The Law Relating to Gifts, Trusts, and Testamentary Dispositions Among the Mahommedans: According to the Hanafi, Maliki, Shfe, and Shiah Schools

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Thacker, Spink, 1885 - 635 pages

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Page 50 - But to set aside any act or contract on account of drunkenness, it is not sufficient that the party is under undue excitement from liquor. It must rise to that degree which may be called excessive drunkenness, where the party is utterly deprived of the use of his reason and understanding...
Page 49 - The first is nn idiot or fool natural; the second is he who was of good and sound memory, and by the visitation of God has lost it...
Page 354 - ... to the trustee or trustees for the time being of this my will, or...
Page 433 - ... instrument by which a person makes a disposition of his property, to take effect after his decease, and which is in its own nature ambulatory and revocable during his life.
Page 422 - Where there are numerous parties having the same interest in one suit, one or more of such parties may, with the permission of the Court, sue or be sued, or may defend in such suit, on behalf of all parties so interested.
Page 38 - is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the. donee.
Page 51 - Closely allied to the foregoing are cases, where a person, although not positively non compos, or insane, is yet of such great weakness of mind, as to be unable to guard himself against imposition, or to resist importunity or undue influence.
Page 33 - IV of 1793 s. 15), which directs that in suits regarding marriage and caste, and all religious usages and institutions, the Mahomedan laws with respect to Mahomedans, and the Hindoo laws with regard to Hindoos, are to be considered as the general rules by which Judges are to form their decisions...
Page 52 - For it has been well remarked, that, although there is no direct proof, that a man is non compos, or delirious; yet, if he is a man of weak understanding, and is harassed and uneasy at the time ; or if the deed...
Page 50 - I think a court of equity ought not to give its assistance to a person who has obtained an agreement or deed from another in a state of intoxication; and on the other hand ought not to assist a person to get rid of any agreement or deed merely upon the ground of his having been intoxicated at the time.

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