The Weekly Reporter: Appellate High Court, Band 18
D. E. Cranenburgh, 1892
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.
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Act VIII admitted Ainslie alleged Ameen amount annas application arrears Baboo Bahadoor Barnes Peacock cause of action Chowdhry Chunder chur Churn claim Collector Coomar dated decision passed declared decree decree-holder deed defendant defendant's dispute Doorga Doss entitled evidence execution F. A. Glover fact Full Bench Ghose Government ground held High Court Hindoo Hon'ble F. B. Kemp Hon'ble Sir Richard interest judgment judgment-debtor jurisdiction Kemp and F. A. Khan kubooleut Lall land lease lessee Lordships Lower Appellate Court lower Court Markby ment Milter Mitakshara Mohun Moonsiff mortgage mouzah Nath objection opinion paid parties payment Pershad person petitioner plaint plaintiff possession pottah Privy Council proceedings purchaser question Rajah recover referred rent Respondent revenue reversed rule rupees ryot share Singh Sir Richard Couch Small Cause Court special appeal Subordinate Judge Sudder taken talook tenure testator tion versus Weekly Reporter witnesses zemindar
Seite 439 - public policy' is intended that principle of the law which holds that no subject can lawfully do that which has a tendency to be injurious to the public or against the public good, which may be termed the policy of the law, or public policy in relation to the administration of the law...
Seite 83 - But they think that if he does so inquire, and acts honestly, the real existence of an alleged, sufficient, and reasonably credited necessity is not a condition precedent to the validity of his charge ; and they do not think that under such circumstances, he is bound to see to the application of the money.
Seite 469 - Court by which the decree was made for an order to set it aside ; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall...
Seite 159 - 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.
Seite xxxi - It appears to be now established that although a right to participate in the profits of trade is a strong test of partnership, and that there may be cases where, from such perception alone, it may, as a presumption, not of law but of fact, be inferred; yet that whether that relation does or does not exist must depend on the real intention and contract of the parties.
Seite 75 - ... exceptions which were taken to the decision of the inferior court, and there is no report of the arguments. Their lordships think, therefore, that that case cannot be treated as an authority sufficient to support the contention of the respondents ; and, on the whole, they think it their duty humbly to advise her Majesty to allow this appeal, and to order that the third article of the plaintiff's reply be rejected, and that there should be no costs of this appeal.
Seite 382 - Some reliance was placed on the statute, 28 & 29 Viet. c. 86, sect. 1, which enacts, that the advance of money to a firm upon a contract that the lender shall receive a rate of interest varying with the profits, or a share of the profits, shall not, of itself, constitute the lender a partner, or render him responsible as such.
Seite 381 - He is then properly estopped from denying the character he has assumed, and upon the faith of which creditors may be presumed to have acted. A man so acting may be rightly held liable as a partner by estoppel.
Seite 164 - It is a principle of natural equity, which must be universally applicable that, where one man allows another to hold himself out as the owner of an estate, and a third person purchases it, for value, from the apparent owner in the belief that he is the real owner, the man who so allows the other to hold himself out shall not be permitted to recover upon his secret title, unless he can overthrow that of the purchaser by showing, either that he had direct notice, or something which amounts to constructive...