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  April 20  1903

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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 April 20 1903

1903

Court of Madras for an order for the transfer of the suit from the Court of the Governor's Agent to some other Court and no opposition having been made othe Petitioner's behalf an order was made transferring the suit to the District Court of Vizagapatam (the suit became 0. S. 4 of 1893 tin the file of that Court). [...] On the 1st of December 1893 the said Court dismissed the suit on the ground that no sufficient evidence had been given to establish the nature of the tenure' On the 20th March 1900 the High Court of Madras decided (Maharajah of Jeypore v. Papamma 23 Madras 329) that the High Court had no juridiction to order the transfer of a suit from the Court of the Governor's Agent and that the consent o [...] the Defendant in a suit and not for the Court to raise or maintain the plea of res judicata but that even if appropriately pleaded it could not avail in the present case to bar the suit inasmuch as the Plainiff seeks to establish that the adverse judgment in the snit of 1893 was due to the gross negligence of his next friend and guardian." " The allegation of gross negligence on the part of the [...] In the meantime the mother of the Plaintiffs applied to the District Judge's Court of Agra fir the appointment of a guardian of the Plaintiffs alleging that they were infants and the District Judge finding that they were infants appointed the said Collector as guardian. [...] The costs of the present application to be paid by the said Collector to the opposing Defendants out of the estate of the infants.
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 April 20 1903
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