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 794
... objection to the decision not being filed with the petition of appeal , were restored to the list agreeably to the precedent cited , and the cases were remanded for trial on their merits , 6. An appeal from a moonsiff's decision having ...
... objection to the decision not being filed with the petition of appeal , were restored to the list agreeably to the precedent cited , and the cases were remanded for trial on their merits , 6. An appeal from a moonsiff's decision having ...
Page 804
... objection of counsel on this head was therefore of no weight.- Held also that the present suit was one on an open and unadjust- ed account . As , however , the principal sudder ameen had erroneously looked at it as one brought on an ...
... objection of counsel on this head was therefore of no weight.- Held also that the present suit was one on an open and unadjust- ed account . As , however , the principal sudder ameen had erroneously looked at it as one brought on an ...
Page 818
... objection to it , 3. Certain persons , against whom a summary decree for rent had passed , are not relieved from the effect of that decree , because on one occasion exccution had been withdrawn on a third party's volunteering payment ...
... objection to it , 3. Certain persons , against whom a summary decree for rent had passed , are not relieved from the effect of that decree , because on one occasion exccution had been withdrawn on a third party's volunteering payment ...
Page 837
... objection was taken , ... 6. Suit for possession of certain lands . Decision of lower court in favour of plaintiff ... objections put forth by the ( plaintiff ) appellant to the ameen's proceedings in execution , the suit is not barred ...
... objection was taken , ... 6. Suit for possession of certain lands . Decision of lower court in favour of plaintiff ... objections put forth by the ( plaintiff ) appellant to the ameen's proceedings in execution , the suit is not barred ...
Page 890
... objection was taken on the score of jurisdiction : and it was considered that , as the course of procedure was essentially the same whether the case came before the judge as an original suit or as an appeal , and no material injury to ...
... objection was taken on the score of jurisdiction : and it was considered that , as the course of procedure was essentially the same whether the case came before the judge as an original suit or as an appeal , and no material injury to ...
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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.