The English Reports: Privy Council (including Indian appeals) (1809-1865), Band 19W. Green, 1902 |
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Seite 33
... award in his favour of one of the disputed items . The Defendant in his defence did not deny the accuracy of the Appellant's account , or of the books put in evidence , but objected to two items in the account , and claimed a set - off ...
... award in his favour of one of the disputed items . The Defendant in his defence did not deny the accuracy of the Appellant's account , or of the books put in evidence , but objected to two items in the account , and claimed a set - off ...
Seite 34
... award was made , as the Appellant alleged , by which that point was decided in his favour . The Respondent persisting in a refusal to pay this balance , on the 24th of December , 1849 , the plaint in this suit was filed . The plaint ...
... award was made , as the Appellant alleged , by which that point was decided in his favour . The Respondent persisting in a refusal to pay this balance , on the 24th of December , 1849 , the plaint in this suit was filed . The plaint ...
Seite 35
... award of the arbitrator respecting the item of Rs . 4000 mentioned in the petition of plaint , and should also substantiate the statement that Defendant admitted all the items of his claim with the exception of the item set down as lost ...
... award of the arbitrator respecting the item of Rs . 4000 mentioned in the petition of plaint , and should also substantiate the statement that Defendant admitted all the items of his claim with the exception of the item set down as lost ...
Seite 36
... award which had been made , and he proved by the examination of the arbitrator who had made that award , the submission ( which was not denied ) , and the fact that he had made that award after a careful examination , not only of all ...
... award which had been made , and he proved by the examination of the arbitrator who had made that award , the submission ( which was not denied ) , and the fact that he had made that award after a careful examination , not only of all ...
Seite 37
... award , the Judges of the Sudder Court state , that it is open to great suspicion [ 100 ] on the ground that the award was not made for more than twelve months after the submission to arbitration . Their Lordships cannot think that that ...
... award , the Judges of the Sudder Court state , that it is open to great suspicion [ 100 ] on the ground that the award was not made for more than twelve months after the submission to arbitration . Their Lordships cannot think that that ...
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adopted agreement alleged amount annuity Appellant Appellant's award Bahadoor Begum Bengal Bombay Bond Calcutta circumstances claim Collector costs Council death debt deceased decision decree deed Defendant dismissed dispute Dossee East India Company entitled evidence executed father favour filed fund Government grant ground heir Hindoo law husband Insolvent interest Jaghire Judge judgment jurisdiction Khan lands late Rajah leave to appeal Lord Kingsdown Lordships Madhoo Madras Maharajah Moore's Ind mortgage Noor Jehan opinion Order in Council paid Parsees parties payment Pergunnah Pershad persons Pestonjee petition plaint Plaintiff possession present Principal Sudder Ameen Privy Council proceedings proved purchase Purtab Syn question Rajah Ranee Regulation respect Respondent revenue river Hooghly Singh Sir Edward Ryan Sudder Court Sudder Dewanny Adawlut Sudder Dewanny Court suit Supreme Court Talook Tanjore Testator Tora garas villages widow witnesses Zemindary Zillah Court
Beliebte Passagen
Seite 313 - established as a general principle that interest is allowed by law only upon mercantile securities, or in those cases where there has been an express promise to pay interest, or where such promise is to be implied from the usage of trade or other circumstances." Interest is not allowed at Common Law, Walker
Seite 132 - that now subsisting, by virtue of the several Acts before mentioned, at Fort William in Bengal, enacts, by section 7, ' that it shall and may be lawful for His Majesty, his Heirs and Successors, by Charter or Letters Patent under the Great Seal,
Seite 147 - bona 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, in the particular instance, or the criteria to be regarded. If that danger arises from any misconduct to which the
Seite 244 - same manner in all respects as if such offence had been wholly committed within the jurisdiction of the Court within the jurisdiction of which such offender shall be apprehended or be in custody.' The section here again reverts to the language of section 8 of the
Seite 9 - at or before the execution of these presents, the receipt whereof is hereby acknowledged as well by these presents as by the receipt for the same hereupon endorsed, and which said sum of money is hereby declared and agreed by all and every the parties hereto to be the sole, absolute, and proper moneys of
Seite 147 - A lender, however, in such circumstances, is bound to inquire into the necessities of the loan, and to satisfy himself as well as he can, with reference to the parties with whom he is dealing, that the Manager is acting in the particular instance for the benefit of the estate. If he does inquire, and acts honestly,
Seite 148 - the real existence of an alleged and reasonably-credited necessity is not a condition precedent to the validity of his charge, which renders him bound to see to the application of the money. The mere creation of a charge by a Manager securing a proper debt, is not to be viewed as an improvident act ; and a
Seite 247 - territories under the Government of the said United Company, in the same manner in all respects as if such offence had been wholly committed within the jurisdiction of the Court within the jurisdiction of which such offender shall be apprehended or be in custody.
Seite 159 - law, a limited and qualified power. It can only be exercised rightly in a case of need, or for the benefit of the estate. But where, in the particular instance, the charge is one that a prudent owner would make, in order to benefit the estate, the bona fide lender is not affected by the precedent mismanagement of the estate.
Seite 86 - 28, to India, it was enacted, " That upon all debts or sums certain, payable at a certain time, the Court before whom such debt or sums may be recovered, may, if it shall think fit, allow interest to the