Reports of Important Cases Heard and Determined by the Supreme Court of Ceylon ...: 1860, 1861 and 1862. 1880J. de Leema, 1880 |
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Reports of Important Cases Heard and Determined by the Supreme Court of ... Ceylon Supreme Court Sin vista previa disponible - 2016 |
Términos y frases comunes
action agreement amount apply arrack assignees August Batticaloa Caffary Ceylon claim clause Colombo consider conveyance costs Court of Ceylon Court of Kandy Court of Requests creditors criminal D. C. Kandy David Baird Lindsay debt decree deed defendant defendant's District Court District Judge Edermanesingham Elk Cottage English law entitled evidence execution executor fact favour follows fraud further Galle George Smyttan Duff given habeas corpus held Hudson husband hypothec insolvency interest intervenient Island issue Jaffna James Ingleton judgment Justice Kandyan Law Kandyan Provinces Kershaw land liable Lordships Magistrate Martin and Marshall mayoraal ment mesne profits mortgage opinion Order in Council Ordinance paid parties payment person plaint plaintiff pleading Police possession pounds present Present:-CREASY proceedings Proctor question recover respect respondents Roman Dutch Law shew Sinnaya Chetty STERLING suit Supreme Court Supreme Court thinks TEMPLE tion Viscardi wife wife's words writs of habeas
Pasajes populares
Página 20 - That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Página 13 - The rule by which we are to be guided in construing Acts of Parliament is to look at the precise words, and to construe them in their ordinary sense, unless it would lead to any absurdity or manifest injustice ; and if it should, so to vary and modify them as to avoid that which it certainly could not have been the intention of the Legislature should be done.
Página 51 - It was upon the obligation created by that bond the action proceeded. David Baird Lindsay is described in the bond as the sole executor in Ceylon of the Testator, Martin Lindsay ; but although he is thus described in the bond, the condition of the bond is for the payment by him, his heirs, executors and administrators ; and their Lordships do not think that the description in the bond can in any way alter the liability upon it, or convert the debt which was by law his personal debt, into a debt due...
Página 57 - Committee as to the nature of the proceedings. And Her Majesty is further pleased to order, and it is hereby ordered, that the foregoing Rules and Regulations be punctually observed, obeyed, and carried into execution in all Appeals or petitions and complaints in the nature of Appeals brought to Her Majesty, or to Her heirs and successors...
Página 13 - The unexplained fact that a partnership security has been received from one of the partners in discharge of a separate claim against himself is a badge of fraud, or of such palpable negligence as amounts to fraud, which it is incumbent on the party who so took the security to remove, by showing either that the partner from whom he received it acted under the authority of the rest, or at least that he himself had reason to believe so.
Página 105 - ... the corn and other growth of the earth which are produced, not spontaneously, but by labour and industry), a contract for the sale of them while growing, whether they are in a state of maturity, or whether they have still to derive nutriment from the land in order to bring them to that state, is not a contract for the sale of any interest in land, but merely for the sale of goods.
Página 73 - The doctrine of estoppel, however, so far as it applies to persons falling under these denominations, applies to them under one and the same principle, namely, that a party claiming through another is estopped by that which estopped that other respecting the same subject matter.
Página 16 - In many cases of partnership and different private concerns, it is " frequently necessary, for the salvation of the partnership, that the " private demand of one partner should be satisfied at the moment...
Página 104 - ... exclusive right to the land for a time for the purpose of making a profit of the growing surface, it would be a contract for the sale of an interest in or concerning lands, and would then fall unquestionably within the range of Crosby v.
Página 20 - It is perfectly settled, that where the contract, which the plaintiff seeks to enforce, be it express or implied, is expressly or by implication forbidden by the common or statute law, no Court will lend its assistance to give it effect. It is equally clear that a contract is void if prohibited by a statute, though the statute inflicts a penalty only, because such a penalty implies a prohibition.