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according action Adawlut admitted adopted agreement alleged allowed amount annuity answer Appellant applied authority award Bond brought Calcutta cause circumstances claim Collector consideration considered costs Council course death deceased decision decree deed Defendant directed document East India Company effect entered entitled established evidence executed fact father filed fund further give given Government grant ground heir held Hindoo husband intention interest issue Judge judgment jurisdiction Justice lands late leave limits Lord Lordships Madras matter nature objection opinion Order in Council original paid parties payment persons petition Plaintiff possession present principal proceedings proved provisions purchase question Rajah reason received reference Regulation respect Respondent rule share Sudder Sudder Dewanny suit Supreme Court taken villages whole widow witnesses Zemindary Zillah
Seite 313 - established as a general principle that interest is allowed by law only upon mercantile securities, or in those cases where there has been an express promise to pay interest, or where such promise is to be implied from the usage of trade or other circumstances." Interest is not allowed at Common Law, Walker
Seite 132 - that now subsisting, by virtue of the several Acts before mentioned, at Fort William in Bengal, enacts, by section 7, ' that it shall and may be lawful for His Majesty, his Heirs and Successors, by Charter or Letters Patent under the Great Seal,
Seite 147 - bona fide lender is not affected by the precedent mismanagement of the estate. The actual pressure on the estate, the danger to be averted, or the benefit to be conferred, in the particular instance, or the criteria to be regarded. If that danger arises from any misconduct to which the
Seite 244 - same manner in all respects as if such offence had been wholly committed within the jurisdiction of the Court within the jurisdiction of which such offender shall be apprehended or be in custody.' The section here again reverts to the language of section 8 of the
Seite 9 - at or before the execution of these presents, the receipt whereof is hereby acknowledged as well by these presents as by the receipt for the same hereupon endorsed, and which said sum of money is hereby declared and agreed by all and every the parties hereto to be the sole, absolute, and proper moneys of
Seite 147 - A lender, however, in such circumstances, is bound to inquire into the necessities of the loan, and to satisfy himself as well as he can, with reference to the parties with whom he is dealing, that the Manager is acting in the particular instance for the benefit of the estate. If he does inquire, and acts honestly,
Seite 148 - the real existence of an alleged and reasonably-credited necessity is not a condition precedent to the validity of his charge, which renders him bound to see to the application of the money. The mere creation of a charge by a Manager securing a proper debt, is not to be viewed as an improvident act ; and a
Seite 247 - territories under the Government of the said United Company, in the same manner in all respects as if such offence had been wholly committed within the jurisdiction of the Court within the jurisdiction of which such offender shall be apprehended or be in custody.
Seite 159 - law, a limited and qualified power. It can only be exercised rightly in a case of need, or for the benefit of the estate. But where, in the particular instance, the charge is one that a prudent owner would make, in order to benefit the estate, the bona fide lender is not affected by the precedent mismanagement of the estate.