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, 1860 |
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Términos y frases comunes
admitted to special adopted alleged arrears Baboos Ramapersad Roy Baboos Shumbhoonath Pundit Bahadoor Banerjee Beebee beegahs Bhadro C. B. TREVOR Chowdhree chur collector costs Dassee dated Debea debt decision decree of Baboo decree-holder defendant defendant's dismissed dispossession dispute entitled evidence execution favor filed following certificate recorded ground H. T. RAIKES H. V. BAYLEY heirs held Hindoo law Hossein issue J. H. PATTON judge's judgment judgment debtor Kalonas Khan kuboolyut land lease liable LOCH lower court Mahomed Mitter Mookerjee Moonshee Ameer Alee moonsiff mortgage Moulvee Musst nonsuited Officiating Judge payment petition petitioner plaint plaintiff plea pleaded pleader possession pottah principal sudder ameen proof proved purchased putnee putneedar R. T. Allan Rajah recorded by Messrs Regulation remanded rent Respondents reversed SCONCE share Singh special appeal statute of limitations sued Surma Syud talook tenure tiff tion urged versus village wasilat widow zemindar zillah judge
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Página 161 - 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, —In all such cases a court of equity will refuse relief, upon the ground of lapse of time, and its inability to do complete justice. This doctrine will apply even to cases of express trust, and a fortiori it will apply with increased strength to cases...
Página 431 - their lordships think that the lender is bound to enquire into the necessities for the loan, and to satisfy himself, as well as he can with reference to the parties with whom he is dealing, that the manager is acting in the particular instance for the benefit of the estate.
Página 431 - It can only be exercised rightly in a case of need or for the benefit of the estate. But where, in the particular instance, the charge is one that a prudent owner would make in order to benefit the estate, the bnn&fide lender is not affected by the precedent mismanagement of the estate. The actual pressure on the estate, the danger to be averted, or the benefit to be conferred upon it, in the particular instance, is the thing to be regarded.
Página 363 - ... or declarations at the time when it was completed, or afterwards, as it would tend in many instances to substitute a new and different contract for the one which was really agreed upon, to the prejudice, possibly, of one of the parties, is rejected.
Página lxxi - When, therefore, the existence of a person, a personal relation, or a state of things is once established by proof, the law presumes that the person...
Página liv - But they think that if he does not so enquire and acts honestly, the real existence of an alleged sufficient and reasonably credited necessity is not a condition precedent to the validity of his charge, and they do not think that under such circumstances he is bound to see to the application of the money.
Página xxiii - a deed may be avoided on the grounds of fraud, but then the objection must come from a •person neither party nor privy to it, for no man can allege his own fraud in order to invalidate his own deed ". This decision has, however, been commented on by Taylor in his
Página 213 - Courts, ultimate loss of them as to the heirs who may succeed eventually will ensue from the conduct of the tenant in tail in possession of the property, and with a view of remedying, or rather of preventing, such loss, this Court should step in and appoint a receiver to take charge of the estate. The proof, though inferential, must be clear and cogent ; and unless the evidence lead inevitably to the conclusion that the heirs will be damnified if she be left in possession, the widow should not be...
Página 363 - ... parol testimony cannot be received to contradict, vary, add to, or subtract from, the terms of a valid written instrument (i).
Página 525 - ... on the day fixed for the sale, and should the amount lodged be sufficient, the sale shall not proceed, but after making good to the zemindar the amount of his demand, any excess shall be paid back to the person or persons who may have lodged it. XIV. First. Should the balance claimed by a zemindar, on account of the rent of any under-tenure, remain unpaid „ upon the day fixed for the sale of the tenure, 16 the sale shall be made without reserve, in the manner provided for in Sections ix.