Privy Council Cases

P. Venkatachala Udayan Vs. the Executive Officer, Rasipuram Panchayat ...

Court : Chennai

Reported in : (1949)2MLJ263

ORDERPanchapakesa Ayyar, J.1. The petitioner, a ryot living within Rasipuram Panchayat limits, has been convicted under Sections 212 and 194 (1)(b) of the Madras Local Boards Act, 1920, for installing a five horse power motor and a pump set in R. S. No. 25/5 (MooLal well) in Koneripatti village within the Rasipuram Panchayat limits without having been granted a licence by the Panchayat and has been fined Rs. 100. Mr. V.V. Srinivasa Aiyangar, for the petitioner, urged six reasons for quashing the conviction.. I need consider only two of them as either of them is enough to quash the conviction. The first is that Section 194(1)(b) will apply only to installations in premises for the purpose of industries and factories, the minor head under which this section comes, and will have no possible application to a pump installed in a field-well for irrigation purposes. The learned Crown Prosecutor agreed. On this ground alone the petitioner's conviction must be quashed. All the considerations of...

Ramaswami Pillai Vs. Sankara Mudaliar and ors.

Court : Chennai

Reported in : AIR1951Mad635

Subba Rao, J.1. This appeal raises some interesting points of law under the Madras Agriculturists' Relief Act, 1938 as amended by the Madras Act XXIII [23] of 1948. The facts are fully and accurately stated by the learned Subordinate Judge of Salem in his judgment and it is not necessary to restate them. It is enough if the material facts sufficient to appreciate, the contentions of the parties are briefly stated.2. Defendant 1, Arumugam Pillai, for himself and as guardian of his then minor son defendant 2 executed a mortgage deed in respect of the properties situate in Pandamangalam and Vangarai in favour of the plaintiff for a sum of Rs. 5000 carrying interest at ten per cent. per annum. Defendant 3 is defendant 1's after-born son. In I. P. no. 80 of 1933 on the file of the District Court of Salem defendant 1 was adjudged an insolvent and so the Official Receiver of Salem in whom his interest vested was added as defendant 4. The plaintiff instituted O. S. no. 50 of 1944 on the file o...

Mohammed Siddiq Vs. Mohamed Akbar and ors.

Court : Kolkata

Reported in : AIR1951Cal466

Sinha, J.1. This is a suit for recovery of Rs. 10718-4-0 alleged to be due to the pltf. from the defts. 1 to 4 as drawers & acceptors of a hundi dated 13-11-1938, from deft. 5 as indorser of the hundi & from deft. 6 on the footing that he agreed to discharge the liabilities of the deft. 5.2. The pltf. & Din Mahommad used to carry on business in partnership in the name of East India Export Co. & Asiatic Produce Co. In 1933 they decided to terminate the partnership. The defts. 1 to 4 had drawn & accepted a hundi for Rs. 10,000 payable to the said firm or order 56 days after date. In accord & satisfaction of the pltf.'s share in the partnership, the said Hundi was indorsed by the said firm through Din Mohommed in favour of the pltf. on 14-11-1933. The partnership was dissolved by mutual consent as on & from 31-12-1933 & on 14-2-1934 a deed of dissolution was executed by the pltf. & Din Mohommed. The deed provided, inter alia, that Din Mahommad would be entitled to realise all the outstand...

Lennox Arthur Patrick O'Reilly and Others Vs. Cyril Cuthbert Gittens

Court : Privy Council

Reported in : AIR1949PC313

Lord Morton of Henryton: This appeal and cross-appeal arise out of an action, brought by Dr. Cyril Cuthbert Gittens (hereafter called the respondent) as plaintiff against the appellants, which succeeds, in part and failed in part. [2] The appellants were at all material times the stewards of the Trinidad Turf Club. That club is the recognised turf authority in the Colony of Trinidad and Tobago, and exercises its powers and jurisdiction by the stewards of the club. The respondent is a dental surgeon and an owner and trainer of racehorses. At all material times the respondent held a trainer's licence which expressly provided as follows : "This licence is issued subject to the rules, regulations and resolutions of the Trinidad Turf Club for the time being and may be withdrawn or suspended by the stewards of that club in their absolute discretion, and such withdrawal or suspension may be published in any local newspaper or newspapers, for any reason which may seem proper to such Stewards,...

Kotamsath Appanna Vs. Koppoju Appalaraju

Court : Chennai

Reported in : AIR1950Mad49

ORDERPanchapakesa Ayyar, J.1. I have perused the entire records and heard the learned counsel for the petitioner and the learned Public Prosecutor contra. Two Courts found the petitioner guilty under Section 406, Penal Code in respect of a gold jewel taken by him from P. W. 1, a goldsmith, on 18th April 1948 for showing it to his wife and placing an order for a similar jewel if she approved of it and failing to return it and retaining it with him towards some debts due to him by P. W. 1, and refusing to return it. He has been fined Rs. 150, and the entire fine is directed to be paid to P. W. 1 as compensation for the loss of the jewel.2. The learned counsel for the petitioner urged that the lower Courts should have believed the evidence of the D. Ws. and held the jewel to be his and made from gold supplied by him I cannot agree. The lower Courts were right in disbelieving these D. Ws.3. The next contention urged was that the petitioner has simply retained the jewel as security for his ...

