The Law of Limitation and Prescription in British India: Including Easements with an Appendix of Acts, and a Full Commentary of Act 15, 1877Calcutta Central Press, 1889 - 760 էջ |
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Common terms and phrases
14 Calc 9 Calc 9 Mad acknowledgment acquiescence acquired acquisition Act IX Act VIII Act XV adverse possession appeal apply barred by limitation Bengal Bombay Bombay High Court breach British India Calcutta Calcutta High Court cause of action Chunder claim claimant contract Darby and Bosanquet debt debtor decree defendant disability dispossessed Ditto dominant owner Doorga easement effect enactment English law enjoyment entitled execution expressly extinguished fraud Goddard Gopal held High Court Hindu immoveable property judgment Koylas laches Lall land landlord law of limitation LECTURE Legislature lex fori Limitation Act Mahomed ment Mohun mortgagee mortgagor Narain Nath party payable payment period of limitation Pershad person plaintiff prescribed period prescription presumption Privy Council provisions recover rent Richard Garth rule Sched servient heritage servient owner sion statute suit supra tenant tion trespasser twelve words
Սիրված հատվածներ
Էջ 467 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Էջ 517 - ... during the continuance of such term, shall be excluded in the computation of the said period of forty years, in case the claim shall within three years next after the end or sooner determination of such term be...
Էջ 406 - An Act for continuing in the East India Company, for a further term, the possession of the British territories in India, together with...
Էջ 469 - ... any term of life or any term of years exceeding three years from the granting thereof...
Էջ 538 - That every such action shall be for the benefit of the wife, husband, parent and child of the person whose death shall have been so caused...
Էջ 468 - That, in the several cases mentioned in and provided for by this act, no presumption shall be allowed or made in favour or support of any claim, upon proof of the exercise or enjoyment of the right or matter claimed for any less period of time or number of years than for such period or number mentioned in this act, as may be applicable to the ciise and to the nature of the claim.
Էջ 468 - ... mentioned shall have been or shall be an infant, idiot, non compos mentis, feme covert, or tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, shall be eicluded in the computation of the periods herein-before mentioned, except only in cases where the right or claim is hereby declared to be absolute and indefeasible.
Էջ 467 - ... years, but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated...
Էջ 230 - If a debtor simply acknowledges an old debt, the law implies from that simple acknowledgment a promise to pay it ; for which promise the old debt is a sufficient consideration. But if the debtor promises to pay the old debt when he is able, or by instalments, or in two years, or out of a particular fund...
Էջ 67 - Provided always, and be it further enacted, that nothing in this act contained shall be deemed to interfere with any rule or jurisdiction of courts of equity in refusing relief on the ground of acquiescence or otherwise to any person whose right to bring a suit may not be barred by virtue of this act.