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THE

Meekly Reporter,.

APPELLATE HIGH COURT,

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
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.

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(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.

ACT XIX. OF 1843

See Limitation (23)

Does not apply to pottahs

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227

121

271

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ACT XIII. OF 1848. See Limitation (1)
ACT VIII. OF 1859. See Code of Civil Proce-

ACT XI. OF 1859.

dure.

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ACT XXIII. OF 1861.

Section 11.

Section 27.

ADMISSION.

(1) Effect of an

See Purchaser (2)

See Appeal (6)

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made by a party to a

suit in another case involving other
parties than those in the present

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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 Evidence (17)

See Splitting of Claim (2)

AMENDMENT

Of plaint not allowable after issues
are fixed

ANCESTRAL PROPERTY.

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.

209

268

172

55

139

234

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145

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ii

APPEAL. (Continued.)

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(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.

-

- cannot be

197

215

270

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

123

130

(3) A plaintiff cannot sue for moveables
by a suit to enforce an award of ☛ 165
ASSIGNMENT. See Debt.

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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

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(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)

BOND.

BONUS.

See Instalment (1)

See Onus Probandi (15)

BUTWARA.

See Putnee.

(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

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(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-

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UTWARA.-(Continued.)

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

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186

187

214

32

... 182

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.

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(1) Section 7. See Cause of Action (2)
(2) Section 14. See Furisdiction (9)
(3) Section 73. An application made in

232

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)

(9) Section 324.

See Jurisdiction (7)
See Appeal (1)

(10) Section 348.

(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.

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147

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.

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(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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