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Mar 01 1926 (PC)

Maneckji Pestonji Bharucha and Another Vs. Wadilal Sarabhai and Compan ...

Court : Privy Council

Viscount Dunedin, J. [1] In March, 1920, the second plaintiff in this case, Arajania, who is not a certified share-broker, and who describes himself as the sub-broker of the first plaintiff Bharucha, who is a certified share-broker, sold on the Bombay Stock Exchange to first defendant, bora, 129 shares of a Company called Alcock, Ashdown and Co., Ltd. for delivery on the 14th April, 1920. Neither of the two plaintiffs was the registered holder of any such shares. In order to make good the delivery the first plaintiff acquired the requisite number of shares in the market from various brokers, and took from these brokers blank transfers signed by the registered holders along with the corresponding certificates. These certificates and blank transfers were handed by the second plaintiff to the first defendant at 6 P.M. on the 14th April. At 8 v. M. a cheque for the sum due under the contract in favour of the first plaintiff was handed to the second plaintiff. This cheque was dishonoured on...

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Nov 30 1926 (PC)

Dewan Bahadur Panaganti Ramarayanimgar Vs. Maharaja of Venkatagiri and ...

Court : Privy Council

Lord Sinha J. [1] This is an appeal against a decree of the High Court of Madras, dated the 19th of April, 1920, varying a decree of the Subordinate Judge of North Arcot, dated the 31st March, 1917, made in a suit filed in that Court on the 21st December, 1915. [2] That suit arose out of a transaction between the Raja of Kalahasti and the Raja of Tuni, which was embodied in Ex. A and Exhibit I in the case. [3] Ex. A purports to be a deed of "mortgage with possession" of immovable properties described in Schs. A, B, C and D (hereafter called the A, B, C and D properties) for a sum of 11 lakhs of rupees, with interest at 10 annas per cent, per month, to be recovered from the rents and profits. The mortgagor was to have liberty to pay off the mortgage money at the end of four years, with option to defer payment for a further period of two years. If the money was not paid on the 13th of March, 1915, the entire amount then due was to carry interest at 1 per cent, per mensem--10 annas from t...

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Jul 04 1927 (PC)

Abdul Wahab Khan Vs. Tilakdhari Lal and Others

Court : Privy Council

SINHA, J. 1. This is an appeal from a decree of the High Court of Judicature at Patna, dated the 6th March 1925, reversing a decree of the Subordinate Judge of Monghyr, dated the 28th April 1921. 2. The decree dismissed a suit brought by the plaintiff, Tilakdhari Lal (now respondent), against the defendant, Abdul Wahab Khan, and others, for partition of an estate comprising the villages of of Tetulia, Hardia, Belhanda and Dhamhare, and bearing tauzi No. 4920 on the rent roll of the Collector of Monghyr. The High Court decreed partition. 3. That estate had originally formed part of a larger estate named Tappa Chautham and received its separate tauzi No. 4920 when carved out of the parent estate more than forty years ago. At that time its proprietors were Hansraj Singh, Bhukhan Singh and Totaram Singh, who formed a joint Hindu family. 4. These three persons separated in board and residence in or about 1876, and either then or afterwards separate accounts were opened for each of their sha...

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Feb 18 1929 (PC)

K.T. Ganapathy Pillay Vs. Alamaloo and Another

Court : Privy Council

SIR CHARLES SARGANT: This appeal concerns the distribution of residuary trust funds held under the will dated 20th May 1898, of a testator, K. Tamboosamy Pillay, who died in the year 1902. By that will, after giving directions for the sale, conversion and investment of his real and personal estate and constituting thereout a residuary trust fund (therein called the trust funds), the testator directed that for a period of 21 years after his death certain shares or parts only of the income of trust funds should be paid and applied as therein mentioned, and the residue of the income of the trust funds should be accumulated by investing the same and the resulting, income thereof to the intent that such accumulations should be added to and form part of the corpus of the trust funds. And after certain further directions not material to be here stated the testator made a final direction and bequest in the terms following, that is to say : "And I direct my trustees on the expiration of 21 year...

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Mar 12 1929 (PC)

The Official Assignee of Madras Vs. E. Narasimha Mudaliar, Proprietor ...

Court : Privy Council

Murray Coutts Trotter, C J [1] I have had the advantage in this case of perusing the judgment about to be delivered by Beasley, J. It sums up the results arrived at after a long discussion between him, Odgers and myself and it may be taken to be the judgment of the Court. I only add a few words because I feel it is incumbent upon me to do so as for eight years 1 was in charge of the insolvency Jurisdiction of the Original Side of the High Court. The procedure which was prohibited by the judgment of the Calcutta High Court in Jnanendra Bala Debi v. The Official Assignee of Calcutta was that persons alleged to be indebted to the Bankrupt estate--known in our Court for some reason, I never quite understood, as "garnishees"--should be examined, which of course in effect means cross-examined, by the Official Assignee under the powers of Section 36 and that statements made by them not amounting to a definite admission of indebtedness to the estate should be used under Section 7 to ask the Co...

