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  August 10  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 August 10 1903

1903

But the answer to that is that by enabling individuals to make a settlement of their propety in contravention of the ordinary laws and cutom of the country and the recognised principles of law the Legislature is surely trenching on the rights of younger children and the expectant heirs near and remote and is thus doing a positive harm to the community at large. [...] If the highway has been dedicated by the Crown to the public the curious result of the provisions of the Limitation Act will be that at the expiration of 30 years the Crown will have the land freed from the burden of the highway and will be entitled to remove the obstruction or encroachment set up by the trespasser. [...] Upon the Defendaut's appeal from that decision tha Court of Appeal considered that the admission that £40 out of the £100 was due was not sufficient but there was ample authority for holding that a promise to pay the balance of the original debt found due upon the taking of accounts between the parties was sufficient to take the case out of the Statute of Limitations. [...] The suit was brought by the Plaintiff the present Appellant in the Court of the Subordinate Judge of Agra to recover from the Defendant the sum of Rs. [...] That the cause of action arose on the 13th of May 1891 when the ancestor of the Plaintiff and the servants of the estate discovered the mistake as well as ou the 1st of August 1891 when the application for a refund of the amount was disallowed.
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 August 10 1903
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