The Calcutta Law Reports of Cases Decided by the High Court, Calcutta, Also Judgments of H. M.'s Privy Council, 1877, 4권Brown & Company, 1879 |
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Act VIII adopted AINSLIE alienation alleged annas application Aushootosh Day Baboo Bahadoor Botul charge Charroo Charter-party Chowdhry Chunder Ghose Churn CIVIL APPELLATE JURISDICTION claim co-parceners contended contract Dayabhaga death debts deceased decision decree decree-holder deed defendant dismissed dispute District Judge Doorga Doss Dossee Dutt entitled evidence execution executors fact following judgment Full Bench GARTH grant GREENDER ground haut heir held High Court Hindu Law Hori Dasi Indian Penal Code interest JACKSON judgment-debtor Judicial Commissioner kabuliut Kishore Lall Singh land liable limitation Lordships lower Court Mackintosh Magistrate Maharajah mesne profits Mitakshara MITTER Mohun Moonsiff mortgage Mouzah MUSSAMUT Narain Nath opinion parties payment Pershad person plaint plaintiff PONTIFEX possession prisoner Privy Council Procedure Code proceedings provisions purchaser question Rajah Ram Lall referred rent respondents Sahai section 518 Sewbux Shahabad share Singh Small Cause Court sold Sreemutty Subordinate Judge suit Surruth taken tenure testator tion widow
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233 페이지 - William, one coparcener had not authority without the consent of his co-sharers to mortgage his undivided share in a portion of the joint family estate, in order to raise money on his own account, and not for the benefit of the family.
236 페이지 - ... under a sale in execution of a decree for the father's debt, his sons, by reason of their duty to pay their father's debts, cannot recover that property, unless they show that the debts were contracted for immoral purposes, and that the purchasers had notice that they were so contracted ; and 2ndly.
206 페이지 - ... the same shall be assets to be administered in courts of equity for the payment of the just debts of such persons, as well debts due on simple contract as on specialty...
232 페이지 - Mitakshara law) ; and the law as established in Madras and Bombay has been one of gradual growth, founded upon the equity which a purchaser for value has to be allowed to stand in his vendor's shoes, and to work out his rights by means of a partition.
240 페이지 - ... annas of Mouzah Bissumbhurpore, which had formerly belonged to Adit Sahai in his lifetime ; and their Lordships are of opinion that, notwithstanding his death, the respondents are entitled to work out the rights which they have thus acquired by means of a partition.
238 페이지 - A purchaser under an execution is surely not bound to go back beyond the decree to ascertain whether the Court was right in giving the decree, or, having given it, in putting up the property for sale under an execution upon it.
175 페이지 - Probate of a will when granted establishes the will from the death of the testator, and renders valid all intermediate acts of the executor as such.
26 페이지 - It is, indeed, in the discretion of the court to bail a person so circumstanced. But discretion, when applied to a court of justice, means sound discretion guided by law. It must be governed by rule, not by humor; it must not be arbitrary, vague, and fanciful; but legal and regular.
236 페이지 - That where joint ancestral property has passed out of a joint family, either under a conveyance executed by a father in consideration of an antecedent debt, or in order to raise money to pay off an antecedent debt, or under a sale in execution of a decree for the father's debt, his sons, by reason of their duty to pay their father's debts, cannot recover that property, unless they shew that the debts were contracted for immoral purposes, and that the purchasers had notice that they were so contracted...
440 페이지 - ... an advantage in proceeding in a Court of ordinary jurisdiction, which must necessarily make that Court an instrument of injustice, a Court of Equity...