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The Indian decisions (New series) : being a re-print of all the decisions of the Privy Council on appeals from India and of the various high courts and other superior courts in India reported both in the official and non-official reports from 1875 (Volume 7) online

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Online LibraryChas. A. Stevens & BrosThe Indian decisions (New series) : being a re-print of all the decisions of the Privy Council on appeals from India and of the various high courts and other superior courts in India reported both in the official and non-official reports from 1875 (Volume 7) → online text (page 155 of 155)
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limbadar or co-sha>ers Construction of wajib-ul-arz Where a wajib-ul-
arz was not signed by the lainbadar or by any of the co-sharers of the
village (or which it was framed, but was found to have been in
existence without having been questioned by any of the parties who might
have been affected thereby for a period of some thirteen years : Held that
the wiji'i'Ul-arz might be taken as prima facie evidence of the custom of
the village for which it was framed.

The said ivajib-ularz contained a clause relative to pre-emptive rights to
the following effect : "When any muafidar in the patti desires to transfer
his share, then first a shareholder in the path takes it, and if he
does not take it, then another man who desire to take it takes it." Held
that this clause was declaratory of the village custom and that it was not
intended thereby to adopt the Muhammadan law of pre-emption. RUSTAM
ALI KAHN v. ABBASI BEOAM, 13 A. 407=11 A.W.N. (1891) 146 ... 260

(2) Wajib-ul-arz Inivroper use of wajib-ul-arz to record wishes of sole proprietor

of villag a Succession Hindu Law Primogeniture- The object of the
wajib-ul-are is to supply a reliable record of existing loual custom. It was
never intended that the wajib ul-arz should be used as an indirect means
of giving effect to tha wishes of a sole proprietor with regard to the
nature of his tenure or the mode of devolution of the property which
should obtain after his death. 8UPERUNDDHWAJA PRASAD v. G.
PRASAP, 15 A. 147 = 13 A.W.N. (1893) 85 ... 813

3) Act XIX of 1873, ss. 3, sub-s. (1), 101 Partition Wajib-ul-arz Power of
Collector in constituting a new mahal by partition to frame a new wajib-ul-
arz for such mahal. Ic is within the implied, though not within the speci-
fied, powers of a Collector while constituting new mahals by partition of
a previously existing single mahal to frame new wajib ul-arz for each of
the new mahals so constituted. KEDAR NATH v. RAM DIAL, 15 A. 410
= 13 A.W.N. (1893) 173 ... 982

(4) See PRE-EMPTION, 13 A. 373 ; 14 A. 341.

Way.

See RIGHT OF WAY.

Witnesses.

(1) See GRIM. PRO. CODE, 8s. 342, 366, 367, 540, 14 A. 242

(2) See SESSIONS TRIAL, 14 A. 521.

(3j See STATEMENT MADE TO THE POLICE, 15 A. 25.

Witnesses, Examination of.

See SESSIONS COURT, 15 A. 6.
Withdrawal of Pardon.

See JOINT TRIAL OF ACCUSED, 14 A. 502.

1056



GENERAL INDEX.

Words and Phrases. PAGB

(1) " Amin "Bee MAHOMEDAN LAW (MOSQUE), 13 A. 419.

(2) "Arh "Bee MORTGAGE (SIMPLE MORTGAGE), 13 A. 28.

(3) " Claim "Bee USING FORGED DOCUMENT. 15 A. 210,

(4) "Deoree "Bee APPEAL, 15 A. 359.

(5) " Decree-holder "Bee DECREE HOLDER, 15 A. 313.

(6) " Going armed "See ARMS ACT, 8. 19 (o). 15 A. 27.

(7) " Grihasfc "Bee MAHANT, 13 A. 256.

(8) " Legal heir "See MAHOMEDAN LAW (MINORITY AND GUARDIANSHIP),

15 A. 29.

(9) "Legally recoverable "See MORTGAGE 'BALE OF MORTGAGED PRO-

PERTY), 14 A. 513.

(10) " Legally recoverable "See TRANSFER OF PROPERTY ACT, B. 90, 15 A.

331.

(11) "Muataghraq " -Bee MORTGAGE (SIMPLE MORTGAGE), 13 A. 28.

(12) " Nihang "-Bee MAHANT, 13 A. 256.

(13) " Order" See APPEAL, 15 A. 359.

(14) " Patti "See PRE-EMPTION, 13 A. 224.

(15) " Personally interested "See BIAS, 15 A. 192.

(16) " Property "Bee MORTGAGE (PRIORITY), 13 A. 432.

(17) " Property "Bee USING FORGED DOCUMENT, 15 A. 210.

(18) " Rent payable by tenant "Bee LANDLORD AND TENANT, 13 A. 193.

(19) " Rent payable by tenant "See LANDLORD AND TENANT, 14 A. 50.

(20) "Standing crops "-See MAGISTRATE, JURISDICTION OF, 15 A. 394.



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Online LibraryChas. A. Stevens & BrosThe Indian decisions (New series) : being a re-print of all the decisions of the Privy Council on appeals from India and of the various high courts and other superior courts in India reported both in the official and non-official reports from 1875 (Volume 7) → online text (page 155 of 155)