The Weekly Reporter: Appellate High Court, Volume 20D. E. Cranenburgh, 1892 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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Common terms and phrases
Abdool Act VIII alleged Ameen annas application Baboo Banerjee beeghas Benares brought cause of action Chowdhry Chunder Churn claim Code of Criminal Collector Criminal Procedure dacoity dated decision passed decree deed defendant dispute District Doorga Doss Dossee Dwarka entitled evidence execution fact father Ghose ground held High Court Hon'ble F. A. Glover Hon'ble J. B. Phear Hon'ble Sir Richard Hossein ijara issue judgment judgment-debtor Justice kubooleut Lall land lease Lordships Lower Appellate Court lower Court Mahomed Markby matter mehal Mitakshara Mohun mokurruree Moonsiff mortgage mouzahs Mussamut Narain Nath objection obtained offence opinion parties Pershad person plaint plaintiff possession pottah prisoner Privy Council proceedings proved purchaser question reason recover reference remand rent Respondent ryot Sessions Judge share Singh Sir Richard Couch Small Cause Court Special Appeal Subordinate Judge Sudder Surmah taken talook tion unlawful assembly versus witnesses zemindar
Popular passages
Page xxv - ... that the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of the defendant...
Page 195 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 333 - And the reason is stated in the next paragraph, — 'consequently the difference is this : although he have a right by birth in his father's and in his grandfather's property, still, since he is dependent on his father in regard to the paternal estate, and since the father has a predominant interest, as it was acquired by himself, the son must acquiesce in the father's disposal of his own acquired property ; but, since both have indiscriminately a right in the grandfather's estate, the son has a...
Page 196 - I take it to be a sound and uncontroverted maxim of law, that every plaintiff or demandant in a court of justice must recover upon the strength of his own title, and not because of the weakness of that of his adversary ; that is, he shall not recover without showing a right, although the adverse party may be unable to show any. It is enough for the latter that he is in possession of the thing demanded until the right owner calls for it. This is a maxim of common justice as well as of law.
Page 374 - The Civil Courts shall not take cognizance of any suit brought on a cause of action which shall have been heard and determined by a Court of competent jurisdiction in a former suit between the same parties, or between parties under whom they claim.
Page 7 - Sale the Goods shall be deposited by the Bailiff in some fit Place, or they may remain in the Custody of a fit Person approved by the High Bailiff, to be put in possession by the Bailiff...
Page 83 - Council, or an appeal having been preferred no proceedings in the suit have been transmitted to Her Majesty in Council — and who, from the discovery of new matter or evidence which was not within his knowledge, or could not be adduced by him at the time when such decree was passed...
Page 333 - True, this unequal partition is found in the sacred ordinances ; but it must not be practised...
Page 82 - ... such decree was passed, or from any other good and sufficient reason, may be desirous of obtaining a review of the judgment passed against him — may apply for a review of judgment by the Court which passed the decree.
Page 137 - We think, however, that the judgment must be reversed, and the case sent back to the...