Indian bare acts




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[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 22


Fraudulently Procuring Credit to be given to another Person

(Title)


A. B., the above-named plaintiff, states as follows:—

1. On the . . . . . . day of . . . . . . 19. . . , the defendant represented to the plaintiff that E.F., was solvent and in good credit, and worth . . . . . . rupees over all his liabilities [or that E.F. then held a responsible situation and was in good circumstances, and might safely be trusted with goods on credit].

2. The plaintiff was thereby induced to sell to E.F. (rice) of the value of . . . . . . rupees [on months credit].

3. The said representations were false and were then known by the defendant to be so, and were made by him with intent to deceive and defraud the plaintiff [or to deceive and injure the plaintiff].

4. E.F. [did not pay for the said goods at the expiration of the credit aforesaid, [or] has not paid for the said rice, and the plaintiff has wholly lost the same.

[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 23

Polluting the Water under the Plaintiff's Land



(Title)

A. B., the above-named plaintiff, states as follows:—

1. The plaintiff is, and at all the time hereinafter mentioned was, possessed of certain land called . . . . . . . . . . and situate in . . . . . . and of a well therein, and of water in the well, and was entitled to the use and benefit of the well and of the water therein, and to have certain springs and streams of water which flowed and ran into the well to supply the same to flow or run without being fouled or polluted.

2. On the . . . . . . day of . . . . . . 19. . . , the defendant wrongfully fouled and polluted and well and the water therein and the springs and streams of water which flowed into the well.

3. In consequence the water in the well became impure and unfit for domestic and other necessary purposes, and the plaintiff and his family are deprived of the use and benefit of the well and water.

[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 24

Carrying on a Noxious Manufacture



(Title)

A. B., the above-named plaintiff, states as follows:—

1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands called . . . ., situate in . . . . . . . . . . .

2. Ever since the . . . . . . day of . . . . . . 19. . . , the defendant has wrongfully caused to issue from certain smelting works carried on by the defendant large quantities of offensive and unwholesome smoke and other vapours and noxious matter, which spread themselves over and upon the said lands, and corrupted the air, and settled on the surface of the lands.

3. Thereby the trees, hedges, herbage and crops of the plaintiff growing on the lands were damaged and deteriorated in value, and the cattle and live-stock of the plaintiff on the lands became unhealthy, and many of them were poisoned and died.

4. The plaintiff was unable to graze the lands with cattle and sheep as he otherwise might have done, and was obliged to remove his cattle, sheep and farming-stock therefrom, and has been prevented from having so beneficial and healthy a use and occupation of the lands as he otherwise would have had.

[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 25


Obstructing a Right of Way

(Title)


A. B., the above-named plaintiff, states as follows:—

1. The plaintiff is, and at the time hereinafter mentioned was, possessed of [a house in the village of . . . . . . ].

2. He was entitled to a right of way from the [house] over a certain field to a public highway and back again from the highway over the field to the house, for himself and his servants [with vehicles, or or foot] at all times of the year.

3. On the . . . . . . day of . . . . . . 19. . . , defendant wrongfully obstructed the said way, so that the plaintiff could not pass [with vehicles, or or food, or in any manner] along the way [and has ever since wrongfully obstructed the same].

4. (State special damage, if any.)

[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 26

Obstructing a Highway



(Title)

1. The defendant wrongfully dug a trench and heaped up earth and stones in the public highway leading from . . . . . . to . . . . . . so as to obstruct it.

2. Thereby the plaintiff, while lawfully passing along the said highway, fell over the said earth and stones, [or into the said trench] and broke his arm, and suffered great pain, and was prevented from attending to his business for a long time, and incurred expense for medical attendance.

[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 27

Diverting a Water-course



(Title)

A. B., the above-named plaintiff, states as follows:—

1. The plaintiff is, and at the time hereinafter mentioned was, possessed of a mill situated on a [stream] known as the . . . . . . , in the village of . . . . . . , district of . . . . . . .

