The Calcutta Law Reports of Cases Decided by the High Court, Calcutta; Also Judgments of H.M.'s Privy Council Volume 3

The Calcutta Law Reports of Cases Decided by the High Court, Calcutta; Also Judgments of H.M.'s Privy Council Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt: ...Lordships were to accede to the argument of the other side, you would be doing indirectly that which you could not do directly. GAn1'n, C..I.--Could you not make a gift to all the persons who may from time to time form a certain committee? Evans.--Not except in the case of an idol or a charity. The Tagore case shows clearly that a gift of that kind would be void. The reason why in England it is possible to give estates of the kind mentioned by the Chief Justice arises from the fact that, under the doctrine of contingent uses, an estate may remain in grmmio legis without being absolutely vested in any determinate person; but this doctrine is totally unknown to the Hindu law. MAnKnY, L---Is there any difference between an absolute estate with a clause of defeasance on a given event, and such an estate as the respondents here contend for? Evans-.--There would be a very great difference. In the case your Lordship puts, which is that of Soorjeemoney Dassee vs. Denobundoo Mullick, 9 Moore's Indian Appeals, 134, the property would be wholly vested in the person taking, subject to the clause of defeasance; and at the time the will took effect, i.e., the death of the testator, the person taking by virtue of that clause was actually ascertained and capable of taking. G.uuu, C.J.--In this case you cannot' say that at any moment of time the property is not wholly disposed of? The whole vests in one, and when another is born the whole is in those two? Evans-.--There would he many difliculties in the way of that explanation, my Lord. An estate left to an infant and others unborn, which might open and shut ad irgfinitum to let in those others as they should come into existence, would require to be limited in some way. Besides, we should have...
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Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • United States
  • English
  • black & white illustrations
  • 1236858875
  • 9781236858870