Madras High Court Reports: 1864 and 1865J. Higgingbotham, 1869 - Law reports, digests, etc |
Common terms and phrases
Act XIV Administrator adoption affirmed alleged amount Angamuttu Appellate Jurisdiction apply April 20 assent authority barred bill of lading brother cargo cause of action charter-party Chetti Civil Court Civil Judge claim clause co-parceners contract Court delivered Court of Equity Court of Small death debt deceased decision declared defendant's delivered the following dismissed District Munsif doctrine document entitled equity evidence executed father following JUDGMENT:-This freight Frere and Holloway Gauri Vallaba ground heirs held High Court Hindu Hindú law husband Inam inheritance issue judgment Lady Jocelyn land lien Lower Court Madras March 17 Mayne ment mortgage Muttu November November 17 opinion Original Suit parties payment person Pillai plaint plaintiff possession Principal Sadr Amín Privy Council question Rajahmundry recover referred Regular Appeal respondent rule Rupees Sadr Court Scotland second defendant Section Small Cause Court Special Appeal statute sued Tévar tion undivided widow zamíndárí
Popular passages
Page 106 - as the agent of the charterer may direct (the act of God, the Queen's enemies, fire and all and every other dangers and accidents of the seas, rivers and navigation of whatever nature and kind soever excepted) unto
Page 107 - as per charterparty with average accustomed. In witness whereof the Master or Purser of the said ship hath affirmed to three bills of lading all of this tenor and date, the one of which bills being accomplished the others to stand void.
Page 58 - whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine"), and to
Page 277 - malo non oritur actio. No Court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiffs own stating or otherwise, the cause of action appear to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says
Page 105 - or so near thereunto as she may safely get, and deliver the same alongside any craft, steamer, floating depot, or pier where she can lie afloat, as ordered by the consignee, notice to be given to the agents of the vessel being ready to discharge (the act of God, the Queen's enemies,
Page 105 - said freighter binds himself to ship, not exceeding what she can reasonably stow and carry, over and above her tackle, apparel, provisions, and furniture, and freighter to name stevedore, and being so loaded shall therewith proceed to
Page 277 - has no right to be assisted. It is upon that ground the Court goes, not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant were to bring his action against the plaintiff, the latter would then have the
Page 216 - which may extend to ten years, shall be ' punished with imprisonment of either description for a term which ' may extend to three years and shall also be liable to fine ; and if ' the offence is punishable with imprisonment not extending to ten
Page 361 - And it shall be lawful for the Court to make binding declarations of right without granting consequential relief That seems to imply that it contemplates a case in which the Court is capable of giving consequential relief. Here there is not merely no consequential relief asked but none is capable of being given. I am of opinion that
Page 461 - by order of the Court executing the decree, and not by separate suit, and the order passed by the Court shall be open to appeal. Provided that if upon a perusal of the petition of appeal and of the order against which the appeal is made, the Court shall see