2. By reason of such possession the plaintiff was entitled to the flow of the stream for working the mill.

3. On the . . . . . . day of . . . . . . 19. . . , the defendant, by cutting the bank of the stream, wrongfully divered the water thereof, so that less water ran into the plaintiff's mill.

4. By reason thereof the plaintiff has been unable to grind more than sacks per day, whereas, before the said diversion of water, he was able to grind . . . . . . sacks per day.

[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 28


Obstructing a Right to Use Water for Irrigation

(Title)


A. B., the above-named plaintiff, states as follows:—

1. Plaintiff is, and was at the time hereinafter mentioned, possessed of certain lands situate, etc., and entitled to take and use a portion of the water of a certain stream for irrigating the said lands.

2. On the . . . . . . day of . . . . . . 19. . . , the defendant prevented the plaintiff from taking and using the said portion of the said water as aforesaid, by wrongfully obstructing and diverting the said stream.

[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 29

Injuries Caused by Negligence on a Railroad



(Title)

A. B., the above-named plaintiff, states as follows :—

1. On the . . . . . . day . . . . . . 19. . . , the defendants were common carriers of passengers by railway between . . . . . . and . . . . . .

2. On that day the plaintiff was a passenger in one of the carriages of the defendants on the said railway.

3. While he was such passenger, at . . . . . . [or near the station of. . . . . . or . . . .. between the stations of. . . ..and. . . .], a collision occurred on the said railway caused by the negligence and unskilfulness of the defendants' servants, whereby the plaintiff was much injured [having his leg broken, his head cut, etc., and state the special damage, if any, as], and incurred expense for medical attendance and is permanently disabled from carrying on his former business as [a salesman].

[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

[Or thus:- 2. On that day the defendants by their servants so negligently and unskillfully drove and managed an engine and a train of carriages attached thereto upon and along the defendant's railway which the plaintiff was then lawfully crossing, that the said engine and train were driven and struck against the plaintiff, whereby, etc., as in para 3.]

No. 30


Injuries Caused by Negligent Driving

(Title)


A. B., the above-named plaintiff, states as follows:—

1. The plaintiff is a shoemaker, carrying on business at . . . . . . . The defendant is a merchant of. . . . . . . . . . . . . .. . .

2. On the . . . . . . day of . . . . . . 19. . . , the plaintiff was walking southward along Chowringhee, in the City of Calcutta, at about 3 o'clock in the afternoon. He was obliged to cross Middleton Street, which is a street running into Chowringhee at right angles. While he was crossing this street, and just before he could reach the foot pavement on the further side thereof, a carriage of the defendant's, drawn by two horses under the charge and control of the defendant's servants, was negligently, suddenly and without any warning turned at a rapid and dangerous pace out of Middleton Street into Chowringhee. The pole of the carriage struck the plaintiff and knocked him down, and he was much trampled by the horses.

3. By the blow and fall and trampling the plaintiff's left arm was broken and he was bruised and injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four months ill and in suffering and unable to attend to his business, and incurred heavy medical and other expenses, and sustained great loss of business and profits.

[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 31


For Malicious Prosecution

(Title)


A. B., the above-named plaintiff, states as follows:—

1. On the . . . . . . . .day of . . . . . . . .19. . . , the defendant obtained a warrant of arrest from . . . . . . . . . . [a magistrate of the said city, or as the case may be] on a charge of . . . . . . , and the plaintiff was arrested thereon, and imprisoned for . . . . . . [days, or hours, and gave bail in the sum of . . . . . . rupees to obtain his release].

2. In so doing the defendant acted maliciously and without reasonable or probable cause.

3. On the . . . . . . day of . . . . . . 19. . . ., the Magistrate dismissed the complaint of the defendant and acquitted the plaintiff.

4. Many persons, whose names are unknown to the plaintiff, hearing of the arrest, and supposing the plaintiff to be a criminal, have ceased to do business with him; or in consequence of the said arrest, the plaintiff lost his situation as clerk to one E.F., or in consequence the plaintiff suffered plain of body and mind, and was prevented from transacting his business, and was injured in his credit, and incurred expense in obtaining his release from the said imprisonment and in defending himself against the said complaint.

