Dharamal v Lord Holmpatrick and Others

• Jurisdiction: Ireland
• Judgment Date: 31 October 1935
• Date: 31 October 1935
• Docket Number: (1935. No. 1117.)
• Court: High Court (Irish Free State)

Dharamal v. Lord HolmPatrick and Others.

In the Matter of THE PUBLIC HOSPITALS ACT, 1933, and a Scheme thereunder for a Sweepstake on the Grand National Race, 1934, duly sanctioned by the Minister for Justice and of the Trusts of one-third of a prize for £686 5s. 6d. in favour of Shivdevi Dharamal; and in the Matter of THE TRUSTEE ACT, 1893; DHARAMAL, son of JAGANNATH PRASAD

Plaintiff

and

RIGHT HON. LORD HOLM-PATRICK AND OTHERS

Defendants.

(1935. No. 1117.)

Practice - Jurisdiction - Payment out of Court - Money the property of infant - Infant domiciled in Indore, India - Right of guardian to receive infant's money.

An infant domiciled in Indore, India, was absolutely entitled to a fund in Court, and by the law of the Indore State her father as legal guardian both of her person and property was entitled to receive and give legal discharges for all moneys coming to her during minority. The father applied for payment out of the fund to him for the benefit of the infant.

Held that the father was not entitled as of right to the fund, but that the Court must be satisfied by evidence that the fund was to be applied for the benefit of the infant and in what manner.

Accordingly the Court refused to pay out the corpus of the fund to the rather but made an order authorising payment of the income to the father for a period of seven years, to be used for the benefit of the infant.

Summary Summons.

A sweepstake was held on the Grand National Race, 1934, pursuant to the Public Hospitals Act, 1933, and a scheme thereunder. One, Dharamal, son of Jagannath Prasad, of 39 Juna Topkhana, Indore, purchased on behalf of his daughter, Shivdevi Dharamal, a third part or share in a ticket numbered LH69826 in the said sweepstake, and her name and the names of two other persons were inscribed upon the counterfoil of the said ticket as subscribers therefor. The said counterfoil drew a horse in the draw of the said sweepstake and, in the events that happened, Shevdevi became entitled to one-third share of a prize of £686 5s. 6d. with interest, amounting to £229 5s. 9d., payable by the defendants as the trustees in whose names the statutory deposits of prize moneys were made.

Dharamal and his daughter, Shevdevi, were natives of India and domiciled in Indore, Central India, and Shevdevi was an infant, having been born on the 30th day of November, 1928. The defendants paid into Court to the credit of the matter the sum of £216 13s. 9d., being one-third share of the said prize money after deduction of the costs of so doing, there being no person capable of giving a good and valid receipt and discharge for the said sum of £229 5s. 9d. On the 2nd March, 1935, Judge Amarnath Segal, Judge of the District Court of Indore, appointed Dharamal guardian of the person and property of Shevdevi, he having given security for the protection of the property and the safeguarding of the ward's interests. The order set out that Dharamal was...