Madras High Court, in their judgment, considered the decision of the Privy Council in Raghunath Singh v. Hansraj Kunwar ... different High Courts and also by the Judicial Committee of the Privy Council. Strong reliance was placed on behalf of the mortgagees on the decision
right it seems to be clear from the decision of the Privy Council itself that such a division of interest would not satisfy the requirement ... redundant to retain it. In my
judgment, the decision of the Privy Council definitely establishes that if there is merely a division in status without
such powers. A recent decision of their Lordships of the Privy Council has left no doubt whatsoever on this question, In Jairam Das v. King ... subsidiary to that provision.
This dictum of their Lordships of the Privy Council is binding upon this Court. I can think of only two other
advantage received under the void contract. In repelling this contention the Privy Council observed as follows:
"It is sufficient to say that this section ... same position as a minor & the observations of the Privy Council in Mohori Bibi's case applied & precluded the application of Section
fully covered by a decision of their Lordships of the Privy Council in the case of Subrahmania Ayyar v. King Emperor ... Code. In the course of the judgment, however, referring to the Privy Council cases of Subramania Ayyar
till now, we have had no right of appeal to the Privy Council.
Our courts are supreme. The High Court of Travancore exercises the same ... extensive powers in respect of that State as the Privy Council in relation to
the provinces of India. Now conditions are changing and they must
math. In the face of these two "decisions of the Privy Council, it is impossible to accept Vedakannu Nadar v. Ranganatha Mudaliar ... accurate to say that, in the Privy Council cases above referred to,
there was no question about who should hold office
that the case was directly governed by the ruling of the Privy Council in Venkayamma v. Venkataramanayamma ... that rule.
9. This case went up in appeal to the Privy Council and the decision of the High Court was reversed by the Judicial
authorised by the Indian Councils Act, 1861. Their Lordships of the Privy Council repelled this contention, observing that the proper Legislature, namely, the Governor. General ... electors of counties and cities. Their Lordships of the Privy Council dealt with this contention in the following language ;
"The short answer to this
Their Lordships of the Privy Council, after saying that a legislation dealing with a subject in one List may touch upon a subject in another ... rest by the decision of their Lordships of the Privy Council in Matthen and Ors. v. District Magistrate of Trivandrum