Reports of Cases Decided in the High Court of Madras Volume 8

Reports of Cases Decided in the High Court of Madras Volume 8

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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. 1876 edition. Excerpt: ...rights is brought about by the action of the Revenue authorities. CHIEF J Usr1cE.--In cases of agreements entered into under duress, the principle of law is to restore the parties to such agreements to their original positions The present case was not put forward as one of duress by the Advocate General. There was a distinct issue upon that point, and the lower Court found that there had been no duress. The Advocate General abandoned this contention, and did not rest the appellant's case even upon the ground of fraud. He contended that it came within the principle of such cases as Hzaguenin v. Bczseleg/(1) But where a person merely does what the law would compel him to do if a suit were brought for that purpose, the principle of such cases cannot possibly apply. Cnmr J UsT1c1i.--Suppose that a person in possession is found to have relinquished that possession owing to fraud or force, would not a Court of Equity interpose and restore such a person to the possession of which he had been thus deprived? In this case though the agreements are called donations, they are really confirmations. In fact the lady had nothing to give, and what she professed to give, was, what she might have been compelled to give--assuming that she was inpossession. If she had had a substantial interest in the Zemindary, then those documents would bear a very difierent aspect and construction. Moreover there is no such fiduciary relationship here as would come under the head of " active confidence" required by the Court of Chancery and the Indian Evidence Act. Km1aasnsv, J.--There are other cases than those of family relationship in which one person is placed in a position of power over anot'her. Yes, as in the oases of priest and penitent, solicitor more

Product details

  • Paperback | 90 pages
  • 189 x 246 x 5mm | 177g
  • United States
  • English
  • black & white illustrations
  • 1236935829
  • 9781236935823