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 |
From inside the book
Results 1-5 of 100
Page 783
... court summons a witness under Section XXXV . Act XIX . of 1853 , the court should advance the expenses necessary for ... lower court considered that , as defendants failed to appear as witnesses , the suit should , as of course , be ...
... court summons a witness under Section XXXV . Act XIX . of 1853 , the court should advance the expenses necessary for ... lower court considered that , as defendants failed to appear as witnesses , the suit should , as of course , be ...
Page 789
... lower appellate court had dismissed the petitioner's suit in toto , notwithstanding admission of a balance of rupees 155-1-8 and non - proof of a remission of rupees 100 pleaded by special respondent . Judgment modified accordingly ...
... lower appellate court had dismissed the petitioner's suit in toto , notwithstanding admission of a balance of rupees 155-1-8 and non - proof of a remission of rupees 100 pleaded by special respondent . Judgment modified accordingly ...
Page 791
... lower court . Held on special appeal that it was not competent to the principal sudder ameen , under the circumstances , to admit the appeal of a third party not before the court , to set aside the decision of the lower court in favour ...
... lower court . Held on special appeal that it was not competent to the principal sudder ameen , under the circumstances , to admit the appeal of a third party not before the court , to set aside the decision of the lower court in favour ...
Page 792
... court of first instance . The case remanded to the principal sudder ameen to try the appeal irrespective of the ... lower courts ; and that , where a plaintiff does not appeal against the order of a court dismissing part of his claim ...
... court of first instance . The case remanded to the principal sudder ameen to try the appeal irrespective of the ... lower courts ; and that , where a plaintiff does not appeal against the order of a court dismissing part of his claim ...
Page 793
... lower courts , 15. In a suit for arrears awarded by the first court to plaintiff on the merits of the claim , held that it was incompetent to the lower appellate court to nonsuit the plaintiff on the ground of under - valuation of the ...
... lower courts , 15. In a suit for arrears awarded by the first court to plaintiff on the merits of the claim , held that it was incompetent to the lower appellate court to nonsuit the plaintiff on the ground of under - valuation of the ...
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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.