Judgments of the Sudder Court in Regular and Special AppealsMessrs. Pharoah and Company, Athenaeum Press, 1861 - Law reports, digests, etc |
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Common terms and phrases
acting civil judge acting subordinate judge admitted a special adoption affirmed Aiyan alleged Ameen of Combaconum appeal and special Appeal Suit appeal was admitted appeal with costs award bond Branson appeared Chingleput co-parceners collector Court consider court of requests Cuddalore debt decision decree for plaintiff deed defendant's disallowed dismiss the appeal dismissed the suit district moonsiff gave eject evidence executed exhibit failed to appear father fifth defendant fourth defendant heirs held Hindoo law Judgment land in issue lease liable lower courts Mangalore Masulipatam Mayne moofty sudder ameen moonsiff gave decree mortgage Mudali Nayak Nayakan Nayudu opinion Original Suit parties plaint plaintiff represented plea possession principal sudder ameen purchase question razinama recovery Reddi reverse the decree Sadagópáchárlu appeared second defendant Secunderabad Setti share special appeal Special Respondent statute of limitation Sudder Court admitted Sudder Court resolve suit with costs third defendant tiff Trichinopoly vers versus Special Appellant zemindári
Popular passages
Page 224 - But where, in the particular instance, the charge is one that a prudent owner would make in order to benefit the estate, the bnn&fide lender is not affected by the precedent mismanagement of the estate.
Page 240 - It is a fact well known in medical science that the" disease of leprosy assumes in some cases a mild and curable form, while in others it appears in a virulent and aggravated type. The Sudder Court find on consulting the best authorities on the subject, that it is in the latter case only that the disease is regarded by Hindoo law as a disqualification entailing forfeiture of inheritance.
Page 224 - ... 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 upon it in the particular instance, is the thing to be regarded.
Page 138 - The answers denied the allegations of negligence and defended on the ground that the suit was barred by the statute of limitations.
Page 17 - Sale of property by an undivided member is not valid, even if falling within the limits of his individual share, unless made under emergent circumstances and with reservation of the shares of his sons and a sufficiency for the maintenance of his wife and daughters.
Page 281 - ... of his landlord; but whenever one of two innocent persons must be a loser, the rule is qui prior est tempore, potior est jure. If one must suffer, it is he who has not used due diligence in looking into the title.
Page 218 - Lordships desire again to suggest for the consideration of the parties, that some arrangement for the surrender of the zemindary to Government, upon payment of what is due to the respondent for the advances actually made, would probably meet the real justice of the case, and save both parties from protracted litigation.
Page 281 - Where the right is equal, the claim of the party in actual possession shall prevail.
Page 280 - For bona fide purchasers for a valuable consideration, without notice of the fraudulent or voluntary grant, are of such high consideration, that they will be protected, as well at law as in equity, in their purchases. It would be plainly inequitable, that a party, who has...
Page 98 - ... of the essence of the power to adopt that the party adopting should be hopeless of having issue...