A digests of the Oudh rulings; with a supplement containing a Digest of Privy Council Rulings relating to Oudh and a comprehensive index and a table of cases - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 Excerpt: ...within the meaning of art. 10. Shiam Sunder v. Amanat Begam, I. L. R., 9 All. 234 followed. The mere intentional omission of a vendor to give a pre-emptor the notice required by s. 10 of Act XVIII of 1876 does not amount to a fraudulent concealment of the pre-emptor's right to sue to inforce the right of pre-emption, within the meaning of s. 18, Indian Limitation Act, 1877, Ram Dyal v. Beli Ram 13 Panjab Record, 119; Murad v. Bhag Singh 14 Panjab Kecord, 124; Arsdla v. Yar Muhammad 16 Panjab Record, 59; and Jhiba V. Hayat, 18 Panjab Record, 374 followed. A Plaintiff claiming, under s. 18 of the Limitation Act, to have the time limited for instituting the suit computed from the time the fraud first became known to him, is bound to prove, primd facie, that he remained in ignorance of the fraud till the time when, according to his own admission, he became aware of it; otherwise the suit must be taken to be barred by limitation. Bisheshur Singh V. Ratan Singh, J. C.'s S. C. No. 248, 15th Aug. 1893. 16. Pre-emption--Oudh Laws Act (XVIIlof 1876), ss. 10, 13--Market value--Good faith, meaning of--Fancy price. In a suit for pre-emption, it being shown that the vender had not given the notice required by section 10 of the Oudh Laws Aot, 1876, the District Judge, being of opinion that that omission gave rise to a presumption that "the price set forth in the sale deed had not been fixed in good faith," disregarded the evidence adduced by the parties and gave judgment according to the market value of the property. On second appeal held, that the decision of the Judge was erroneous, and that «n enquiry as to the market value should not have been made unless and until the Court was satisfied on evidence before it that the price entered iu the sale-deed Pre...
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