The Calcutta Law Reports of Cases Decided by the High Court, Calcutta, Also Judgments of H. M.'s Privy Council, 1877, Volume 7Brown & Company, 1899 - Law reports, digests, etc |
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Page 3
... proved . A pedigree has been put in , whereby it appears that , as far back as the year 1780 , the Watau , which had been resumed at that time by the Native Government , was conferred on or restored to one Gurushidappa ; but inas- much ...
... proved . A pedigree has been put in , whereby it appears that , as far back as the year 1780 , the Watau , which had been resumed at that time by the Native Government , was conferred on or restored to one Gurushidappa ; but inas- much ...
Page 6
... prove , not only the execution , but the bonâ fides of the transaction , and disbelieving the evidence on the latter ... proving primâ facie that the trans- action was valid as against defendant No. 2 , lay upon the plaintiff . * * * If ...
... prove , not only the execution , but the bonâ fides of the transaction , and disbelieving the evidence on the latter ... proving primâ facie that the trans- action was valid as against defendant No. 2 , lay upon the plaintiff . * * * If ...
Page 8
... proved not only the execution , but the bona fides of the transaction , and reversed the decision of the Subordinate Judge . The plaintiff then preferred this second appeal to the High Court . Baboo Umbica Churn Bose , for Appellant ...
... proved not only the execution , but the bona fides of the transaction , and reversed the decision of the Subordinate Judge . The plaintiff then preferred this second appeal to the High Court . Baboo Umbica Churn Bose , for Appellant ...
Page 10
... prove such mala fides . The Subordinate Judge appears to have disbelieved Huro Sun- dari for some reason or other . He appears also to have given little credit to the witnesses who gave formal proof of the exe- cution of the mortgage ...
... prove such mala fides . The Subordinate Judge appears to have disbelieved Huro Sun- dari for some reason or other . He appears also to have given little credit to the witnesses who gave formal proof of the exe- cution of the mortgage ...
Page 12
... that instrument on the ground of fraud , which he does not prove , was the Lower Appellate Court at liberty to dispose of plaintiffs ' suit on the ground that she had not completely made out the bona 12 [ VOL . VII , HIGH COURT.
... that instrument on the ground of fraud , which he does not prove , was the Lower Appellate Court at liberty to dispose of plaintiffs ' suit on the ground that she had not completely made out the bona 12 [ VOL . VII , HIGH COURT.
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Common terms and phrases
adopted alleged appeal application arrears award Baboo Bahadoor BARNES PEACOCK Bilaspur Bose challan Chowdhry Chunder CIVIL APPELLATE JURISDICTION claim co-parcener co-sharers Collector contended contract Coomar costs creditor DADA dated Dattaka Dayabhaga debt decided declared decree deed defendant dismissed District Judge Doorga entitled evidence execution fact father follows Full Bench GARTH Ghose ground held High Court Hindu Hindu Law Huro Indian Penal Code insolvent interest joint Judgment judgment-debtor Justice Kali Pershad Khan KOERI Lall land Lordships lower Appellate Court lower Court Magistrate matter Mitakshara Mohun Moonsiff Morgan and Forbes mortgage mouzah Nath opinion owner paid parties payment Penal Code person petitioner plaint plaintiff PONTIFEX possession PRINSEP Privy Council proceedings purchased question referred rent res judicata respondent SANNAI sapinda Sessions Judge share Singh Small Cause Small Cause Court sold Subordinate Judge tenant tenure tion widow witnesses
Popular passages
Page 180 - ... to him or some person through whom he claims by a person being in respect of the same estate or interest in...
Page 52 - In all cases of bailment the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed.
Page 203 - All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
Page 40 - Owner, or whereof he had taken upon him the Sale, Alteration, or Disposition as Owner, the same shall be deemed to be the Property of such Prisoner, so as to become vested in the Provisional Assignee of the said Court by the Order made in pursuance of this Act...
Page 437 - ... the bird in question was really a partridge? and yet it might as well be urged, in that case, that the magistrate had no jurisdiction unless the bird were a partridge, as it may be urged in the present case that he has none unless the machine be a boat. So in the case of a conviction for keeping dogs for the destruction of game without being duly qualified to do so; after the conviction had found that the offender kept a dog of that description, could he, in a civil action, be allowed to dispute...
Page 36 - In equity it is not necessary for the alienation of property that there should be a formal deed of conveyance. A contract for valuable consideration, by which it is agreed to make a present transfer of property, passes at once the beneficial interest, provided the contract is one of which a court of equity will decree specific performance. In the language of Lord Hardwicke, the vendor becomes a trustee for the vendee ; subject, of course, to the contract being one to be specifically performed.
Page 56 - The consideration or object of an agreement is lawful, unless — it is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies injury to the person or property of another; or the Court regards it as immoral, or opposed to public policy.
Page 180 - PROVIDED always, and be it further enacted, that when any acknowledgment of the title of the person entitled to any land or rent shall have been given to him or his agent in writing signed by the person in possession or in receipt of the profits of such land, or in receipt of such rent...
Page 206 - Every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent.
Page 322 - To suits to enforce the right to share in any property, moveable or immoveable, on the ground that it is joint family property ; and to suits for the recovery of maintenance, where the right to receive such maintenance is a charge on the inheritance of any estate —the period of twelve years from the death of the persons from whom the property alleged to be joint is said to have descended, or...