The Weekly Reporter: Appellate High Court, Svazek 14D. 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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Strana 324 - Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay, and (b) to all such wills and codicils made outside those territories and limits so far as relates to immovable property situate within those territories or limits...
Strana 24 - When the words are not explicit the intention is to be collected from the context; from the occasion and necessity of the law; from the mischief felt, and the remedy in view; and the intention is to be taken or presumed according to what is consonant with reason and good discretion.
Strana 406 - empowered to take cognizance of all suits ' and complaints respecting the succession ' or right to real or personal property, land, ' rents, revenues, debts, accounts, contracts, ' partnerships, marriage, caste, claims to ' damages for injuries, and generally of all ' suits and complaints of a civil nature in ' which the defendant may come within any ' of the descriptions of persons mentioned ' in Section 7, provided the landed or other ' real property to which the suit or com...
Strana 26 - But when the members of an undivided family agree among themselves, with regard to particular property, that it shall thenceforth be the subject of ownership in certain defined shares, then the character of undivided property and joint enjoyment is taken away from the subject-matter so agreed to be dealt with; and in the estate each member has thenceforth a definite and certain share, which he may claim the right to receive and to enjoy in severalty, although the property itself has not been actually...
Strana 25 - Law, no individual •' member of that family, whilst it remains "undivided, can predicate of the joint and " undivided property, that he, that particular " member, has a certain definite share.
Strana 36 - And he added that it had been so resolved by all the judges. This case (2 Chan. Cas. 191) has been followed by others, * * * which we think support the rule that when a statute confers an authority to do a judicial act in a certain case, it is imperative on those so authorized to exercise the authority when the case arises, and its exercise is duly applied for by a party interested and having the right to make the application. "For these reasons we are of opinion that the word 'may...
Strana 311 - ... intention is to be collected. Primarily, the words of the will are to be considered. They convey the expression of the testator's wishes ; but the meaning to be attached to them may be affected by surrounding circumstances, and where this is the case, those circumstances, no doubt, must be regarded. Amongst the circumstances thus to be regarded is the law of the country under which the will is made, and its dispositions are to be carried out.
Strana 76 - 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.
Strana 302 - Calcutta; provided that their inheritance and succession to lands, rents, and goods, and all matters of contract and dealing between party and party...
Strana 25 - No individual member of an undivided family could go to the place of the receipt of rent, and claim to take from the collector or receiver of the rents a certain definite share. The proceeds of undivided property must be brought, according to the theory of an undivided family...