The English Reports: Privy Council (including Indian appeals) (1809-1865), Volume 19W. Green, 1902 - Law reports, digests, etc |
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Page 17
... possession of property , as belonging to the party against whom the process issued , and such property is claimed by a third person , the mode of trying the right is in the discretion of the Court . Empringham v . Short ( 3 Hare , 461 ) ...
... possession of property , as belonging to the party against whom the process issued , and such property is claimed by a third person , the mode of trying the right is in the discretion of the Court . Empringham v . Short ( 3 Hare , 461 ) ...
Page 19
... possession had ever been delivered ; but that , in truth , the alleged purchase and possession had been simulated for the purpose of defeating the sequestration and the claim of creditors in the suit which was then pending , and in ...
... possession had ever been delivered ; but that , in truth , the alleged purchase and possession had been simulated for the purpose of defeating the sequestration and the claim of creditors in the suit which was then pending , and in ...
Page 62
... possession of a moiety of the above Raj . He claimed by inheritance through his father , Gobind Singh , who was one of the four surviving sons of Madhoo Singh , and who was , up to the 18th of June , 1807 , in possession of the Raj as ...
... possession of a moiety of the above Raj . He claimed by inheritance through his father , Gobind Singh , who was one of the four surviving sons of Madhoo Singh , and who was , up to the 18th of June , 1807 , in possession of the Raj as ...
Page 67
... possession , and remain in quiet possession according to the terms of that deed . With respect , therefore , to this instrument , and to the fact of its having been made , of its being considered valid , and carried into execution , at ...
... possession , and remain in quiet possession according to the terms of that deed . With respect , therefore , to this instrument , and to the fact of its having been made , of its being considered valid , and carried into execution , at ...
Page 68
... possession of Pergunnah Jedee , and was then in possession under the terms of that deed ; that he had , therefore , asented to the deed , and was bound by the whole effect of it . That judgment was pronounced on the 22nd of June , 1814 ...
... possession of Pergunnah Jedee , and was then in possession under the terms of that deed ; that he had , therefore , asented to the deed , and was bound by the whole effect of it . That judgment was pronounced on the 22nd of June , 1814 ...
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Common terms and phrases
adopted agreement alleged amount annuity Appellant Appellant's award Bahadoor Begum Bengal Bombay Bond Calcutta circumstances claim Collector costs Council death debt deceased decision decree deed Defendant dismissed dispute Dossee East India Company entitled evidence executed father favour filed fund Government grant ground heir Hindoo law husband Insolvent interest Jaghire Judge judgment jurisdiction Khan lands late Rajah leave to appeal Lord Kingsdown Lordships Madhoo Madras Maharajah Moore's Ind mortgage Noor Jehan opinion Order in Council paid Parsees parties payment Pergunnah Pershad persons Pestonjee petition plaint Plaintiff possession present Principal Sudder Ameen Privy Council proceedings proved purchase Purtab Syn question Rajah Ranee Regulation respect Respondent revenue river Hooghly Singh Sir Edward Ryan Sudder Court Sudder Dewanny Adawlut Sudder Dewanny Court suit Supreme Court Talook Tanjore Testator Tora garas villages widow witnesses Zemindary Zillah Court
Popular passages
Page 313 - established as a general principle that interest is allowed by law only upon mercantile securities, or in those cases where there has been an express promise to pay interest, or where such promise is to be implied from the usage of trade or other circumstances." Interest is not allowed at Common Law, Walker
Page 132 - that now subsisting, by virtue of the several Acts before mentioned, at Fort William in Bengal, enacts, by section 7, ' that it shall and may be lawful for His Majesty, his Heirs and Successors, by Charter or Letters Patent under the Great Seal,
Page 147 - bona fide lender is not affected by the precedent mismanagement of the estate. The actual pressure on the estate, the danger to be averted, or the benefit to be conferred, in the particular instance, or the criteria to be regarded. If that danger arises from any misconduct to which the
Page 244 - same manner in all respects as if such offence had been wholly committed within the jurisdiction of the Court within the jurisdiction of which such offender shall be apprehended or be in custody.' The section here again reverts to the language of section 8 of the
Page 9 - at or before the execution of these presents, the receipt whereof is hereby acknowledged as well by these presents as by the receipt for the same hereupon endorsed, and which said sum of money is hereby declared and agreed by all and every the parties hereto to be the sole, absolute, and proper moneys of
Page 147 - A lender, however, in such circumstances, is bound to inquire into the necessities of the loan, and to satisfy himself as well as he can, with reference to the parties with whom he is dealing, that the Manager is acting in the particular instance for the benefit of the estate. If he does inquire, and acts honestly,
Page 148 - the real existence of an alleged and reasonably-credited necessity is not a condition precedent to the validity of his charge, which renders him bound to see to the application of the money. The mere creation of a charge by a Manager securing a proper debt, is not to be viewed as an improvident act ; and a
Page 247 - territories under the Government of the said United Company, in the same manner in all respects as if such offence had been wholly committed within the jurisdiction of the Court within the jurisdiction of which such offender shall be apprehended or be in custody.
Page 159 - law, a limited and qualified power. It can only be exercised rightly in a case of need, or for the benefit of the estate. But where, in the particular instance, the charge is one that a prudent owner would make, in order to benefit the estate, the bona fide lender is not affected by the precedent mismanagement of the estate.
Page 86 - 28, to India, it was enacted, " That upon all debts or sums certain, payable at a certain time, the Court before whom such debt or sums may be recovered, may, if it shall think fit, allow interest to the