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 Decisions

W. Risdale, Bengal Military orphan Press, 1858

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Página 491 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Página 241 - Section 1321. Words are to be taken in their ordinary grammatical sense, unless a clear intent to use them otherwise Is apparent, and that sense can be ascertained.
Página 372 - the being put in possession of that right whereof the party injured is deprived.
Página 379 - The clearest and most comprehensive definition of a disseizin, perhaps, is an actual, visible, and exclusive appropriation of land, commenced and continued under a claim of right, either under an openly avowed claim, or under a constructive claim arising from the acts and circumstances attending the appropriation to hold the land against him who was seized.
Página 169 - The defendant in the course of his pleadings has objected to the present suit, on the ground of want of power on the part of the plaintiff to institute it, we think, however, this objection untenable.
Página 388 - The Hindu female is rather in the position of an heir taking by descent, until a contingency happens, than an heir or devisee upon a trust by implication. Therefore a bill filed by the presumptive heir in succession against the immediate heir, who has succeeded by inheritance, must show a case approaching to spoliation...
Página 404 - The right of personal security consists in a person's legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation.
Página 370 - If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy; for want of right and want of remedy are reciprocal.
Página 324 - It is hereby certified that the said application is granted on the following grounds : — The suit is for resumption of land held by the defendants as rentfree.
Página 104 - There must be some consideration for the relinquishment of the residue ; something collateral, to show a possibility of benefit to the party relinquishing his further claim, otherwise the agreement is nudum pactum.

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