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  September 10  1900

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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 September 10 1900

1900

Justice Cozens Hardy raised a question on the construction of the 26th clause of the agreement made on the 17th August 1849 when the concession was granted by the then East India Company (whose interest in the concern has passed to the Secretary of State for India) for the construction maintenance and working of the Railwiy for a term of 99 years. [...] The Secretary of State had given notice to -purchase the concern and the price to be paid for it was not by a gross value payment but under the option reserved in the deed regarding payment by the paying of annuities to run on for the residue of the term of 99 years. [...] The APPEAL COURT concurring with the -learned judge that the intention of the parties must be gatheed from the terms of the deed of 1849 dismissdd the appeal. [...] As regards the four Railway debenture stocks they do not in our Onion fall within the same category as we understand in each case the foie Railway Companies having issued debenture stocks upon the transfer of the Railway to the Government of India the obligation to pay the interest was transferred from the Railway Copanies to the Government of India. [...] Held That thtre being nothing to show that the Court disallowed the objection of the judgmendebtors on the merits and the dismissal of the Judgment-debtors objection being for their default in appearing and the application for execution having been dismissed and not simply struck of; the dismisal of the objection could not operate as a bar to its being urged when the decree-holder applied -f
law
Pages
4
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 September 10 1900
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