Subba Naicker Vs. Nallammal and ors.

Court : Chennai

Reported in : AIR1950Mad192

Satyanarayana Rao, J.1. This is an appeal by defendant 1 against the preliminary decree for partition passed by the learned Subordinate Judge in O. S. No. 24 of 1943. It is unnecessary to set out the facts of the case elaborately and it will be sufficient to confine the facts in so far as they are relevant to the disposal of the contentions that have been raised in this appeal. Defendant 1 and one Krishnaswami Naicker were brothers being members of an undivided Hindu joint family. The family owned properties specified in the various schedules attached to the plaint. Krishnaswami Naicker died in June 1942 leaving behind him the plaintiff, his widow and an unmarried daughter, defendant 2. The widow instituted the present suit for partition and separate possession of a half share in the family properties basing her claim on the rights conferred upon her by the Hindu Women's Rights to Property Act, 1937. It has now been finally decided by the Federal Court that this Act as it then stood do...

M. Jaswantmall Sowcar Vs. Collector of Madras

Court : Chennai

Reported in : AIR1950Mad201

Horwill, J.1. This is an application for leave to appeal to the Federal Court against our valuation of the petitioner's property under the Land Acquisition Act.2. Since the value of the subject-matter of the proposed appeal to the Federal Court is less than Rs. 10,000, the learned advocate for the petitioner bases his application on an important point or principle which he contends that we applied in fixing the value of the property and argues that this is a fit case for the issue of a certificate to appeal to the Federal Court under Section 109(c), Civil P. C.3. Section 54, Land Acquisition Act gave a right of appeal to the Privy Council under certain circumstances. The latter part of that section says :'An appeal shall lie to His Majesty in Council subject to the provisions contained in Section 110, Civil P. C., 1908, and in Order XLV thereof.'Section 110, Civil P. C. has reference only to Clauses (a) and (b) of Section 109, and not to Clause (c). The absence of any mention of Sectio...

M. Jaswantmall Sowcar Vs. the Collector of Madras

Court : Chennai

Reported in : (1949)2MLJ556

Horwill, J.1. This is an application for leave to appeal to the Federal Court against our valuation of the petitioner's property under the Land Acquisition Act.2. Since the value of the subject-matter of the proposed appeal to the Federal Court is less than Rs. 10,000, the learned advocate for the petitioner bases his application on an important point or principle which he contends that we applied in fixing the value of the property and argues that this is a fit case for the issue of a certificate to appeal to the Federal Court under Section 109(c) of the Civil Procedure Code.3. Section 54 of the Land Acquisition Act gave a right of appeal to the Privy Council under certain circumstances. The flatter part of that section says,an appeal shall lie to His Majesty in Council subject to the provisions contained in section no, Civil Procedure Code. 1908, and in Order 45, thereof.Section no of the Civil Procedure Code has reference only to Clauses (a) and (b) of Section 109 and not to Clause ...

Jaban Das Vs. Ganga Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1949HP7

Bannerji, J.C.1.The appellant in this case is the defendant in the suit, which the four respondents instituted by plaint dated 25-12-2003 B. The prayer of the plaint is for a declaration that the mutation No. 925 dated 20-11-1998 B is wrong and incorrect and consequently it is void and inoperative.2. It is further prayed that on the death of Man Das without issue, the plaintiffs are entitled to two-third share and the defendant, 1/3, in the lands situated in two villages, Kuthain and Manun.3. The case is simple enough but it appears that sufficient care has not been bestowed upon it by the learned District Judge, Rampur. It is, therefore, desirable that this Court should endeavour to exclude from this judgment all such details as might obscure the question raised in this suit. It may be well then to consider the respective positions of parties in the language adopted by them.4. The narrative of the plaintiffs' case is on the death of Man Das, ancestor of the parties, who was issueless,...

Province of Assam Vs. Lakhi Nayak and ors.

Court : Guwahati

Ram Labhaja, J.1. This is a revision petition against the order of the Politioal Officer, Sadiya Frontier Tract, dated 11th June 1948 by which he acquitted the three accused who are' respondents in this petition and who were tried' under a charge of murder for intentionally causing the death of Mt. Niang, a Khasi lady.2. Mt. Niang was murdered in the early hours of the morning of 12th June 1947. Metilda, who was living with the deceased as her adopted-daughter, was in her room on the night of the occurrence. She reported at 6 A. M. that Lakhi Bangali and Ekadaai, respondents 1 and 2, had committed burglary by breaking open the house and had caused grievious hurt to Mt. Niang, who was alive till then. She died later.3. On 18th June 1947, Metilda took Jogendra K. Chaudhury, Officer-in-Charge, Sadiya Police Station, to the house and pointed out a hole in the wooden post. From this some ornaments and Cash were recovered. She also pointed out the blood stained Dao which was also concealed ...