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 Decision, Part 2W. Ridsdale, Bengal Military Orphan Press, 1861 - Law reports, digests, etc |
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Common terms and phrases
acquired admitted alleged annas share Bahadoor beegahs Begum Benares Bengal Bhadro brother C. B. TREVOR Chardon Choitro Chowdhry civil court claim dated death decision declaration decree deed of gift deed of partition defendant defendant's deputy collector dismissed dispute document Doorga Doorgadoss dower entitled evidence executed father favor filed grandfather grandsons Groodoss Roy guardian H. T. RAIKES held Hossein Hurnath ikrar issue Jessore Judge Kallee Kalleesunker Kalleesunker's Kartick Kishenkishore Ghose laid at Co.'s lands lease mehal mesne profits mokurruree Mookerjee Mozoomdar Natore nirdistinamah Nurail parties Pergunnah petition plaintiff pleaded possession pottah present suit principal sudder ameen proceedings proof proprietor purchased Radhachurn Raja Ramapersaud Roy Ramnarain and Joynarain Ramnidhi Ramruttun Roy registered Regular appeal rent Respondents resulting trust Roopaput Roopram rupees Ryechurn secret trust Sekunder settlement Solano sons Sudder Court sued Suit laid Sumbhoonath Pundit sunker talook Telihatti tion transaction trust versus witnesses zemindar
Popular passages
Page 70 - The rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things, as existing at the, same time...
Page 115 - Touchstone, that in order to constitute the delivery of a writing as an escrow, it is not necessary it should be done by express words, but you are to look at all the facts attending the execution, — to all that took place at the time, and to the result of the transaction ; and therefore, though it is in form an absolute delivery, if it can reasonably be inferred that it was delivered not to take effect as a deed till a certain condition was performed, it will nevertheless operate as an escrow.
Page 181 - ... on the part of the guardian. . For in all such cases the relation is still considered as having an undue influence upon the mind of the ward, and as virtually subsisting, especially if all the duties attached to the situation have not ceased, as if the accounts between the parties have not been fully settled, or if the estate still remains in some sort under the control of the guardian'": 1 259 Story's Equity, sec.
Page 166 - Every manager of the estate of a lunatic appointed as aforesaid may exercise the same powers in the management of the estate as might have been exercised by the proprietor if not a lunatic...
Page 164 - Act for making better provision for the care of the persons and property of minors in the Presidency of Fort William in Bengal.
Page 69 - ... erroneous. I have paid very great attention to this case, which I am especially bound to do, differing as I do from the decision of the LORD CHANCELLOR, believing the true rule in equity to be that which I have stated. The only ground on which I understand the decision was rested was this, that where a man having an interest in property stands by and sees another man dealing with that property, as owner, with another person who is ignorant of the want of title in the *person with whom he is dealing,...
Page 77 - But when the trust relation is repudiated, or time <and long acquiescence have obscured the nature and character of the trust, or the acts of the parties or other circumstances give rise to presumptions unfavorable to its continuance, in all such cases a court of equity will refuse relief on the ground of lapse of time, and its inability to do complete justice.
Page 77 - ... the origin and existence of a trust, the principles of justice and the interests of mankind require that the lapse of time should not enable those who are mere trustees to appropriate to themselves that which is the property of others...
Page 167 - Certificate to the Public Curator or any other person as the case may be, and may compel the person whose Certificate has been recalled to make over the property in his hands to his successor, and account to such successor for all moneys received and disbursed by him.
Page 77 - But where this relation is no longer admitted to exist, or time and long acquiescence have obscured the nature and character of the trust, or the acts of the parties or other circumstances give rise to presumptions unfavorable to Its continuance...