Privy Council Cases
Colonial & appellate judgments
Browse Privy Council & House of Lords decisions
Search appeals from Indian High Courts decided by the Judicial Committee of the Privy Council and related appellate benches - foundational authority for constitutional and commercial law.
Colonial & appellate
Latest Privy Council judgments
Golam Panjatan Ahmed Vs. Najafannessa Bibi and ors.
Court : Kolkata
Reported in : AIR1952Cal230
Kamal Chunder Chunder, J.1. This is a defendant's appeal (in a suit?) for recovery of Rs. 1,700/- including interest from the defendant alleged to have been kept in deposit with the defendant. Both the Courts below decreed the suit. The question is one of limitation.2. Briefly, the facts are that one Akkel Alii Choudhury had married the sister of the defendant and the defendant also had married Akkel Ali's sister. The plaintiffs were the two minor children of Akkel. It appears that Akkel died in Agrahayan, 1327 B.S. From the plaint as also from the evidence, it is to be found that about a month after Akkel's death, the defendant took charge of all the properties of the two minors, and also of a sum of Rs. 1,677/4 as. which was then in the iron chest. He managed the properties of Akkel and acted as de facto guardian of the minors. Then on the 22nd Pous, 1328 B.S. he gave a receipt in the name of the two minors in which he admitted receipt of this money, and he said that this money remai...
Tag this Judgment!Hanumanprasad MatadIn Vs. the Crown
Court : Mumbai
Reported in : 1949CriLJ597
1.The appellant Hanumanprasad was sentenced to death under S, S02, Penal Code, by the Additional Sessions Judge, Hoshangabad, for having caused the death of Bamkaran after an attack on him on 26th May 1948 at Bundra, Harda tahsil, HoBhangabad district. With the appeal will be considered the reference made under Section 374, Criminal P. C, for the confirm tion of the death sentence, [After discussing facts and evidence (pares a to 11) their Lordships proceeded:]12. III view of the material changes in the versions of Sheoram, Kashibai and Bahadur, [witnesses in the committing Court-Ed.] the trial Court was fully entitled to have reoourse to the provisions of 8. 288, Criminal P. 0., to bring their depositions in the committing Court on record. These witnesses had undoubtedly been won over in the interim and it may rea-Bonably be presumed that the malguzar Badri-prasad was responsible for this as well as for subornation of the testimony of Sitaram (p. w. 7) and Ramkaran (p. w. 9), carpente...
Tag this Judgment!Radhey Shiam and ors. Vs. Official Receiver of the Estate of Ram Chara ...
Court : Allahabad
Reported in : AIR1949All464
Mushtaq Ahmad, J.1. This is an appeal arising out of certain proceedings under the Insolvency Act. The order appealed against was led by the learned District Judge of Kanpur dismissing an appeal by the present appellants against an order of the Insolvency Judge. The facts giving rise to that appeal and leading to the present appeal are as follows:2. The Official Receiver, on 18th January 1939, attached a certain house in the course of the realization of the debts due from the insolvents Ram Charan Das and his son Kanhaiya Lal. Mt. Parbati, wife of Ram Charan, objected as she claimed to be the owner of the house, and with a view to have this matter adjudicated upon she filed an application under Section 68, Insolvency Act, before the Insolvency Judge on 23rd January 1939. That was Misc. case No. 33 of 1939. The basis of the claim made by Mt. Parbati was that she had acquired an absolute title in the house under a deed of gift executed by her husband Ram Charan Das, one of the insolvents...
Tag this Judgment!Giridhari Biswal Vs. Golak Biswal and anr.
Court : Orissa
Reported in : AIR1949Ori27
Narasimham, J.1. This is the plaintiff's second appeal against the concurrent decisions of the Munsif of Jaipur and the Additional Subordinate Judge of Cuttack dismissing his suit for declaration of title and recovery of possession of certain property on the ground that he is the adopted son of one Bira Biswal.2. Defendant 1 is admittedly the natural born son of Bira Biswal. The plaintiff alleged that defendant 1 was given in adoption to Bira's own brother Nilamani about 0 years ago. Subsequently two other natural born sons of Bira died and then it was alleged that about 25 years ago Bira adopted the plaintiff as his son. It was further alleged that the plaintiff and defendant 1 remained joint till about 1913 when there was a partition of the joint family property. The suit was necessitated by the action of defendant 1 in mortgaging one item of the joint family property in favour of defendant 2. Defendant 1's main contention was that neither was he given in adoption to Nilamani nor was...
Tag this Judgment!Karavadi Manikya Rao Vs. Nalluri Adenna
Court : Chennai
Reported in : (1949)1MLJ291
Mack, J.1. This petition raises really a very simple point for determination whether one trustee after the death of two co-trustees can sue a tenant, who took a land belonging to the trust on lease, for recovery of arrears of rent. The learned District Munsiff answered this question in the negative and dismissed a suit filed by the petitioner to recover Rs. 69-14-0 arrears of rent from the defendant on the ground that the two co-trustees who had joined in execution of a five years' lease on 30th June, 1939, in favour of the defendant were dead and their legal representatives had not been impleaded.2. The short facts are these. The trust property in question of an unusual type, namely, a village tank 7 acres and 29 1/2 cents, was leased out for five years to the defendant on 30th June, 1939, on a rental of Rs. 180 a year. It is common ground that the lease deed describes the plaintiff and two other executants as dharmakarthas of this cheruvu. The suit sought to recover only a balance of...