[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 32

Movables Wrongfully Detained



(Title)

A. B., the above-named plaintiff, states as follows:—

1. On the . . . . . . day of . . . . . . 19 . . . , plaintiff owned [or state facts showing a right to the possession] the goods mentioned in the schedule hereto annexed [or describe the goods.] the estimated value of which is . . . . . . rupees.

2. From that day until the commencement of this suit the defendant has detained the same from the plaintiff.

3. Before the commencement of the suit, to wit, on the . . . . . . day of . . . . . . 19. . . , the plaintiff demanded the same from the defendant, but he refused to deliver them.

[As in paras 4 and 5 of Form No. 1]

6. The plaintiff claims—

(1) delivery of the said goods, or . . . . . . rupees, in case delivery cannot be had;

(2) . . . . . . rupees compensation for the detention thereof.

The Schedule

No. 33

Against a Fraudulent Purchaser and his Transferee with Notice



(Title)

A. B., the above-named plaintiff, states as follows:—

1. On the . . . . . . day of . . . . . . 19. . . , the defendant C.D., for the purpose of including the plaintiff to sell him certain goods, represented to the plaintiff that [he was solvent, and worth . . . . . . rupees over all his liabilities].

2. The plaintiff was thereby induced to sell and deliver to C.D. [one hundred boxes of tea], the estimated value of which is . . . . . . rupees.

3. The said representations were false, and were then known by C.D. to be so [or at the time of making the said representations, C. D. was insolvent, and knew himself to be so].

4. C. D. afterwards transferred the said goods to the defendant E.F. without consideration [or who had notice of the falsity of the representation].

[As in paras 4 and 5 of Form No.1]

7. The plaintiff claims—

(1) delivery of the said goods, or . . . . . . rupees, in case delivery cannot be had;

(2) . . . . . . rupees compensation for the detention thereof.

No. 34

Rescission of a Contract on the Ground of Mistake



(Title)

A.B., the above-named plaintiff, states as follows:—

1. On the . . . . . . day of . . . . . . 19. . . , the defendant represented to the plaintiff that a certain piece of ground belonging to the defendant, situated at . . . . . ., contained [ten bighas].

2. The plaintiff was thereby induced to purchase the same at the price of . . . . . . rupees in the belief that the said representation was true, and signed an agreement, of which the original is hereto annexed. But the land has not been transferred to him.

3. On the . . . . . . day of . . . . . . 19. . . , the plaintiff paid the defendant rupees as part of the purchase-money.

4. That the said piece of ground contained in fact only [five bighas].

[As in paras 4 and 5 of Form No. 1]

7. The plaintiff claims—

(1) . . . . . . rupees, with interest from the . . . . . . . . day of . . . . . . 19. . . ;

(2) that the said agreement be delivered up and cancelled.

No. 35

An Injunction Restraining Waste



(Title)

A.B., the above-named plaintiff, states as follows:—

1. The plaintiff is the absolute owner of [describe the property].

2. The defendant is in possession of the same under a lease from the plaintiff.

3. The defendant has [cut down a number of valuable trees, and threatens to cut down many more for the purpose of sale] without the consent of the plaintiff.

[As in paras 4 and 5 of Form No. 1]

6. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further waste on the said premises.

[Pecuniary compensation may also be claimed.]

No. 36

Injunction Restraining Nuisance



(Title)

A.B., the above-named plaintiff, states as follows:—

1. Plaintiff is, and at all the times hereinafter mentioned was, the absolute owner of [the house No. . . . . . . . . , Street, Calcutta].

2. The defendant is, and at all the said times was, the absolute owner of . . . . . . . . [a plot of ground in the same street . . . . . . ].

3. On the . . . . . . day of . . . . . . 19. . . , the defendant erected upon his said plot a slaughter-house, and still maintains the same; and from that day until the present time has continually caused cattle to be brought and killed there [and has caused the blood and offal to be thrown into the street opposite the said house of the plaintiff].

