Court : Privy Council
Lord Porter: The appellant company are incorporated in Gibraltar and carry on business as an investment company. The appellant, John Mackintosh, is a director of that company. In May 1935 the appellants were anxious to borrow a large sum of Spanish pesetas as they did not wish to convert English pounds sterling into that currency, and at that time the respondent had on deposit at Barclays Bank in Gibraltar a credit of over 500,000 pesetas standing in the names of Messrs. Carrara King and Marsh who were trustees of her late husband. The respondent is an old lady 82 years of age, whose business affairs were managed by her nephew one Eugenic Gross. Mr. King, who was a friend of both Mr. Mackintosh and the respondent, having heard that the appellants desired to borrow pesetas approached Mr. Mackintosh and arranged with him that the respondent should lend and the appellants borrow the sum of 500,000 pesetas at 3 per cent. interest per annum. Accordingly the appellants executed a bond dated ...
Tag this Judgment!Court : Privy Council
Lord Maugham: This is an appeal by the Attorney-General of Alberta from a judgment of the Supreme Court of Canada (Duff C.J., Cannon, Crocket, Davis, Kerwin and Hudson JJ.) dated 4th March 1938 on a reference to them by the Governor-General of Canada under S. 55, Supreme Court Act (Revised Statutes of Canada, 1927, c. 35). The subject of the reference and of this appeal is the power of the Legislature of the Province of Alberta to enact three Bills which had been presented to the Lieutenant-Governor of Alberta for assent on 5th October 1937, and reserved by him for the signification of the Governor-General's pleasure. By order in Council dated 2nd November 1937 the Governor-General referred the following questions to the Supreme Court of Canada for hearing and consideration : 1. Is Bill No. 1, entitled ' an Act respecting the Taxation of Banks' or any of the provisions thereof and in what particular or particulars or to what extent intra vires of the Legislature of the Province of Albe...
Tag this Judgment!Court : Privy Council
Lord Blanesburgh: This is an appeal from a judgment of the Supreme Court of Cyprus affirming the judgment of the District Court of Nicosia at the trial. The appellants, defendants in the action, are the Ottoman Bank of Nicosia, and the respondent, the plaintiff, is a former official of the bank. Prior to his retirement on 31st December 1931 the respondent was serving in the Larnaca branch in Cyprus and the one question which survives for determination upon the present appeal is whether the pension to which, in accordance with the terms of his employment, he then became entitled is, as both Courts in Cyprus have held, a pension payable in Turkish gold pounds translated into Cyprus currency at the exchange of the day, or whether, as the appellant bank contends, it is due only in pounds of Turkish currency or, whether so or not is in Cyprus payable only in the currency of the Island at the fixed rate of exchange of 100 Cyprus for 110 Turkish pounds arid that whether the salary pounds be g...
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal559
G.N. Das, J. 1. This is an appeal by the plaintiffs against a decision of Mr. B. Mookerjee, Additional Subordinate Judge, 2nd Court, Alipore, District 24 Parganas, dated 29th November 1944, dismissing their suit for possession and mesne profits.2. The plaintiffs' case is that the disputed property and other properties belonged to their father George Adolphus, Robertson. The letter was at all material times, living separate from his wife Olivia by whom he had several children. He had by one Mrs. Adeline Maude Bredee, a widow, two daughters viz., the plaintiffs.3. On 4th July 1892, Mr. Robertson executed a will. The will inter alia provided that Mrs. Bredee would be entitled to the disputed property for her life and the remainder would go to the plaintiffs. Mrs. Bredee and the testator's two brothers William Cecil Robertson and Edwin Robertson were appointed executors.4. On 12th January 1894, a son named George Nathaniel Robertson was born of Mrs. Bredee by the testator.5. On 11th June 1...
Tag this Judgment!Court : Kolkata
Reported in : AIR1938Cal818
Nasim Ali, J.1. This appeal arises out of a suit for possession. The Barisal Loan Company obtained a decree for Rs. 4653 odd against the father of defendant 5 on 9th June 1929. They put this decree into execution on 28th December 1929. Defendants 1 to 4 purchased this decree during the pendency of this execution case and were substituted in place of the Company on 20th February 1930. Thereafter the execution case was struck off on 9th July 1930. On 28th November 1930, the decree was put into execution again by the assignees. On 10th December 1930, the judgment-debtor executed a trust deed (Ex. 12) by which he appointed the plain-tiff a trustee for the payment of his debts. The material portion of this document is as follows:I execute this trust deed to the following effect: for want of good management my estate is not being properly managed and protected; therefore being involved in debt and being unable to satisfy the same, on 17th Sraban 1322 last I appointed Babu Ganesh Chandra Das ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All417
Mukerji, Ag. C.J.1. These two revisions have arisen out of a Small Cause Court Suit No. 5247 of 1930 instituted by Mr. Nihal Chand Shastri against two defendants, Masood Ahmad Khan and Dilawar Khan alias Dilawar for recovery of Rs. 340. The plaintiff's case was_ that defendant 2, Dilawar had a criminal case against him in a Magistrate's Court at Muzaffarnagar, where the plaintiff was then practising as an advocate of the High Court. Masood Ahmad Khan was the plaintiff's clerk. Dilawar Khan wanted the plaintiff to go to Allahabad and to file an application for transfer of the criminal case from Muzaffarnagar and agreed to pay Rs. 50 a day for the period during which the plaintiff would be away from Muzaffarnagar. As Dilawar Khan had no money to pay down, Masood Ahmad Khan, the plaintiff's clerk stood surety for him. The plaintiff carried out his part of the contract, but was not paid. The plaintiff accordingly brought the suit. The learned Judge of the Small Cause Court decreed the suit...
