cover image: The Indian Decisions (New Series)  Being a Re-Print of All the Decisions of the Privy Council on Appeals from India and of the Various High Courts and other Superior Courts in India Reported Both in the Official and Non-Official Reports from 1875  Bombay (1875-1878)  I.L.R. 1 and 2 Bombay

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The Indian Decisions (New Series) Being a Re-Print of All the Decisions of the Privy Council on Appeals from India and of the Various High Courts and other Superior Courts in India Reported Both in the Official and Non-Official Reports from 1875 Bombay (1875-1878) I.L.R. 1 and 2 Bombay

1914

The decree of the Court of first instance directed the Commissioner to take an account of the moneys paid by the plaintiff, during the period between 24th January 1865 and the date of the filing of the plaint, for the use and at the request of the defendants, and to allow credit to the defendants for the sums for which the plaintiff had given credit in his particulars of demand, and for all other [...] (2) This word was written in the decree " whenever," but that appearing on reference to the notes of the learned Judge and of the counsel engaged in the case, as well as to the report of the judgment by a short hand writer, to be a clerical error for "wherever," the Court, at the hearing of the appeal, ordered the error to be rectified. [...] Nothing was ever said in the Court below in the argument, or in the judgment, or, it is submitted, in the decree of reference, which could have had the effect of preventing the appropriation by the plaintiff of the payments by the defendants in satis- faction of the barred balance, and it was not till the passing of the order now appealed against that we had any idea that Bayley, J. , intended his [...] It is contended on behalf of the defendants that moneyS which, assuming the defendants to have been silent at the time of payment as to appropriation, would by law have been appropriated to the satisfaction of the earlier claims of the plaintiff, ought, notwithstanding the general rule of law, under the special language of the decree in this particular case, to be applied in satisfaction of the [6 [...] The Crown has the first claim to the proceeds of a pauper suit to the extent of the amount of the court fee that would have been payable at the institution of the suit had the plaintiff not been a pauper ; and s. 309 of the Code of Civil Procedure does not preclude the Crown or its representative from urging its prerogative.
law
Pages
966
Published in
India
SARF Document ID
sarf.100024
Segment Pages Author Actions
Frontmatter
i-xv The Lawyer’s Companion Office, Trichinopoly and Madras view
I.L.R. 1 Bombay
1-428 The Lawyer’s Companion Office, Trichinopoly and Madras view
I.L.R. 2 Bombay
429-874 The Lawyer’s Companion Office, Trichinopoly and Madras view
General Index
875-950 The Lawyer’s Companion Office, Trichinopoly and Madras view

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