The Weekly Reporter: Appellate High Court, Том 9

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D. E. Cranenburgh, 1891
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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Страница 75 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his servants and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence in the absence of explanation by the defendant that the accident arose from want of care.
Страница 108 - It seems to us, therefore, that the party entering into possession under such an instrument, is in the same position as that in which he would have been before the acts.
Страница 233 - ... shall indemnify him from whatever loss he may sustain by reason of incurring an obligation together with the principal. It is on a contract for indemnity that the surety becomes liable for the debt. It is by virtue of that situation, and, because he is under an obligation as between himself and the creditor of his principal, that he is enabled to make the arrangement with that creditor. It is his duty to make the best terms he can for the person in whose behalf he is acting. His contract with...
Страница 390 - No action or proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make binding declarations of right whether any consequential relief is or could be claimed or not.
Страница 529 - it shall be proved that the rent at which land is held by a ryot in the said provinces, has not been changed for a period of twenty years before the commencement of the suit, it shall be presumed that the land has been held at that rent from the time of the permanent settlement, unless the contrary be shown, or unless it be proved that such rent was fixed at some later period.
Страница 518 - I do not concur with the decision which has been referred to (w), in which it is said that " in the absence of evidence to the contrary, it must be assumed that the price received by the father became a part of the assets of the joint family.
Страница 522 - ... assumpsit for money had and received by the defendant to the plaintiff's use...
Страница 62 - It is settled tbat whatever is acquired at the charge of the patrimony is subject to partition.
Страница 412 - No process of execution shall issue from any Court not established by Royal Charter to enforce any judgment, decree, or order of such Court, unless some proceeding shall have been taken to enforce such judgment, decree, or order, or to keep the same in force, within three years next preceding the application for such execution.
Страница 15 - By the ancient law of the country, the ruling power is entitled to a certain proportion of the produce of every bigha of land (demandable in money or kind, according to local custom...

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