Tag this Judgment!Court : Kolkata
Reported in : AIR1929Cal418
Mukerji, J.1. The plaintiffs are zemindars of Kanchanpur, and are proprietors of certain properties mentioned in the plaint. With the consent of all the cosharer proprietors, one Rash Behari Roy was appointed common manager under the provisions of the Bengal Tenancy Act in respect of the said properties in the year 1912. Rash Behari Roy having resigned, one Rai Sahib Monomohan Guha, who was defendant 3, in 'the suit was appointed common manager by an order passed by the District Judge on 8th May 1916. Defendant 4 Nalini Kumar Chakrabartty was working in the estate from sometime before as a sub-manager. Prior to his resignation, Rai Sahib Monomohan Guha took leave on 16th January 1920 when he was allowed to leave the station on making over charge of his office to defendant 4. In February 1920 notices were issued inviting applications for filling up the vacancy. Defendant 4 carried oh the duties of a common manager On 1st April 1920 the District Judge passed a further order empowering de...
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal256
Mukerji, J.1. This appeal has bean preferred from certain orders passed by the Subordinate Judge, First Court, Backergunge, on 17th February, 26th February and 1st March 1927, by which the learned Judge appointed a receiver in respect of properties which form the subject-matter of a suit now pending in his Court.2. It is necessary, in order to deal with the contentions that have bean urged on behalf of the appellant in this appeal, to set out a few facts. One Babu Raj Chandra Roy Chowdhury died leaving three sons and two daughters. For the purposes of this appeal we are concerned with one of his sons, namely, Babu Behary Lal Roy Chowdhury, and the two daughters named Adya Sundari and Bidya Sundari. Plaintiffs 1 and 2 are two of the sons of Babu Behary Lal Roy Chowdhury and defendant 1 is another son and the plaintiffs 3 and 4 are the sons of a daughter of a predeceased son of the said Babu Behary Lal Roy Chowdhury. Defendant 2 is Bidya Sundari, herself and defendant 3 is a daughter of ...
Tag this Judgment!Court : Chennai
Reported in : 4Ind.Cas.1106
Abdur Rahim, J.1. The accused K.K. Bose who was Manager of the Calcutta Provident Institution from the 9th February 1903 till March 1903, has been acquitted by the appellate Court of the various charges of cheating, criminal breach of trust, and criminal misappropriation in respect of Rs. 39 paid by Prosecution Witness No. 1 on account of a diploma-holder Pappamma of which he was found guilty by the Joint Magistrate. The Government has appealed against his acquittal; and Dr. Swaminathan, why appeared in support of the appeal, has contended that though the petitioner might have joined the Institution in good faith, he must, during the years that he was manager, have become aware that Mitter and Sen were misappropriating the moneys which should have been available for meeting the death claims and that since fully knowing that the funds were held in trust for that purpose. he wilfully handed over the moneys to Sen and Mitter contrary to that trust he made himself liable for those offences...
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All227; [1950]18ITR95(All)
Malik, C.J.1. This is a reference under Section 66 (1), Income-tax Act by the Income-tax Appellate Tribunal, Allahabad.2. There is an ancient waqf in Gorakhpur, known as the Imambara Waqf. The history of the waqf has been briefly set out in the statement of the case. A gentleman of the name of Syed Roshan Ali Shah was in his time well known for his piety, and various items of property were, from time to time, made a waqf of for the maintenance of an Imambara which had been built by him at Gorakhpur. Syed Roshan Ali Shah died in 1818. He had, however, executed a tamliknama under which the property came into the bauds of his nephew, Ahmad Ali Shah. Ahmad Ali Shah died in 1874, and he, in his turn, left a tamliknama of the year 1871 and the property came under that tamliknama to one, Wajid Ali Shah. Wajid Ali Shah died in 1915, and the property then came into the hands of the assessee, Jawad Ali Shah, who was his eldest son.3. From the statement of facts, mentioned above, it would appear ...
Tag this Judgment!