cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  August 5  1901

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday August 5 1901

1901

The Will directs that the testator's residuary estate "shall descend in equal shares to the eldest son to be born to each of the daughters of my late brother.". " The sons of those daughters (of my brother) shall after their birth remain under the guardianship of the executor sahib until they attain Majority at the expiry of 21 (twenty-one) years and whenever the eldest son of any of the la [...] Consequently there was an ambiguity ; putting therefore himself in the position of the testator he found that ten years later than the date of the Will the testator in his account books frequently referred to the society as the British and Foreign Schools that was evidence admissible to explain the meaning and his judgment must be in favour of the society. [...] Mayne on the evidence contending that on the oral evidence it was proved that the money was paid for the Raja and received into his house and all the proce_dings up to and including the account were passed through his oflice in the usual course of business and that there wan no reason to dibelieve the witnesses who assert that the Raja was personally cognizant of the transaction. [...] The Plaintiffs so far as can be gathered from the materials upon the record were disputing the right of the Defendants (the Plaintiffs in that case) to obtain possession of the property under their assignment from Ilidliumukki ; and it can hardly be said that they were in the position of tortfeasors within the meaning of the expression as used by the learned Chief Justice in the case of Tilak Ch [...] On appeal the Additional District Judge of Alipur held tha in the absence of all documentary evidence the long possession of the vendor Defendants the Sarbadhikaris and their ancestors and the fact that the landlord permitted a pucca house to be built upon the land by the tenant which house had been standing for a considerable time raised the prsumption that the original grant was some kin
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday August 5 1901
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