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Lawrance's Bengal Law Reports Volume 4; Being Decisions of the High Court at Calcutta, and of Her Majesty's Privy Council on Indian Appeals, 1868-75. India High Court

Lawrance's Bengal Law Reports Volume 4; Being Decisions of the High Court at Calcutta, and of Her Majesty's Privy Council on Indian Appeals, 1868-75
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Author: India High Court
Number of Pages: 390 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Format: eBook
ISBN: 9781130955620
File size: 37 Mb
File Name: Lawrance's.Bengal.Law.Reports.Volume.4;.Being.Decisions.of.the.High.Court.at.Calcutta,.and.of.Her.Majesty's.Privy.Council.on.Indian.Appeals,.1868-75.pdf
Download Link: Lawrance's Bengal Law Reports Volume 4; Being Decisions of the High Court at Calcutta, and of Her Majesty's Privy Council on Indian Appeals, 1868-75
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 Excerpt: ...payment of the money out of Court in pursuance of the terms of that contract would, I think, be unmistakeable waste. It seems to me that the fact of the contract of alienation being a material element to be considered in the question whether or not such a payment would be waste, does not have the effect of earring back the date of the contemplated waste to the date of the contract, and therefore the plaintiff is in time to question by this suit anything which may result from handing over this property to the alienees under the contract of 1859 15 Jan., 1870. VOL. IV. ORIGINAL JURISDICTION--CIVIL. 7 Coming next to my second question I think I ought to hold that 1869 the alienation is void by Hindu law as against the heirs. All Geose contracts of alienation of property, as I understand the Hindu Amirtamati law, which are made by a Hindu widow during her limited dasienjoyment of the inheritance, are liable to be avoided by the heirs on her deith, unless the alienee can defend the alienation by showing, either that there was in fact lawful occasion for the alienation, and that the bargain was fair and reasonable; or if this was not actually the case, that he at least acted fairly and honestly and was led by bond fide enquiry to believe that there was such occasion. Now Grose's evidence in this case leaves no room to doubt that there wa3 no enquiry whatever on his part. He cannot for a moment be allowed the benefit of the last alternative. Then was the alienation in fact justified; that is, was there lawful occasion for it, and was the consideration under the circumstances commensurate with the property decreed. Now on this point again I take it that no one can have the least doubt that the transaction was one purely of a gambling character. I think it is true t...

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