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The Law Reports Volume 1-2; Indian Appeals Being Cases in the Privy Council on Appeal from the East Indies

The Law Reports Volume 1-2; Indian Appeals Being Cases in the Privy Council on Appeal from the East Indies


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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.1880 Excerpt: ... J. 0. on the part of the statute which relates to limitation properly so 1880 called; namely, on Article 34 of Part V. of the Second Schedule, Maharani which limits the time for bringing suits for the obstruction of Kom' watercourses to two years " from the date of the obstruction." The _ -. judgment contains this passage: "We find that the Plaintiff, in Syed Arcl... Hosskin. order that he may obtain relief in respect of an infringement of his easement, must come into Court within two years from the time when such infringment took place." If the Judges redly meant to apply the limitation of Article 34 above referred to, their decision is clearly wrong; for the obstructions which interfered with the flow of water to the Plaintiffs mehal were in the nature of continuing nuisances, as to which the cause of action was renewed de die in diem so long as the obstructions causing such interference were allowed to continue. Indeed, sect. 21 of the statute contains express provision to that effect. For these reasons their Lordships are of opinion that the judgment of the High Court with regard to the two obstructions in question cannot be sustained, and that the judgment of the Subordinate Judge as regards these obstructions ought to be restored. There remains to be noticed the contention raised as to the tal. Mr. Woodroffe has strongly argued that the findings as to the tal in favour of the Defendants are wrong, and he further endeavoured to shew by reference to the judgments that they were not conclusive on that part of the case. Their Lordships, however, find that there are distinct judgments of the Moonsiff and of the Subordinate Judge to the effect that the Defendants had a proprietary right in the tal and to the ue of the water in the tal, and that the Pla...


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Product Details
  • ISBN-13: 9781235853708
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 194
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1235853705
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 354 gr


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