The Weekly Reporter: Appellate High Court, Volum 25

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D. E. Cranenburgh, 1893
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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Side 2 - 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...
Side 287 - Lall," whose act was in question, " had no authority, without the consent of his co-sharers, to mortgage his undivided share in a portion of the joint family property, in order to raise money on his own account, and not for the benefit of the family.
Side 148 - Money found to be due from the defendant to the plaintiff on accounts stated between them.
Side 92 - ... and is made on account of natural love and affection between parties standing in a near relation to each other, or unless, (2) it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally...
Side 301 - ... up issue to the deceased husband by carnal intercourse with the widow. It may be admitted that the arguments founded on this supposed analogy are in some measure confirmed by passages in several of the ancient treatises above referred to, and in particular by the Dattaka Mimamsa of Vidy Narainsamy, the author of the Madhavyam ; but, as a ground for judicial decision, these speculations are inadmissible, though as explanatory arguments to account for an actual practice, they may be deserving of...
Side 218 - ... right to run counter to so long a course of decision upon what is, in fact, merely a question of procedure, — it being admitted that the Plaintiff may assert rights of this nature, if they exist, in a separate suit. They, therefore, accept the construction of the Indian Courts as settled law ; and that acceptance, as was admitted at the Bar, suffices to dispose of the claim to interest on the subsequent mesne profits which is raised by the present appeal.
Side 46 - The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.
Side 92 - ... specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits.
Side 2 - Lordships are of opinion that the term " cause of action " is to be construed with reference rather to the substance than to the form of action...
Side 205 - the son to pay it, the discharge of it, even though it affected ancestral estate, would still be an act of pious duty in the son. By the Hindu law the freedom of the son from the obligation to discharge the father's debt has respect to the nature of the debt and not to the nature of the estate, whether ancestral or acquired by the creator of the debt.

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