The Law of Specific Relief in India: Being a Commentary on Act I of 1877 |
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The Law Of Specific Relief In India: Being A Commentary On Act I Of 1877 India,Charles Collett,Henry Norman Morison No preview available - 2023 |
The Law of Specific Relief in India: Being a Commentary on ACT I of 1877 Charles Collett,India,Henry Norman Morison No preview available - 2015 |
The Law of Specific Relief in India: Being a Commentary on ACT I Of 1877 Charles Collett,India,Henry Norman Morison No preview available - 2015 |
Common terms and phrases
agreed agreement alleged apply appointed arbitration assignment award Beav benefit breach Chunder claim clause co-parceners compel compensation constructive notice constructive trusts contracts to sell conveyance courts of equity covenant damages decision declaration decree deed defendant discretion dispossession effect English English law entitled executed executory fact favour fraud granted ground held Hindu Hindu law Illustration India Indian Contract Act injunction injunction to restrain injury instrument intended interest land lease lessee lessor liable limited matter ment mistake mistake of fact mortgage Moxhay notice object obtained owner partner partnership party person plaintiff possession principle provision purchaser question receiver refused remainderman remedy rent rescission restrictive covenants resulting trust reversioner rule seller settlor Singh solicitor specific performance specific relief specifically enforced Story's Eq subject-matter Sugden's suit tenant tion trespass ultra vires vendor voidable voluntary settlement waste
Popular passages
Page 189 - Ignorantia juris haud excusat ' ; but in that maxim the word ' jus ' is used in the sense of denoting general law. the ordinary law of the country. But when the word ' jus ' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of (1) LR 2 HL, 149.
Page 204 - Reason and justice seem to prescribe that, at least as a general rule, where a man, by gift or purchase, acquires property from another, with knowledge of a previous contract, lawfully and for valuable consideration made by him with a third person, to use and employ the property for a particular purpose in a specified manner, the acquirer shall not, to the material damage of the third person, in opposition to the contract and inconsistently with it, use and employ the property in a manner not allowable...
Page 459 - But a license to hunt in a man's park and carry away the deer killed to his own use; to cut down a tree in a man's ground, and to carry...
Page 24 - ... where the relations between the donor and donee have, at, or shortly before, the execution of the gift, been such as to raise a presumption that the donee had influence over the donor.
Page 454 - If the thing sought to be prohibited is in itself a nuisance, the Court will interfere to stay irreparable mischief without waiting for the result of a trial ; and will, according to the circumstances, direct an issue or allow an action, and, if need be, expedite the proceedings, the injunction being in the meantime continued.
Page 287 - Any person entitled to any legal character, or to any right as to- any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief; Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than э mere declaration of title, omits to do...
Page 148 - A contract, to be specifically enforced by the court, must be mutual ; that is to say, such that It might, at the time it was entered Into, have been enforced by either of the parties against the other of them.
Page 167 - ... though not against the policy of the law, yet is an effort to divest the ordinary jurisdiction of the common tribunals of justice, such as an agreement in case of dispute to refer the same to arbitration, a court of equity will not any more than a court of law interfere to enforce the agreement, but it will leave the parties to their own good pleasure in regard to such agreements.
Page 41 - By the interpretation clause, s. 3, " a person is said to have notice of a fact either when he actually knows that fact or when, but for wilful abstention from inquiry or gross negligence, he would have known it, or when information of the fact is given to or obtained by his agent under the circumstances mentioned in the Indian Contract Act, 1872, s. 229" (ie, in the course of the business transacted by him for the principal).
Page 455 - If a party, having a right, stands by and sees another dealing with the property in a manner inconsistent with that right, and makes no objection while the act is in progress, he cannot afterwards complain.