The Bengal Law Reports of Decisions of the High Court at Fort William Civil and Criminal in Its Original and Appellate Jurisdictions: Privy Council Decisions on Indian Appeals; Orders and Rules of the High Court; and Revenue Circular Orders ..., Τόμος 15

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Printed and pub. for the Bengal Council of Law Reporting by Thacker, Spink, & Company, 1875

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Σελίδα 21 - The question remains whether the. plaintiff has made out his title; for he must recover (if at all) upon the strength of his own title, and not upon the weakness of that of his adversaries.
Σελίδα 98 - No action or proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make binding declarations of right whether any consequential relief is or could be claimed or not.
Σελίδα 7 - I am not aware of any case in which it has been applied to which that remark would not be applicable.
Σελίδα 395 - ... (c) any other questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, or to the stay of execution thereof. Nothing in this section shall be deemed to bar a separate suit for mesne profits accruing between the institution of the first suit and the execution of the decree...
Σελίδα 217 - But even if this were true, it is not in every case in which a man has benefited by the money of another, that an obligation to repay that money arises. The questiou is not to be determined by nice considerations of what may be fair or proper according to the highest morality. To support such a suit there must be an obligation, express or implied, to repay. It is well settled that there is no such obligation in the case of a voluntary payment by A of B's debt.
Σελίδα 118 - ... a question of right to enhance or vary the rent of a ryot or tenant, or any question relating to a title to land, or to some interest in land as between parties having conflicting claims thereto, has not been determined by the judgment.
Σελίδα 335 - And in the case put, the surety is held to be discharged, for this reason, because the creditor by so giving time to the principal has put it out of the power of the surety to consider whether he will have recourse to his remedy against the principal or not, and because he, in fact, cannot have the same remedy against the principal as he would have had under the original contract.
Σελίδα 61 - And the reason is,' said Wood, VC, in Fitzgerald v. Champenys, (30 LJNS Eq. 782 ; 2 Johns. & Hem. 31, 54,) ' that the legislature having had its attention directed to a special subject, and having observed all the circumstances of the case and provided for them, does not intend by a general enactment afterwards to derogate from its own act when it makes no special mention of its intention so to do.

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