The Weekly Reporter: Appellate High Court, Volume 7D. E. Cranenburgh, 1891 - India 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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Act VIII Act XIV affirming a decision alleged application arrears Banerjee Barnes Peacock beegahs Bose cause of action Chowdhry Chunder Churn Civil Court claim Clause contract dacoity dated decision passed decree decree-holder deed defendant defendant's Deputy Collector dismissed District Doorga Doss entitled evidence execution F. A. Glover fact Full Bench Ghose ground held High Court Hindoo Hon'ble F. B. Kemp Hon'ble G issue J.-THIS judgment judgment-debtor Judicial Commissioner jurisdiction land lease liable Loch Lower Appellate Court Lower Court Magistrate Markby ment mesne-profits Mitter Mohun Mookerjee Moonsiff Mussamut Narain opinion order passed parties Peacock Pershad person petitioner plaint plaintiff possession pottah Present Principal Sudder Ameen prisoner proceedings proved Pundit purchaser question referred remand rent Respondents Rupees ryot Section Sessions Judge Seton-Karr Singh sion Small Cause Court sold Special Appeal sued suit Surmah talook tenant tenure tion versus Weekly Reporter zemindar Zillah
Popular passages
Page 365 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 365 - But neither the judgment of a concurrent or exclusive jurisdiction is evidence of any matter which came collaterally in question, though within their jurisdiction, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument from the judgment.
Page 412 - From the inclination of the court on this last case, and from the concluding part of Lord Kenyon's judgment in Merryweather v. Nixan, and from reason, justice, and sound policy, the rule that wrong-doers cannot have redress or contribution against each other is confined to cases where the person seeking redress must be presumed to have known that he was doing an unlawful act.
Page 489 - Court thinks fit, having regard to his condition in life and all the circumstances of the case, and may order the property attached, or any part thereof, to be sold for the purpose of satisfying all costs incurred in consequence of such attachment, together with the amount of...
Page 398 - ... which the decree was passed and relating to the execution of the decree, shall be determined by order of the Court executing the decree, and not by separate suit, and the order passed by the Court shall be open to appeal.
Page 193 - Courts shall take cognizance of all suits of a Civil nature, with the exception of suits of which their cognizance is barred by any Act of Parliament, or by any Regulation of the Codes of Bengal, Madras, and Bombay respectively, or by any Act of the Governor-General of India in Council.
Page 249 - Presidency shall have and exercise all jurisdiction and every power and authority whatsoever in any manner vested in any of the courts in the same Presidency abolished...
Page 196 - ... this class of persons are entitled to hold their lands, generation after generation, in perpetuity, subject, nevertheless, to the payment of a fixed and established rent to the zemindar of Beerbhoom, and to the performance of certain duties for the maintenance of the public peace and support of the police...
Page 377 - By the general rules of the common law, if there be a contract which has been reduced into writing, verbal evidence is not allowed to be given of what passed between the parties, either before the written instrument was made, or during the time that it was in a state of preparation, so as to add to or subtract from, or in any manner to vary or qualify the written contract...
Page 377 - ... after the agreement has been reduced into writing, it is competent to the parties, at any time before breach of it, by a new contract not in writing, either altogether to waive, dissolve, or annul the former agreement, or in any manner to add to, or subtract from, or vary or qualify the terms of it, and thus to make a new contract...