Judgments of the Privy Council on Appeals from India, Volume 3

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Página 421 - From the variety of cases," said he, " relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true : First, that the judgment of a court of concurrent jurisdiction, directly upon the point, is, as a plea, a bar, or, as evidence, conclusive between the same parties, upon the same matter, directly in question in another court...
Página 38 - 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 bond fide lender is not affected by the precedent mismanagement of the estate.
Página 16 - It is emphatically the will of the person who makes it, and is defined to be ' the legal declaration of a man's intentions which he wills to be performed after his death.
Página 16 - Therefore, since it is denied, that a gift or sale should be made, the precept is infringed by making one. But the gift or transfer is not null: for a fact cannot be altered by a hundred texts.
Página 266 - ... present or future, certain or contingent, ascertained or sounding only in damages, subsisting or supposed to subsist between the company and any contributory or alleged contributory, or other debtor or person apprehending liability to the company...
Página 42 - The actual pressure on the estate, the danger to be averted, or the benefit to be conferred upon it in the particular instance, is the thing to be regarded.
Página 32 - But they think that if he does not so enquire and acts honestly, the real existence of an alleged sufficient and reasonably credited necessity is not a condition precedent to the validity of his charge, and they do not think that under such circumstances he is bound to see to the application of the money.
Página 4 - A king, who knows the revealed law, must en' quire into the particular laws of classes, the laws or ' usages of districts, the customs of traders, and the ' rules of certain families, and establish their peculiar 'laws, if they be not repugnant to the law of GOD; 42.
Página 642 - ... exceptions which were taken to the decision of the inferior court, and there is no report of the arguments. Their lordships think, therefore, that that case cannot be treated as an authority sufficient to support the contention of the respondents ; and, on the whole, they think it their duty humbly to advise her Majesty to allow this appeal, and to order that the third article of the plaintiff's reply be rejected, and that there should be no costs of this appeal.
Página 266 - ... alleged contributory, or other debtor or person apprehending liability to the company, and all questions in any way relating to or affecting the assets of the company or the winding up of the company, upon the receipt of such sums, payable at such times and generally upon such terms as may be agreed upon, with power for the liquidators to take any security for the discharge of such debts or liabilities, and to give complete discharges in respect of all or any such calls, debts, or liabilities.

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