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Showing contexts for: champerty in P.A. Jacob And Others vs Nanda Timber Trading Co. And Others on 8 January, 1988Matching Fragments
20. At this juncture it is relevant to note the law relating to Maintenance and Champerty, as found in Law of Torts by Anand & Sastri's at page 1066 : It runs as follows :
"24 Maintenance and Champerty:
Maintenance is the officious or unlawful assistance by money or otherwise, preferred by a third person to sister party to a civil suit, in which he himself has no legal interest to enable the party helped to prosecute or defend it. The essence of the offence is intermeddling with litigation in which the intermeddler has no concern. Champerty is only a species of maintenance, and consists in the "unlawful maintenance of a suit in consideration of some bargain to have part of the thing in dispute or some profit out of it. Both these torts are crimes. They originated in the early History of the common law when the royal justice had to prevent interference from the powerful barons and local squires. Very often the assistance must have taken the form of armed intervention. The Royal Courts adopted rule that it was unlawful and criminal for any person other than the parties to an action and their legal advisers to interfere in an action without lawful justification.