 | Punjab (India) - 1869 - 838 pàgines
...onus of proving necessity on the authority of the leading case in which their Lordships remarked " that the question on whom does the onus of proof lie in such suits as the present one is not capable of a general and inflexible answer. The presumption proper to be made will vary... | |
 | India, Sir Henry Stewart Cunningham - 1872 - 230 pàgines
...Estate. The question on whom the burthen of proof lies in such suits is, their Lordships observe, not one capable of a general and inflexible answer ; the presumption proper to be made will vary with the circumstances and must be regulated by, and be dependant upon them. the joint estate, or was applied... | |
 | India - 1873 - 294 pàgines
...Estate. The question on whom the burthen of proof lies in such suits is, their Lordships observe, not one capable of a general and inflexible answer ; the presumption proper to be made will vary with the circumstances and must be regulated by, and be dependant upon them." In Modho Dhyal Singh v. Goshar... | |
 | Sir Henry Stewart Cunningham - 1877 - 248 pàgines
...minority, the question as each case nces °* *° ^e Party on whom lies the burthen of proof is not one capable of a general and inflexible answer. The presumption...with circumstances and must be regulated by and be * 6 M. i. A., 419. dependant on them.* Illustration. Where the alienee himself sues to enforce the... | |
 | John Dawson Mayne - 1878 - 680 pàgines
...such suits of the daugcr of collusion between father and sons in fraud of the creditor of the former. Their Lordships think that the question on whom does...vary with circumstances, and must be regulated by and dependent on them. Thus, where the mortgagee himself with whom the transaction took place, is setting... | |
 | Sir Ernest John Trevelyan - 1878 - 528 pàgines
...wholly different, and the dictum does not profess to be a general one, nor is it so to be regarded. Their Lordships think that the question on whom does...with • circumstances, and must be regulated by, and dependent on, them. Thus, where the m4ortgagee himself, with whom the transaction took place, is setting... | |
 | David Sutherland (barrister-at-law.), Great Britain. Privy Council. Judicial Committee - 1880 - 1060 pàgines
...wholly different, and the dictum does not profess to be a general one, nor is it so to be regarded. Their Lordships think that the question on whom does...inflexible answer. The presumption proper to be made will van' with circumstances, and must be regulated by and dependent on them. Thus, where the mortgagee... | |
 | William Fischer Agnew - 1882 - 632 pàgines
...wholly different, and the dictum does not profess to be a general one, nor is it so to be regarded. Their Lordships think that the question, on whom does...with circumstances, and must be regulated by, and dependent on, them. Thus, where the mortgagee himself, with whom the transaction took place, is setting... | |
 | William Fischer Agnew - 1882 - 638 pàgines
...wholly different, and the dictum does not profess to be a general one, nor is it so to be regarded. Their Lordships think that the question, on whom does...onus of proof lie in such suits as the present, is oiie not capable of a general and inflexible answer. The presumption proper to be made will vary with... | |
 | David Sutherland - 1892 - 732 pàgines
...wholly diffcrent,a nd the dictum does not profess to be a general one, nor is it so to be regarded. Their Lordships think that the question on whom does the onus of proof lie in such suits as the présentas one not capable of a general and inflexible answer. The presumption proper to be made will... | |
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Their Lordships think that the question, on whom does the onus of proof lie in such suits as the present, is one not capable of a general and inflexible answer. The presumption proper to be made will vary with circumstances, and must be regulated by,... 
