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 8  1901

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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 8 1901

1901

On the 23rd September 1899 the decree-la lders obtained decrees against the judgment-debtors in respect of rent due for these /ww/a interests and on the 23rd November of the same year they applied for execution of their decrees and the 15th of Janary 1900 was then fixed for the sale on the 12th January the judgment-debtors applied for stay of execution under the provisions of see. [...] Then on the 22nd January the Judge by an order of that date directed that as it was necessary to test the property pledged by the debtors this property was to be tested by the Nazir of the Nunsif's Court and the NaZir WaN directed to submit his report in regard to the sufficiency of the property as security on or before the 27th January and the sale was ietecrdingly. [...] Held --That the fixing of 110 sale-prochunation upon the property not of the judgment-debtor but of the decree-holder at a distance of some half-a wile from the judgment-debtor's property violated the principles on which the law on the mode of serving. [...] That in this case the Court inferred as a matter of fact that the inildequacy of price was due to the paucity of bidders which was directly the _result of the irregularities in the publishing of the sale upon which the judgment-debtors had placed reliance. [...] $8 of the Code Criminal Procedure as the property of the accused that the Plaintiff was thereby dispossesa d from the garden many of the trees in it had been destroyed for want of proper care and the garden had remained in the possession of the servants of Defendant No.
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 8 1901
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