Madras High Court Reports: 1871-1874J. Higgingbotham, 1875 - Law reports, digests, etc |
Common terms and phrases
1st defendant 1st defendant's 2nd defendant 3rd defendant Act VIII adoption agreement alleged amount Appellate Jurisdiction Appellate Side apply arbitrators Assistant Magistrate August 15 award bond cause of action channel Civil Court Civil Judge claim Code of Criminal Collector contract costs Court delivered Court of Session Criminal Procedure December December 13 decision decree deed delivered the following demand dismissed District Munsif document entitled evidence executed fact February February 16 fendant following judgments Government ground held High Court Holloway January 26 July Kaduvai Kindersley land Madugula ment mortgage offence opinion Original Suit pagoda parties payment person plaint plaintiff possession Principal Sadr Amin Procedure Code Proceedings promissory note provisions puttah question recover referred registered Regular Appeal Regulation rule Rupees Section Sessions Judge Shivaganga Small Cause Court Special Appeal Special Respondent Sub-Magistrate sued sum of Rupees temple tion village zamindárí Zillah
Popular passages
Page 435 - Officer of the subordinate ranks whom they shall think, remiss or negligent in the discharge of his duty, or unfit for the same...
Page 196 - I grant the risk that such a defence may be set up without ground ; and I agree that a jury should therefore always look on such a defence with suspicion: but, if it be proved that in fact the paper was signed with the express intention that it should not be an agreement, the other party cannot fix it as an agreement upon those so signing.
Page 111 - But he who purchases during the pendency of a suit is held bound by the decree that may be made against the person from whom he derives title. The litigating parties are exempted" from taking any notice of the title so acquired, and such purchaser need not be made a party to the suit.
Page 196 - The point made is that this is a written agreement, absolute on the face of it, and that evidence was admitted to show it was conditional ; and if that had been so it would have been wrong. But I am of opinion that the evidence showed that in fact there was never any agreement at all.
Page 198 - ... after the agreement has been reduced into writing, it is competent to the parties, at any time before breach of it, by a new contract not in writing, either altogether to waive, dissolve, or annul the former agreement, or in any manner to add to, or subtract from, or vary or qualify the terms of it, and thus to make a new contract ; which is to be proved, partly by the written agreement, and partly by the subsequent verbal terms engrafted upon what will be thus left of the written agreement
Page 138 - ... either together or in parcels, and either by public auction or private contract, and...
Page 196 - The production of a paper purporting to be an agreement by a party, with his signature attached, affords a strong presumption that it is his written agreement; and, if in fact he did sign the paper animo contrahendi...
Page 375 - Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any moveable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Page ix - The Local Government may limit the person by whom, and the manner in which, the prosecution is to be conducted, and may specify the Court before which the trial is to be held.
Page 138 - ... or otherwise, as to the propriety or regularity of such sale ; and notwithstanding any impropriety or irregularity whatsoever in any such sale, the same shall, as...