The Weekly Reporter: Appellate High Court, Volume 9D. E. Cranenburgh, 1891 - India Containing decisions of the Appellate High Court in all its branches, viz., in civil, revenue and criminal cases, as well as in cases referred by the Calcutta and Mofussil Small Cause Courts and the Recorders' Courts; together with rules and the civil and criminal circular orders issued by the High Court, and circular orders of the Board of Revenue; also decisions of Her Majesty's Privy Council in cases heard in appeal from courts of British India. |
Other editions - View all
Common terms and phrases
Act VIII Act XIV admitted alleged amount application arrears attachment Baboo Banerjee Barnes Peacock beegahs cause of action Chief Justice chur Civil Court claim Clause costs dated debt debtor decision passed declared decree decree-holder deed defendant defendant's Deputy Collector dismissed District Doorga Doss entitled evidence execution fact Full Bench Ghose Government grant ground heirs held High Court Hindoo Hobhouse Hon'ble H. V. Bayley Hon'ble Sir Barnes J.-THIS Judge judgment judgment-debtor jumma jurisdiction Kishen kubooleut Lall land lease liable limitation Loch Lower Appellate Court Lower Court Macpherson ment mesne-profits Mitakshara Mohun Moonsiff mortgage Mymensingh opinion order passed parties payment person plaint plaintiff pleader possession pottah present Principal Sudder Ameen Privy Council proceedings prove purchaser question recover referred Regulation XIX remand rent rent-free Respondents revenue reversed Rupees ryots Section Singh Small Cause Court special appeal sued suit talook tion versus Weekly Reporter widow zemindar Zillah
Popular passages
Page 75 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his servants and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence in the absence of explanation by the defendant that the accident arose from want of care.
Page 108 - It seems to us, therefore, that the party entering into possession under such an instrument, is in the same position as that in which he would have been before the acts.
Page 233 - ... shall indemnify him from whatever loss he may sustain by reason of incurring an obligation together with the principal. It is on a contract for indemnity that the surety becomes liable for the debt. It is by virtue of that situation, and, because he is under an obligation as between himself and the creditor of his principal, that he is enabled to make the arrangement with that creditor. It is his duty to make the best terms he can for the person in whose behalf he is acting. His contract with...
Page 390 - No action or proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make binding declarations of right whether any consequential relief is or could be claimed or not.
Page 529 - it shall be proved that the rent at which land is held by a ryot in the said provinces, has not been changed for a period of twenty years before the commencement of the suit, it shall be presumed that the land has been held at that rent from the time of the permanent settlement, unless the contrary be shown, or unless it be proved that such rent was fixed at some later period.
Page 518 - I do not concur with the decision which has been referred to (w), in which it is said that " in the absence of evidence to the contrary, it must be assumed that the price received by the father became a part of the assets of the joint family.
Page 522 - ... assumpsit for money had and received by the defendant to the plaintiff's use...
Page 62 - It is settled tbat whatever is acquired at the charge of the patrimony is subject to partition.
Page 412 - No process of execution shall issue from any Court not established by Royal Charter to enforce any judgment, decree, or order of such Court, unless some proceeding shall have been taken to enforce such judgment, decree, or order, or to keep the same in force, within three years next preceding the application for such execution.
Page 15 - By the ancient law of the country, the ruling power is entitled to a certain proportion of the produce of every bigha of land (demandable in money or kind, according to local custom...