Judgments of the Privy Council on Appeals from India, from 1831-1880 Volume 3

Judgments of the Privy Council on Appeals from India, from 1831-1880 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. 1880 edition. Excerpt: ... distinct assertion, that whatever were-the charges of Aroonachellum's education---and it nowhere appears what sort of education he had-those charges were borne by the separate estate of his father, over which he had a.n absolute power of disposition. There was, therefore, at that time, no joint estate in the proper sense of the word; and the foundation of fact then fails upon which the legal inference was to have been based. This being their Lordships' view, it does not become necessary to consider whether the somewhat startling proposition of law put forward by the appellant, which, stated in plain terms, amounts to this: that if a member of a joint Hindoo family receives any education whatever from the joint funds, he becomes for ever after incapable of acquiring by his own skill and industry any separate property, --is or is not maintainable. Very strong and clear authority would be required to support such a proposition. For the reasons that they have given, it does not appear to them necessary to review the text books or the authorities which have been cited on this subject. It may be enough to say that, according to their Lordships' view, no texts which have been cited go to the full extent of the proposition which has been contended for. It appears to them, further, that the case reported in the 10th vol. of Sutherland's Weekly Reporter, p. 122, in which a judgment was given by Mr. Justice Jackson and Mr. Justice Mitter, both very high authorities, lays down the law bearing upon this subject by no means so broadly as it is laid down in two cases which have been quoted as decided in Madras; the first being to the_efi'ect that a woman adopting a dancing girl, and supplying her with some means of carrying on...
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Product details

  • Paperback | 562 pages
  • 189 x 246 x 29mm | 989g
  • United States
  • English
  • black & white illustrations
  • 1236979966
  • 9781236979964