Reports of Cases Heard and Determined by the Judicial Committee and the Lords of His Majesty's Most Honourable Privy Council, on Appeal from the Supreme and Sudder Dewanny Courts in the East Indies, Volum 11

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Pàgina 648 - ... ownership in certain defined shares, then the character of undivided property and joint enjoyment is taken away from the subject-matter so agreed to be dealt with...
Pàgina 428 - Mohunts and their offices, functions, and duties, is to be found in custom and practice, which is to be proved by testimony...
Pàgina 64 - and might have been then brought forward, and it may be said therefore that it ought not now to be entertained ; but I find no authority for this position in civil suits, and no case was cited at the bar, nor have I been able to find any, in which a decree of dismissal of a former bill has been treated as a bar to a new suit asking the same relief, but stating a different case giving rise to a different equity:
Pàgina 57 - Statutes of 1904, in accordance with the interpretation of these provisions by the judgment of the Lords of the Judicial Committee of the Privy Council, on the appeal of the Grand Trunk Pacific Railway Company v.
Pàgina 92 - Then, if there be a conversion of the joint tenancy of an undivided family into a tenancy in common of the members of that undivided family, the undivided family becomes a divided family with reference to the property that is the subject of that agreement, and that is a separation in interest and in right, although not immediately followed by a de furto actual division of the subject-matter. This may at any time be claimed by virtue of the separate right.
Pàgina 637 - Majesty's order of January 1862, and the general costs of the suit below, except such portion of them as was occasioned by his contesting the title of the Crown to take by escheat. This latter portion ought to be borne by him, and unless already paid, should be set off in the usual manner.
Pàgina 89 - According to the true notion of an undivided family in Hindu law, no individual member of that family, whilst it remains undivided, can predicate of the joint and undivided property, that he, that particular member, has a certain definite share.
Pàgina 603 - If a Plaintiff relinquish or omit to sue for any portion of his claim, a suit for the portion so relinquished or omitted, shall not afterwards be entertained.
Pàgina 90 - No individual member of an undivided family could go to the place of the receipt of rent, and claim to take from the collector or receiver of the rents a certain definite share. The proceeds of undivided property must be brought, according to the theory of an undivided family...
Pàgina 67 - No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court of jurisdiction competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.

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