cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  July 31  1899

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday July 31 1899

1899

The Court of Appeal following the decision of the House of Lords in Bray v. Ford (1890 A. C. p. 44) held that the costs of the first trial and of the application for the new trial were to abide the event of the new trial. [...] The Subordinate Judge gave the Plaintiff a decree and on appeal by the Defendant theDistrict Judge reversed the decision of the Subordinate Judge and dismissed the suit on the ground that the Chandenagore Court had no jurisdiction over the Respondent who.was a resident of the Tipperah District. [...] The first Court gave the Plaintiffs a decree but the lower Appellate Court reversed the same holding the relinquishment in question to be purely fictitious that is to say that notwithstanding the so-called relinquishment the land 28 bighas continued to be in the possession of the Bauris and the said Court dismissed the snit which was to obtain possession of the said 28 bighas by partition [...] Held--That in view of the circumstance that the Defendants had confused the boundaries the sound rule to adopt in this case in determining which of the lands the Plaintiffs are entitled to have in this case would be to follow the rule that if the 45 highas comprised in the kabuliat of 1284 be in the first place ascertained then the 28 bighas to which Plaintiffs are entitled should be defined [...] The District Judge on appeal set aside the sale on the ground that the delay in the payment of the deposit constituted an illegality vitiating the sale and that in the circumstances of the case there was a NOTES.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday July 31 1899
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