The Oudh Cases: Reports of Important Decisions of the Court of the Judicial Commissioner of Oudh, of the Chief Court of Oudh and of the Judicial Committee of the Privy Council on Appeal from Oudh, 1권C. M. Dayal, 1904 |
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Act XVIII alleged amount appellate Court application arrears of rent Babu Bahadur Singh Bakhsh Begam BLENNERHASSETT Calc CHAMIER Civil Court Civil Procedure Code claim co-sharers Code of Civil cultivator custom dated Dayal deceased decided decision declaration decree decree-holder deed defendant Deputy Commissioner dismissed District Judge entitled evidence execution favour Fyzabad grove held Husain Ishak Khan Jang Bahadur judgment judgment-debtor Judicial Commissioner jurisdiction Khan khewat Kuar Kuer land learned lease lower appellate Court lower Court Lucknow mauza mesne profits misjoinder Mohammad Mohammad Nasim mortgage mortgagor Munsif Musammat Mussammat Bhagana Narain Nath opinion Oudh Rent Act parties payable Pershad person plaint plaintiff possession pre-emptor Privy Council proceedings profits proprietor question Rae Bareli Raja Ranjit Singh record referred respondent Revenue right of pre-emption rule SECOND CIVIL APPEAL Settlement Officer share Sheo Sheoraj Subordinate Judge sued suit talukdar tenant tion transfer trees under-proprietor vendor village Wajib-ul-arz
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221 페이지 - ... who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.
79 페이지 - If any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object is unlawful, the agreement is void.
57 페이지 - Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief...
313 페이지 - If any person, by a course of conduct, or by actual expressions, so conducts himself that another may reasonably infer the existence of an agreement or license, whether the party intends that he should do so or not, it has the effect that the party using that language, or who has so conducted himself, cannot afterwards gainsay the reasonable inference to be drawn from his words or conduct.
314 페이지 - If a person having a right, and seeing another person about to commit or in the course of committing an act infringing upon that right, stands by in such a manner as really to induce the person committing the act, and who might otherwise have abstained from it, to believe that he assents to its being committed, he cannot afterwards be heard to complain of the act. This, as Lord Cottenham said in the case already cited, is the proper sense of the term acquiescence...
68 페이지 - ... the relief stands upon a general principle, applying to all the variety of relations in which dominion may be exercised by one person over another...
265 페이지 - Effect of fraud. kept from the knowledge of such right, or of the title on which it is founded, or where any document necessary to establish such right has been fraudulently concealed from him, the time limited for instituting a suit or making an application (a) against the person guilty of the fraud or accessory thereto, or (b) against any person claiming through him otherwise than in good faith and for a valuable consideration...
137 페이지 - ... the language of the instrument is such as the Court does not understand, it is competent to receive evidence of the proper meaning of that language, as when it is written in a foreign tongue ; but, it is also competent, where technical words or peculiar terms, or indeed any expressions are used, which, at the time the instrument was written, had acquired an appropriate meaning either generally or by local usage, or amongst particular classes.
314 페이지 - I am of opinion that, generally speaking, if a party having an interest to prevent an act being done has full notice of its having been done, and acquiesces in it, so as to induce a reasonable belief that he consents to it, and the position of others is altered by their giving credit to his sincerity, he has no more right to challenge the act to their prejudice than he would have had if it had been done by his previous license.
283 페이지 - Suit ; that it gives no better Right, having no Effect with reference to any beneficial Result against the Plaintiff in that Suit ; and it is very reasonable, that the litigating Parties should be exempted from the Necessity of taking Notice of a Title, acquired under such Circumstances. With regard to them it is as if it had never existed : otherwise Suits would be indeterminable ; if one Party pending the Suit could by conveying to others create a Necessity for introducing new Parties. The voluntary...