A Digest of Hindu Law: On Contracts and Successions, with a Commentary, Volume 1J. Higginbotham, 1864 - Contracts |
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Page 9
... borrower asks for money ; next , the lender gives the money , saying or thinking , " so much interest must be paid , and the principal sum be repaid : " property is thereby vested in the user or debtor ; for the verb " give " signifies ...
... borrower asks for money ; next , the lender gives the money , saying or thinking , " so much interest must be paid , and the principal sum be repaid : " property is thereby vested in the user or debtor ; for the verb " give " signifies ...
Page 16
... borrower , this security is also intend- ed by the text . In like manner , where land belonging to any person is taken by another for the purpose of tillage , if the landlord ask a loan of the cultivator , and he advance the loan even ...
... borrower , this security is also intend- ed by the text . In like manner , where land belonging to any person is taken by another for the purpose of tillage , if the landlord ask a loan of the cultivator , and he advance the loan even ...
Page 19
... borrower is inserted with the termination of the sixth case before the word " user " or borrower ( C'hádaca . ) Next , the word " Casya " is written : after which a word expressive of bond or obligation for debt is inserted , and ...
... borrower is inserted with the termination of the sixth case before the word " user " or borrower ( C'hádaca . ) Next , the word " Casya " is written : after which a word expressive of bond or obligation for debt is inserted , and ...
Page 20
... borrower should sign his name with his own hand ; adding , " what is above written has the assent of me , son of such a one . " This suggests , that the debtor's name should be written above the contract . We do not determine whether ...
... borrower should sign his name with his own hand ; adding , " what is above written has the assent of me , son of such a one . " This suggests , that the debtor's name should be written above the contract . We do not determine whether ...
Page 21
... charitable purposes . Tavani Kriya - patram , a sale of land & c . , redeemable within a fixed period . Suddhakriya - patram , an absolute bill of sale . XXI . VYÁSA : -But a borrower , who is SECT . II . ] 21 ON LOANS IN GENERAL .
... charitable purposes . Tavani Kriya - patram , a sale of land & c . , redeemable within a fixed period . Suddhakriya - patram , an absolute bill of sale . XXI . VYÁSA : -But a borrower , who is SECT . II . ] 21 ON LOANS IN GENERAL .
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Common terms and phrases
according act of GOD agreement amercement assent authority bailed bailment borrower Brahmana CÁTYÁYANA cáyicá CHANDESWARA chattel cited Consequently creditor CULLÚCABHATTA debt contracted debtor declared delivered delivery deposit depositary DEVADATTA discharge the debt distress double eightieth explained expounded father forfeited gift given gloss grain grandson heir hemistich Hindu Law hundred hypothecation intended king kinsman land legal deceit lender lent loan mentioned MISRA Mitácshará mode month mortgage offence opinion ordained owner paid panas parceners party Pausha pay the debt payment person pledge for custody priest principal sum promised propounded punishment purána receipt received recover rest restored Retnácara rule Sage sale without ownership says sense share signifies Sir WILLIAM JONES stipulated interest subsistence suvernas term text of MENU text of NAREDA text of VRIHASPATI text of YAJNYAWALCYA thing understood usufruct usury VÁCHESPATI Vaisya valid Védas VISHNU VYASA whole wife witnesses word
Popular passages
Page 28 - 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 449 - 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 vii - 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 99 - 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 viii - ... 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 ix - 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 12 - Besides the particular occupations assigned to each of the mixed classes, they have the alternative of following that profession which regularly belongs to the class from which they derive their origin on the mother's side.
Page viii - Hall, of whose discernment I had the highest opinion ;! and those sentiments I propose to unfold in this letter with as much brevity as the magnitude of the subject will admit.
Page iii - A Digest of Hindu Law on Contracts and Successions, with a Commentary by Jagannatha Tercapanchanana, translated from the original Sanscrit, by HT Colebrooke, Esq., in three volumes, London, 1801.
Page 179 - The sons must pay the debt of their father, when proved, as if it were their own, or with interest ; the son's son must pay the debt of his grandfather, but without interest ; and his son shall not be compelled to discharge it " ; to which the gloss is added " unless he be heir and have assets