Privy Council Court January 1948 Judgments

Sri Raja Inuganti Venkata Rajagopala Rama Suryaprakasa Rao Garu and An ...

Court: Privy Council

LORD NORMAND: These are consolidated appeals from a judgment of the High Court of Judicature at Madras modifying a preliminary and a final decree of the Subordinate Court of Cocanada. The question for determination is whether or to what extent the Indian Limitation Act affects the plaintiffs' claim against the Maharaja of Pithapuram for payments of sums amounting to Rs. 7,38,000 received by him as rents from the zamindari estate known as Gollaprolu during the period from 12th January 1924, to 7th September 1935. [2] The facts so far as material to the issue are as follows. In 1923 there was pending a litigation between the Maharaja and the plaintiffs in the present suit in which the Maharaja claimed that he was the nearest reversioner entitled to succeed to the estate of Gollaprolu. The Maharaja held a decree pronounced in his favour by the District Judge of Rajahmundry but the present plaintiffs had appealed against it to the Madras High Court. While that appeal was pending, the Mahar...

Jogindra Nath Dutta and Others Vs. the Administrator - General of Beng ...

Court: Privy Council

Reported in: AIR1948PC92

Lord Normand: This is an appeal by special leave of His Majesty in Council from a judgment and decree of the High Court of Judicature at Fort William in Bengal in its appellate jurisdiction, affirming with certain modifications a judgment of that Court in its ordinary original civil jurisdiction. 2. The questions argued by the appellant arise out of the will of the deceased Manick Lall Dutt, a Hindu of the Subarnabanick Community, governed by the Dayabhaga School of Hindu Law, who died on 3rd January 1928. The testator, on the narrative that he had no son or daughter and that he was a widower, and intended to make a gift of his whole estate for charitable and religious purposes for the special benefit of himself and his ancestors, revoked all previous wills, appointed the Administrator - General of Bengal and his successor or successors in office for the time being to be the sole executor and trustee of his will and bequeathed to him his whole movable and immovable estate upon trusts c...

Hardat Ram and Others Vs. Paras Nath and Others

Court: Privy Council

SIR MADHAVAN NAIR: This is an appeal by special leave from an order of the Board of Revenue, United Provinces of Agra and Oudh, dated 19 - 1 - 1943, which affirmed an order dated 30 - 9 - 1942, passed by an Assistant Collector, Gorakhpur District, under the United Provinces Encumbered Estates Act, 1934, in the course of execution proceedings for the liquidation of debts under the Act. 2. The question which the Board has to decide in this appeal may be stated as follows:- 3. When members of a joint Hindu family who are agriculturists against whom decrees have been passed, apply under S. 4, United Provinces Encumbered Estates Act, 1934 (hereinafter called the Act of 1934), for relief under the Act, is the family to be treated as a single unit, i.e. as one "agriculturist" only, for the purposes of Ss. 17 (1) (a) and 19, United Provinces Debt Redemption Act (hereinafter called the Act of 1940), or is each member to be treated individually as an "agriculturist" with respect to his share of ...

Gokulchand Dwarkadas Morarka Vs. the King

Court: Privy Council

Reported in: AIR1948PC82

SIR JOHN BEAUMONT: This is an appeal by special leave from the judgment and order of the High Court of Judicature at Bombay dated 5th September 1946 setting aside the acquittal of the appellant of an offence under Cl. 18 (2), Cotton Cloth and Yarn (Control) Order, 1943, by the judgment and order of the City Magistrate of Sholapur and sentencing the appellant to undergo rigorous imprisonment for one month and to pay a fine of Rs. 1550. 2. The facts giving rise to the prosecution of the appellant were stated in a written report made by Mr. Mulik, Sub - Inspector of Police Food Control Sholapur to the Sub - Inspector of Police, Sholapur, on 24th January 1945. The report which is Ex. 1 "l" was in the following terms : "I, Raghunath Santaji Mulik, Sub - Inspector of Police, Food Control, Sholapur give in writing as follows : Having got information that there were cloth without "Textile" mark and grain hoarded in the bungalow situated at Motibag belonging to the Old Mill at Sholapur. Mr. Yas...

Vishwanath Vishnu Dabholkar Vs. the King

Court: Privy Council

Reported in: AIR1948PC183

LORD OAKSEY: This is an appeal by special leave from the judgment of the Court of Appeal for Eastern Africa confirming the appellant's conviction of negligence under S. 222 (e) Tanganyika Penal Code while quashing his conviction of being an accessory after the fact to an attempt to procure an abortion and affirming the sentence of three months' hard labour passed upon him by the High Court of Tanganyika at Arusha on 15 - 2 - 1944. [2] The appellant is a Licentiate of the College of Physicians and Surgeons of Bombay, India, and has been registered with the Bombay Medical Council, India, since 1926. He was employed as a Sub - Assistant Surgeon by the Medical Department of the Tanganyika Government from 1929 till 15 - 2 - 1944, when his service was terminated by the Government owing to the conviction out of which this appeal has arisen. [3] The count upon which the appellant has been found guilty was as follows. Statement of Offence:-Giving Surgical treatment negligently and in a mariner ...