Decisions of the Sudder Dewanny Adawlut, Recorded in English, in Conformity to Act XII, 1843, in 1845[-1861]: With Indexes of Names of Parties, and the Causes of Action, and Principal Points Touched Upon in the Decisions
W. Risdale, Bengal Military orphan Press, 1859 - Law reports, digests, etc
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
action admitted to special adoption affirming Alee alleged allowed amount application arrears asserted attached Baboo barred beegas brought cause certificate Chowdree circumstances claim collector COLVIN considered costs dated decided decision decree deed defendants determined dismissed enhanced entitled evidence execution existence fact favor filed Ghose given ground heirs held hold instituted interest issue judge judgment Khan land lease liable limitation lower court matter Messrs moonsiff notice objection Officiating opinion Opposite original paid parties passed payment period petition petitioner plaint plaintiff plea pleaded possession present principal sudder ameen proceedings proof proved purchase putnee question RAIKES reasons received recorded recover reference regarding Regulation rejected remanded rent respect respondents reversed rupees Sconce settlement share sold special appeal subsequent sued suit taken talook tenure tion urged Vakeel versus villages zemindar zillah
Page 806 - It is defined in the old books to be, the unlawful maintenance of a suit, in consideration of some bargain to have part of the thing in dispute, or some profit out of it...
Page 1572 - ... of interest, from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand, until the term of payment. Provided that interest shall be payable in all cases in which it is now payable by law.
Page 856 - ... for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances, or misfeasances, and omissions of duty, of his agent, in the course of his employment, although the principal did not authorize, or justify, or participate in, or, indeed, know of such misconduct, or even if he forbade the acts, or disapproved of them.
Page 957 - ... the principal is held liable to third persons in a civil suit for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances or misfeasances and omissions of duty of his agent in the course of his employment, although the principal did not authorize or justify or participate in, or, indeed, know of such misconduct, or even if he forbade or disapproved of them," and to sustain this he cites numerous authorities.
Page 891 - ... the settled rule of admission is now restricted to hearsay proceeding from persons who were de jure related by blood or marriage to the family in question, and who, consequently, may be supposed to have had the greatest Interest in seeking the best opportunity for obtaining, and the least reason for falsifying, information on the subject.
Page 1049 - And any suit brought against the certified purchaser on the ground that the purchase was made on behalf of another person, not the certified purchaser, though by agreement the name of the purchaser was used, shall be dismissed with costs.
Page 979 - Madras edition of 1865,) says expressly, that " stridhanam which has once devolved according to the law of succession which governs the descent of this peculiar species of property, ceases to be ranked as such, and is ever afterwards governed by the ordinary rules of inheritance ; for instance, property given to a woman on her marriage is...
Page 1129 - ... next male heirs in exclusion of all other heirs. As the defendant is unable to establish the existence of the alleged family custom, the decision of the lower court was reversed and a decree given for the (plaintiff) appellant. Whenever a plea of family custom is set off against the ordinary law of inheritance, it is necessary that usage be ancient and invariable, and be established by clear and positive proof.— Marginal Note to the above case decided on the 7th of June 1858— See SDARA Decisions...
Page 853 - Mutuwalli be hereditary, and he have a beneficial interest in the endowed property, such property must be considered as an heritable estate burdened with certain trusts, the proprietary right of which is vested in the...