Court : US Supreme Court
..... it is said "tenant by the curtesy of england is where a man taketh a wife seized in fee simple, or in fee tail general, or seized as heir in tail special, and hath issue by the same wife, male or female, born alive, albeit the issue after dieth or liveth, yet if the wife dies, the husband shall hold the land during his life, by the laws of england. ..... lands in fee simple, or fee tail general, and these lands descend to his daughter, and she taketh a husband and hath issue, and dieth before any entry, the husband shall not be tenant by the curtesy, and yet in this case she had a seizin in law; but if she or her husband had during her life entered, he should have been tenant by the ..... it has been held that the husband may claim as tenant by the curtesy, without entry, wild lands of which his wife was seized, and which were not held ..... it is clear, therefore, that swann could not claim as tenant by the curtesy, and consequently no such right could interpose to prevent the entry of the heirs of his ..... there must be an entry during coverture to enable the husband to claim by the curtesy. ..... seizin was necessary to enable the husband to claim as tenant by the curtesy. ..... her decease, as her husband became tenant by the curtesy. ..... no sense can he be considered as holding possession in virtue of his rights as guardian of the heirs of his deceased wife or as tenant by the curtesy. ..... general rule of law is that there must be an entry during coverture, to enable the husband to claim a tenancy by the curtesy. .....
Tag this Judgment!Court : US Supreme Court
..... 203, 210, that court said: "for above fifty years past, lands held by warrant and survey, without patents, have been considered as the legal estate in england, subject to the liens of judgment, curtesy, dower, and other incidents of real property. ..... 40, it is said: "in pennsylvania, a warrant and survey attended with payment of the purchase money is to be considered, as against all but the commonwealth, in the same light as the legal estate in england, and it is not to be distinguished, as to the mode of conveying, entailing, and barring entails, from estates strictly legal. . . . ..... tenancy by the curtesy and in dower are attached to it. .....
Tag this Judgment!Court : US Supreme Court
..... been or could be objected against it) if the obedience and ligeance of the subject to his sovereign, be due by the law of nature, if that law be parcel of the laws as well of england as of all other nations, and is immutable, and that postnat and we of england are united by birth-right, in obedience and ligeance (which is the true cause of natural subjection) by the law of nature; it followeth, that calvin, the plaintiff, being born under one ligeance ..... by the declaration of independence the colonies became a separate nation from great britain; yet, according to the laws of england which we still retained, the natives of both countries, born before the separation, retained all the rights of birth. ..... a state may exclude aliens from acquiring property within it of any kind, as its safety or policy may direct; as england has done with regard to real property, saving, that in favour of commerce, alien merchants may hold leases of houses and stores, and may, for recovery of their debts, extend lands, and hold ..... as instances of the ridiculous, may be cited his 4th union, which is of the three lions of england and that of scotland quartered in one escutcheon-that moses was the first reporter-that all infidels are devils and perpetual enemies of christians one of the doctrines contrary to the present law of england is, that natural allegiance cannot be altered by the law or constitution of man, but is something celestial-de ..... allow us to hold lands in england upon the principles of curtesy. .....
Tag this Judgment!Court : US Supreme Court
..... the death of the issue, or its arrival at full age, or the treason of the wife herself, cannot defeat the right acquired by a tenant by the curtesy initiate; and so far is lord coke from considering it as a mere expectancy, contingency, or possibility, that he emphatically declares, the husband 'having issue, is entitled to an estate for the term of his own life, in ..... seizen of the husband gives an inchoate right to dower; as the birth of heritable issue gives a curtesy initiate; and when it is said, that he cannot forfeit his curtesy by his wife's treason, there is great room to infer that he may forfeit it for his own ..... , a tenancy by the curtesy initiate is forfeited by attainder in england, a fortiori it is forfeited ..... was answered, that whether the subject was considered on general principles and authorities; or on the positive provisions of the act of assembly; a tenant by the curtesy initiate possesses such an interest in the wife's estate, as is forfeitable upon an attainder for treason. ..... it is not consistent with the authorities to say, that a tenant by the curtesy initiate, cannot grant his right, living his wife; and whatever a man has in his own right he ..... the birth of a child, the husband becomes only tenant by the curtesy initiate; and, to complete his estate, the death of the wife ..... , who have issue, and after he is attainted of felony, and then the king pardons him, per keble, he shall not be tenant by the curtesy by the issue had before; contra, if he had issue after. .....