Tag this Judgment!P. Rm. Athimuthu Nadar Vs. K.C.K. Subramania Nadar
Court : Chennai
Reported in : (1949)1MLJ330
Mack, J.1. This revision petition raises an unusual question of court-fee, one without precedent in my own experience and as regards which there is no decided case. The petitioner is the defendant in O.S. No. 2 of 1948 filed in the Sub-Court, Tuticorin, by the respondent as plaintiff to recover Rs. 20,804-9-6 on alleged advances made from time to time. This suit was filed on 6th January, 1948. The petitioner on 5th January, 1948, as plaintiff filed another suit O.S. No. 3 of 1948 against the respondent to recover Rs. 3,166 from him on dealings after adjusting Rs. 20,000 advanced by the respondent to him. This suit was numbered as O.S. No. 3 of 1948. It may be taken that both the plaints were under simultaneous preparation and it cannot be really said that one was filed in advance of the other. In O.S. No. 2 of 1948, the written statement filed by the petitioner is on the same lines as his plaint in O.S. No. 3 of 1948. The learned Subordinate Judge, however, accepted a strenuous content...
Tag this Judgment!Vootla Viriah and ors. Vs. Tadepalli Subba Rao (Died) and ors.
Court : Chennai
Reported in : (1949)1MLJ316
Govinda Menon, J.1. This appeal arises out of the dismissal of an application, under Order 21, Rule 89, Civil Procedure Code filed by the appellants herein, before the lower Court for setting aside a sale in which the contesting respondents 7 and 8 were the purchasers of certain items of property sold in execution of the decree in O.S. No. 77 of 1910 on the file of the District Court of Kistna. The learned Subordinate Judge of Baptala held that the appellants as petitioners in the Court below did not have any interest in the property sold so as to entitle them to apply under the provisions of Order 21, Rule 89, and dismissed the application.2. A few facts have to be stated in order that the position may be understood, clearly. The properties which are the subject matter of the sale belonged to one Nawab Hassanali Khan Bahadur and were sold by him under Ex. P-1 dated 5th. February, 1920 to the first appellant and the father of the second appellant herein for a sum of Rs. 45,000; but pri...
Tag this Judgment!Buddu Satyanarayana and ors. Vs. Konduru Venkatappaiah and ors.
Court : Chennai
Reported in : AIR1950Mad586
Subba Rao, J.1. This is an appeal against the decree and judgment of the Court of the Subordinate Judge, Tenali, decreeing the suit filed by the Executive Officer of Sri Somasekhara Swami temple of Kotipalli, hamlet of Donepudi, for possession of the suit properties. The origin of the temple is lost in antiquity. The suit properties, extending about 93 acres and 33 cents were granted in inam to the deity by the late Janganna Rao the then zamindar of Rachur in Fasli 1179, i. e., corresponding to 1770 A. D. The properties granted were only dry lands and they continued to be so till recently when they were converted into wet land. In or about 1860 it appears that the income from these lands was only Rs. 266-3-1. Though in the pleadings it was assumed that the zamindars of Rachur were the hereditary trustees of the suit temple it does not appear that in the year 1860 they were the trustees of the suit temple, or, at any rate, that the hereditary trustees were in active management of the in...
Tag this Judgment!Jiban Krishna Das Vs. Jitendra Nath Das
Court : Mumbai
Reported in : (1949)51BOMLR442
Harilal Kania, Kt., C.J.I have read the judgment prepared by Mukherjea J. I agree with the reasoning and conclusion of that judgment and have nothing to add.Mukherjea, J.1. This appeal is directed against a judgment of a division bench of the Calcutta High Court dated November 14, 1944, by which the learned Judges reversed a decree of dismissal made by the Subordinate Judge, First Court, Alipore, in a suit for partition and accounts.2. The material facts are not controverted and may be briefly stated as follows. The properties which are described in the schedules to the plaint belonged admittedly to one Kedar Nath Das, who died on December 18, 1920, leaving behind him a will which was executed on July 5, 1916. The near relatives of Kedar who survived him were his wife Golapmoni, two sons-Bejoy Sashi and Benoy Sashi-and two daughters Hemnalini and Mrinalini. There were four grandsons also born during the life-time of the testator and actually in existence at the date of his death, three...
Tag this Judgment!Madhusudan Samantarai Vs. Brajasunder Das and ors.
Court : Orissa
Reported in : AIR1949Ori51
Ray, C.J.1. This appeal is by plaintiff 1 in a suit for declaration of his title as occupancy ryot in respect of 'ka' schedule lands being a part of holding No. 297. The holding admittedly be-longed to defendant 2 and the part, in dispute, was purchased from him by the appellant on 21st February 1927. The rest of the holding had been sold to plaintiffs 2 and 3 who, however, have not come up in appeal. Defendant 1 who is a purchaser at revenue sale of the touzis within which the holding lies, maintained a suit for recovery of arrears of rent against defendant 2 and brought the holding to sale in execution of the decree and purchased it. He took out delivery of possession through Court. The plaintiff feeling himself disturbed came to Court with a prayer for declaration of title and confirmation of possession or in the alternative for recovery of possession. The plaintiff had also, in order to make out a good title as against the landlord, pleaded that he bad taken the consent of the then...
Tag this Judgment!- ‹ Prev
- 6652
- 6653
- 6654
- 6655
- 6656
- 6658
- 6659
- 6660
- 6661
- 6662
- Next ›
- Last »