cover image: The Indian Decisions (New Series)  Being A Re-Print of All the Decisions of the Privy Council on Appeals from India and of the Various High Courts and Other Superior Courts in India Reported Both in the Official and Non-Official Reports from 1875  Bombay  (1893-1894) I.L.R. 17 and 18  Bombay

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The Indian Decisions (New Series) Being A Re-Print of All the Decisions of the Privy Council on Appeals from India and of the Various High Courts and Other Superior Courts in India Reported Both in the Official and Non-Official Reports from 1875 Bombay (1893-1894) I.L.R. 17 and 18 Bombay

1915

The question, what right of Tahira was sold in 1866, depended on the validity and effect of a disposition, made in the wakfnama of 1838, for the benefit of the family and heirs of Karimuddin. [...] The issue adjusted to try the only matter affecting the merits of the case, namely, the nature of the interest which the judgment-debtor had in the lands sold for her debt, was thus expressed, Is the wakfnama of 1838 valid according to the Mahomedan law The Second Class Subordinate Judge of Panvel found for the appellants, being of opinion that Karinoundin’s deed of 1838, although ineffectual to c [...] The lands are destined to his wives and children, and to the descendants of the latter in perpetuity in the order and according to the shares prescribed by the Mahomedan law of succession, but subject to the limitation that none of them shall have the power of alienation by sale, gift, or mortgage. [...] The general law, as to the necessity of joining as parties to the suit all persons who have a joint or common interest in the cause [9] of action, and as to the consequences of a misjoinder of plaintiffs may be said to be now practically identical under English law and under the practice of the Indian Courts. [...] In the judgment of the third Judge of the Small Cause Court in a case sent up with this reference, it is stated that the practice of the Small Cause Court in Bombay has, hitherto, been not to join the heirs of a deceased co-partner with the surviving partners when suing for a partner- ship debt.
law
Pages
1184
Published in
India
SARF Document ID
sarf.100024
Segment Pages Author Actions
Frontmatter
i-xvi The Lawyer’s Companion Office, Trichinopoly and Madras view
I.L.R. 17 Bombay
1-508 The Lawyer’s Companion Office, Trichinopoly and Madras view
I.L.R. 18 Bombay
509-1026 The Lawyer’s Companion Office, Trichinopoly and Madras view
General Index
1027-1168 The Lawyer’s Companion Office, Trichinopoly and Madras view

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