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adopted agreement alleged amount annuity Appellant Appellant's award Bahadoor Begum Bengal Bombay Bond Calcutta circumstances claim Collector costs Council death debt deceased decision decree deed Defendant dismissed dispute Dossee East India Company entitled evidence executed father favour filed fund Government grant ground heir Hindoo law husband Insolvent interest Jaghire Judge judgment jurisdiction Khan lands late Rajah leave to appeal Lord Kingsdown Lordships Madhoo Madras Maharajah marriage Moore's Ind mortgage Noor Jehan opinion Order in Council paid Parsees parties payment Pergunnah Pershad persons Pestonjee petition plaint Plaintiff possession present Principal Sudder Ameen Privy Council proceedings proved purchase Purtab Syn question Rajah Ranee Regulation respect Respondent river Hooghly Singh Sir Edward Ryan Sudder Court Sudder Dewanny Adawlut Sudder Dewanny Court suit Supreme Court Talook Tanjore Testator Tora garas villages widow witnesses Zemindar Zemindary Zillah Court
313 페이지 - established as a general principle that interest is allowed by law only upon mercantile securities, or in those cases where there has been an express promise to pay interest, or where such promise is to be implied from the usage of trade or other circumstances." Interest is not allowed at Common Law, Walker
147 페이지 - bona 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, in the particular instance, or the criteria to be regarded. If that danger arises from any misconduct to which the
244 페이지 - same manner in all respects as if such offence had been wholly committed within the jurisdiction of the Court within the jurisdiction of which such offender shall be apprehended or be in custody.' The section here again reverts to the language of section 8 of the
9 페이지 - at or before the execution of these presents, the receipt whereof is hereby acknowledged as well by these presents as by the receipt for the same hereupon endorsed, and which said sum of money is hereby declared and agreed by all and every the parties hereto to be the sole, absolute, and proper moneys of
147 페이지 - A lender, however, in such circumstances, is bound to inquire into the necessities of 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. If he does inquire, and acts honestly,
148 페이지 - the real existence of an alleged and reasonably-credited necessity is not a condition precedent to the validity of his charge, which renders him bound to see to the application of the money. The mere creation of a charge by a Manager securing a proper debt, is not to be viewed as an improvident act ; and a
247 페이지 - territories under the Government of the said United Company, in the same manner in all respects as if such offence had been wholly committed within the jurisdiction of the Court within the jurisdiction of which such offender shall be apprehended or be in custody.
159 페이지 - law, a limited and qualified power. 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 bona fide lender is not affected by the precedent mismanagement of the estate.