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 * ^ 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 2 - And whereas it is expedient that the lawful Government of the Provinces of Bengal, Bahar, and Orissa, should be supported, that the Revenues thereof should be collected with Certainty, and that the Inhabitants should be maintained and protected in the Enjoyment of all their ancient Laws, Usages, Rights, and Privileges: May it therefore please your Majesty that it may be enacted;.
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 358 - ... to the trustee or trustees for the time being of this my will, or...
Page 439 - ... 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 50 - II. law the drunkard has less ground to avoid his own acts and contracts than any other non compos mentis, yet courts of equity will relieve against acts done and contracts made by him, while under this temporary insanity, where they are procured by the fraud or imposition of the other party.
Page 50 - For, in general, courts of equity, as a matter of public policy, do not incline, on the one hand, to lend their assistance to a person who has obtained an agreement or deed from another in a state of intoxication; and, on the other hand, they are equally unwilling to assist the intoxicated party to get rid of his agreement or deed merely on the ground of his intoxication at the time. They will leave the parties to their ordinary remedies at law, unless there is some fraudulent contrivance or some...
Page 359 - Reservoirs, then and in every such Case and so often as the same shall happen it shall be lawful for the...

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