[4. In consequence the plaintiff has been compelled to abandon the said house, and has been unable to rent the same.]

[As in paras 4 and 5 of Form No. 1]

7. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further nuisance.

No. 37

Public Nuisance



(Title)

A.B., the above-named plaintiff, states as follows:—

1. The defendant has wrongly heaped up earth and stones on a public road known as . . . . . . Street at . . . . . . . . . . .so as to obstruct the passage of the public along the same and threatens and intends, unless restrained from so doing, to continue and repeat the said wrongful act.

[443] [*2. The plaintiff has obtained the leave of the Court for the institution of this suit.

[As in paras 4 and 5 of Form No. 1]

5. The plaintiff claims—

(1) a declaration that the defendant is not entitled to obstruct the passage of the public along the said public road;

(2) an injunction restraining the defendant from obstructing the passage of the public along the said public road and directing the defendant to remove the earth and stones wrongfully heaped up as aforesaid.

Not applicable where suit is instituted by the Advocate-General.]

No. 38


Injunction against the Diversion of a Water-course

(Title)


A.B., the above-named plaintiff, states as follows:—

[As in Form No. 27.]

The plaintiff claims that the defendant be restrained by injunction from diverting the water as aforesaid.

No. 39


Restoration of Movable Property Threatened with Destruction and for an Injuction

(Title)


A.B., the above-named plaintiff, states as follows:—

1. Plaintiff is, and at all times hereinafter mentioned was, the owner of [a portrait of his grandfaterher which was executed by an eminent painter], and of which no duplicate exists [or state any facts showing that the property is of a kind that cannot be replaced by money].

2. On the . . . . . . day of . . . . . . 19. . . , he deposited the same for safe-keeping with the defendant.

3. On the . . . . . . day of . . . . . . 19. . . , he demanded the same from the defendant and offered to pay all reasonable charges for the storage of the same.

4. The defendant refuses to deliver the same to the plaintiff and threatens to conceal, dispose of, cut or injure the same if required to deliver it up.

5. No pecuniary compensation would be an adequate compensation to the plaintiff for the loss of the [painting];

[As in paras 4 and 5 of Form No. 1]

8. The plaintiff claims—

(1) that the defendant be restrained by injunction from disposing of, injuring or concealing the said [painting];

(2) That he be compelled to deliver the same to the plaintiff.

No. 40

Interpleader



(Title)

A.B., the above-named plaintiff, states as follows:—

1. Before the date of the claims hereinafter mentioned G.H. deposited with the plaintiff [describe the property] for [safe-keeping].

2. The defendant C.D. claims the same [under an alleged assignment thereof to him from G.H.].

3. The defendant E.F. also claims the same [under an order of G.H. transferring the same to him.]

4. The plaintiff is ignorant of the respective rights of the defendants.

5. He has no claim upon the said property other than for charges and costs, and is ready and willing to deliver it to such persons as the Court shall direct.

6. The suit is not brought by collusion with either of the defendants.

[As in paras 4 and 5 of Form No. 1]

9. The plaintiff claims—

(1) that the defendants be restrained, by injunction, from taking any proceedings against the plaintiff in relation thereto;

(20 that they be required to interplead together concerning their claims to the said property;

[(3) that some person be authorised to receive the said property pending such litigation;]

(4) that upon delivering the same to such [person] the plaintiff be discharged from all liability to either of the defendants in relation thereto.

No. 41

Administration by Creditor on Behalf of Himself and all Other Creditors



(Title)

A.B., the above-named plaintiff, states as follows:—

1. E.F., late of . . . . . . , was at the time of his death, and his estate still is, indebted to the plaintiff in the sum of. . . . [here insert nature of debt and security, if any].

2. E.F., died on or about the day of. . . . . . . By his last will, dated the . . . . . . day of . . . . . . he appointed C.D. his executor [or devised his estate in trust, etc., or died intenstate, as the case may be.]

