An Analytical Digest of All the Reported Cases Decided in the Supreme Courts of Judicature in India: In the Courts of the Hon. East-India Company, and on Appeal from India, by Her Majesty in Council. Together with an Introduction, Notes, Illustrative and Explanatory, and an Appendix, Količina 1W. H. Allen and Company, 1852 |
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ABLE COMPANY action April arrears award Baboo Bahadoor Barlow Begbie Beng bond Calcutta Cartwright Chowdhree Chundur Circular Order Civil Courts claim Collector Colvin cree debt decision decree deed defendant Dick dismissed Doorga Dunbar evidence execution favour filed Ghose Government ground Hawkins heirs held Hindú law Ibid Jackson judgment July June jurisdiction Khan Kishen Lall lands Lower Court Lushington March ment mesne profits Mohun Moonsiff Moore Ind mortgage N. A. Rep námeh nonsuit party payment Petitioner plaint plaintiff plea possession Principal Sudder Ameen prisoner Privy Council purchaser Raee Rajah Reid rent revenue S. A. Decis S. D. A. Decis S. D. A. Rep S. D. A. Sum Sept share Sheikh Singh special appeal Sudder Dewanny Adawlut sued suit SUPREME COURTS Surma Tayler tenure Thompson tion Tucker widow Zamindar Zillah Judge
Priljubljeni odlomki
Stran 154 - 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...
Stran 301 - Mahomedan persuasion, or where one or more of the parties to the suit shall not be either of the Mahomedan or Hindu persuasions, the laws of those religions shall not be permitted to operate to deprive such party or parties of any property to which but for the operation of such laws they would have been entitled.
Stran 154 - But neither the judgment of a concurrent nor 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 from argument," The authority of this case it is believed has never been controverted.
Stran 170 - I regret to say that we are bound to consider the common law of England to be that an action may be maintained on a wager, although the parties had no previous interest in the question on which it is laid, if it be not against the interests or feelings of third persons, and does not lead to indecent evidence, and is not contrary to public policy.
Stran 273 - Upon an action of trover brought against the assignee of A. who had seized the goods, it appeared in evidence that a portion only of the goods was in the warehouse specified at the date of the sale, and that no part of the loan was paid on that day, the same being discharged by instalments a few days afterwards ; whereupon the judges of the supreme court held that there had been no valid transfer, and consequently no conversion, and gave an interlocutory judgment and verdict in accordance with such...
Stran 274 - H., placing his initials over that erasure, and returned it to the broker, who thereupon delivered it, so altered, to H. & Co. The broker delivered to C. & Co., on the following day, a bought note, which differed in certain material terms from the sold note. In an action brought by H . & Co.
Stran 73 - equal to the amount of six months' salary," directed by the 6 Geo. 4, c. 85, to be paid to the "legal personal representatives" of such judge, in case he shall die, in and after six months' possession of office, is a valid assignment, being a vested contingent interest in such judge : and not being payable during the lifetime of the judge, is not an assignment of salary, within the 5 & 6 Edw.
Stran 274 - C's alteration of the sold note and affixing his initials, were not sufficient to make that note, alone, a binding contract; and that there being a material variation in the terms of the bought note with the sold note, they together did not constitute a binding contract.
Stran 64 - ... with their exclusive trade, under certain limitations for establishing further Regulations for the government of the said territories, and the better administration of Justice within the same ; for appropriating to certain uses the revenues and profits of the said Company ; and for making provision for the good order and government of the towns of Calcutta, Madras and Bombay...