Privy Council Judgments on Appeals from India, 1825-1910, Volume 8 |
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Page 14
... Execution proceedings * L. R. , 28 I.A. , 57 ; I. L. R .. 28 Cal . , p . 353 . -Jurisdiction - Decree cannot be varied in the execution department . A decree of the High Court declared the title of the plaintiffs to shares in all the ...
... Execution proceedings * L. R. , 28 I.A. , 57 ; I. L. R .. 28 Cal . , p . 353 . -Jurisdiction - Decree cannot be varied in the execution department . A decree of the High Court declared the title of the plaintiffs to shares in all the ...
Page 15
... execution proceedings that certain parcels described in the schedule to the decree as kasht or jote , amounting in all to about 1223 bighas , ought not in execution to be made over to the appellants . The reason alleged was that the ...
... execution proceedings that certain parcels described in the schedule to the decree as kasht or jote , amounting in all to about 1223 bighas , ought not in execution to be made over to the appellants . The reason alleged was that the ...
Page 16
... execution of the decree as against these lands . " They concluded this part of the judg- ment as follows : We must therefore remand the case to the Lower Court for an enquiry whether or not the kamat lands , regarding which the decree ...
... execution of the decree as against these lands . " They concluded this part of the judg- ment as follows : We must therefore remand the case to the Lower Court for an enquiry whether or not the kamat lands , regarding which the decree ...
Page 17
... execution of it , the matter of constru- ing a decree is a different question . Here the decree - holders and the judg - be put into possession . ment - debtors differed as to the effect of the exception of the two mouzas from the ...
... execution of it , the matter of constru- ing a decree is a different question . Here the decree - holders and the judg - be put into possession . ment - debtors differed as to the effect of the exception of the two mouzas from the ...
Page 18
... execution . Accordingly he passed an order for execution on the 9th April 1892 . The defendants appealed , and , by order of the 10th August 1893 , the High Court remanded the case for further inquiry . They treat the lands sued for ...
... execution . Accordingly he passed an order for execution on the 9th April 1892 . The defendants appealed , and , by order of the 10th August 1893 , the High Court remanded the case for further inquiry . They treat the lands sued for ...
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Common terms and phrases
advise His Majesty agreement alleged appeal appellant application arbitrators award Bakhsh Begam Bengal bond brothers Calc charge Chunder Civil Procedure Code claim contended contract custom Dayabhaga death decision decree deed defendant died dismissed dispute District Judge document entitled evidence execution fact favour Government grant Hanwant Singh heirs held High Court Hindu Law Indarjit Singh India interest issue Janki John Bonser joint judgment Judicial Commissioner Judicial Committee Jugal July June Khan Kishore Koer Kunwar land learned Judge lease Lord Macnaghten Lord Robertson Lordships ment Mitakshara mortgage mouzahs Narain Nath offence opinion Oudh parties payment Pershad person plaint plaintiff possession present proceedings proved question Raja referred rent respondents revenue Richard Couch Right Hon'ble Lord Right Hon'ble Sir separate settlement share Sheo Simhadri Singh sion Solicitors Subordinate Judge suit taluqdar tenants tiff Tilottama tion villages waqf widow
Popular passages
Page 5 - Order shall, so far as circumstances admit, be exercised on the principles of, and in conformity with, the enactments for the time being...
Page 378 - Explanation. — A fraud or misrepresentation which did not cause the consent to a contract of the party on whom such fraud was practised, or to whom such misrepresentation was made, does not render a contract voidable.
Page 36 - There must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant that the accident arose from want of care.
Page 321 - ... evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their...
Page 181 - If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any...
Page 379 - Every person is competent to contract who is of the age of majority according to the law to which he is subject and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.
Page 167 - ... commission of the offence shall, where no express provision is made by this Code for the punishment of such attempt...
Page 378 - When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allow. J, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
Page 507 - ... the case for obstructing the passage, or of assault, if, on the party persisting in going in that direction, he touched his person, or so threatened him as to amount to an assault. But imprisonment is, as I apprehend, a total restraint of the liberty of the person, for however short a time, and not a partial obstruction of his will, whatever inconvenience it may bring on him.
Page 185 - Such a phrase as irregularity is not appropriate to the illegality of trying an accused person for many different offences at the same time and those offences being spread over a longer period than by law could have been joined together in one indictment.