A Digest of Hindu Law: On Contracts and Successions, with a Commentary, Volume 1J. Higginbotham, 1864 - Contracts |
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Page xxxiii
... not to his heir in his life- time without his assent . The obligation of carefully guarding a deposit , and crime of neglecting it . Lost by the fault of the 183 230 Page . depositary it must be made good by him CONTENTS OF VOLUME I.
... not to his heir in his life- time without his assent . The obligation of carefully guarding a deposit , and crime of neglecting it . Lost by the fault of the 183 230 Page . depositary it must be made good by him CONTENTS OF VOLUME I.
Page xxxiv
... fault it is lost , must sustain the loss ...... .... 269 Sect . II . On the Recovery of a 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 ...
... fault it is lost , must sustain the loss ...... .... 269 Sect . II . On the Recovery of a 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 ...
Page xxxv
... fault of one must be made good by him . A partner claims a tenth part of property saved by him . A fraudulent partner expelled without profit . A substitute ap- pointed to act for a disabled partner . Care of the effects be- longing to ...
... fault of one must be made good by him . A partner claims a tenth part of property saved by him . A fraudulent partner expelled without profit . A substitute ap- pointed to act for a disabled partner . Care of the effects be- longing to ...
Page 33
... fault ? If so , the ser- vant's master is amenable : the servant being faultless , and the master need- ing another servant , this servant should not be dismissed ; for his dismission could only originate in malice . This is consistent ...
... fault ? If so , the ser- vant's master is amenable : the servant being faultless , and the master need- ing another servant , this servant should not be dismissed ; for his dismission could only originate in malice . This is consistent ...
Page 70
... faults of human authors . Therefore , while to us those agreements are of authority which were made by men who knew the law , the Védas , again , were the authority for those men themselves , like MANU & c . And although we have not ...
... faults of human authors . Therefore , while to us those agreements are of authority which were made by men who knew the law , the Védas , again , were the authority for those men themselves , like MANU & c . And although we have not ...
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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