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according Act VIII adopted AINSLIE alleged allowed amount application authority Baboo barred bond brought cause Chunder circumstances cited CIVIL claim clear Code consider contract costs course debt deceased decided decision decree defendant delivered directed dismissed District doubt effect entitled evidence execution fact follows further give given Government granted ground heir held High Court hold India interest issue judgment JURISDICTION Justice Lall land lease limitation lower Magistrate March matter meaning Moonsiff mortgage Nath necessary notice objection obtained opinion original paid parties passed payment person plaint plaintiff possession present Procedure proceedings provisions purchased question raised reason recover referred regard rent respect Respondent reversed rule seems separate share Singh sold special appeal Statement Subordinate Judge sufficient suit taken talook tion whole widow
Página 125 - ... the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Página 66 - The result of all the authorities is that the selection is finally a matter of conscience and discretion with the adopter, not of absolute prescription rendering invalid an adoption of one not being precisely him, who on spiritual consideration ought to have been preferred.
Página 73 - Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof aa destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".
Página 79 - I shall only observe, that whatsoever unlawfully annoys or doth damage to another is a nuisance; and such nuisance may be abated, that is, taken away or removed, by the party aggrieved thereby, so as he commits no riot in the doing of it.
Página 122 - ... against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of following in his or their hands such property or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time.
Página 339 - ... who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.
Página 541 - I decide in accordance with the current of authorities, that if the vendor of a chattel at the time of the sale either by words affirm that he is the owner, or by his conduct gives the purchaser to understand that he is such owner, then it forms part of the contract, and if it turns out in fact that he is not the owner, the consideration fails, and the money so paid by the purchaser can be recovered back.
Página 75 - In warrant cases, the Magistrate shall ascertain from the complainant, or otherwise, the names of any persons who may be acquainted with the facts and circumstances of the case, and who are likely to give evidence for the prosecution, and shall summon such of them to give evidence before him as he thinks necessary. The Magistrate shall also, subject to the provisions of section...
Página 540 - But if the conveyance has been actually executed by all the necessary parties, and the purchaser is evicted by a title to which the covenants do not extend, he cannot recover the purchase money either at law (£) or in equity (c).
Página 542 - ... possession, there is any assertion of an absolute title to sell, or only an assertion that the article has been pledged with him, and the time allowed for redemption has passed. On this question we are without any light from decided cases. In our judgment, it appears unreasonable to consider the pawnbroker, from the nature of his occupation, as undertaking anything more than that the subject of sale is a pledge and irredeemable, and that he is not cognizant of any defect of title to it.