, admitted the finding of the revolver in the bure, but said that he did not know who placed it there, and that he knew nothing about the revolver; he sug...

Hafiz Mohammed Fateh Nasib Vs. Sir Swarup Chand Hukum Chand, a Firm an ...

Court: Privy Council

SIR JOHN BEAUMONT: This is an appeal from a judgment and decree of the High Court of Judicature at Fort William in Bengal, dated 28th May 1941 confirming a decree of the First Class Subordinate Judge, 24 Parganas Alipore, dated 31st May 1934. 2. Respondent No. 1 (hereafter referred to as 'the plaintiff') instituted this suit on 18th July 1931, claiming a declaration of title to the property in suit Nos. 2 2/1, 2/2, and 3, Rowland Road, Calcutta and possession of the premises other than No. 2/2 Rowland Road, of which the plaintiff was already in possession. The present appellant was the first defendant, and he claimed that the property in suit was wakf property, and that he was the Mutwalli of the wakf estates having been appointed to that position by the will of Abdul Alim Abed (who will be referred to hereafter as "Abed") the alleged former Mutwalli. The second respondent was the second defendant, and claimed to be in possession under a lease granted by the first defendant of the prem...

Hasanali and Others Vs. Mansoorali and Others

Court: Privy Council

LORD PORTER: This is an appeal by special leave from the judgment and decree of the Court of the Judicial Commissioner, Central Provinces and Berar, Nagpur, dated 25th October, 1934, which reversed the judgment and decree of the Court of the Additional Subordinate Judge, Burhanpur, dated 2nd January 1931. 2. The question for determination is one which concerns the right to the use of certain Waqf property belonging to members of a Moslem community in India, known as Daudi Bohras, situated in the village of Shadra, near the town of Burhanpur in the Central Provinces, and in particular, the question as to the right of the present respondent's Nos. 1, 2 and 3 to interfere with the access to and use of such property. A further question as to whether the appellants are entitled to sue in a representative capacity must also be considered. 3. The property consists of an enclosed area of land in which are situated the mausolea of three saints, two mosques, two jamatkhanas (dining hall), a dewa...