Privy Council Court April 1949 Judgments
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William Yachuk and Another Vs. the Oliver Blais Co., Ltd.
Court: Privy Council
Decided on: Apr-11-1949
Reported in: AIR1949PC250
Lord du Parcq: William Yachuk, an infant who sued by his father as next friend, and Tony Yachuk (the father suing in his own right) were plaintiffs, and the Oliver Blais Company Limited was defendant, in an action begun in January, 1943, in the Supreme Court of Ontario. Two other defendants who were also sued are no longer concerned in the proceedings, and no further reference need be made to them. The plaintiffs' claim was for damages for negligence and breach of statutory duty. Of the alleged breach of statutory duty all that need now be said is that no argument was addressed to their Lordships in support of that head of the claim. The negligence alleged consisted in supplying the infant plaintiff, then a child of nine years of age, with a small quantity of gasoline with the result that he suffered injury, and his father was put to expense. The first hearing of the action was abortive, as a new trial was ordered on appeal. The case was ultimately tried by Urquhart J. who, for reasons...
Fatma Binti Hafidh Vs. the Administrator-general, Zanzibar Protectorat ...
Court: Privy Council
Decided on: Apr-11-1949
Reported in: AIR1949PC254
Lord Porter: This is an appeal from a judgment of the Court of Appeal for Eastern Africa dated 5th October 1946 which reversed the judgment of the High Court of Zanzibar given in favour of the appellant and dismissed her action with costs. [2] The appellant claimed that she was the daughter of Hafidh bin Muhammad el-Busaidi (hereinafter called Hafidh) and of his slave concubine Panya and as such, under the law of the Ibadhi sect of which her parents were members, to be entitled to her share of her father's estate. [3] Her mother was originally the slave of Hafidh's mother, Binti Juma, and was said to have been given by her as a slave concubine or "suria" to her son. [4] It is common ground that in order to establish such a claim it must be proved, (1) that the mother was given to the father as a concubine and slave, (2) that by reason of the gift the woman given must have ceased to be the slave of the original owner and have become the slave of the man to whom she was given, (3) that s...
George Edmund De Silva Vs. Attorney-general of Ceylon and Others
Court: Privy Council
Decided on: Apr-11-1949
Reported in: AIR1949PC261
Lord Simonds: Their Lordships have humbly advised His Majesty that in their opinion this petition for special leave to appeal should be refused with costs. These are their reasons. [2] The petitioner George Edmund de Silva prays for special leave to appeal from a determination of Windham J., a Judge of the Supreme Court of the Island of Ceylon acting as Election Judge under the provisions of the Order in Council hereafter mentioned, whereby the election of the petitioner as member of the House of Representatives for the Kandy Electoral District was declared to be void for certain reasons into which it is unnecessary to enter. When their Lordships had partially considered the case on its merits, it appeared that a question of jurisdiction arose upon which they desired the assistance of counsel for the Attorney-General of Ceylon. Having now heard full argument upon the question they are satisfied that the matter in dispute is one in which the prerogative right to entertain an appeal does...
Bhagwan Das Vs. the King
Court: Privy Council
Decided on: Apr-06-1949
Reported in: AIR1949PC263
Lord Oaksey: Special leave to appeal was granted in this case without their Lordships being acquainted with the necessary documents, which were no doubt not available. Leave was granted limited to the question of whether or not the proceedings were valid having regard to the fact that the appeal was signed and filed in the High Court by the Advocate- General and not by the Public Prosecutor. [2] The relevant documents have now been produced before their Lordships, and the facts are as follows : [3] By the Government of India Act, 1935, it was provided by S. 55, that every Province was to have an Advocate-General. On 1st April 1937, the Government of India Act, came into force. On 3rd April 1937, a notification in the Gazette provided that in exercise of the powers conferred on him by S. 492, Criminal P. C. 1898, the Governor of the Punjab is pleased to appoint the Advocate-General of the Punjab to be a Public Prosecutor generally for the Punjab. On 5th April 1937, two days later, Mr. R...
Aniruddha Mitra Vs. the Administrator General of Bengal and Others
Court: Privy Council
Decided on: Apr-05-1949
Reported in: AIR1949PC244
Sir Madhavan Nair: This is an appeal from a judgment and decree of the High Court at Calcutta in its appellate jurisdiction dated 5th April 1946, which affirmed a judgment and decree of that Court in its original jurisdiction dated 28th March 1945. [2] The appeal arises out of a suit by way of originating summons instituted by the appellant for the construction of the will of his father the late Rai Bihari Lal Mitra. [3] The facia are not in dispute. The testator was a wealthy Hindu governed by the Dayabhaga school of Hindu law. He died on 7th February 1933, leaving him surviving his widow Sreemutty Nayani Mitra, his only son the appellant Aniruddha Mitra, and the wife of the appellant Sreemutty Nivanani Mitra. [4] At the time of the testator's death the appellant and his wife had no children. On 4th July 1934, the appellant took respondent 2 Arabinda Mitra in adoption as his son. He was born on 19th October 1932. [5] On 5th July 1931, the testator executed his last will whereby he app...
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