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 Courts  Monday  May 7  1906

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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 Courts Monday May 7 1906

1906

When the numbers are even the opinion of the Chairman shall prevail on all points except the finding in the event clxiii of a disagreement as to the finding the case shall be referred back to the District Magistrate or the Sub-Divisional officer as the case may be." content'. [...] In the above view the decision of the majority of the Full Bench in Jenokey Nth v. Brojo.L.el (10 C. W. N. 609) would seem to be right in the result as the objection to the award in this case did not go to the root of the award. [...] It seems however that the real nature of this objection was not adverted to or pressed in the arguments and the decision proceeded on the basis that the factum of the reference or the genuineness of the award had not been challenged [see Mookerjee J's. [...] He pointed out the facts as to the prior relationship of the parties and their respective positions at the time of the alleged bargain ; the absence on the part of the Plaintiffs of any precise and accurate knowledge of the provisions of their mother's the want of independent advice and so forth. [...] At the hearing of the rule the Counsel for the Petitioners prayed that under the circumstances the case of Ehe Petitivers should be transferred to the file of the trying Ma.gistrate.
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 Courts Monday May 7 1906
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