The Bombay Law Reporter, Volume 10Bombay Law Reporter Office, 1908 |
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Expressions et termes fréquents
adopted agreement ancestral property application authority Barrister-at-Law Bombay High Court Brahmanas brought Calcutta Calcutta High Court Civil Procedure Code claim co-parceners competent to try coparcener creditor Criminal debtor debts decided decision decree defendant Demi 8vo District edition English law entitled fact father father-in-law firm followed former suit heir held High Court Hindu family Hindu law husband insolvency interest joint family joint tenancy Judge judgment judicial jurisdiction Justice land liability Lord Lordships Madras Madras High Court maintain maintenance Manu Manu Smriti marriage matter Mitakshara mortgage Munsiff operate as res parties partner partnership payment person plaintiff Pleader possession predeceased present principle Privy Council provisions public policy question of title reference regards res judicata rule sapinda second appeal second suit seisin self-acquired property Smritis statute subsequent suit survivorship Temple Bar tenants texts tion TRICHINOPOLY widow words Yajnavalkya
Fréquemment cités
Page 139 - In contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Page 6 - I think the proper course is in the first instance to examine the language of the statute and to ask what is its natural meaning, uninfluenced by any considerations derived from the previous state of the law, and not to start with inquiring how the law previously stood, and then, assuming that it was probably intended to leave it unaltered, to see if the words of the enactment will bear an interpretation in conformity with this view.
Page 6 - If a statute intended to embody in a code a particular branch of the law is to be treated in this fashion, it appears to me that its utility will be almost entirely destroyed, and the very object with which it was enacted will be frustrated.
Page 84 - ... person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made : (a) When a partnership liability results, he is liable as though he were an actual member of the partnership.
Page 36 - The other is that a case is only an authority for what it actually decides. I entirely deny that it can be quoted for a proposition that may seem to follow logically from it. Such a mode of reasoning assumes that the law is necessarily a logical code, whereas every lawyer must acknowledge that the law is not always logical at all.
Page 84 - Every one who by words spoken or written or by conduct represents himself, or who knowingly suffers himself to be represented, as a partner in a particular firm...
Page 84 - Where a man holds himself out as a partner, or allows others to do it, he is then properly estopped from denying the character he has assumed, and upon the faith of which creditors may be presumed to have acted. A man so acting may be rightly held liable as a partner by estoppel.
Page 158 - ... who being a son or sons shall attain the age of twenty-one years or being a daughter or daughters shall attain that age or marry...
Page 87 - Every partner is in contemplation of law the general and accredited agent of the partnership, or as it is sometimes expressed, each partner is pneponitus negotiis societatis, and may consequently bind all the other partners by his acts in all matters which are within the scope and objects of the partnership. Hence, if the partnership be of a general commercial nature, he may pledge or sell the partnership property; he may buy goods on account of the partnership...
Page 22 - There are five necessary elements of a riot: (1) Number of persons, three at least ; (2) common purpose ; (3) execution or inception of the common purpose ; (4) an intent to help one another by force if necessary against any person who may oppose them in the execution of their common purpose ; (5) force or violence not merely used in demolishing, but displayed in such a manner as to alarm at least one person of reasonable firmness and courage " (per Phillimore, J., Field v.