The Bengal Law Reports of Decisions of the High Court at Fort William Civil and Criminal in Its Original and Appellate Jurisdictions: Privy Council Decisions on Indian Appeals : Orders and Rules of the High Court : and Revenue Circular Orders ...
Printed and Pub. for the Bengal Council of Law Reporting by Thacker, Spink & Company, 1873
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Abdool Kadir Act VIII adoption alleged amount application Arrah Baboo barred brought Bysack Calcutta cause of action Chowdhry Chunder Circular Order Civil Court claim Collector contended costs dated Dayabhaga debutter decision declared decree decree-holder deeds defendant diara dismissed dispute District Doorga Doss Dossee dower Dutt entitled evidence execution fact father foreclosure Ghose Government ground heirs held High Court Hindu law Hossein husband interest issue Jackson joint judgment judgment-debtor jurisdiction Justice Khajeh land Lordships Magistrate Maharajah Mahomed marriage matter Mohun Moore's I. A. mortgage Munsif Mussamut Nazir obtained opinion paid parties payment peon Pergunna person petition Phear plaint plaintiff pleader possession potta present suit Principal Sudder Ameen prisoner Privy Council proceedings purchase question Rajah Rammoney Ranee recover referred rent respondent revenue Richard Couch rule share Singh Small Cause Court special appeal Subordinate Judge talook unlawful assembly widow zemindar Zillah
446 페이지 - 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...
446 페이지 - But neither the judgment of a concurrent or exclusive jurisdiction is evidence of any matter which came collaterally in question, though within their jurisdiction, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument from the judgment.
166 페이지 - No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court of jurisdiction competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
127 페이지 - The court proceeds on the principle, that, as the transaction ought never to have taken place, the parties are to be placed as far as possible in the situation in which they would have stood if there had never been any such transaction.
275 페이지 - The property in the soil has been declared to be vested in the landholders, and the revenue payable to government from each estate has been fixed for ever.
169 페이지 - When a plaintiff claims an estate and the defendant, being in possession, resists that claim, he is bound to resist it upon all the grounds that it is possible for him according to his knowledge then to bring forward.
435 페이지 - Court from which either no appeal may have been preferred to Her Majesty in Council, or an appeal having been preferred no proceedings in the suit have been transmitted to Her Majesty in Council — and who, from the discovery of new matter or evidence which was not within his knowledge, or could not be adduced by him at the time when such decree was passed...
362 페이지 - I have to consider the second part of the section that the offence is to be such as the members of the unlawful assembly knew to be likely to be committed in the prosecution of the common object.
80 페이지 - BETWEEN SURETIES who are bound for the same principal, and upon his default, one of them is compelled to pay the money, or to perform any other obligation for which they all became bound.