Privy Council Court March 1949 Judgments

Sri Raja Velugoti, Sarvagna Kumara Krishna Yachenda Bahadur Garu and O ...

Court: Privy Council

SIR JOHN BEAUMONT: This is an appeal from a judgment and decree of the High Court of Judicature at Madras dated 17th September 1943, which varied a judgment and decree of the Court of the Subordinate Judge of Nellore dated 3lst October 1940. [2] The first question for determination is whether under a contract of indemnity dated 25th August 1910, the appellants are liable to indemnify respondent 1 for loss sustained by him in connection with a certain purchase. In the event of the appellants being held not liable respondent l desires to contend that respondent 2 is liable to make good to him the whole or part of his loss. [3] The relevant; facts are as follows : One Inuganti Venkata Rama Rao, the son of respondent 2 (who will be referred to hereafter as "the son"), obtained from his maternal grandfather, by way of gift, a one-fourth share in the Mokhasa Village of Somavaram. During his minority, respondent 2 (who will be referred to generally as "the vendor"), as his guardian, agreed to...

Ratanlal Chamaria Vs. Keshar Deo Chamaria

Court: Privy Council

Reported in: AIR1949PC195

LORD MACDERMOTT: This is a consolidated appeal, by special leave, from a judgment and two orders of the High Court of Judicature at Fort William in Bengal in its civil appellate jurisdiction, dated 17th May 1945, which affirmed two judgments and two orders of the said High Court in its original civil jurisdiction dated, as to one judgment and order, 3lst May 1944, and as to the other judgment and order, 2nd June 1944. The judgments and orders appealed from set aside, under S. 30, Arbitration Act, 1940, two arbitration awards made in two High Court suits between the parties, superseded the references to arbitration and directed that the suits should proceed in the normal manner. [2] These suits were no. 183 of 1923 and No. 1869 of 1937. They will be referred to in greater detail later. [3] The present dispute relates only to some of the numerous differences which have arisen between various members of the Chamaria family and which have already produced a long and complex story of litiga...

Joy Chand Lal Babu Vs. Kamalaksha Chaudhury and Others

Court: Privy Council

Reported in: AIR1949PC239

Sir John Beaumont: This is an appeal from an order of the High Court of Judicature at Fort William in Bengal passed in its civil revisional jurisdiction dated 13th August 1943, which set aside an order of the Subordinate Judge of Burdwan dated 18th July 1942, rejecting the petition of respondents 1 to 10 under Ss. 30 and 36 (6) (a) (ii), Bengal Money-lenders Act, 1940 (Act x [10] of 1940) (hereinafter referred to as "the Act"), for re-opening a mortgage decree dated 9th October 1931, passed against the respondents in mortgage Suit No. 198 of 1930. [2] The questions argued upon this appeal were first, a preliminary objection taken by the respondents that this appeal is incompetent; secondly, a preliminary objection taken by the appellant that the revision application to the High Court from which this appeal is brought was incompetent. Apart from these preliminary objections the only two matters urged against the order of the High Court, appealed from were first, that the loan to which t...