A Digest of Hindu Law: On Contracts and Successions, with a Commentary, Volume 1J. Higginbotham, 1864 - Contracts |
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Page xxxiii
... DEPOSITS , SALE WITHOUT OWNERSHIP , CONCERNS AMONG PARTNERS , AND SUBTRACTION OF WHAT HAS BEEN GIVEN . CHAPTER I. ON ... deposit , and crime of neglecting it . Lost by the fault of the 183 230 Page . depositary it must be made good by ...
... DEPOSITS , SALE WITHOUT OWNERSHIP , CONCERNS AMONG PARTNERS , AND SUBTRACTION OF WHAT HAS BEEN GIVEN . CHAPTER I. ON ... deposit , and crime of neglecting it . Lost by the fault of the 183 230 Page . depositary it must be made good by ...
Page xxxiv
... Deposit from a Bailee withholding it ; or the value with interest , if it have been abused or lost by his fault . In both cases fines to the king . A false claim also pu- nished by fine . Embezzlement under false pretences punished by ...
... Deposit from a Bailee withholding it ; or the value with interest , if it have been abused or lost by his fault . In both cases fines to the king . A false claim also pu- nished by fine . Embezzlement under false pretences punished by ...
Page 3
... Deposit , pledge ; especially one which is open , or which if sealed , is specified as to its contents , in opposition to the Upanidhi , or sealed or unknown deposit . 3 , Asvámivikraya , Sale without ownership . 4 , Sambhúya samutthána ...
... Deposit , pledge ; especially one which is open , or which if sealed , is specified as to its contents , in opposition to the Upanidhi , or sealed or unknown deposit . 3 , Asvámivikraya , Sale without ownership . 4 , Sambhúya samutthána ...
Page 16
... deposits and the like . The motive for avoiding such trans- actions is the apprehension of forfeiting friendship . But a distinction will be mentioned in another place . It is deduced from the obvious sense of the texts , that a loan ...
... deposits and the like . The motive for avoiding such trans- actions is the apprehension of forfeiting friendship . But a distinction will be mentioned in another place . It is deduced from the obvious sense of the texts , that a loan ...
Page 22
... deposited on the land not claimed by another . 3 Páshána , mountains , rocks , uncultivable or rocky land , and their contents and products , as mines , minerals & c . 4 Siddhi , all cultivable land yielding produce . 5 Sádhya , the ...
... deposited on the land not claimed by another . 3 Páshána , mountains , rocks , uncultivable or rocky land , and their contents and products , as mines , minerals & c . 4 Siddhi , all cultivable land yielding produce . 5 Sádhya , the ...
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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