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 DecisionsW. Risdale, Bengal Military orphan Press, 1859 - Law reports, digests, etc |
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Page 814
... application in execution , ... 2. Held , on precedent of 20th June 1857 , page 1167 , that the custom has invariably been to allow execution to proceed , pro- vided the application is made within 12 years from the date of the last ...
... application in execution , ... 2. Held , on precedent of 20th June 1857 , page 1167 , that the custom has invariably been to allow execution to proceed , pro- vided the application is made within 12 years from the date of the last ...
Page 850
... application of the law of limitation , 26. Plea raised in special appeal , upon the point of limitation , disallowed , as the action was protected by the pendency of a previous suit for the same matter , which had been nonsuited ...
... application of the law of limitation , 26. Plea raised in special appeal , upon the point of limitation , disallowed , as the action was protected by the pendency of a previous suit for the same matter , which had been nonsuited ...
Page 874
... application for special appeal , the lower appellate court having erroneously declined to try a particular issue , 23. Order of remand on application for special appeal , as a deed had been set aside in toto without sufficient inquiry ...
... application for special appeal , the lower appellate court having erroneously declined to try a particular issue , 23. Order of remand on application for special appeal , as a deed had been set aside in toto without sufficient inquiry ...
Page 876
... application for special appeal , that the judge , who had dismissed the appeal on failure to put in certain proof , might dispose of the case on the evidence on the record , ... 47. Remand on application for special appeal , as the ...
... application for special appeal , that the judge , who had dismissed the appeal on failure to put in certain proof , might dispose of the case on the evidence on the record , ... 47. Remand on application for special appeal , as the ...
Page 879
... application for special appeal , as the lower courts had overlooked an objection of petitioners , defend- ants , in their answer in this suit , relating to an excess quantity of land claimed by special respondents , 81. Case remanded ...
... application for special appeal , as the lower courts had overlooked an objection of petitioners , defend- ants , in their answer in this suit , relating to an excess quantity of land claimed by special respondents , 81. Case remanded ...
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Other editions - View all
Common terms and phrases
admit the special alleged Ameer Alee appeal to try Application for review arrears B. J. COLVIN Bahadoor Beebee beegas C. B. TREVOR Chowdree collector costs Dassee dated Debea decision deed defendants dismissed dispossessed dispute Doorga entitled evidence execution favor filed following certificate recorded ground H. T. RAIKES H. V. BAYLEY heirs held Hossein issue J. H. PATTON J. S. Torrens jumma Khan Kishenkishore Ghose kubooleut lakhiraj land lease LOCH lower court Mahomed mesne profits Mookerjea moonsiff Moulvee Musst Mymensingh nonsuited Officiating Judges petitioner plaint plaintiff plea pleaded pleader possession potta present principal sudder ameen proof proved purchase putnee R. T. Allan Raja Ramapersad Roy recorded by Messrs reference Regulation rejected remanded rent reversed Review of Judgment rupees Section settlement Shumbhoonath Pundit Singh special appeal sued suit Surma talook tenure Vakeels of Appellant-Baboos Vakeels of Respondents-Baboos versus villages wasilat zemindar zillah judge
Popular passages
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...
Page 1075 - I decline to reverse the decision of the Court below, and dismiss the appeal with costs.