Digest of Hindu Law, on Contracts and Successions, Volume 1Higginbotham, 1874 - Civil law |
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Page xxxvi
... Punishment of a fraudulent mortgager . If priority be not ascertained , the earliest possessor retains the pledge . In the case of equal claims , the pledge is shared . Written evidence prevails over oral testimony . The most definite ...
... Punishment of a fraudulent mortgager . If priority be not ascertained , the earliest possessor retains the pledge . In the case of equal claims , the pledge is shared . Written evidence prevails over oral testimony . The most definite ...
Page xxxvii
... Punishment of a fraudulent debtor . Renewal of the contract in case of non - payment . A contested debt must be proved . Fine for enforcing payment of a doubtful demand . Penalties on parties cast in court . Preference of creditors ...
... Punishment of a fraudulent debtor . Renewal of the contract in case of non - payment . A contested debt must be proved . Fine for enforcing payment of a doubtful demand . Penalties on parties cast in court . Preference of creditors ...
Page xxxviii
... punished by fine . Embezzlement under false pre- tences punished by corporal pains . Loans for use restored when the purpose ... punishment of a claimant failing in the proof of his case . Suit between the claimant and seller , if found ...
... punished by fine . Embezzlement under false pre- tences punished by corporal pains . Loans for use restored when the purpose ... punishment of a claimant failing in the proof of his case . Suit between the claimant and seller , if found ...
Page xl
... Revocable gifts . Reward of gifts . Gifts on illegal or mistaken considerations void . Unguarded words are vain . Punishment of illegal gifts ...... 453 PART I. CONTRACTS . PREFACE OF THE COMPILER . ( xl CONTENTS OF VOLUME I.
... Revocable gifts . Reward of gifts . Gifts on illegal or mistaken considerations void . Unguarded words are vain . Punishment of illegal gifts ...... 453 PART I. CONTRACTS . PREFACE OF THE COMPILER . ( xl CONTENTS OF VOLUME I.
Page 9
... punishment . Creditorship and debtorship are distinguished by some peculiarities ; the definitions are not therefore identical ; t it is the same in speaking of undivided brethren , and the like . The delivery of a loan or debt ...
... punishment . Creditorship and debtorship are distinguished by some peculiarities ; the definitions are not therefore identical ; t it is the same in speaking of undivided brethren , and the like . The delivery of a loan or debt ...
Common terms and phrases
according act of GOD agreement amercement assent authority bailed bailment borrower Brahmana cáyicá CHANDESWARA chattel cited compelled Consequently creditor CULLÚCABHATTA debt contracted debtor declared delivered delivery deposit depositary discharge the debt distress double eightieth equal explained expounded father forfeited gift give given gloss grain heir hemistich Hindu Law hundred hypothecation intended king land legal deceit lender lent loan mentioned MISRA Mitácshará mode month mortgage offence opinion ordained owner paid panás parceners partners party pay the debt payment person pledge for custody principal principal sum promised propounded punishment purána purchase receipt received recover rest restored Retnácara rites rule sacrificer Sage says seller sense share signifies Sir WILLIAM JONES slave stipulated interest subsistence suvernas term text of CÁTYÁYANA text of MENU text of NÁREDA text of VRIHASPATI text of YAJNYAWALCYA thing understood usufruct usury VÁCHESPATI Vaisya valid Védas VISHNU VYASA whole wife word
Popular passages
Page 24 - Thou shalt not lend upon usury to thy brother; usury of money, usury of victuals, usury of any thing that is lent upon usury : unto a stranger thou mayest lend upon usury ; but unto thy brother thou shalt not lend upon usury...
Page xii - of kings, far more powerful and rigid than they : nothing " can be mightier than law, by whose aid, as by that of the " highest monarch, even the weak may prevail over the strong.
Page 443 - Three persons, a wife, a son, and a slave, are declared by law to have (in general) no wealth exclusively their own ; the wealth which they may earn is (regularly) acquired for the man to whom they belong.
Page vi - ... would have thought the most grievous oppression, should not be superseded by a new system, of which they could have no knowledge, and which they must have considered as imposed on them by a spirit of rigour and intolerance. So far the principle of decision between the native parties in a cause appears perfectly clear: but the difficulty lies (as in most other cases) in the application of the principle to practice; for the Hindu and Muselman laws are locked up for the most part in two very difficult...
Page v - Nothing indeed could be more obviously just, than to determine private contests according to those laws, which the parties themselves had ever considered as the rules of their conduct and engagements in civil life...
Page 93 - A decision must not be made solely by having recourse to the letter of written codes ; since, if no decision were made according to the reason of law, ('or according to immemorial usage ; for the word yucti admits both senses,') there might be a failure of justice.
Page vi - ... body of men ; but my experience justifies me in declaring, that I could not with an easy conscience concur in a decision, merely on the written opinion of native lawyers, in any cause in which they could have the remotest interest in misleading the court : nor, how vigilant soever we might be, would it be very difficult for them to mislead us; for a single obscure text, explained by themselves, might be quoted as express authority, though perhaps in the very book, from which it was selected,...
Page 296 - By conquest, the earth became the property of the holy PARASU RAMA ; by gift, the property of the Sage CASYAPA ; and, committed by him to Cshatriyas for the sake of protection, became their protective property successively held by powerful conquerors, and not by subjects cultivating the soiL...
Page vii - The court of appeals in civil suits. gratify the emperor by quickness of dispatch ; but, with all its imperfections, it is a most valuable mine of judicial knowledge; it gives law, at this hour, to the greatest part of Europe; and, though few English lawyers dare make such an acknowledgment, it is the true source of nearly all our English laws, that are not of a fendal origin.
Page 10 - Brahmana, unable to subsist by his duties, may live by the duty of a soldier ; if he cannot get a subsistence by either of these employments, he may apply to tillage, and attendance on cattle, or gain a competence by traffic, avoiding certain commodities. A Cshatriya, in distress, may subsist by all these means; but he must not have recourse to the highest functions.