Tag this Judgment!Court : Supreme Court of India
..... whether a building that was used as a hotel or a cinema theatre could be given depreciation on the basis that it was a plant and it was in relation to that question that the court considered a host of authorities of this country and england and came to the conclusion that a building which was used as a hotel or a cinema theatre could not be given depreciation on the basis that it was a plant. ..... (5) even in england, courts have repeatedly held that the meaning to the word plant given in various decisions is artificial and imprecise in application, that is to use the words of lord buckley, it is now beyond doubt that the word plant is ..... this distinction is not available in england.16. .....
Tag this Judgment!Court : Supreme Court of India
..... in this regard, reference may be made to the decision of the court of appeal of england & wales in regina v. .....
Tag this Judgment!Court : Supreme Court of India
1 2024 insc691reportable in the supreme court of india extra-ordinary appellate jurisdiction special leave petition (civil) no.3056 of2023choudappa & anr. petitioner(s) versus choudappa since deceased by lrs. & ors. respondent(s) order heard learned senior counsel for the parties. the challenge in the present special leave petition is to the revisional order dated 22nd july, 2022 passed by the high court dismissing the revision of the petitioners arising from the rejection of their application alleged to have been filed under order vii rule 11(d) of the code of civil procedure, 1908(for short, c.p.c. ). a suit for recovery of possession and for correction of mutation entries was filed by the respondents in the year, 1963 and it was decreed on 12.07.1973. the said judgment, order and decree specifically directs for holding an inquiry regarding mesne profits from the date of the suit i.e., 24.09.1963 in accordance with order xx rule 12, 2 c.p.c. the aforesaid judgment, order and decree of the court of first instance attained finality with the dismissal of the appeal filed by the petitioners in the year, 1980. the respondents applied for the execution so as to obtain possession of the suit land sometime in the year, 1993 and after going through the entire exercise of execution, issuance of warrant for possession, the respondents were put into possession of the suit land property in the year, 2005. it appears that sometime in 2014, an application purported to be under section 141 .....
Tag this Judgment!Court : Karnataka Dharwad
- 1 - wa no.100006 of 2022 in the high court of karnataka, dharwad bench dated this the27h day of august, 2024 r present the hon'ble mr. justice krishna s.dixit and the hon'ble mr. justice vijaykumar a.patil writ appeal no.100006 of2022gm-r/c) between: in wp.no.77680/2013: paschim vibhag shikshana mandal bijagarni-591108 taluk & dist. belgaum trust registered under the bombay public trust act, 1950 represented by its president sri. tarachand monappa jadhav age. 73 years, occ. agriculture, bijagarni-591108, taluk & district. belgaum. in wp.no.81667/2013: paschim vibhag shikshana mandal bijagarni, taluk & district: belgaum59000 by its secretary, damodar dattu more in wp.no.101972/2017: the paschim vibhag shikshana mandal bijagarni, taluk & district: belgaum by its secretary, damodar dattu more, - 2 - wa no.100006 of 2022 age. 55 years, occ. agriculture, r/at. bijagarni, tq. & dist. belgaum. 590001. ... appellants (by sri. mallikarjunswamy b. hiremath, advocate) and: in wp.no.77680/2013:1. paschim vibhag shikshana mandal at post bijagarni591108 taluk and district. belgaum represented by alleged president sri gundu sonu bhaskar age. 73 years, occ. agriculture, bijagarni- 591 108 taluk and district. belgaum.2. the registrar of societies and district registrar belgaum-590 001. in wp.no.81667/2013:1. paschim vibhag shikshan mandal bijagarni, taluk & dist. belgaum-590001 by its president sri. gundu sonu bhaskar2 paschim vibhag shikshan mandal bijagarni, taluk & district: belgaum59000 .....
Tag this Judgment!Court : Supreme Court of India
..... . this court consciously observed that the courts in england have held that the breach of consent decree of performance by refusal to execute an agreement was punishable by way of contempt proceedings ..... . interestingly, the courts in england have held that the breach of a consent decree of specific performance by refusal to execute the agreement is punishable by way of proceedings in contempt .....
Tag this Judgment!Court : Supreme Court of India
..... 5.3 after an extensive discussion of english jurisprudence on the point, the court noted the position of law in england at the time.23 briefly stated, the position is as follows: both courts and arbitrators in england have the jurisdiction to make a judgment/ award in foreign currency in certain circumstances. .....
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