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Mar 21 1929 (PC)

(Raja) Satya, Niranjan Chakravarty and Others Vs. Surajubala Debi and ...

Court : Privy Council

This is an appeal by defendants 1, 2 and 3 against a judgment and decree of the Subordinate Judge of Birbhum allowing the plaintiff's claim for rent for four years from the Ashar kist of 1327 to the Ashar kist of 1330 B. S. The plaintiff is a member of the same family as defendants 1, 2 and 3 she being the widow of a son of one of the predeceased brothers of the said defendants. She inherited a certain share of the property to which her husband was entitled as a descendant of Maharaja Ram Ranjan Chakravarty. It is needless to say that these parties are people of considerable property and respectability. It seems that there was a very unfortunate dissension between the plaintiff and defendants 1, 2 and 3. This was apparently settled by the plaintiff executing a lease by way of Ijara of her share of the property by a deed dated 8th January 1916. It is unnecessary just now to refer to any of the terms of the lease; but it may be mentioned that, under that lease, a sum of Rs. 20,000 per ye...

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Jun 27 1929 (PC)

Robert Hall and Another Vs. Pelmadulla Valley Tea and Rubber Co. Ltd.

Court : Privy Council

Lord Warrington of Clyffe: The question in this appeal is whether the first appellant (the plaintiff in the action) as purchaser from the second appellant is entitled to recover from the respondent company possession of certain lands, the subject of such purchase, notwithstanding a previous agreement on the part of the second appellant to sell the same lands to the respondents, or whether, on the contrary, the respondents are entitled to specific performance of such previous agreement. The action came on for trial before the District Judge of Ratnapura and by the decree dated 22nd August 1925 the plaintiffs' action was dismissed and an order was made in effect for the specific performance of the agreement, certain enquiries and accounts being directed for the purpose of carrying such order into effect. The present appellants appealed from this decree to the Supreme Court of Ceylon, and by their order dated 8th March 1927 it was adjudged that the decree of the District Court should be m...

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Jul 16 1929 (PC)

Eugene Rerthiaume Vs. Dame Anne-marie Yvonne Dastous

Court : Privy Council

VISCOUNT DUNEDIN: In 1913 the respondent, a French Canadian of the Roman Catholic faith, being then a girl 19 years of age who had just graduated from a convent in a small town in Montreal, went on a trip to Europe with her father. She there met the appellant, a member of a Quebec family and also of the Roman Catholic faith, who had been living in Paris for several years. He proposed marriage to her, and she accepted. The appellant asked the respondent to make the necessary arrangements, and she called on the cure of the parish where her fiance had been residing and where she was then temporarily residing. The cure informed her that there were certain civil formalities to be gone through and that he would celebrate the marriage. She asked her fiance to attend to the civil formalities and he took her to the British Consulate where certain papers were signed and a certificate issued which was given to her fiance. After that the parties proceeded to the Church, the certificate was handed ...

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Jul 25 1929 (PC)

Ma Pwa May Vs. Srmma Chettyar

Court : Privy Council

Atkin, J. [1] This is an appeal from a decree of the High Court of Judicature at Rangoon. The plaintiffs arc the mortgagees under a mortgage dated March 13, 1924, by which Maung Po Saving and his wife Ma Twe mortgaged to the plaintiffs for Rs. 20,000 four oil wells in the Yenangaung oil field. The consideration for the mortgage is alleged to be a sum of Rs. 1.3,764 the balance of principal and interest on three promissory notes dated June 25, 1921, November 25, 1921, and May 30, 1923, for the sums of Rs. 7,700, Rs. 1,700, and Rs. 2,600 respectively, and made by tile mortgagors in favour of the first named mortgagee and her husband. The second-named mortgagee is Ma Pwa May s son. His wife is the niece of Maung Po Saung, one of the mortgagors. The further consideration, making up the total sum of Rs. 20,000, is alleged to be a present advance of Rs. 6,236 in cash. The mortgage was registered on March 14, 1924-There is no doubt that at the date of this mortgage the mortgagors were heavily...

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Oct 15 1929 (PC)

Canadian General Electric Co. Ltd., Vs. Fada Radio Ltd.

Court : Privy Council

LORD WARRINGTON OF CLYFFE: The action in which the present appeal arises is one for the infringement of the Canadian Patent No. 208,583, the application for which was made on 17th September 1920. The application was made by the inventor, Ernest Alexanderson. The Patent was dated 15th February 1921, and was granted to the present appellants as assignees of Alexanderson. That the patent was infringed by the respondents is admitted, but they dispute its validity on several grounds, including those hereinafter specifically mentioned. The trial Judge Maclean in the Exchequer Court of Canada held that none of the grounds of defence was established, and on 14th April 1927, he pronounced a decree whereby it was declared and adjudged that the patent was valid and that it had bad been infringed by the respondents, and an injunction with ancillary relief, including an enquiry as to damages, was granted. The respondents appealed to the Supreme Court of Canada, who on 7th February 1928, made an ord...

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