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accused acquired action administration admitted adopted agree alleged allowed amount appeal application argument August authority brother cause child Civil Procedure Code claim conveyance costs counsel Court Crown damages death deceased decided decision decree deed defendant dismissed District Court District Judge duly duty effect entitled evidence execution fact favour Fiscal Full give given ground heirs held hold HUTCHINSON illegitimate interest intestate issue judgment June Justice land learned letters March marriage meaning MIDDLETON mortgage necessary November objection obtained opinion Ordinance owner paid party payment Pereira person plaintiff possession present proceedings proved provisions purchaser question reason record referred regard registered RENTON reported respondent rule says seizure share sold stamped statement Supreme Court taken third trial WENDT widow wife witness Wood writ
Sida 81 - A party who negligently or culpably stands by and allows another to contract on the faith and understanding of a fact which he can contradict, cannot afterwards dispute that fact in an action against the person whom he has himself assisted in deceiving.
Sida 363 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Sida 20 - The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.
Sida 81 - When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
Sida 144 - ... within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
Sida 166 - The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require.
Sida 313 - Court, why the decree should not be executed against him — (a) if more than one year has elapsed between the date of the decree and the application for its execution...
Sida 82 - If a person having a right, and seeing another person about to commit or in the course of committing an act infringing upon that right, stands by in such a manner as really to induce the person committing the act, and who might otherwise have abstained from it, to believe that he assents to its being committed, he cannot afterwards be heard to complain of the act. This, as Lord Cottenham said in the case already cited, is the proper sense of the term acquiescence...
Sida 82 - ... if whatever a man's real intention may be he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Sida 81 - A representation may arise, not only by way of concealment of part of the truth in regard to a whole fact, as we have seen; more than that, from total, but misleading, silence with knowledge, or passive conduct joined with a duty to speak, an estoppel will arise. The case must be such that it would be fair to Interpret the silence into a declaration of the party that he has, eg, no interest In the subject of the transaction.