Court : Kolkata
Reported in : (1893)ILR20Cal116
..... the executant then goes on to say--i now think it advisable to lay down, according to our mahomedan shara, certain rules in respect of the properties mentioned in the schedule given below, whereby my name and memory may be perpetuated for ever, my sons and daughters and their descendants may be decently maintained out of the income of those properties, and the properties may not suffer in consequence of disputes among my sons and ..... have discussed the question connected with the mahomedan law to be administered by our courts relating to wakf, because considerable argument has been addressed to us on this point, but, as i have already stated, on the main questions the appeals must fail, since on the findings of the district judge, no second appeal lies, and it becomes unnecessary, in my opinion, to answer the question referred to us.253 ..... person may make an endowment settling land on himself, and enjoying the profits during his lifetime, and after his lifetime, devoting the profits to the support of the poor, the main object of the mahomedan law being that the profits of the land endowed should be endowed for a purpose which always remains in existence ..... person may make an endowment settling lands of himself and enjoying the profits during his lifetime, and after his lifetime devoting the profits to the support of the poor,' and mark these words 'the main object of the mahomedan law being that the profits of the land endowed should be endowed for a purpose which always remains in existence .....
Tag this Judgment!Court : Kolkata
Reported in : (1894)ILR21Cal279
..... --' a man is competent to make his will if he has sufficient memory and intelligence to be able to comprehend the nature of his property, to remember and understand the claims of relations and friends, and to have a judgment of his own in disposing of his property; * * if a man possesses this amount of memory and intelligence, he is a competent testator; if he is not able to perform the mental acts mentioned, then he is not a competent testator.'45. .....
Tag this Judgment!Court : Kolkata
Reported in : (1895)ILR22Cal123
..... thomas and a native gentleman, whose name has slipped my memory, were sitting as a revision committee of the municipal board hearing, and deciding petitions. .....
Tag this Judgment!Court : Kolkata
Reported in : (1896)ILR23Cal60
..... it is not proved, i do not think it is even alleged, that any buddhist priests have ever exercised any control or authority in the temple within living memory. .....
Tag this Judgment!Court : Kolkata
Reported in : (1899)ILR26Cal653
..... the injury may be occasioned before he has any opportunity of rebutting the slander, and the memory of the slander may survive its contradiction, and may at any time influence his neighbours unconsciously to his disadvantage; nor is the suffering trivial which such a wrong may inflict on its victim. .....
Tag this Judgment!Court : Kolkata
Reported in : (1900)ILR27Cal67
..... my memory of this case, to the judgment in which i was a party, is confirmed by the plaint to which i have referred, which shows that over and above the moneys payable to ryasona thus assigned there was also money payable by .....
Tag this Judgment!Court : Kolkata
Reported in : 4Ind.Cas.124
..... man who frequently gives evidence in rent suits against the plaintiff and it is inconceivable that he can have forgotten this case after his attention was drawn to it or that if it had for the moment escaped his memory he could be justified, in continuing to positively deny that he had ever given evidence in any such case. .....
Tag this Judgment!Court : Kolkata
Reported in : (1911)ILR38Cal559
..... ' nor can the achievement of recounting this list of names and residences be explained by a good memory for facts within his experience, for when confronted in his cross-examination with one of his many inconsistencies all he could say was 'it is impossible for me to narrate these facts correctly each time. .....
Tag this Judgment!Court : Kolkata
Reported in : 13Ind.Cas.577
..... the hands of a witness, merely asks him some questions as to its general nature or identity his adversary will have no right to see the document, but that if the paper be used for the purpose of refreshing the memory of the witness or if any questions be put respecting its contents or as to the hand writing in which it is written as in the case, peck v ..... what we have to see in this case is whether, after considering the matters before us, the court ought to believe the two main facts alleged by the petitioner, or to consider them so probable that a prudent man ought, in the circumstances of this particular case, to act upon the supposition that they are ..... but the materials on which courts have to pronounce are necessarily imperfect: for, apart from the inherent uncertainty of human affairs, the presentment of them to a tribunal is ordinarily the outcome of faulty observation, defective memory, inaccurate description and natural bias, and even that is blurred here by the intervention of interpretation.25. ..... . the conclusion to which i come is, that the story of-the three documents is in the main true, and though shambhunath may not have been so detached as the evidence would make out, i hold that exhibits b, c and d were written out as the witnesses describe, and that gopessur was responsible ..... . flutter's memory may be deceiving him on this point,' while before us it has been suggested, not that ..... . the main attack here has been against the evidence as to the preparation of the draft on the .....
Tag this Judgment!Court : Kolkata
Reported in : (1912)ILR39Cal245
..... what we have to see in this case is whether, after considering the matters before us, the court ought to believe the two main facts alleged by the petitioner, or to consider them so probable that a prudent man ought, in the circumstances of this particular case, to act upon the supposition that they are true. ..... into the hands of a witness, merely asks him some question as to its general nature or identity, his adversary will have no right to see the document, but that if the paper be used for the purpose of refreshing the memory of the witness or if any questions be put respecting its contents or as to the handwriting in which it is written as in peck v ..... ' but the materials on which courts have to pronounce are necessarily imperfect; for apart from the inherent uncertainty of human affairs, the presentment of them to a tribunal is ordinarily the outcome of faulty observation, defective memory, inaccurate description and natural bias, and even that is blurred liere by the intervention of interpretation.9. ..... . the conclusion to which i come is that the story of the three documents is in the main true, and though sambhu nath may not have been so detached as the evidence would make out, i hold that exhibits b, c and d were written out as the witnesses describe, and that gopessur was responsible .....
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