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 Supreme Courts in India related both in the official and non-official reports from 1875  Bombay  (1885-1886) I.L.R. 9 and 10 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 Supreme Courts in India related both in the official and non-official reports from 1875 Bombay (1885-1886) I.L.R. 9 and 10 Bombay

1914

In conformity with the usual practice of the Court, the chief clerk of the Court, on receipt of the certificate, issued the writ of arrest under the seal of the Small Cause Court, and the plaintiff was arrested. [...] The plaintiff’s imprisonment hoaxing taken place under a warrant of the Court issued in regular manner, and such Court being of competent jurisdiction, the plaintiff had no cause of action as against the first defendant,—the error was wholly and entirely the error of the officers of the Small Cause Court. [...] Held, also, as regards the cashier and the chief clerk of the Small Cause Court, that the plaintiff’s suit was barred, as more than one year had elapsed from the date of the termination of the plaintiff’s imprisonment. [...] The amended plaint further states that the third defendant, as cashier of the Court, had certified to the defendant Pearse’s agent the non- payment of the decree ; and that the second defendant, as chief clerk of the Court, had upon that certificate issued the said writ of arrest under his hand and under the seal of the Court. [...] He made the non-payment of the judgment, of which he had the best possible evidence, in the certificate of the proper officer, the foundation and condition of his request for a warrant.
law
Pages
981
Published in
India
SARF Document ID
sarf.100024
Segment Pages Author Actions
Frontmatter
i-xvi The Lawyer’s Companion Office, Trichinopoly and Madras view
I.L.R. 9 Bombay
1-382 The Lawyer’s Companion Office, Trichinopoly and Madras view
I.L.R.. 10 Bombay
383-836 The Lawyer’s Companion Office, Trichinopoly and Madras view
General Index
837-965 The Lawyer’s Companion Office, Trichinopoly and Madras view

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