A Digest of Moohummudan Law On the Subjects to Which It is Usually Applied By British Courts of Justice in India
A Digest of Moohummudan Law On the Subjects to Which It is Usually Applied By British Courts of Justice in India
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Ac- cording to the Hidayah, if a pre-emptor receives the information of a sale by letter, and the information is contained in the beginning or middle of the letter, and he reads on to the end without making his claim, the right is lost. 4 There is some difference as to the words in which the demand should be expressed ; but the correct opinion is that it is lawful in any words that intelligibly 1 The word means, literally, * jumping up.' * Hidayah, vol. iv., p. 924.
• Inayah, vol. iv., p. 249. ...* Vol. iv., p. 922.
Digitized by Google 488 PRE-EMPTION.
express the demand. So that if he should say, ' I have demanded,' or ' do demand pre-emption,' it would be law- ful. But if he were to say to the purchaser, ' I am thy . shufee, or pre-emptor,' or ' I take the mansion by pre- emption,' it would be void. The proper time for making the demand of pre-emption in the case of an invalid sale is not that of the purchase, but when the seller's right is entirely cut off. 1 And with regard to a gift bashurt-ool- iwuz, or with a condition for an exchange, there are two reports, by one of which regard is to be had to the time of mutual possession, and by the other to the time of the contract.
What to read after A Digest of Moohummudan Law On the Subjects to Which It is Usually Applied By British Courts of Justice in India?
You can find similar books in the "Read Also" column, or choose other free books by Neil B E Neil Benjamin Edmonstone Baillie to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Ac- cording to the Hidayah, if a pre-emptor receives the information of a sale by letter, and the information is contained in the beginning or middle of the letter, and he reads on to the end without making his claim, the right is lost. 4 There is some difference as to the words in which the demand should be expressed ; but the correct opinion is that it is lawful in any words that intelligibly 1 The word means, literally, * jumping up.' * Hidayah, vol. iv., p. 924.
• Inayah, vol. iv., p. 249. ...* Vol. iv., p. 922.
Digitized by Google 488 PRE-EMPTION.
express the demand. So that if he should say, ' I have demanded,' or ' do demand pre-emption,' it would be law- ful. But if he were to say to the purchaser, ' I am thy . shufee, or pre-emptor,' or ' I take the mansion by pre- emption,' it would be void. The proper time for making the demand of pre-emption in the case of an invalid sale is not that of the purchase, but when the seller's right is entirely cut off. 1 And with regard to a gift bashurt-ool- iwuz, or with a condition for an exchange, there are two reports, by one of which regard is to be had to the time of mutual possession, and by the other to the time of the contract.
What to read after A Digest of Moohummudan Law On the Subjects to Which It is Usually Applied By British Courts of Justice in India?
You can find similar books in the "Read Also" column, or choose other free books by Neil B E Neil Benjamin Edmonstone Baillie to read onlineMoreLess
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