3. The will was proved by C.D. [or] letters of administration were granted, etc.].

4. The defendant has possessed himself of the movable [and immovable, or the proceeds of the immovable property of E.F., and has not paid the plaintiff his debt.

[As in paras 4 and 5 of Form No. 1]

7. The plaintiff claims that an account may be taken of the movable [and immovable] property of E.F., deceased, and that the same may be administered under the decree of the Court.

No. 42

Administration by Specific Legatee



(Title)

[Alter Form No. 41 thus]

[Omit paragraph 1 and commence paragraph 2] E.F., late of . . . . . . , died on or about the . . . . . . day of . . . . . . . By his last will, dated the . . . . . . day of . . . . . . he appointed C.D., his executor, and bequeathed to the plaintiff [here state the specific legacy]. For paragraph 4 substitute—

The defendant is in possession of the movable property of E.F., and, amongst other things, of the said [here name the subject of the specific bequest].

For the Commencement of paragraph 7 substitute—

The plaintiff claims that the defendant may be ordered to deliver to him the said [here name the subject of the specific bequest]. or that, etc.

No. 43

Administration by Pecuniary Legatee



(Title)

[Alter Form No. 41 thus]

[Omit paragraph 1 and substitute for paragraph 2] E.F., late of . . . . . . , died on or about the . . . . . . day of . . . . . . .By his last will, dated the . . . . . . day of . . . . . . he appointed C.D. his executor, and bequeathed to the plaintiff a legacy of . . . . . . rupees.

In paragraph 4 substitute "legacy" for "debt"

Another form.

(Title)


E.F., the above-named plaintiff, states as follows:—

1. A.B. of K. in the . . . . . . died on the . . . . . . day of . . . . . . . By his last will, dated the . . . . . . day of . . . . . . , he appointed the defendant and M. N. [who died in the testator's lifetime] his executors, and bequeathed his property, whether movable or immovable, to his executors in trust, to pay the rents and income thereof to the plaintiff for his life; and after his decease, and in default of his having a son who should attain twenty-one, or a daughter who should attain that age or marry, upon trust as to his immovable property for the person who would be the testator's heir-at-law, and as to his movable property for the persons who would be the testator's next-of-kin if he had died intestate at the time of the death of the plaintiff and such failure of his issue as aforesaid.

2. The will was proved by the defendant on the. . . . . . day of. . . . The plaintiff has not been married.

3. The testator was at his death entitled to movable and immovable property; the defendant entered into the receipt of the rents of the immovable property and got in the movable property; he has sold some part of the immovable property.

[As in paras 4 and 5 of Form No. 1.]

6. The plaintiff claims—

(1) to have the movable and immovable property of A.B. administered in this Court, and for that purpose to have all proper directions given and accounts taken;

(2) such further or other relief as the nature of the case may require.

No. 44

Execution of Trusts



(Title)

A.B., the above-named plaintiff, states as follows:—

1. He is one of the trustees under an instrument of settlement bearing date on or about the . . . . . . day of . . . . . . made upon the marriage of E.F. and G.H., the father and mother of the defendant [or an instrument of transfer of the estate and effects of E.F. for the benefit C.D., the defendant, and the other creditors of E.F.].

2. A.B. has taken upon himself the burden of the said trust, and is in possession of [or of the proceeds of] the movable and immovable property transferred by the said instrument.

3. C.D. claims to be entitled to a beneficial interest under the instrument.

[As in paras 4 and 5 of Form. No. 1.]

6. The plaintiff is desirous to account for all the rents and profits of the said immovable property [and the proceeds of the sale of the said, or of part of the said, immovable property, or movable, or the proceeds of the sale of, or of part of, the said movable property, or the profits accruing to the plaintiff as such trustee in the execution of the said trust]; and he prays that the Court will take the accounts of the said trust, and also that the whole of the said trust estate may be administered in the Court for the benefit of C.D., the defendant, and all other persons who may be interested in such administration, in the presence of C.D. and such other persons so interested as the Court may direct, or that C.D. may show good cause to the contrary.

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