Bombay High Court Reports: Reports of Cases Decided in the High Court of Bombay. I-XII, 1862-1875, Հատոր 8

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Printed at the Education Society's Press, Byculla, 1872

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Common terms and phrases

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Էջ 229 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be considered as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.
Էջ 74 - Offences, and they are hereby respectively authorized, empowered, and required to institute and carry on all such Proceedings for the bringing of such Person so charged as aforesaid to Trial, and for and auxiliary to and consequent upon the Trial of any such Person for any such Offence wherewith he may be charged as aforesaid, as by the Law of...
Էջ 139 - Montague (b) the court said that counsel "hath a privilege to enforce anything which is informed unto him for his client, and to give it in evidence, it being pertinent to the matter in question ; and not to examine whether it be true or false...
Էջ 81 - ... as by the Law of such Colony would and ought to have been had and exercised or instituted and carried on by them respectively if such Offence had been committed, and such Person had been charged with having committed the same, upon any Waters situate within the Limits of any such Colony, and within the Limits of the local Jurisdiction of the Courts of Criminal Justice of such Colony.
Էջ 102 - And we do further ordain that the said High Court of Judicature at Bombay, in the exercise of its ordinary original civil jurisdiction, shall be empowered to receive, try, and determine suits of every description, if, in the case of suits for land or other immoveable property, such land or property shall be situated, or in all other...
Էջ 139 - Popham said, but matter not pertinent to the issue or the matter in question he need not deliver, for he is to discern in his discretion what he is to deliver, and what not; and although it be false, he is excusable, being pertinent to the matter.
Էջ 81 - Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".
Էջ 186 - The authorities upon this subject," said the court, " lead, I think, to these conclusions : that every case of this nature must depend upon its own circumstances, and that this court will not interfere by way of mandatory injunction, except in cases in which extreme, or at all events very serious, damage will ensue from its interference being withheld.
Էջ 62 - Offence, of what nature or kind soever, committed upon the Sea, or in any Haven, River, Creek, or Place where the Admiral or Admirals have Power, Authority, or Jurisdiction, or if any person charged with the Commission of any such Offence upon the Sea, or in any such Haven, River, Creek, or Place shall be brought for Trial to any Colony, then and in every such Case all Magistrates, Justices of the Peace, public Prosecutors.
Էջ 229 - 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.

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