Meekly Reporter,.
APPELLATE HIGH COURT,
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 MOFUSSIL SMALL CAUSE COURTS AND THE RECORDERS' COURTS;
TOGETHER WITH LETTERS IN CRIMINAL CASES, AND THE CIVIL
AND CRIMINAL CIRCULAR ORDERS ISSUED BY THE
HIGH COURt; also decISIONS OF H. M.'S PRIVY COUNCIL IN CASES HEARD IN APPEAL
FROM COURTS OF BRITISH INDIA.
(1) Every one who is entitled to a share in a joint family property must ac- count for such portion as may have come into his hands
(2) Toujees, Mehal Melanee papers, Jai- dads, and Jumma Wasil Bakee papers are not per se an account within the meaning of Section 3, Regulation I. of 1798
ACT X. OF 1836. See Contracts.
Does not apply to pottahs
ACT XIII. OF 1848. See Limitation (1) ACT VIII. OF 1859. See Code of Civil Proce-
suit in another case involving other parties than those in the present
An agent of one co-sharer is not lia- ble to other co-sharers for money drawn by him under a power from his principal, and not as trustee for the others ALLUVIAL Lands. (1) Re-formed lands belong to the estate to which they accrete, even though separated from it by a shallow ford- able stream
(2) Under Regulation XI., 1825, chur land belongs to the proprietor of the estate to which it accretes, provid- ed it is not separated from such es- tate by an unfordable stream
See Splitting of Claim (2)
Of plaint not allowable after issues are fixed
Persons claiming under A and B are bound by A and B's admission of C's being entitled equally with themselves to
See Hindoo Law (2)
ANGOJA SANTAN.
(6) No special-will lie under Section 27, Act XXIII. of 1861, for damages for inadequate sale of a decree
(7) An-lies from a decision dismissing a suit for default under Section 170, C. C. P.
See Code of Civil Procedure (11)
APPELLATE Court.
The judgment of a Lower reversed in special appeal on the ground that it did not set forth its reasons for confirming the decision of the Court of first instance, or because of the insufficiency of addi- tional reasons where such are given 178 See Remand.
ARBITRATION. (1) An award of- cannot be enforced un- less the application for enforcement is made within 6 months from the date of award (2) In a suit pending before arbitrators, an appellant who is made a co-plaintiff on application, and makes no objec- tion to the arbitration, is bound by the award
(3) A plaintiff cannot sue for moveables by a suit to enforce an award of ☛ 165 ASSIGNMENT. See Debt.
BENAMEE. (Continued.)
XI. of 1859, unless he has acknow- ledged himself to be a benameeday (3) Under Regulation XI., 1822, a-pur- chase for defaulting proprietors, at a sale for arrears of revenue, is not ipso facto illegal and void (4) A wife cannot sue for confirmation of possession of property sold in fraud of his creditors by her husband to her in the name of another (5), Whenanear relative purchases family property, and sets up a simple plea of self-acquired on the part of his vendors, which he cannot substan- tiate, he cannot be considered a bona fide purchaser
See Dur-putnee. See Limitation (14) See Mortgage (2)
BILL. See Sale (12) BONA FIDE.
(1) In a sale by a guardian of a minor without necessity, the purchaser cannot be said to have acted un- less his belief that the sale was ne-
cessary had been arrived at after due care and attention
(2) A-purchaser in Section 5, Act XIV. of 1859, does not necessarily mean a-without notice, but an honest purchaser without actual fraud... 25 See Jurisdiction (4)
See Instalment (1)
See Onus Probandi (15)
(1) Where an estate was divided by private agreement more than 50 years ago, and the division was subsequently maintained in a judicial decision, since which the co-sharers have for many years exercised rights of ownership independently of each other, a-of the whole estate cannot now be demanded, even though a regular separation of one share has been intermediately obtained by a suit in a Civil Court
(2) What is necessary before a purchaser in execution of a share of a specific mehal in an estate is entitled to (3) In a suit for contribution of Govern- ment revenue the previous paid and recognized quotas must be taken as the proper data for distri- bution until a regular is made and sanctioned under Regulation XIX. of 1814
(4) Where an estate is held in separate
possession, a—of the whole for the purpose of apportioning land ac- cording to the jummas of the shareholders who had severally entered into engagements with Go-
vernment, cannot be insisted upon by one of the proprietors ur.der Section 30, Regulation XIX. of 1814 (5) Where a purchaser from one of seve- ral shareholders of a joint property sues for the share of his vendor, but for the sake of valuing the case represents that his claim is for that quantity of land which by a division of it would fall to his share, and obtains a decree, the decree is only for joint possession The mere fact of one of several co- sharers alienating his share of the property is no proof of separation
See Full Bench Rulings by 5 Judges (8) See Splitting of Claim (1) CAVEAT EMPTOR.
Principle of-not applicable to a case in which a bonus has been paid for a putnee not in existence
CALEE. See Evidence (9) CODE of CIVIL PROCEDURE.
(1) Section 7. See Cause of Action (2) (2) Section 14. See Furisdiction (9) (3) Section 73. An application made in
due time by a person who has an interest in the result of the suit, to be added as a defendant under Section 73, ought to be granted... 109 (4) Section 121. See Mesne Profits (1) (5) Section 170 is discretionary; Court being competent, under it, even to decide against a defendant on the ground of his failure to appear or to go into the whole case on its merits 89 16) Section 170. See Appeal (7)
(7) Section 230.
8) Section 246.
See Remand.
See Objections. See Limitation (17)
See Jurisdiction (7) See Appeal (1)
(1) Section 374 leaves it in the discre- tion of the Court to admit any new ground of appeal arising out of the
CODE OF CIVIL Procedure.—(Continued.) proceedings, though omitted from petition of special appeal
(12) Section 378. See Review (1) COMPROMISE. See Review (2) CONJUGAL RIGHTS. See Converts (1) CONTRACTS.
Where there has been a breach of contract to sow and cultivate indigo, both liquidated damages and the amount advanced to the cultivators cannot be recovered under Section 3, Act X. of 1836 ... 277 CONTRIBUTION. See Butwara (3) CONVERTS.
(1) A Hindoo husband, who has been re- pudiated by his wife on his conver- sion to Christianity, cannot sue for the restitution of conjugal society 235 (2) A Hindoo father is not deprived of his right to the custody of his children by reason of his conversion to Christianity CONVEYANCE. See Hindoo Widow (2) CO-PARTNERS.
(1) In assessing - caused by a wrongful act, the injury sustained should alone be considered, not the punish- ment to be inflicted
(2) Not awardable for a groundless and malicious charge of abetment of riot and murder (3) How to be assessed for the period during which plaintiff was illegally put out of possession or an indigo factory and its appurtenance, where an agreement for rent had been entered into between plaintiff and her lessees, and she was deprived of all benefit from chur lands fit only for indigo
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