Decisions of the Sudder Dewanny Adawlut: Recorded in English in Conformity to Act XII. 1843, in 1845[-1861] : with Indexes of Names of Parties, and the Causes of Action, and Principal Points Touched Upon in the DecisionW. Ridsdale, Bengal Military Orphan Press, 1851 |
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admission admit the special alleged Ameen of Zillah annas appeal to try application is granted award Bamun BARLOW BART biggahs bond Burdwan Chowdhree Chundur collector costs Dassee decided decision passed declared decree passed deed defendant DICK dismissed document Doorga DUNBAR ESQRS evidence execution filed following certificate recorded following grounds heirs held hereby certified issue J. R. COLVIN JACKSON and J. R. judge of zillah judgment Jyte Khan Kishen Komar Tagore lakhiraj land lease lower appellate court lower court mesne profits Mohummud Mohun Mookerjee moonsiff mouzah Musst nonsuit OFFICIATING JUDGE opinion parties petition petitioner plaint plaintiff plea pleaded pleader possession pottah PRESENT principal sudder ameen proceedings proof purchase putnee Raee Rajah reference Regular Appeal Remand rent respondent reversing rupees ryuts Section share shew Singh special appeal sued suit Surma talook tion versus W. B. JACKSON widow witnesses Wukeel zemindar
Suositut otteet
Sivu 48 - ... the matters in dispute, to a Court of competent jurisdiction to try the demand, and shall assign satisfactory reasons to the Court why he did not proceed in the suit, or shall prove that either from minority or other good and sufficient cause, he had been precluded from obtaining redress.
Sivu 515 - Appeal to be governed by — that an objection, which, if taken, might have been cured, and which has not been taken in the Court below, shall not be taken in the Court of Appeal.
Sivu 537 - The case then stands by itself, and affords no general precedent, although even if it did it would relate only to. the rights claimable by an adopted son after adoption made. Upon the general argument, we do not propose to follow the discussions which have been raised before us into the different points of speculative doubt and nicety that have been referred to, as to the possibility of the existence of rights, present or...
Sivu 537 - ... as to the possibility of the existence of rights, present or contingent, in a child from the moment of its conception in the womb, — as to what is the precise time of vital conception...
Sivu 435 - ... or tenants, which can be properly ascertained and determined by judicial investigation only...
Sivu 539 - ... partition, the partition should be postponed till after the delivery. Some commentators, as will be seen by the note, hold the sense of the passage to be, that partition may at once take place, but that a share should be set apart for the widow who is supposed pregnant, and when she is delivered, the share is to be assigned to her son ; and this interpretation is rejected by others chiefly because, according to the law of the western schools in regard to an estate still undivided, ' widows are...
Sivu 285 - ... father of ancestral property, without consent of his son, to be illegal. We are clearly of opinion that, during the father's life, the plaintiff cannot institute such an action as is now brought. We, therefore, reverse the decision of the lower Court, and give judgment in favor of the appellant with costs. The respondent's pleader has produced as a precedent in support of his case, the Report at page 175 of the Sudder Decisions for 1845, wherein it was • Ante pugs 44.
Sivu 361 - It is hereby certified that the said application is granted on the following grounds.
Sivu 542 - The truth is, that the supposition of a positive and actual right, vested in an embryo, which may never come into full existence, is one which must almost be rejected on the mere statement of it. It is particularly repugnant to common reason in the case of a possible adoption, which may be made after the lapse of many years, or may never be made at all. If the supposition were to be admitted and acted upon, the effect would be to alter the whole course of natural inheritance ; for there would be...
Sivu 540 - Now, upon the authorities, there can be no doubt that that is the result of an act of adoption, because the property is in the widow from the death of the husband till the power of adoption is exercised. Then that adoption divests it from the widow and vests it in the adopted son.